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

Vol. 141 WASHINGTON, TUESDAY, JUNE 13, 1995 No. 96 House of Representatives

The House met at 10:30 a.m. and was read the few articles regarding these days the week before last—a cynic called to order by the Speaker pro tem- visits, you get the impression that the might say for the benefit of those high pore [Mr. FRISA]. elections are on line for June 25, and level delegations—we found that most f that come February 1996, there is no stations closed in April due to lack of question that Haiti will be a self-sus- materials. This has left many Haitian DESIGNATION OF SPEAKER PRO taining, self-policing democracy under voters unregistered, disgruntled, and TEMPORE the direction of a new Haitian Presi- disenchanted with the electoral proc- The SPEAKER pro tempore laid be- dent. ess. fore the House the following commu- I think we all hope that that will be It should surprise no one that the nication from the Speaker: the case. Especially since much of all single most important issue for most WASHINGTON, DC, this activity has been paid for by U.S. Haitians of all types is security. Any- June 13, 1995. taxpayers. However, I want to urge my one who has followed elections in Haiti I hereby designate the Honorable DAN colleagues to take a closer look—to un- knows that potential Haitian voters FRISA to act as Speaker pro tempore on this derstand that, although some progress carry the memory of 1987 when voters day. has been made, there is still a long, were massacred as they went to the NEWT GINGRICH, long way to go. Foremost on my long polls. For candidates across the spec- Speaker of the House of Representatives. list of concerns is the question of trum from left to right, campaigning is f whether or not the upcoming par- done mostly by posters, rather than in MORNING BUSINESS liamentary elections will be fully free person. Why? According to most of the and fair and held in a stable environ- candidates we have been in contact The SPEAKER pro tempore. Pursu- ment where Haitian voters and can- with, they are worried about personal ant to the order of the House of May 12, didates alike feel free to exercise their security. The problem is that the com- 1995, the Chair will now recognize political prerogatives. Judging from bined impact of the dissolution of the Members from lists submitted by the the reports I have received, there are Haitian military and the inability of majority and minority leaders for some serious problems. With elections the interim public security force to morning hour debates. The Chair will less than 3 weeks away, the candidates command the respect and trust of the alternate recognition between the par- list has yet to be finalized. This means Haitian people has left an authority ties, with each party limited to not to that not only are voters and candidates vacuum. In fact, the IPSF continues to exceed 30 minutes, and each Member confused about who will be on the bal- be afraid to patrol alone. except the majority and minority lead- lot, but also that the ballots cannot go Despite the presence of the United er limited to not to exceed 5 minutes. to print. The California printing com- Nations missions in towns and villages The Chair recognizes the gentleman pany doing them has said they need 3.5 in all nine departments, if you ask from Florida [Mr. GOSS] for 5 minutes. weeks to do that job—as it stands them, most Haitians will tell you that f today they will be scrambling to get having the troops there has made little them printed in time for distribution difference in their security situation. A LONG, LONG WAY TO GO to the 9,000 voting stations in Haiti be- Whether they are actually safer or not, Mr. GOSS. Mr. Speaker, in the past 2 fore the June 25 election. Of course, be- they do not feel as if they are and that weeks Haiti has paid host to an impres- cause so many of the facilities used for the new Haitian police force of 6,000 sive list of high-level visitors. The OAS voter registration have been damaged will not be ready to take over until journeyed there for its 25th annual by frustrated crowds, the question of early next year at the earliest. It also meeting. A U.S. Presidential delega- where these 9,000 voting stations will bears remembering that the parliamen- tion traveled there for a look around. be remains open. tary elections are only the first step— And, Secretary of State Warren Chris- There are also signs of some serious they will set the tenor for the Presi- topher joined the celebration for the problems with the voter registration dential elections later this year. first 370 graduates from the Civilian process. A recent inventory found that Mr. Speaker, it is way too soon to de- Police Training Center the United nearly 1 million voter registration clare a victory in Haiti. In fact, I will States created last December. These cards were missing. To date, the elec- not be ready to do that until Haiti has groups saw highway refurbishment toral council has only been able to lo- a new President, a new parliament, a projects, met with an optimistic elec- cate 60,000 of them. In addition, despite working jurisprudence system, and an toral council, and some even stayed in the reopening of several registration investment climate that invites invest- the newly refurbished Club Med. If you centers in Port-au-Prince for a few ment, and is no longer a country under

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

H 5759 H 5760 CONGRESSIONAL RECORD — HOUSE June 13, 1995 United Nations control with a national just $2,000 more per year than white AMTRAK budget largely financed by the inter- men with high school diplomas. The SPEAKER pro tempore. Under national community and especially the Hispanic women with college degrees the Speaker’s announced policy of May American taxpayers. We are far from a actually earn less than white males 12, 1995, the gentleman from Colorado with only high school diplomas, and Haiti that is once again a Haitian re- [Mr. HEFLEY] is recognized during sponsibility. earn less than 65 percent of what col- morning business for 5 minutes. American taxpayers may wonder why lege-educated white males earn. Mr. HEFLEY. Mr. Speaker, Congress this matters to them. It is an impor- In my State of New Mexico, a profes- is a master at creating Federal pro- tant country, a country that is strug- sional woman can expect to make grams based on good intentions rather $12,000 less per year than a professional gling with democracy. It is nearby to than sound economic sense and for male, in sales, men earn more than us. We want them to succeed. It is also which the tax becomes their lifeline for twice the salaries of their female coun- important because it is costing us survival. somewhere between $1, $2 to $3 million terparts and 30 percent more in certain Amtrak—the idea—was a good one. every day to support our activities clerical positions. Amtrak was created in 1970 with a one- What can we conclude from these there. time grant of $40 million. It was a 2- facts? I think it is plain to see that the year, Government-assisted program f effects of past discrimination persist, that would become an independent and AFFIRMATIVE ACTION and that the practice of discrimination continues. Affirmative action is still self-sufficient operation. The reality, however, tells a different The SPEAKER pro tempore. Under necessary. the Speaker’s announced policy of May There are many misconceptions story. Amtrak has cost taxpayers over 12, 1995, the gentleman from New Mex- about what affirmative action is. First $15 billion since 1970. Although Amtrak ico [Mr. RICHARDSON] is recognized dur- of all, affirmative action applies only carries only 0.3 percent of all intercity ing morning business for 5 minutes. to qualified applicants. We have all travelers, it is the most highly sub- Mr. RICHARDSON. Mr. Speaker, the heard the disturbing cases where posi- sidized form of intercity transpor- Supreme Court is wrong on affirmative tions are given to a woman or minority tation. GAO figures indicate Amtrak action and has now created another na- who lacks all experience and education could need as much as $10 billion over tional wedge issue, alongside crime, required for a slot, while scores of ca- the next 5 years to maintain its cur- welfare, and immigration. With this pable white males are turned away. rent level of service. ruling, the Court has undercut and may These cases are rare, and they are not Since 1990 the Amtrak situation has kill many affirmative action programs. legal. gotten even worse. Between 1989 and The Court read the polls and raised its Legal affirmative action plans must 1993 Amtrak lost an average of $706 finger to test the political wind and set goals, not quotas, they must pro- million per year, and it’s not going to found a sudden chill on doing the right vide reasonable timetables for reaching get any better. Revenues have fallen well short of es- thing—ensuring that minorities have a those goals, and they cannot trample timates for the last 4 years. In 1994, seat at the table and access to eco- the rights of others. These are rational, Amtrak forecast revenues of $1.1 bil- nomic opportunity. constrained guidelines that lawful af- lion, while actual revenues were only I have supported affirmative action firmative plans must meet. $880 million, a difference of over $200 since its inception years ago. I believe Another misconception about affirm- million. it is still necessary, and I am deeply ative action is that it is bad for busi- Since 1990, passenger revenues have concerned that we may abandon it out ness and the economy. In fact, the op- fallen by 14 percent in real terms. The of misplaced frustration and political posite is true. Most employers sur- gap between revenues and expenses expediency. veyed indicate that productivity has continue to grow. Let us take a look at our work force not suffered, and in many cases im- proved, where affirmative action plans Why have the 1990’s been so bad for to determine whether equality and Amtrak? fairness have overcome past discrimi- were used. Many business leaders who trade in Deterioration of tracks and trains— nation. In the private sector, only 10 international markets believe that af- 23 percent of Amtrak’s cars are over 40 percent of all managers are minorities, firmative action is necessary for them years old, and 70 percent of the cars are and only 30 percent are women. In gov- to complete domestically and inter- almost 20 years old. With shoddy track ernment offices, management positions nationally. It gives them a work force and old cars, Amtrak is not a com- follow the same trend: 9 percent are that reflects the diversity of their cus- fortable way to travel. Increased acci- minorities, 87 percent are men, and tomers and the markets they serve. dents are causing people to question only 13 percent are women. Finally, many have the the safety of Amtrak, and rightfully These numbers do not come close to misperception that affirmative action so. reflecting our population. In fact, is a partisan issue developed by a small Amtrak’s labor structure is costing women and people of color currently group of liberals. This is not true—af- them a fortune. Their labor structure account for 53 percent of the labor firmative action has always enjoyed bi- makes it darn near impossible for Am- force, yet they represent less than one- partisan support. It has been sustained trak to make a profit. Amtrak is re- third of our management positions. and strengthened by eight successive quired, by law, to have a 6-year sever- Can we honestly say that these figures Presidents, and the Reagan administra- ance package for displaced employees. exhibit equality and fairness in hiring, tion successfully worked with biparti- This benefit gives them 6 years of education, and promotion practices? san support to defeat the efforts of a pay equal to the rate they received Let us look at wages—the true test of few to dismantle our policy on affirma- while working. This constitutes a li- what we choose to value. In 1992, Afri- tive action. ability of over $2 billion. can-American men earned only 72 cents Bipartisan action will again be nec- In the cuts announced in December, for every dollar earned by white men. essary to preserve the progress we have Amtrak will be required to pay hun- As a group, women earned only 75 cents made, and to ensure a successful future dreds of millions of dollars to pay labor for every dollar earned by men, and mi- for women and people of color. protections nobody else gets. Amtrak nority women fell below that to just 65 I understand that affirmative action is renegotiating their contract with percent of salaries earned by men. And was never intended to be permanent. labor this year. Amtrak’s wages paid these figures do not compare apples to But our goals set some 30 years ago for could increase by about $200 million oranges—they compare salaries in the a color-blind, gender-blind work force over a 5-year period. same occupations. have not been met. The disadvantaged Increased competition with other These disparities exist among those must have access to earning power in modes of transportation. Most inter- with college degrees as well as those order to create the sort of economy we city trips are made by private vehicle. who are high school graduates: college- all desire. Let us work together to pre- Cars account for about 80 percent of educated women earn 29 percent less serve affirmative action and make that total passenger miles. Falling gasoline than college-educated men, and make happen. prices encourage people to drive. June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5761 Since 1990, the real price of unleaded contribute to the cessation of hos- United States, Britain, France, Ger- gasoline has dropped by 10 percent. tilities, only the continued perpetra- many, and Russia—offered its final, With the increased fuel efficiency of to- tion of aggression and genocide. take-it-or-leave-it peace plan with se- day’s cars, driving continues to be an The article quotes statements, from vere consequences for those who re- inexpensive way to travel. Airline tick- both American and European officials fused. The contact group assured ets and bus fare prices are falling as with access to intelligence reports, Bosnia that if the Serbs plan, inter- well. which confirm that the Federal Yugo- national sanctions against Serbia, Increased dissatisfaction among Am- slav Army is not only paying the sala- would be tightened, more efforts would trak passengers. Volume of complaints ries of many Bosnian-Serb officers, but be made to afford greater protection of has risen from 30,000 in 1989 to 70,000 in is also supplying their forces with fuel, safe areas by the United Nations, and 1994. It is not totally uncommon for an spare parts, training, and ammunition. ultimately, the arms embargo would be Amtrak train to break down, and the There are credible reports that the lifted. The Government of Bosnia ac- passengers must walk to the nearest cross-border traffic is increasing as the cepted, on time and without condition. stop to catch the next train. It’s no combat resumes in Bosnia after a win- The Bosnian Serbs, as we all know, ef- wonder people don’t want to ride Am- ter ceasefire. fectively rejected the plan and contin- trak. Moreover, several American analysts, ued to posture for more concessions What’s the answer? I’ve proposed leg- according to the New York Times arti- which the international community islation to privatize Amtrak by phas- cle, have stated that the Yugoslav has provided. ing out its taxpayer subsidies over a 4- Army provided the parts and techni- The international community’s arms year period and relieving it of its bur- cians for maintaining the Bosnian-Serb embargo against the former Yugoslavia densome labor regulations and route air defenses that shot down an F–16 jet has been a de facto embargo only requirements. My legislation would en- fighter on a NATO monitoring mission. against Bosnia. The Serbian aggres- able Amtrak’s management to make Even if this were not so, the fact re- sors, from the beginning, have had all decisions as in any private corporation. mains that the Bosnian-Serb air de- the firepower and material they needed Slowly phases out subsidy. This year fense system continues to be electroni- from the Yugoslav Army. Amtrak will receive $972 million from cally linked to the Yugoslav Army’s Mr. Speaker, we must redouble our the Federal Government. H.R. 259 will computers and radar. efforts to ensure that the people of reduce the taxpayer subsidy to Amtrak American officials say they have evi- Bosnia have, at a minimum, the right by 25 percent each year for 4 years. dence of regular conversations and con- to defend themselves. Building on the This will phase out the Federal sub- sultations between the Yugoslav momentum of last week’s vote, I urge sidies. Army’s general staff in Belgrade and swift consideration of H.R. 1172, legis- Immediately eliminates congres- the officers directing operations in lation I have cosponsored with Mr. sional micromanagement. Amtrak is Bosnia and that Bosnian-Serbs wound- SMITH, which would lift the arms em- told by Congress how to operate and ed in battle are flown by helicopter to bargo against Bosnia. where to operate. H.R. 259 eliminates Yugoslav military hospitals. This The Serbian aggressors are perpetrat- this meddling and allows Amtrak to would certainly make sense in view of ing genocide while the international focus its resources on its most promis- the fact that General Ratko Mladic, community watches, indeed does more ing routes, not the ones that Congress the commander of the Bosnian-Serb than watch. It facilitates the genocide tells them to focus on. forces, was a career officer in the Yugo- by imposing and enforcing an arms em- Immediately reduces excessive sever- slav Army and was selected to led the bargo against the victims of the war— ance packages. Amends the Rail Labor Bosnian Serbs by Mr. Milosevic shortly denying them their fundamental right Protection Act to reduce the current 6 before the conflict began. In addition recognized under international law— year severance package to 6 months. the recently appointed commander of the right of self-defense. Not only do By freeing Amtrak from these exces- Serbian forces in Croatia, Lt. Gen. Mile we refuse to assist, but we actively sive costs, they will be able to make Mrksic until a few weeks ago was serv- deny to the Bosnians the means by the tough business decisions other ing on the general staff of the Yugoslav which they can defend themselves. I managers are free to make. Army in Belgrade. have no doubt that history will judge We face a critical decision this year. Mr. Speaker, let me remind my col- our European allies and ourselves criti- We can continue to increase our annual leagues that last year Serbian leader cally. subsidies while ignoring Amtrak’s fun- Slobodan Milosevic pledged to close damental problems, or we can enact the border between Bosnia and Serbia f necessary reforms to save Amtrak. in exchange for an easing of economic THE ADARAND DECISION f sanctions against the former Yugo- slavia. Despite reports to the contrary, The SPEAKER pro tempore. Under THE CONTINUING CRISIS IN he continues to insist that only the Speaker’s announced policy of May BOSNIA nonlethal aid is being provided by Ser- 12, 1995, the gentleman from Florida The SPEAKER pro tempore. Under bia to the Bosnian-Serb militants. [Mr. CANADY] is recognized during the Speaker’s announced policy of May Meanwhile, the West, headed by the morning business for 5 minutes. 12, 1995, the gentleman from Maryland contact group, and most recently by Mr. CANADY of Florida. Mr. Speak- [Mr. HOYER] is recognized during morn- United States negotiator Robert er, the Supreme Court yesterday ing business for 5 minutes. Frasure, continues to negotiate with struck an important blow in defense of Mr. HOYER. Mr. Speaker, I rise Mr. Milosevic toward the complete lift- the fundamental moral and constitu- today to once again focus my col- ing of sanctions against the former tional principle of nondiscrimination. leagues’ attention on the continuing Yugoslavia in exchange for Milosevic’s In Adarand Constructors versus Pena, crisis in Bosnia. recognition of Bosnia and Herzegovina. the Court held that racial classifica- Last week this House voted over- Milosevic continues to rebuff these tions by any level of government are whelmingly to unilaterally lift the overtures unless he can guarantee that constitutionally suspect and will be arms embargo against Bosnia and once lifted, the sanctions cannot be re- permitted only in the most extraor- allow the Bosnian people to pursue imposed under any circumstances. dinary circumstances. their fundamental right to defend I ask my colleagues, should the West The Court has thus stated unequivo- themselves. lift economic sanctions against a gov- cally that the Constitution permits A front page article in Sunday’s New ernment that is sustaining the governmental racial classifications— York Times crystallizes for us—indeed, Bosnian-Serbs war effort, even as it including ones enacted by Congress— if at this time we need any further pledges to do the opposite? only when they are narrowly tailored clarification—the compelling reasons Mr. Speaker, I contend that it is pre- to further a compelling government in- for lifting the embargo. The article can posterous that the international com- terest. only lead one to conclude that the em- munity has even reached such a junc- In so holding, the Court has provided bargo is wrong and that it will never ture. Last year the contact group—the an important and timely impetus to H 5762 CONGRESSIONAL RECORD — HOUSE June 13, 1995 congressional action designed to dis- Second—and this is where I think we does, it is what every State and local mantle the pervasive regime of race really need to make some changes—we government does. There is only one and gender preferences that has been should make sure that neither Con- group that does not do it, and that is established by the Federal Government gress nor the Federal Government do the Federal Government. over the last 25 years. anything to require or encourage citi- Capital budgeting simply says that Until recently, I do not think anyone zens to engage in the sort of race- and you show your long-term investments, truly recognized how widespread these gender-conscious policies we purport to those things that bring you back more Federal preferences really are. But in abhor. than you actually spend on them over February of this year, at the request of On the point, I quite agree with the time, separately from your operating Senator DOLE, the Congressional Re- Court majority in Abarand when they expenses. search Service prepared a report col- wrote that program like racial set- What we do in the Federal Govern- lecting the Federal statutes and regu- asides ‘‘can only exacerbate rather ment is a dollar spent for welfare is lations that establish preferences based than reduce racial prejudice,’’ and in- considered exactly the same as a dollar on race and gender deed ‘‘will delay the time when race spent for bridges and infrastructure CRS compiled a list of approximately will become a truly and research and development, for 160 such Federal laws, some of which irrelevant * * * factor.’’ those things that are so important to are statutory, but the large majority of It was Justice Blackmun, of course, make us grow. which are buried in agency regulations who wrote in the Bakke case that, ‘‘To That makes no sense. What we do is relating to Federal contracting and get beyond racism, we must first take to ask that for the first time, the Fed- employment and the administration of race into account.’’ But the very no- eral Government operate on a capital Federal programs. tion that you cure an evil by engaging budget that deals with physical infra- Simply stated, the Federal Govern- in that same evil is nonsense. Two structure, the roads, the bridges, the ment is a major player in the business wrongs do not make a right. Instead, airports, the water and sewer systems, of granting preferences and imposing we should pursue a firm commitment the telecommunications networks, those things that are physical and have burdens on its citizens on the basis of to the principle embodied in the tangible value. race and gender. Court’s holding yesterday, and perhaps The reality is this country, for in- Some of us find troubling the Con- best captured by Justice Thomas’ con- gress’ cavalier acceptance of this un- stance, spends far less in proportion to curring opinion. He wrote: its budget than many of our industrial just situation, and I, as well as other I believe that there is a moral and con- Congressmen and Senators, have an- competitors. Japan, with half the popu- stitutional equivalence between laws de- lation and about 60 percent of the econ- nounced an intention to end the injus- signed to subjugate a race and those that omy that the United States has, spends tice through legislation prohibiting the distribute benefits on the basis of race in use of race and gender preferences by order to foster some current notion of equal- more in real dollars on its infrastruc- ture than the United States does. Then the Federal Government. ity. Government cannot make us equal; it I think the Court’s decision in can only recognize, respect, and protect us as we wonder sometimes why we are hav- Adarand is a very significant step in equal before the law. ing trouble competing. What we ask is that we have capital the right direction. Most importantly, I believe that a candid observer must budgeting. This Congress has a prece- the Court’s holding is driven by a rec- conclude that Congress has partici- dent with that. Both 2 years ago and ognition of the principle that must pated in the creation of a pervasive system of discriminatory preferences again just a few months ago on the form the basis of any systematic re- floor of this House when the constitu- view of Federal racial and gender pref- and has thus failed to abide by the fun- damental obligation imposed by the tional amendment to balance the budg- erences. et was up, last time 139 Members of the As Justice O’Connor explained for equal protection clause. And so I welcome the Court’s deci- House voted for my amendment that the majority, the equal protection would have permitted capital budget- clause ‘‘protect[s] persons, not sion in Adarand. I hope and trust that my colleagues in the House and the ing. We had a large vote before and a groups.’’ significant number of Republican Mem- This principle motivates my commit- Senate will follow the Court’s lead and bers as well as Democrat Members sup- ment to making sure that Congress do what we can to restore to our Fed- eral laws the principle of non- ported it 2 years earlier. picks up where the Court has left us. It This offers to Republican leaders and discrimination. We would do well to re- is, as the Court emphasized, a matter to Democrat leaders a way to meet the dedicate ourselves to the simple truth of simple justice that the Government balanced budget requirements, to in- pointed out yesterday in Justice should not favor or disfavor any citizen troduce some appropriate accounting Scalia’s characteristically poignant on account of morally irrelevant char- methods to bring the Federal Govern- concurring opinion: ‘‘In the eyes of acteristics like race and gender. ment into line with everyone else, and government, we are just one race here. But this issue is about more than re- to encourage investment. Where do you It is American.’’ verse discrimination. It is, at bottom, get a win-win-win-win situation like about the kind of society we want to f this? Capital budgeting, I think, is cru- live in. And on this point, I think de- CAPITAL BUDGETING cial to this. fenders and opponents of racial pref- There is no doubt that our Nation’s erences probably agree: We, as a soci- The SPEAKER pro tempore. Under infrastructure is in need of replace- ety, are far too conscious of race. But the Speaker’s announced policy of May ment. I notice that one of the growth we disagree on how best to cure this 12, 1995, the gentleman from West Vir- industries as I drive around the coun- immoral focus on race. Ultimately, of ginia [Mr. WISE] is recognized during try seems to be orange barrels. Some- course, we will only become a truly morning business for 5 minutes. times those orange barrels mean that colorblind society when each of us Mr. WISE. Mr. Speaker, what I want construction is taking place. Other commits to combating discrimination to do today is to announce that yester- times those orange barrels mean there in our own actions and in the actions day 36 of my colleagues and I sent to is simply a problem and we do not have of those with whom we come into con- the President of the United States this the money to deal with it. tact. letter. In this letter, what we do is to Almost half the Nation’s bridges are But insofar as Congress’ role is con- ask the President to consider capital in some way substandard. Two hundred cerned, there are two major things we budgeting as one approach to whatever twenty some thousand miles of high- can and must do. First, we must ensure budget eventually emerges from this way needs some kind of immediate that the Federal antidiscrimination Congress and in negotiations with Con- work. Clearly our infrastructure needs laws are adequate to the task of pro- gress and the White House. work, needs rebuilding and needs build- hibiting such discrimination, and that What is capital budgeting? Capital ing. Capital budgeting permits that to the enforcement agencies are vigorous budgeting is very simple. It is what happen. and judicious in their enforcement ef- every family in this country does, it is There are going to have to be a lot of forts. what every business in this country painful cuts in the balanced budget June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5763 proposal. Everyone understands that. new majority in this House as isola- HOUSE DEFENSE BILL SEEKS TO There is going to be a legitimate de- tionists. Let me humbly suggest that ADD FAT TO DOD BUDGET bate about whether it takes 7 years to there is nothing isolationist about put- The SPEAKER pro tempore. Under get to that goal or 8 years or 10 years. ting legitimate American interests the Speaker’s announced policy of May We all understand that. first on the world stage. Indeed, our 12, 1995, the gentlewoman from Colo- There is going to be a lot of partisan- foreign policy should be one that oper- rado [Mrs. SCHROEDER] is recognized ship on this floor. That is a given. But ates under the principle of enlightened during morning business for 5 minutes. it does seem to me that where we can self-interest, working together with Mrs. SCHROEDER. Mr. Speaker, I find bipartisan solutions to meet this the international community, through wanted to take the floor to talk about challenge of balancing the budget, we the United Nations, not to place some the great debate that is going to be be- ought to be about that business. international creed in a position of pre- ginning today on the defense bill. We Capital budgeting has been advanced eminence to American policy but to are going to start today on the defense very ably by Republican leaders such work in concert with other nations, un- bill, but the real problem is we are not as the chairman of the Committee on derstanding full well our role in the going to be able to do much about the Government Reform and Oversight, the world community as indeed perhaps defense bill. gentleman from Pennsylvania [Mr. the world’s lone remaining superpower. I find this a remarkable situation CLINGER], the chairman of the Commit- that we are in really for the first time I thought the Speaker was very gra- tee on Transportation and Infrastruc- since I have been here. You see, the cious in characterizing the President’s ture, the gentleman from Pennsylvania President asked for a number, the Pen- efforts in many ways. I think quite [Mr. SHUSTER], the ranking member, tagon asked for a number, the Senate frankly, Mr. Speaker, it is a tribute to the gentleman from California [Mr. MI- came up with about the same number. our fighting men and women that they NETA], myself, and others. Capital But in the House, they have added $9.5 can take on missions of great dif- budgeting is truly a bipartisan solution billion to that number. We are going to ficulty, such as the one in Haiti, when to many of the problems that face this force-feed the Pentagon with all sorts in essence our fighting men and women Federal Government and its budgeting of things they do not even want. The were called upon to be social workers concerns. problem is, we are going to get exactly in olive drab. They were placed in Once again, Mr. Speaker, and the rea- 1 hour to debate on this and this is harm’s way not to defend the legiti- son we have written the President is going to be during the rule, because the mate interest of the United States but where else can you bring the Federal rule does not allow any amendments to to try and referee a potentially explo- Government in line with every other take that fat out. Seventy-three per- sive situation. accounting entity, bring the Federal cent of the amendments offered to the Government in line with every busi- I thought the Speaker put it suc- Committee on Rules were denied. Sev- ness, with every family, with every cinctly when he described the dif- enty-three percent. State and local government? Where ficulty in the Bosnian theater con- I had an amendment that brought the else can you get the Federal Govern- fronting the U.N. peacekeeping force. number back down to the Pentagon ment on an accounting system that is As the Speaker pointed out, military number, the President’s number, the entirely appropriate? Where else can troops are not introduced into a thea- Senate’s number, and that was denied. you get the Federal Government on a ter to become hostages. They are there When this rule is passed today, it is system that encourages investment, to free hostages. They should be there going to hermetically seal the fat in not discourages growth? Where else can to liberate, not to find themselves this DOD budget. you get the Federal Government actu- enslaved. Indeed, I believe it was that I suppose you can say, if you want to, ally moving faster toward a balanced great internationalist President and there should be different criteria for budget and at the same time encourag- that great war leader Dwight David Ei- the Pentagon than there are other ing the growth that we think is so im- senhower who recognized the reality of places. But the Pentagon is not even portant? operating in an international setting asking for this different criteria. They The reality is we are going to have to within the international community are saying they can do very well on $9.5 encourage growth in any balanced but also said, and it was reflected in billion. I think from the example of the budget proposal. You cannot simply his actions in the White House, that we last few days with the celebration of cut your way to fiscal nirvana. Capital should define our legitimate self-inter- O’Grady coming home and being so budgeting offers that. It is appropriate. ests. generous in showing how well trained Every CPA can tell you that. I hope I applaud the fact that a young pilot, he was as well as the Marines that that the President will follow up on Captain O’Grady, is back out of harm’s picked him up, the Pentagon knows this suggestion. way. I applaud the efforts once again of what it is doing, and so why are we in- f our Armed Forces to free him. But sisting we have to add all these pet rocks to the budget at a time when U.S. FOREIGN POLICY again putting Americans in harm’s way is not the answer to the problem. funding is so dear around here? The SPEAKER pro tempore. Under You have seen all of the pain that the Speaker’s announced policy of May Mr. Speaker, lest there are some who has gone on with this cutting in many 12, 1995, the gentleman from Arizona think this is a partisan harangue, let other areas. If you look at the budget [Mr. HAYWORTH] is recognized during me pause at this juncture to welcome and look at where we are really cut- morning business for 5 minutes. what I believe to be the bipartisan ini- ting, we are cutting the things that af- Mr. HAYWORTH. Mr. Speaker, like tiative of one of my preceding speakers fect real people, real people, like my so many other Americans, I listened this morning, the gentleman from family, people who need educational with great interest Sunday afternoon Maryland, who once again renewed his loans, people who need housing, people to the dialog between the President of call for a lifting of the arms embargo who need health care, people who want the United States and the Speaker of in Bosnia. For in the final analysis, it school lunches. Those are the kinds of the House of Representatives in New is the oppressed who must rise against things we are cutting. Then we are giv- Hampshire. I believe that for the most the oppressor to fight for freedom. In ing the Pentagon things they do not part, it reaffirmed an observation that the final analysis, it is the legitimate even ask for. Go figure. It does not I have made on this floor many times, national self-interests of others that make any sense at all. that good people can disagree. help define their place in the world. I was looking at some of the things I think there are candidly some pro- Again, I take issue with the notion we could do if we had this $9.5 billion. found points of disagreement. But that it is somehow isolationist or One of the first things that jumped up there was one characterization from xenophobic to always insist that the is $9.5 billion would double the amount the President with which I take issue United States should execute its for- of biomedical research at the National and I thought I would share with you eign policy with its legitimate national Institutes of Health. Double it. today. During the course of his re- interests preeminent in the formula- Think. What does the average Amer- marks, the President characterized the tion of same. ican fear the most? Are they more H 5764 CONGRESSIONAL RECORD — HOUSE June 13, 1995 afraid of coming down with cancer? Are PRAYER Mr. Speaker, I withdraw my reserva- they more afraid of heart disease? Are The Chaplain, Rev. James David tion of objection. they more afraid of many of the other Ford, D.D., offered the following pray- The SPEAKER pro tempore. Is there illnesses that we still have not con- er: objection to the request of the gen- quered yet? Or are they sleeping with a We recall the words of the Psalmist tleman from Georgia? night light thinking that some enemy of old who wrote: ‘‘How wonderful it is, There was no objection. is going to overrun America and that if how pleasant, for God’s people to live f we do not insist the Pentagon get even together in harmony!’’ O gracious God, more money than they have asked for, from whom all good gifts do come, we MESSAGE FROM THE PRESIDENT it is all over for us? pray that we will represent in our daily A message in writing from the Presi- The average American I know is lives the unity that You gave to us at dent of the United States was commu- much more frightened about the creation and the solidarity we share as nicated to the House by Mr. Edwin progress we have not made on many Your people. Though we differ in our Thomas, one of his secretaries. diseases, and I think they might want manifestations of our knowledge, yet f this $9.5 billion to go to deficit reduc- may we testify also to the shared val- tion. But if it did not go to deficit re- ues that are the legacy of our land and PROVIDING FOR CONSIDERATION duction, I would certainly think if we the faithful heritage of faith and hope OF H.R. 1530, NATIONAL DEFENSE insisted it had to be spent some way, and love that is Your gift to every per- AUTHORIZATION ACT FOR FIS- many people I know would much prefer son. Bless us this day and every day, CAL YEAR 1996 it be spent trying to find some answers we pray. Amen. Mr. SOLOMON. Mr. Speaker, by di- to diseases that their families have suf- f rection of the Committee on Rules, I fered from that have been suffering call up House Resolution 164 and ask from cutbacks in funding rather than THE JOURNAL for its immediate consideration. insisting that we give a bunch of weap- The SPEAKER pro tempore. The The Clerk read the resolution, as fol- ons systems that people do not want Chair has examined the Journal of the lows: and do not even know where we would last day’s proceedings and announces H. RES. 164 use them. to the House his approval thereof. This money could be used to clean up Resolved, That at any time after the adop- Pursuant to clause 1, rule I, the Jour- tion of this resolution the Speaker may, pur- 380 Superfund sites. We have been cut- nal stands approved. suant to clause 1(b) of rule XXIII, declare the ting the funding for cleaning up envi- f House resolved into the Committee of the ronmental Superfund sites. Again, I Whole House on the state of the Union for think many Americans would much PLEDGE OF ALLEGIANCE consideration of the bill (H.R. 1530) to au- thorize appropriations for fiscal year 1996 for prefer to see Superfund sites cleaned up The SPEAKER pro tempore. Will the because they are much more frightened military activities of the Department of De- gentleman from Georgia [Mr. NOR- of what we have done to the environ- fense, to prescribe military personnel WOOD] come forward and lead the House ment and the fact that we are playing strengths for fiscal year 1996, and for other in the Pledge of Allegiance. purposes. The first reading of the bill shall so fast and loose and pretending like Mr. NORWOOD led the Pledge of Al- be dispensed with. All points of order against this planet is really just in a chapter 11 legiance as follows: consideration of the bill are waived. General closeout sale. A lot of people would debate shall be confined to the bill and the I pledge allegiance to the Flag of the amendments made in order by this resolu- prefer we spent it that way if you are United States of America, and to the Repub- tion and shall not exceed two hours equally going to insist we spend it. There are lic for which it stands, one nation under God, divided and controlled by the chairman and need-based causes over there. indivisible, with liberty and justice for all. When we look at what you could do ranking minority member of the Committee f on National Security. After general debate for breast cancer. Ninety-five million the bill shall be considered for amendment mammograms could be bought for that. PERMISSION FOR SUNDRY COM- under the five-minute rule. You want to know how many mammo- MITTEES AND THEIR SUB- SEC. 2. (a) It shall be in order to consider grams that is? More than we could ever COMMITTEES TO SIT TODAY as an original bill for the purpose of amend- want. But that is a way we could go if DURING 5-MINUTE RULE ment under the five-minute rule the amend- you wanted to do that. Mr. NORWOOD. Mr. Speaker, I ask ment in the nature of a substitute rec- ommended by the Committee on National It would cover child care costs to- unanimous consent that the following Security now printed in the bill. The com- tally for every young children at the committees and their subcommittees mittee amendment in the nature of a sub- highest quality, for 2.5 million children be permitted to sit today while the stitute, as modified by striking section 807, in America. We all know that we are House is meeting in the Committee of and by an amendment printed in part 3 of way short on child care slots. the Whole under the 5-minute rule: the report of the Committee on Rules accom- Mr. Speaker, many things are there Committee on Agriculture; Committee panying this resolution, shall be considered and I must say, we ought to do what is on Banking and Financial Services; as read. All points of order against the com- Committee on Commerce; Committee mittee amendment in the nature of a sub- need based and not protect it the way stitute are waived. this rule is going to protect this added on Economic and Educational Opportu- (b) No amendment to the committee fat to the budget. nities; Committee on Government Re- amendment in the nature of a substitute, as f form and Oversight; Committee on modified, shall be in order except the amend- International Relations; Committee on ments printed in the report of the Commit- RECESS the Judiciary; Committee on Re- tee on Rules accompanying this resolution, sources; and Committee on Transpor- amendments en bloc described in section 3 of The SPEAKER pro tempore. Pursu- tation and Infrastructure. this resolution, and the amendments de- ant to clause 12, rule I, the House will It is my understanding that the mi- scribed in section 4 of this resolution. (c) Except as specified in section 5 of this stand in recess until 12 noon. nority has been consulted and that Accordingly (at 11 o’clock and 14 resolution, each amendment printed in the there is no objection to these requests. report shall be considered only in the order minutes a.m.) the House stood in recess The SPEAKER pro tempore. Is there printed in the report, may be offered only by until 12 noon. objection to the request of the gen- a Member designated in the report, shall be f tleman from Georgia? considered as read, and shall not be subject Mrs. SCHROEDER. Reserving the to a demand for division of the question in b 1200 right to object, Mr. Speaker, I rise not the House or in the Committee of the Whole. to object but only to convey that what Unless otherwise specified in the report, each AFTER RECESS amendment printed in the report shall be de- the gentleman from Georgia said is batable for ten minutes equally divided and The recess having expired, the House correct, that the minority has been controlled by the proponent and an opponent was called to order by the Speaker pro consulted and there are no objections and shall not be subject to amendment (ex- tempore (Mr. WICKER) at 12 noon. to these requests. cept that the chairman or ranking minority June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5765 member of the Committee on National Secu- any amendment made in order by this reso- Except as otherwise specified in the rity each may offer one pro forma amend- lution. rule, the amendments shall be consid- ment for the purpose of further debate on (b) The chairman of the Committee of the ered in the order and the manner speci- any pending amendment). Whole may reduce to not less than five min- (d) All points of order against amendments utes the time for voting by electronic device fied in the report. printed in the report, amendments en bloc on any postponed question that immediately The rule provides that amendments described in section 3 of this resolution, and follows another vote by electronic device printed in part 2 of the report shall be amendments described in section 4 of this without intervening business, provided that debatable for 10 minutes each, equally resolution, are waived. the time for voting by electronic device on divided and controlled by a proponent (e)(1) Consideration of amendments printed the first in any series of questions shall be and an opponent. in subpart A of part 1 of the report of the not less than fifteen minutes. Committee on Rules accompanying this res- (c) The chairman of the Committee of the The amendments shall be considered olution shall begin with an additional period Whole may recognize for consideration of as read and are not subject to amend- of general debate, which shall be confined to any amendment made in order by this reso- ment unless otherwise specified in the the subject of cooperative threat reduction lution out of the order printed but not soon- report, and they are not subject to a with the states of the former Soviet Union er than one hour after the chairman of the demand for a division of the question and shall not exceed thirty minutes equally Committee on National Security or a des- in the House or in the Committee of divided and controlled by the chairman and ignee announces from the floor a request to the Whole. The rule waives all points that effect. ranking minority member of the Committee or order against the amendments print- on National Security. SEC. 6. At the conclusion of consideration (2) Consideration of amendments printed in of the bill for amendment the Committee ed in the report. subpart D of part 1 of the report of the Com- shall rise and report the bill to the House b mittee on Rules accompanying this resolu- with such amendments as may have been 1215 tion shall begin with an additional period of adopted. Any Member may demand a sepa- The rule also provides for an extra 30 general debate, which shall be confined to rate vote in the House on any amendment minutes of general debate on coopera- the subject of ballistic missile defense and adopted in the Committee of the Whole to tive threat reduction with the former the bill or to the committee amendment in shall not exceed sixty minutes equally di- Soviet Union in part 1 of the report, vided and controlled by the chairman and the nature of a substitute, as modified. The ranking minority member of the Committee previous question shall be considered as or- and an extra 60 minutes of general de- on National Security. dered on the bill and amendments there to bate on ballistic missile defense, also SEC. 3. It shall be in order at any time for final passage without intervening motion ex- in part 1. the chairman of the Committee on National cept one motion to recommit with or with- The rule provides that the gentleman Security or his designee to offer amend- out instructions. from Pennsylvania [Mr. CLINGER] may ments en bloc consisting of amendments The SPEAKER pro tempore. The gen- offer a germane modification to his printed in part 2 of the report of the Com- tleman from New York [Mr. SOLOMON] mittee on Rules accompanying this resolu- amendment on acquisition reform, tion not earlier disposed of or germane modi- is recognized for 1 hour. with the concurrence of the gentle- fications of any such amendment. Amend- Mr. SOLOMON. Mr. Speaker, for the woman from Illinois [Mrs. COLLINS]. ments en bloc offered pursuant to this sec- purposes of debate only, I yield 30 min- And I repeat, with the concurrence of tion shall be considered as read (except that utes to the gentleman from Massachu- the gentlewoman from Illinois [Mrs. modifications shall be reported), shall be de- setts [Mr. MOAKLEY], pending which I COLLINS]. batable for twenty minutes equally divided yield myself such time as I might The chairman of the Committee on and controlled by the chairman and ranking consume. During consideration of this National Security or his designee is au- minority member of the Committee on Na- resolution all time yielded is for the tional Security or their designees, shall not thorized to offer amendments en bloc purposes of debate only. consisting of amendments in part 2 of be subject to amendment, and shall not be (Mr. SOLOMON asked and was given subject to a demand for division of the ques- the report or germane modifications tion in the House or in the Committee of the permission to extend his remarks.) thereto. Amendments en bloc shall be Mr. SOLOMON. Mr. Speaker, House Whole. For the purpose of inclusion in such considered as read except that modi- Resolution 164 is a complicated struc- amendments en bloc, an amendment printed fications shall be reported. Amend- tured rule that will permit the House in the form of a motion to strike may be ments en bloc shall not be subject to modified to the form of a germane perfecting to consider H.R. 1530, the national de- amendments en bloc shall be subject to amendment to the text originally proposed fense authorization bill for fiscal year amendment or a division of the ques- to be stricken. The original proponent of an 1996. The rule waives all points of order tion in the House or the Committee of amendment included in such amendments en against the bill and against its consid- the Whole, and they shall be debatable bloc may insert a statement in the Congres- eration, and provides for 2 hours of sional Record immediately before the dis- for 20 minutes. general debate divided equally between position of the amendments en bloc. The rule waives all points of order the chairman and ranking minority SEC. 4. (a) It shall be in order for Rep- against the amendment en bloc. resentative Clinger of Pennsylvania, with members of the Committee on National the concurrence of Representatives Collins Security. The rule authorizes the chairman of of Illinois, to offer the amendment numbered The rule makes in order the Commit- the Committee of the Whole to post- 1 in subpart C of part 1 of the report of the tee on National Security amendment pone consideration of a request for a Committee on Rules in a modified form that in the nature of a substitute as original recorded vote on any amendment and is germane to the form printed in the report. text for amendment purposes. That to reduce to 5 minutes the time for vot- (b) After disposition of all other amend- ing after the first of a series of votes. ments, it shall be in order at any time for text is modified by striking section 807, the chairman of the Committee on National which deals with recoupment of re- The Chairman of the Committee of Security or his designee to offer an amend- search and development costs, and by the Whole is also authorized to recog- ment not printed in the report of the Com- an amendment printed in part 3 of the nize for consideration of any amend- mittee on Rules accompanying this resolu- report on the rule which deals with the ment printed in the report out of the tion to reconcile spending levels reflected in Elk Hills Naval Petroleum Reserve in order in which it is printed, but not the bill with the corresponding level re- California, about which I will have a sooner than, and this is important for flected in a conference report to accompany colloquy with the gentleman from Cali- Members listening, not sooner than 1 a concurrent resolution on the budget for fis- hour after the chairman of the Com- cal year 1996. The amendment shall be con- fornia [Mr. THOMAS] in a few minutes. sidered as read, shall be debatable for ten All points of order against the sub- mittee on National Security or his des- minutes equally divided and controlled by stitute are waived. ignee announces from the floor a re- the chairman and ranking minority member Unless otherwise specified in the quest to that effect. That is so Mem- of the Committee on National Security or rule, the rule makes in order only bers will be properly alerted. their designees, shall not be subject to those amendments that are printed in The rule authorizes the chairman of amendment, and shall not be subject to a de- the report of the Committee on Rules, the Committee on National Security to mand for division of the question in the certain amendments en bloc, and pro offer an amendment not printed in the House or in the Committee of the Whole. SEC. 5. (a) The chairman of the Committee forma amendments offered by the report to reconcile spending levels in of the Whole may postpone until a time dur- chairman and ranking minority mem- the bill with the final defense spending ing further consideration in the Committee bers of the Committee on National Se- level contained in the conference re- of the Whole a request for a recorded vote on curity. port on the budget resolution. H 5766 CONGRESSIONAL RECORD — HOUSE June 13, 1995 This amendment, if offered, shall be hollowed out, and their readiness im- over the most ridiculous fantasy of all, considered as read and shall not be sub- paired, all in the pursuit of so-called star wars, here it is again, and this rule ject to amendment or to demand for a peacekeeping. That does not belong in will protect it to the bitter end. division of the question. This amend- this budget. If there are funds needed, What Republicans are saying is that ment, if offered, shall be debatable for fund it out of the foreign affairs bill or it is OK to cut spending, as long as it 10 minutes, equally divided between some place else, not out of the military is not spending for something they the chairman and ranking minority budget. like, no matter what the Pentagon member of the committee of jurisdic- In short, Mr. Speaker, this bill stops says, no matter what our defense tion. and even reverses the 10-year decline in needs, even the Pentagon says they do And, finally, Mr. Speaker, the rule the national defense budget of this not need this much money to defend provides for one motion to recommit country. the country. with or without instructions. For the first time since fiscal year I urge my colleagues to defeat the This, then, is the rule which will per- 1985, this House will pass a national de- previous question to allow a vote on mit the House to work its will on H.R. fense authorization bill that increases amendments to redirect military 1530. our commitment to providing for the spending toward readiness and away Mr. Speaker, the national defense au- common defense over the previous from star wars and to cut unnecessary thorization bill is the most important year. waste. I reserve the balance of my piece of legislation that comes before Mr. Speaker, I will conclude this por- time. this body in any given year, and espe- tion of the debate by citing a most sig- Mr. Speaker, I yield such time as she cially this year. I say that because of nificant remark made shortly after the may consume to the gentlewoman from my conviction that protecting the ter- Persian Gulf war by the Saudi Arabian California [Ms. HARMAN]. ritory and the vital security interests general who served as his country’s PERSONAL EXPLANATION of the United States of America, what chief liaison officer at General Ms. HARMAN. Mr. Speaker, because the Constitution calls providing for the Schwarzkopf’s headquarters. The Saudi of my son’s graduation from college, I ‘‘common defense,’’ is the preeminent Arabian general said, ‘‘If the world is was necessarily absent for votes on constitutional obligation of the Fed- to have only one superpower, thank Thursday, June 8. eral Government. It is, in fact, the one God it is the United States of Amer- Had I been present, I would have true entitlement program. ica.’’ Believe you me, Mr. Speaker, he voted ‘‘yes’’ on rollcall 362, directing This bill represents the one thing was speaking for more than his own the President to lift the arms embargo that every American in this country, people in Saudi Arabia. He was speak- against Bosnia, and I would have voted regardless of race, creed, age, sex or ing for the entire free world. ‘‘no’’ on rollcall 366, final passage of any other distinction, can expect to re- Mr. Speaker, our country is by des- the American Overseas Interests Act. ceive from the Federal Government. tiny rather than choice the one re- Mr. MOAKLEY. Mr. Speaker, what That is why we formed this Republic of maining superpower in this world. This the gentlewoman neglected to say was States. year we will pass a defense budget that that her son graduated magna cum Mr. Speaker, what a difference an is equal to that obligation. laude from Harvard, so I mean, nobody ‘‘If the world is to have only one su- election makes. Anyone who believes from Massachusetts could deny a re- perpower, thank God it is the United that elections do not make a difference quest like that. should just study this bill. States of America.’’ Mr. Speaker, I reserve the balance of Mr. Speaker, I reserve the balance of When we compare this bill with the my time. my time. administration’s request, we find pro- Mr. SOLOMON. Mr. Speaker, I yield Mr. MOAKLEY. Mr. Speaker, I yield curement is up 11 percent. Research such time as he may consume to my and development are up 5 percent. Op- myself such time as I may consume. Mr. Speaker, no matter what my Re- good friend, the gentleman from Cali- erations and maintenance are up 3 per- publican colleagues may say—this rule fornia [Mr. THOMAS], a classmate of cent. Military construction and family is not fair. mine. We came here together 17 years housing are up 5 percent. And how ter- The bill gives the Pentagon $9.5 bil- ago, and he is a very valuable member ribly important that is when we have lion more than they asked for and the of the Committee on Ways and Means an all-volunteer military, with families rule will keep anyone from changing and a member of the California delega- living in deplorable conditions in our that. tion; I yield this time to him for a col- military today. And instead of a ceiling As far as I am concerned, $9.5 billion loquy. limiting the number of military per- is a lot of money; $9.5 billion could Mr. THOMAS. Mr. Speaker, I thank sonnel, ladies and gentlemen, we find a send 1.6 million children to Head Start. the chairman for entering into a col- floor below which the number of uni- It could put 268,818 new police officers loquy over section 2 of the rule affect- formed personnel on active duty will on the street. It could even go so far as ing the sale of the naval petroleum re- not go. to clean up the Boston Harbor. serve at Elk Hills. We are going to maintain a strong I wonder why Republicans are insist- Is it the chairman’s understanding military preparedness in this country. ing on giving the Pentagon more the new language in the amendment in- To provide for all of these vital in- money than it needs when we are hav- corporated in the bill through this rule creases, yet only increasing this over- ing trouble paying for the things we do regarding settlement regarding the so- all defense bill by a mere 3.8 percent, need? called school lands issue and Califor- we make substantial cutbacks in If my colleagues are truly interested nia’s interest in the naval petroleum nondefense expenditures. in cutting spending, especially unnec- reserve permits California to be fully These have been clogging the defense essary spending, why do they refuse to compensated for its interest in Elk authorization bill in recent years, cre- allow people to cut some of the waste- Hills? ating the appearance that defense ful spending out of this bill? Mr. SOLOMON. Mr. Speaker, will the spending is much higher than it really A number of Members have some gentleman yield? is. We find such things as non-defense very good ideas on how to save a lot of Mr. THOMAS. I yield to the gen- Department of Energy activities money and cut out a lot of unnecessary tleman from New York. charged to the defense budget. They military spending. But under this rule, Mr. SOLOMON. I will say to the gen- are substantially reduced and will be their amendments are not going to be tleman based on my interpretation of reduced further in years to come. allowed to see the light of day. that language, it certainly does. Nondefense funding for environmental I suspect these amendments are Mr. THOMAS. Is the chairman aware restoration is down 12 percent. So- being kept from the floor because, de- of the State’s concern about the called peacekeeping is zeroed out alto- spite the Republican majority, despite amendment’s possible effect on getting gether, at least as far as this defense the cohesion of their party, these fair market value for its interest by budget is concerned. amendments just might pass. giving Federal agencies power to force And, Mr. Speaker, we will not permit Meanwhile, to add insult to injury, the State to take less than, in their our active-duty personnel to be just when you thought we had gotten opinion, fair value for those claims? June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5767 Mr. SOLOMON. I would say to that, So this single rule is welcome major wars. It was 92 cents for every yes. Again, there is no question for the progress toward efficiency as well as dollar that was spent by the Pentagon amendment to preclude or limit the fairness. during the cold war. I would have State of California from pursuing judi- Mr. Speaker, the cold war is over. As guessed that was too high. But we can- cial remedies should an agreement or we have witnessed in the Middle East, not even get to that because of this settlement with the Federal Govern- Bosnia, and Korea, there are still many add-on of $9.5 billion. ment not be arrived at in this matter. actual and potential regional conflicts I have got to say what are we doing And as the gentleman knows, Mr. Dan that could easily threaten the United here as we are standing here cutting Lundgren is another former classmate States and individual members of our school lunches, student loans, all these of ours who came here with us, and in military forces. Our readiness must not other things and saying for every other his position in the California govern- be allowed to deteriorate to the mini- Department of Government we are ment, I think you can be assured there mum acceptable level. looking at the fat, we are trimming will be a reasonable settlement out of In this uncertain world, we still need what is in there, but for the Defense this. Do you not think so? deterrence and we still need to be able Department it is going to be different. Mr. THOMAS. I believe the attorney to handle any threat to our security. Not only are we not going to look at general of California feels comforted by Our military, for now, I think, has dis- what they requested, we are going to the chairman’s statement that there is tinguished itself once again in a great give them even more than they re- no intention to preclude a judicial rem- way. We certainly have proven that we quested. It used to be we gave them ev- edy if we cannot reach agreement. I am give the best training and the best erything they wanted. Now we are giv- perfectly satisfied we will reach agree- equipment to our troops, and that it is ing them all sorts of things they do not ment. justified. It is also true, I might add, even want. But it is a comfort for the chairman we have an obligation not to misuse Now figure that out at a time when to indicate that is his interpretation of our military for nonmilitary purposes. we are spending more money for de- the rule. Haiti comes to mind in that vein. fense than the rest of the world. This I thank the chairman for the col- Having said that, it is evident the ad- makes no sense. Defeat this rule. loquy. ministration, sadly, has been cutting Mr. Speaker, the chairman of the House Na- Mr. SOLOMON. Again, the people of back our Armed Forces too quickly and tional Security Committee, in his statement in the State of California ought to be not enough thought given to the im- the May 18 CONGRESSIONAL RECORD, said that proud of the gentleman for standing up pact that specific cuts would have on while other departments are expected to put for their interests. our security. Once again, I commend their fiscal houses in order, the Department of Mr. Speaker, I yield 21⁄2 minutes to the Committee on National Security Defense does not because ``Defense is dif- the gentleman from Sanibel, FL [Mr. for bringing forward this bill, and I ferent.'' GOSS], a very distinguished member of urge passage of this rule for its fair Defense has been deemed so different by the Committee on Rules. consideration of the bill. the House National Security Committee that (Mr. GOSS asked and was given per- not only does it not have to face painful cuts, b mission to revise and extend his re- 1230 they get an unrequested increase of $9.5 bil- marks.) Thinking of the remarkable exploits lion, an increase that largely pays for Mr. GOSS. Mr. Speaker, I thank my and successful saga of Scott O’Grady unrequested weapons systems. It takes us off distinguished friend from Glens Falls, and his rescuers, can any Member do the so-called procurement holiday and puts on NY, the distinguished chairman of the less than support this bill? a procurement splurge. This bill adds $553 Committee on Rules. Mr. MOAKLEY. Mr. Speaker, I yield million for two unrequested B±2 bombers, Mr. Speaker, like the chairman I be- 2 minutes to the gentlewoman from $550 million in unrequested funds for the lieve it is imperative, absolutely im- Colorado [Mrs. SCHROEDER]. Seawolf submarine, $160 million for eight perative, that we maintain the strong- Mrs. SCHROEDER. Mr. Speaker, I unrequested AV±8B Harriers, an unrequested est, best equipped, most professional thank the gentleman for yielding this sum of $974 million for an amphibious trans- military in the world. time to me, and I must say I stand in port dock ship. This is just the beginning. I The world is counting on us to do it. absolute opposition to this rule. I find could keep going, but I would run out of time I am pleased this rule makes in order this rule very, very offensive. Three before I ran out of adds. a defense authorization bill that will quarters of the cutting amendments I had hoped to offer an amendment elimi- help to strengthen our national secu- that we wanted to offer have not been nating the $9.5 billion increase to return the rity by restoring funding in several allowed. spending level to the level requested by the vital areas and focusing on our true Now, for someone to say, ‘‘Oh, yeah, Pentagon. I assume the generals over at the priorities in others. but we’re giving you one rule rather Pentagon know what they need. However, my This rule makes in order some 56 than multiple rules,’’ hey, I will take amendment was denied. amendments from both sides of the multiple any day if it allows a real de- This unrequested increase is a lot of money, aisle, 56 amendments. I am confident bate on these issues, and the reason $9.5 billion can buy a lot in the civilian world. that there will be full and open debate that this is so distracting is what we It can buy things that make a real difference on such important issues as to whether are doing in this rule, if this rule in peoples lives. It could clean up 380 or not to fund more B–2 bombers, the passes, is we are hermetically sealing Superfund sites, pay for Pell grants for 4 mil- status of aid to Russia, missile defense in $9.5 billion that the Pentagon does lion needy students, cover prenatal and strategy, procurement reform, things not want, that the President does not postpartum care for 2.4 million uninsured we are talking about in America. want and that the Senate does not pregnant women. It could pay for 95 million While the minority may find fault think is needed. But somehow, because mammograms and double biomedical re- with a specific amendment made in the House committee thinks it is need- search at NIH. It could cover child care costs order or lack thereof, perhaps, Mem- ed, we are going to seal it in so the peo- for 2.5 million children under 5 for a year, and bers should be aware this Committee ple like myself, senior members of the feed 11.6 million hungry people in the United on Rules has continued the tradition of committee, cannot even offer an States one nutritious meal a day for 1 year. If reviewing and allowing numerous amendment to take it back down to you don't think those are wise investments, amendments to the DOD bill on a bi- the level every other reasonable group then it could be block granted to the States at partisan basis. National security is not seems to think is adequate. a level of $190 million for each of the 50 partisan matter. Now this is not what the Pentagon States, or returned to the Treasury for deficit One tradition we have not followed, wants. What we are doing is force feed- reduction. however, in the Committee on Rules is ing the Pentagon money they have not In light of the budget cuts domestic pro- the practice of granting multiple rules asked for. It seems to me that at a grams will be taking to balance the budget, it for the consideration of this bill. Last time when we are trying to balance the is impossible to justify this $9.5 billion in- year we needed two rules. The year be- budget we ought to be looking at need- crease. We are still spending 92 cents for fore, it took four rules to complete the based concerns. The Pentagon came up every dollar we spent during the cold war, and DOD bill. with a need-based budget based on two the threats we face loom nowhere as large. In H 5768 CONGRESSIONAL RECORD — HOUSE June 13, 1995 fact, we are spending more on our defense Federal Government, the largest gen- My colleagues know to look now at than our NATO allies, Russia, and Japan com- eral fund discretionary expenditure of what has happened. We look at Desert bined. I find it blatantly inconsistent that the the Federal Government, under a re- Storm, where we had the fewest casual- majority, who is so strongly dedicated to bal- strictive rule we have got to ask what ties possible. Why? It is because we had ancing the budget, has carved out the defense is the majority afraid of, why is it that the highest technology, the state-of- budget as their sacred cow, and has refused they do not want to have the free the-art equipment, equipment that al- to allow it to be questioned. The Democratic interplay of the legislative process lowed us to see the enemy—they could process is based on questions and chal- here on the floor of the House of Rep- not see us. lenges. In this case the process has been resentatives? What is it they are trying Mr. Speaker, if we are going to put subverted. The $9.5 billion increase in this bill to protect? other men and women into combat and is unjustifiable. This is not the Pentagon's in- Well, Mr. Speaker, I say to my col- into harm’s way, we better give them crease; it is the committee's. Cuts to the fund- leagues, you heard earlier from Mrs. the very best. We have an all-volunteer ing level of H.R. 1530 are substantive amend- SCHROEDER from Colorado, and you’ll military. One of the proudest, proudest ments and should have been allowed. I urge hear later from others, there are a jobs one could have in America today my colleagues to oppose the rule. number of things they want to protect. is serving in our military, and then we Mr. MOAKLEY. Mr. Speaker, I yield They want to protect the procurement hear these things called toys? Stinger 2 minutes to the gentleman from Colo- process at the Pentagon. You know, it aircraft missiles, multiples launch rado [Mr. SKAGGS]. came out that they lost $15 billion in rocket systems, Hellfire antitank mis- Mr. SKAGGS. Mr. Speaker, I thank the procurement process over the last siles, AV–8 Harriers—excuse me for the gentleman for yielding this time to 10 years which they can’t account for— getting so excited, but, as my col- me. simple bookkeeping errors. Do you Mr. Speaker, I oppose this rule, and I leagues know, when I hear advanced think there is any other segment of the technology called toys I just get oppose it because it makes it impos- Federal Government where, if there sible for the House even to consider re- burned up. was a $15 billion scandal, that we We are going to provide an adequate versing a serious mistake made by the wouldn’t be in full cry on the floor of Committee on Natural Security. That military for our military personnel, the House, amendment after amend- and that is exactly what this bill does. mistake was to reduce the authoriza- ment, hearings, special investigations, tion for the Energy Department’s envi- Mr. Speaker, I yield such time as she special committees? But hey, the Pen- ronmental management programs by may consume to the gentlewoman from tagon just lost $15 billion. So they almost three quarters of a billion dol- Utah [Mrs. WALDHOLTZ], a very valu- can’t account for it—minor clerical lars and to add that money into missile able member of the Committee on error—and there will be no substantive defenses, the Star Wars Programs. Rules. amendments to overhaul the procure- Those priorities are exactly wrong. Mrs. WALDHOLTZ. Mr. Speaker, I Mr. Speaker, as we might say to our ment process at the Pentagon in this bill. They will not be allowed for under rise in strong support of the rule. This kids, ‘‘We need to clean up our room is a critical issue for us to consider. As before we use our allowance to buy new this rule. Then there is the little item of the defense spending has steadily declined toys.’’ over the last decade, we were able to Through its environmental manage- Office of Support Aircraft. In a GAO re- port that Senator GRASSLEY and I ob- maintain the world’s premiere fighting ment programs, the Department of En- force by spending our defense dollars ergy carries out the work of cleaning tained it says that we are probably 50 more wisely. However, in the last cou- up places like Rocky Flats site, in my to 75 percent overbuilt for administra- ple of years we have seen numerous in- district, and other sites around the tive support aircraft; that is, we are at dicators that our military readiness is country, facilities where America de- such a point where every one-star gen- dangerously on the decline and our veloped and built the nuclear weapons eral at the Pentagon, every deputy jun- military personnel are suffering in pay, that helped us win the cold war. Those ior assistant secretary, is taking a hel- in housing, in training. This bill is a cleanup costs are part of the cost of icopter to go to Andrews Air Force step toward reversing that troubling that victory. They have to be paid. And base to get on their private jet planes trend. while the possible benefits of increased and fly off to routine meetings at ex- spending beyond what the Defense De- traordinary costs to the Federal tax- This rule provides for fair consider- partment has asked for on star wars payers. The estimates of GAO say we ation of a critical issue. Because of the are highly speculative, there is abso- could save $200 million a year from this scope and importance of this issue, we lutely nothing speculative about the account and meet the legitimate de- could debate the defense bill until the benefits in health and safety that we fense and military requirements of this end of the year, and there are undoubt- will gain by expending these necessary country. We spent $275,000 to send the edly some who would like to. Our rule funds for cleaning up Rocky Flats and Air Force Cadets to Hawaii. That is a allows amendments on a wide variety the other weapon sites. scandal. of important issues that are of interest The gentleman from Illinois [Mr. Mr. SOLOMON. Mr. Speaker, I yield to members. EVANS] and myself each offered an myself such time as I may consume. This rule is a fair attempt to allow amendment that we asked to be made Mr. Speaker, I have heard the last members to air their differences and at in order under this rule; neither was. two speakers talk about toys that we the same time allow us to move for- Mine would have restored all the are going to give to our military, and ward in determining the future of our money; his would have restored a there is nothing, I guess, that aggra- national defense. vates me more. major part of it. But neither was made Mr. Speaker, I urge my colleagues to As my colleagues know, back in 1979, in order. So, this House will have no support this rule. when we had allowed our military to go opportunity to decide whether or not Mr. MOAKLEY. Mr. Speaker, I yield 1 to hell, soldiers were on food stamps cleaning up this mess created over 3 ⁄2 4 minutes to the gentlewoman from Or- decades ought not to come first. with their families. It was a disgrace in egon [Ms. FURSE]. As a result, with this restrictive rule this Nation what we had done to them. we will be denied the opportunity to This Congress had allowed the military Ms. FURSE. Mr. Speaker, it is time debate and have the will of the House preparedness of this country to disinte- to stop behaving like a herd of os- done on this issue. I have no choice grate. And we had hostages being held triches. Let us get our heads out of the under these circumstances but to op- in a place called Iran, and we tried to sand. pose this unfair, unwise, and restric- rescue those hostages. At that time our I had a simple amendment. It would tive rule, and I urge my colleagues, as equipment was in such bad condition mean that we would stop buying C–17’s well, to vote ‘‘no.’’ we had to cannibalize 14 helicopter until the Pentagon had come forth Mr. MOAKLEY. Mr. Speaker, I yield gunships just to get 5 that would, per- with its report in November and until 2 minutes to the gentleman from Or- haps, work. Three of the five failed, that report has been analyzed. That is egon [Mr. DEFAZIO]. and so did the mission, and we never a very commonsense amendment, but Mr. DEFAZIO. Mr. Speaker, in bring- did bring those hostages out with a res- my amendment was denied. Congress ing forward the largest budget of the cue attempt. cannot even get to discuss this issue. June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5769 Now I believe that the C–17 is a significant debate on the critical issues answer every question dealing with goldplated turkey whose wings are bro- of our time. this extraordinary shortcoming to the ken. I believe that it is a lemon, and I But it seems to me this is the one members of the Committee on Rules. believe that we could look at its his- place where we all should always come Yet, in spite of that testimony, we find tory and learn something. together, without difference, and that this matter coming before the Congress In 1985 we were told that this plane is that the process by which we engage in this bill without hearings, without would carry 86 tons 2,400 miles with no in these substantive discussions and markup, and without the involvement refueling. Well, that payload has been substantive debates be characterized as of other committees of relevant juris- reduced four times. We were told it a process that embraces the principles diction. would be ready by September 1992. But of fairness, openness, dignity, and in- Mr. Speaker, that is why we are in fact there will not be flight testing tegrity. being paid. That is why we were elect- completed until 1995, this year. We I am chagrined at the fact that I ed. That is why this process was set up. were promised no significant recalls, must rise this afternoon, Mr. Speaker, To short circuit it in the interests of yet in 1991, Mr. Speaker, it went back suggesting to you that the rule that time or for some reason to exploit an to the shop to fix fuel leaks. In 1992, governs the DOD authorization bill for opportunity, denying the Members went back because the wings had prob- fiscal year 1996 does not meet that test. their responsibility to carry out their lems. The slats melted, the wings buck- For those reasons, I must rise in oppo- fiduciary responsibilities with respect led. In 1993, went back because the sition to the rule proposed to govern to their duties as Members of Congress, main landing gear collapsed. debate on H.R. 1530. It is not fair. It it seems to me is incredibly short- If this was an automobile, the C–17 does not serve well the legislative proc- sighted. would be a lemon no one would waste ess. That is why we are here, to engage Many Members who felt compelled to their money on, and yet the taxpayers in a deliberative process to arrive at remedy the deficiencies that are in the are being asked to pony up another $2.6 substantive policy conclusions that af- acquisition reform bill by virtue of the billion this year. fect the lives of millions of Americans fact that the process was short- And although the C–17 has had all and people throughout the world. circuited have been denied that oppor- these problems, what happened to the It excludes important issues from the tunity to attempt to refine and address price sticker? Well, in 1989 we were told debate, and it makes in order an the misgivings and shortcomings that it would cost $199 million each, but in amendment that addresses major is- they perceived because the Committee 1995 the price is $563 million each. If sues which need to be worked on by on Rules chose not to provide them this were an automobile, consumers several committees, but instead they that opportunity. So they lost on both would be filing complaints with the were not worked on by several commit- counts. The process did not allow them Federal Trade Commission. tees. It ignores a lengthy history of al- to be involved and the rule that we are lowing for significant debate on this b 1245 debating and discussing at this mo- important annual legislation, and it ment does not give them the oppor- Yet, we are not even allowed to dis- does not return the fair play that I be- tunity to engage the process a second cuss this issue on the floor of the lieve this gentleman brought when I time. House of Representatives, the people’s sat as chair in the last Congress to the Efforts to restore environmental House. debate of national security policy. management funds to the Department I wanted to remind Members, it is Previous rules have successfully per- of Energy, to provide impact aid, to not they who are paying for the C–17, it mitted expedited and fair consideration provide educational funds to local com- is the U.S. taxpayer, and they deserve of the defense authorization bill, one of munities, were not made in order, be- to know what it is they are buying. the most important and expensive ele- cause the Committee on Rules consid- Why is there this congressional wall ments of our national undertakings, ered them as amendments to cut funds of silence? Four independent reports Mr. Speaker. Few enough amendments from the ballistic missile defense pro- have shown we get a better airlift if we were filed this year in this gentleman’s gram. mix C–17’s and 747’s or C–5’s. That mix, opinion to allow the Committee on we are told by four independent re- Rules to make additional relevant, im- Mr. Speaker, this Catch-22 requires ports, would save $15 billion of the tax- portant amendments in order. This Members to provide offsets for amend- payers’ money. would provide for a better debate, one ments that have dollar costs associated No one would buy a car without read- well within the time-frame envisioned with them. That is the rule. That is the ing the Consumer Reports. No one by the majority leadership. name of the game. Yet when they pro- would buy a car where the features get We should not, Mr. Speaker, become vided such offsets, their amendments axed and the price goes up. Members of captives of time. We have time to de- were, in this gentleman’s opinion, un- Congress should be as thrifty as their bate these matters. What more impor- fairly considered to be interchangeable constituents are. Why aren’t they? tant issue could we ever discuss than with amendments that sought as a What is the deal here? the national security of this Nation? matter of policy to reduce ballistic It is time to stop wasting defense dol- We should provide adequate, ample missile defense funding. lars. It is time the taxpayer gets an ac- time to engage in that process sub- I also testified specifically on this counting. No more expensive lemons. stantively. matter. I urged the members of the Let us get the airlift we need at the Mr. Speaker, whether in personal Committee on Rules to place those two price we can afford. Let us defeat this matters, weapons procurement, re- amendments in the policy context that rule. Let us give the American tax- search and development, foreign policy they were attempting to raise, that payer their money’s worth. initiatives, or acquisition reform, the these were not ballistic missile defense Mr. MOAKLEY. Mr. Speaker, I yield failure to initiate full-fledged even- amendments that should indeed be 7 minutes to the gentleman from Cali- handed inquires and the public solicita- played off against each other. Yet my fornia [Mr. DELLUMS], the ranking tion of the views of outside experts admonishment, my cautiousness and member of the Committee on National constitutes, in this gentleman’s hum- my thought processes were laid on the Security. ble opinion, a real legislative short- table as these amendments were denied Mr. DELLUMS. Mr. Speaker, I thank coming. the opportunity to be debated in the the gentleman for yielding. Acquisition reform is just one major full light of day. Other important pol- Mr. Speaker, as I have said on more area in which such procedural short- icy amendments were also not made in than one occasion here, I both under- coming initiate substantive programs, order. stand and respect the fact that all of us in the bill or by amendment, with sig- Finally, Mr. Speaker, amendments come here with different perspectives, nificant potential unintended con- were offered that sought to reduce the different points of view, different phi- sequences, and all without meaningful authorization level proposed in the losophies, different values, and dif- legislative deliberations. I testified at Committee on National Security re- ferent politics at the end of the day, some length on this matter before the port, H.R. 1530. As you know, the com- and that we engage in a relevant and Committee on Rules. I was prepared to mittee placed roughly $10 billion in H 5770 CONGRESSIONAL RECORD — HOUSE June 13, 1995 budget authority above what the Presi- (Mr. DREIER asked and was given b 1300 dent requested. The budget resolution permission to revise and extend his re- I think that is normal procedure for allowed that ceiling. But I would argue marks.) reserving your right to bring an that the House should have the right in Mr. DREIER. Mr. Speaker, I thank amendment to the floor. the context of this debate to reduce my friend for yielding me this time. What I would like to ask you is, total authorizations in the light of the could you explain to me why, and I types of programs the Committee on Mr. Speaker, I rise in strong support of this rule. Fairness, openness, dig- think other Members of Congress may National Security bought with the have this same question, for a member budget resolution’s increased funding. nity, and integrity are exactly what this rule offers, as was raised by my who follows normal procedure in re- That is all right. We are the authoriza- serving the right to bring it to the tion committee. It is one thing in the friend from Oakland, the distinguished ranking minority member of the Com- floor, why this amendment was not context of the budget resolution. But it considered in the rule? seems to me it is only proper, only fair, mittee on National Security. It seems to me as the gentleman from New Mr. SOLOMON. Mr. Speaker, will the only intellectually honest and politi- gentleman yield? York, [Mr. SOLOMON] just enumerated, cally appropriate to allow a Member of Mr. BROWDER. I yield to the gen- virtually every single proposal is being Congress to come to this floor and say tleman from New York. now that you have engaged in consider- considered in this legislation. With Mr. SOLOMON. Mr. Speaker, let me ation and deliberation on this bill, I nearly 200 amendments submit to the say to my good friend, I would like to have the right or someone would have Committee on Rules, some decisions make every amendment in order that the right to offer an amendment to re- had to be made. I believe that using is not duplicative so that every Mem- duce that level, now that they know those guides of fairness and openness, ber can work their will. the purposes to which you put the we have successfully done that with As the gentleman knows, we are lim- funds. But the Committee on Rules this rule. I would like to say I believe ited with a window of opportunity. We chose not to provide that. I do not un- we are clearly on track here. could only make so many amendments derstand the principle upon which that I think as we look at our challenge of in order. I will say this for the gen- decision rests, Mr. Speaker. trying to deal with the national secu- tleman: His Democrat leadership did In conclusion, an informed and thor- rity of this country, as we have faced include his amendment on a second tier ough debate should assure the Amer- as the gentleman from New York [Mr. of amendments they would like to have ican people that all of the issues that SOLOMON] has raised on several occa- had made in order. We made almost all affect our national security might fully sions the fact that Captain Scott of the first tier amendments in order. be considered and decided in the full O’Grady was shot down and the chal- There is no more time to add more light of day. I do not believe that the lenges that we look at there, and, of amendments to it. proposed rule, as I said earlier, course, nuclear expansion throughout It is not just the gentleman. I have a achieves that goal. For that reason, the world, this bill is a measure which Member, the gentleman from Wiscon- Mr. Speaker, I urge my colleagues to is very positive in addressing it. sin, Mr. KLUG, who will not even speak reject this rule. It seems to me that as we look at one to me now from our side of the aisle be- Mr. SOLOMON. Mr. Speaker, I yield of the very important items that di- cause his amendment was not made in myself such time as I may consume. rectly impacts my State, the Federal order. We tried to be as fair as we Mr. Speaker, if I can have the atten- Government is making a right decision could. tion of the ranking member just brief- in selling off the naval petroleum re- Mr. BROWDER. Mr. Speaker, I thank ly, I was so surprised to hear my serve at Elk Hills, and also recognizing the gentleman for his efforts but this friend, and he is my friend, rise in op- that for nearly a century and a half, is, I think, an important amendment. position to the rule. At the gentle- the State of California has had a very We have people in military housing, man’s request, I specifically declined modest claim on part of that, and I family housing that is falling apart. I to write into this rule a time limit on hope that we will be able to work out think we should have done it. The the bill which might preclude Members a satisfactory compromise on that with Army, I think, has gagged this amend- from having time to offer their amend- the amendment that has been brought ment from coming forward. I think this ments. Every single amendment made forward. is an insult to the American taxpayer, in order is going to be debated on this and it is an insult to the American floor. There is no king-of-the-hill pro- I thank my friend for yielding and military families who are in this hous- vision giving the majority an edge, strongly support this rule. ing. which other parties have had in years Mr. MOAKLEY. Mr. Speaker, I yield Mr. SOLOMON. Mr. Speaker, just to past as the gentleman knows. This 21⁄2 minutes to the gentleman from Ala- answer the gentleman, we are provid- Committee on Rules under Republican bama [Mr. BROWDER]. ing for an additional 5 percent, that is leadership will not have a king-of-the- Mr. BROWDER. Mr. Speaker, I appre- a huge increase, in construction and hill provision. That is a provision ciate the gentleman yielding. housing for our military. It is some- whereby an amendment can pass with thing that is so badly needed. We are Mr. Speaker, I would like to engage 240 votes, yet be knocked out by one taking care of it in this bill. my friend, the distinguished gentleman that has only 218 votes. No more of Mr. Speaker, [Mr. LINDER], another from New York [Mr. SOLOMON], in a that. Everything is a fair fight. valuable member of the Committee on Last, amendments are made in order colloquy. Rules. on every single major issue, whether it Mr. Chairman, I had a relatively Mr. LINDER. Mr. Speaker, it was not is the Nunn-Lugar cooperative threat minor amendment which attempted to very long ago, 1981, when Ronald reduction, whether it is the ballistic delete $17 million for the Army to build Reagan became President of the United missile defense, whether it is burden a 49th museum in the monument cor- States and inherited a military where sharing, whether it is the tritium ridor here in Washington, DC, and di- one-third of our planes could not fly for issue, whether it is abortion, all of rect that to family housing. The gen- lack of spare parts, one-third of our these issues are singled out. The B–2 tleman talked about the family hous- ships were in dry dock. bomber, that is in there. ing, and it has been testified before our Our soldiers were practicing with So I just call that to the Member’s committee, on which I sit, that this is pretend bullets, as the chairman of the attention. This is truly a fair rule. I a crisis. I wanted to redirect this $17 Committee on rules stated. Troops just wanted to let the gentleman know million to family housing. I thought were on food stamps. Over the next 8 we are still trying to be fair. that was a pretty good idea. I spoke in years of buildup and fleshing out, we Mr. Speaker, I yield 11⁄2 minutes to subcommittee and full committee ask- won the cold war. But the fact of the the gentleman from Claremont, CA ing for the right that I place my matter is, our military has been declin- [Mr. DREIER], the vice chairman of the amendment on the floor, and both sub- ing in real terms since 1985. Though ad- Committee on Rules, and a very valu- committee and committee chairman justed for inflation, we are not much able Member of this body. expressed an understanding to that. further ahead in spending than we were June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5771 in 1941, and it is time to build back up choose from. In some cases, important bill. Yes, it is funded at $267 billion. again. It is time to get our troops off issues will be debated for 20 minutes; in And no, the Schroeder amendment was food stamps, to get them into good some cases, 40 minutes. But we will be not allowed because we all know that housing. indeed extremely restricted. we are in very, very delicate negotia- This bill is an effort to do that. The The Republican party has decided to tions with the Senate right now over rule under which it will be debated is a begin increasing military spending at the total budget for this Government. fair rule. We will have opportunities to the expense of health research and We have already voted on the level of debate most of the substantive issues Medicare and Head Start and other spending in the budget that passed this that come before us. There will be plen- programs, and we will not allow a seri- House and consequently, we do not ty of time to have the discussions ous discussion. This is not a rule want to do anything that is going to heard. brought forward by Members who want interrupt those negotiations with the Sure, some amendments did not a lot of attention to what they are Senate. make it. That happens in virtually doing. This is a rule that says, We are I think it is extremely important every bill that comes to the floor. Even going to increase military spending that we keep this bill at that level of under some open rules, if there is a significantly, far more than it seems to spending. time frame, they do not make it. me needed, and we will have very re- Mr. Speaker, I yield 3 minutes to my This is a fair rule, it deserves to be stricted debate. good friend, the gentleman from Evans, supported by the entire body, and I The notion that efforts to bring the GA [Mr. NORWOOD]. He is a new Mem- strongly support the rule and urge my authorization level down to what the ber of this body, and we sure are glad colleagues to do also. President proposed will not be allowed to have him here. Mr. MOAKLEY. Mr. Speaker, I yield is outrageous. The chairman of the Mr. NORWOOD. Mr. Speaker, I par- 3 minutes to the gentleman from Mas- Committee on rules said, Well, we did ticularly thank the chairman because sachusetts, [Mr. FRANK], a very vocal not do this and we did not do that. I he knows, as I know, I am not on the member of the Massachusetts delega- suppose if you were on trial and you Committee on Rules nor am I on the tion. were going to be sentenced for some Committee on National Security, but I Mr. FRANK of Massachusetts. Mr. crime, you could plead all the crimes am also interested in defense. I do not Speaker, I thank the former chairman you did not commit. I do not think think you have to be a rocket scientist of the Committee on Rules for whose that would be very persuasive. to know that over the last few years regime I have become increasingly nos- Frankly, I would rather have some of this country has weakened our defenses talgic. It is hard to be vocal when one these issues up, whether it was king of considerably, and I would like to see us is gagged. the hill or king of the mountain or strengthen them. This rule will provide for the least queen of the May. We could vote on In addition to strengthening them, I adequate discussion of a defense au- them. The gentleman said, We will not wanted to make sure that we do so and thorization bill in the 15 years I have vote on them at all. We have got noth- keep ourselves out of war. I have par- been in Congress. There has not, in my ing. The gentleman has made a moun- ticipated in one war, and a strong na- time here, been a rule which so se- tain into a molehill. A hill would look tional defense is the certain way to verely limited Members’ ability to dis- pretty good to us right now. The single make certain that my children and cuss things. most important issue we have got, and grandchildren do not have to partici- Efforts by Members on our side to re- it is the most restricted rule I can pate in that. duce the overall authorization to the imagine. Now, Mr. Speaker, this rule is more President’s number were simply arbi- Mr. SOLOMON. Mr. Speaker, I yield than fair to all sides. With the scope trarily canceled. They were ruled out myself such time as I may consume. and breadth of this bill, I think it of order. The chairman said, We tried Let me just say to the gentleman would be impossible for us to move for- hard. They tried hard, having first who just spoke, who said that we will ward in shoring up our weakened de- made it clear that they could not suc- not be doing anything on Friday. On fenses and the low level of readiness ceed. Friday we will be taking up the mili- without such a structured rule and de- We are in session 3 days this week. tary construction appropriations bill. bate. Apparently, under the Republican cal- That is a very, very important piece of In reviewing the rule, it is obvious endar, we only have this week for the legislation. In trying to be family that all points of view from hawk to defense bill. We did nothing on Mon- friendly with so many requests from dove will be represented and will be day. We will do nothing on Friday. your side of the aisle, we are going to given ample time and opportunity to To cram the entire defense authoriza- try to get out of here by 2 p.m. on Fri- be heard. tion bill, $270 billion, the biggest single day. And once they are heard we will vote, discretionary item, into 3 days, with Mr. FRANK of Massachusetts. Mr. and then we are going to move forward. general debate, with the rule, when you Speaker, will the gentleman yield? This bill is too important to bog then have 2 days in which we do noth- Mr. SOLOMON. I yield to the gen- down in petty disagreements. We need ing, why were we not meeting on Mon- tleman from Massachusetts. this bill to better protect our soldiers day or Friday? Why under this new, Mr. FRANK of Massachusetts. Mr. in the field and to keep our techno- hard-working Republican regime would Speaker, in this case I would put being logical edge in a very dangerous world. we not be dealing with this bill? We taxpayer friendly ahead of being family Yes, we have won the cold war. Now, have a Tuesday, Wednesday, Thursday friendly. I think our families would not because we have won that war, we are setting. mind if we debated some serious issues given a much more unstable world, The Seawolf issue will not be coming about defense and you let us talk about which requires us to be just as vigilant, up. Burden sharing is up. But burden cutting $9 billion back to the Presi- just as prepared, and just as willing to sharing in the past has had three or dent’s level. be the world’s leader. four different versions that Members Mr. SOLOMON. Mr. Speaker, I was Later in debate on this bill, I will could choose among. The gentleman just going to look up the gentleman’s outline the importance of resuming from Texas, Mr. BRYANT, had a much rating by the National Taxpayers tritium production to our Nation’s de- more forceful one that I was prepared Union as being one of the big spenders. fense and the upkeep of our nuclear ar- to support in addition to my own. It is Mr. FRANK of Massachusetts. Mr. senal that has helped keep the world in not allowed. The Committee on rules Speaker, if the gentleman will con- peace over the last 50 years. simply has restricted discussion of tinue to yield, that is because they This defense authorization is a step these issues more than they have ever never counted military spending. in the right direction that takes into been. Mr. SOLOMON. Mr. Speaker, I will account our more than $5 trillion We will not be talking about the sin- submit that for the RECORD in due worth of debt. Do I wish we could go gle biggest item in the discretionary time. further? Yes, I do. Do I wish we could budget. We will not be talking about Let me comment briefly on the state- go further? Indeed, I certainly do. Do I Seawolf. We will have one version to ment about the overall funding for this think this rule is fair? Yes, I do. Am I H 5772 CONGRESSIONAL RECORD — HOUSE June 13, 1995 going to vote for this rule? Yes, I am. on the House floor will not allow us to money, and the Congress gives them And I do encourage my colleagues to do debate this. more. the same. Mr. Speaker, I oppose this restrictive Mr. Speaker, I believe that the over- Mr. MOAKLEY. Mr. Speaker, I yield rule. all spending in this bill is much higher such time as he may consume to the b 1315 than needed for an adequate national gentleman from Missouri [Mr. VOLK- defense posture. Unfortunately, the MER]. Mr. SOLOMON. Mr. Speaker, I yield rule we are considering does not allow (Mr. VOLKMER asked and was given myself such time as I may consume. many of us to express this concern. permission to revise and extend his re- Mr. Speaker, as everyone knows, there To raise defense spending for ques- marks.) is a memorial service for our departed tionable reasons, when no such spend- Mr. VOLKMER. Mr. Speaker, I rise in colleague, Les Aspin. We are trying to ing increases are necessary, is not the strong opposition to this very das- hold down our time here. I will be sum- right thing to do. It is simply incon- tardly gag rule. ming up for the majority, and we will sistent to ask Americans to set prior- Mr. MOAKLEY. Mr. Speaker, I yield not have any further speakers, but in ities, then increase military spending, 1 minute to the gentleman from Texas order for the buses to leave on time, despite lower requests from the admin- [Mr. EDWARDS]. and we have 2 votes coming, we are istration and the Pentagon. The Clin- Mr. EDWARDS. Mr. Speaker, this going to try to expedite it. I just want- ton administration is not cutting de- rule is unfair to the children of mili- ed that side to know that. fense. Instead, it is meeting requests of tary families. Let me repeat that: This Mr. MOAKLEY. Mr. Speaker, if the the Pentagon. rule is unfair to the children of mili- gentleman will yield, I would ask the Mr. Speaker, the Department of De- tary families. For some reason, the Re- gentleman, are we going to have the fense has done some good things, very publican leadership decided to prohibit votes before we leave? an amendment that I had authored Mr. SOLOMON. That is up to you, good things, in the last year: our that would fully fund the impact aid sir. peacekeeping operations in Rwanda program. The impact aid program is Mr. MOAKLEY. I am glad I have and Haiti; its excellent work at Guan- that program that provides education some decision around here. tanamo Bay with the refugee situation; funds for the children of our military The SPEAKER pro tempore (Mr. training programs, as evidenced by Captain O’Grady and many others. families living off bases all throughout WICKER). The gentleman from Massa- the United States. chusetts [Mr. MOAKLEY] has 2 minutes Mr. Speaker, I include for the The action of the Republican leader- remaining. RECORD a letter from William J. Perry ship in this case is to ensure at least a Mr. MOAKLEY. Mr. Speaker, I yield to the Honorable Alan J. Dixon. 50 percent cut in impact aid programs 1 minute to the gentleman from Illi- The letter referred to is as follows: for military families all over this coun- nois [Mr. EVANS]. THE SECRETARY OF DEFENSE, try. I think that is cruel. I think it is Mr. EVANS. Mr. Speaker, I thank Washington, DC, June 9, 1995. unfair. And it will hurt our military the gentleman for yielding time to me. Hon. ALAN J. DIXON, morale and readiness. Mr. Speaker, this week I plan to offer Chairman, Defense Base Closure and Realign- Lest anyone think impact aid is not an amendment to restore $282 million ment Commission, Arlington, VA. important, let me quote from the gen- of the $744 million deleted from the DEAR MR. CHAIRMAN: Since I forwarded my recommendations to you on February 28, tleman from Georgia, Speaker NEWT Chairman’s mark from DOE’s environ- 1995, I have appreciated the excellent manner GINGRICH, in a letter of May 18 where mental restoration and waste manage- in which the Commission has conducted its he said, ‘‘We must preserve, protect, ment budget request. Unfortunately, demanding work under your leadership. I and improve the impact aid program so my amendment was not made in order write today to maintain the open exchange that it adequately serves those it was by the Committee on Rules. of information that has been a hallmark of intended to serve.’’ As a member of the committee, I had this Commission’s relationship with the De- The impact aid program should have offered a germane amendment that I partment of Defense. been preserved. It has been cut by this had offered in the full committee, and As a normal part of its process, the Air rule. for good reason. The committee can- Force has been conducting site surveys to re- fine the financial analysis of recommenda- Mr. MOAKLEY. Mr. Speaker, I yield celed a hearing dedicated to the DOE’s tions affecting Air Force bases. During this 1 minute to the gentleman from Ohio nuclear weapons cleanup program. In process, the financial picture on Kirtland Air [Mr. BROWN]. effect, Congress will be making an un- Force Base, New Mexico, has changed consid- Mr. BROWN of Ohio. Mr. Speaker, I informed decision about the funding erably. As you know, the recommendation oppose this very restrictive rule. Yes- priorities in the program that will run concerning Kirtland AFB was designed to re- terday in Elyria, OH, I stood in front of into the hundreds of billions of dollars, tain the Phillips Laboratory and other large- 20 mostly elderly Lorain Countians to and which will affect the health and ly civilian operations, while relocating most talk about Medicare cuts. They do not safety of Americans around the DOE of the active duty military operations, and closing related support functions. understand how we can spend $91⁄2 bil- weapons complex. lion more on military spending while In its site survey process, the Air Force Why did this process fail? Many of discovered that many of the original cost es- we cut Medicare, and while we cut stu- the same Members who decided to rob timates significantly understated the costs dent loans, while we cut school DOE’s environmental funding to build of relocating the active duty units. The final lunches. They can also not understand B–2 bombers and other cold war weap- estimate of the one-time cost to implement how amendment after amendment can ons systems also have DOE facilities in the recommended realignment is $538 mil- be denied, amendments that would cut their districts. They do not want to lion. I understand this figure and the sup- further; 37 percent of the amendments have to go on the record as voting porting COBRA analysis have been provided that cut spending were denied, were against this funding, and the major- previously to your staff. Although some op- not allowed under this rule. tions to reduce these costs were examined, I ity’s rules ensures that they will not understand that none of the options provided One particular amendment that was have to. I urge my colleagues to oppose the same benefits as estimated for the rec- not allowed and that was especially im- the rule. ommended realignment. Significantly, the portant was to be offered by the gentle- Mr. MOAKLEY. Mr. Speaker, I yield Department of Energy also asserted that woman from Oregon [Ms. FURSE], to 1 minute to the gentleman from New they received support far in excess of that just further study the C–17, so we did Mexico [Mr. RICHARDSON] who is also currently reimbursed to the Department of not spend the kind of money that this part-time Ambassador to Korea. the Air Force for DOE activities on Kirtland Congress seems to want to spend. The (Mr. RICHARDSON asked and was AFB. As a result, the total costs to the Unit- majority wants to spend another $15 to given permission to revise and extend ed States Government were not captured in the original estimates. $19 billion on the C–17 when we have al- his remarks.) After reviewing the results of the site sur- ternatives. The C–17 flies half as far, Mr. RICHARDSON. Mr. Speaker, in vey, it is my judgment that the rec- carries half as much and costs twice as the past the Pentagon asked for money ommendation for the realignment of much as a 747 and the alternative that and the Congress always delivered. Kirtland AFB no longer represents a finan- we could put together. Yet Republicans Now the Pentagon does not ask for cially or operationally sound scenario. I ask June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5773 that you take these matters into consider- ceding fiscal year under this subsection, sec- Secondary Education Act of 1965 (20 U.S.C. ation as the Commission conducts its review tion 3(b)(3) of the Act of September 30, 1950 7703(a)(1)) in average daily attendance for of my recommendations. (Public Law 874, 81st Congress), or section that year. Sincerely, 8003(b) of the Elementary and Secondary (D) Finally, the Secretary shall reduce the WILLIAM J. PERRY. Education Act of 1965 (20 U.S.C. 7703(b)); by amount determined under subparagraph (C) Mr. MOAKLEY. Mr. Speaker, I urge (B) the number of students described in for a local educational agency for a fiscal year by the total amount of— Members to defeat the previous ques- section 8003(a)(1)(D) of such Act in average daily attendance in the second preceding fis- (i) all payments the local educational tion. cal year; and agency receives under subsections (b) and (c) Mr. Speaker, I include for the (2) the number of such students in average for that year; and RECORD the amendments I would offer daily attendance of the local educational (ii) any payments actually received under if the previous question is defeated. agency in the fiscal year preceding the fiscal section 8003 of the Elementary and Second- The amendments referred to are as year in which the payment is being made. ary Education Act of 1965 (20 U.S.C. 7703) for that year. follows: (c) COMPUTATION OF DISABILITY PAYMENT.— Each local educational agency described in (3) Notwithstanding any other provision of Amendment to House Resolution 164: On subsection (a) shall also be eligible for dis- this section, a local educational agency that page 6, after line 6 add the following: ability payments for students described in actually receives funds under section 8003(f) ‘‘(c) Before consideration of any other section 8003(d)(1)(B) of the Elementary and of the Elementary and Secondary Education amendment, it shall be in order to consider Secondary Education Act of 1965 (20 U.S.C. Act of 1965 (20 U.S.C. 7703(f)) for a fiscal year the following amendment as if printed in the 7703(d)(1)(B)). The payment required by this shall be eligible to receive funds under this report to be offered by Representative subsection only after the full amount com- subsection shall be computed for each year Schroeder of Colorado or her designee, debat- puted under paragraph (2) has been paid to by multiplying— able for 40 minutes equally divided and con- (1) the amount determined by dividing— all local educational agencies described in trolled by the proponent and an opponent: (A) the amount of funds received by the paragraph (1) that do not receive funds under An amendment to be offered by Represent- local educational agency during the second such section for that fiscal year. (4) For purposes of providing assistance ative Schroeder of Colorado or a designee, preceding fiscal year under this subsection, under this subsection, the Secretary shall debatable for 40 minutes: Page 16, after line section 3(d)(2)(C) of the Act of September 30, use student and revenue data from the local 8, insert the following new section: 1950 (Public Law 874, 81st Congress), or sec- educational agency for the fiscal year for SEC. 4. LIMIT ON TOTAL AUTHORIZATION. tion 8003(d) of the Elementary and Secondary In order to provide a total authorization of which the agency is applying for assistance. Education Act of 1965 (20 U.S.C. 7703(d)); by (5) For purposes of this subsection, the appropriations in this Act of $257,602,636,000 (B) the number of students described in Secretary shall determine the current year (as proposed in the budget of the President section 8003(d)(1)(B) of such Act in average State average per-pupil expenditure data for for fiscal year 1996), each amount in this Act daily attendance in the second preceding fis- the second preceding fiscal year by the same providing an authorization of appropriations cal year; and percentage increase or decrease reflected be- is hereby reduced by 4.0 percent. (2) the number of such students in average tween the per-pupil expenditure data for the (d) After disposition of the amendment daily attendance of each local educational fourth preceding fiscal year and the per-pupil numbered 2 printed in subpart D of part 1 of agency in the fiscal year preceding the fiscal expenditure data for the second preceding the report, it shall be in order to consider year in which the payment is being made. fiscal year. the following amendment as if it were num- (d) HEAVILY IMPACTED ASSISTANCE.—(1) (6) For purposes of this subsection, the bered 3 in that subpart to be offered by Rep- Each local educational agency described in term ‘‘average per-pupil expenditure’’ means resentative Edwards of Texas or his designee, subsection (a) shall also be eligible for heav- the aggregate current expenditures of all debatable for 20 minutes equally divided and ily impacted assistance if— local educational agencies in the State, di- controlled by the proponent and an oppo- (A) the local educational agency— vided by the total number of children in av- nent: (i) had an enrollment of students described erage daily attendance for whom such agen- An amendment to be offered by Represent- in subparagraphs (B) and (D) of section cies provided free public education. ative Edwards of Texas or a designee, debat- 8003(a)(1) of the Elementary and Secondary (e) PROHIBITION ON MULTIPLE PAYMENTS.— able for 20 minutes: At the end of title III Education Act of 1965 (20 U.S.C. 7003(a)(1)) (1) Amounts received by a local educational (page 153, after line 25), insert the following during the previous fiscal year, the number agency under subsection (d) in a fiscal year, new section: of which constituted at least 40 percent of when added to amounts actually received SEC. 396. DEPARTMENT OF DEFENSE DEPEND- the total student enrollment of such agency; under section 8003(f) of the Elementary and ENT EDUCATION ASSISTANCE (IM- and Secondary Education Act of 1965 (20 U.S.C. PACT AID) FOR SCHOOL-AGED DE- (ii) has a tax rate for general fund purposes 7703(f)) for that year, may not exceed the PENDENTS OF CERTAIN MILITARY which is at least 95 percent of the average amount the agency would have received PERSONNEL. tax rate for general fund purposes of com- under such section had assistance under such (a) PROVISION OF DEPENDENT EDUCATION parable education agencies in the State; or section been fully funded. ASSISTANCE (IMPACT AID)—(1) In the case of (B) the local educational agency— (2) Amounts received by a local edu- students described in section 8003(a)(1)(D) of (i) had an enrollment of students described cational agency under subsection (c) in a fis- the Elementary and Secondary Education in subparagraphs (B) and (D) of section cal year, when added to amounts actually re- Act of 1965 (20 U.S.C. 7703(a)(1)(D)), the Sec- 8003(a)(1) of the Elementary and Secondary ceived under section 8003(d) of the Elemen- retary of Defense shall provide funds to local Education Act of 1965 (20 U.S.C. 7703(a)(1)) tary and Secondary Education Act of 1965 (20 educational agencies that received payments during the previous fiscal year, the number U.S.C. 7703(d)) for that year, may not exceed for these students from the Department of of which constituted at least 35 percent of the amount the agency would have received Education in fiscal year 1994 or 1995 under the total student enrollment of such agency; under such section had assistance under such the Act of September 30, 1950 (Public Law and section been fully funded. 874, 81st Congress) or title VIII of the Ele- (ii) has a tax rate for general fund purposes (3) Amounts received by a local edu- mentary and Secondary Education Act of which is at least 125 percent of the average cational agency under subsection (b) in a fis- 1965 (20 U.S.C. 7701 et seq.). tax rate for general fund purposes of com- cal year, when added to amounts actually re- (2) Subject to the availability of appropria- parable educational agencies in the State. ceived under section 8003(b) of the Elemen- tions for this purpose, funds shall be paid (2)(A) For each local educational agency tary and Secondary Education Act of 1965 (20 under this section in fiscal years 1996, 1997, described in paragraph (1), payments for each U.S.C. 7703(b)) for that year, may not exceed 1998, and 1999. However, the Secretary of De- year shall be computed by first determining the amount the agency would have received fense may use the authority provided by this the greater of— under such section had assistance under such section only in the event that payments (i) the average per-pupil expenditure of the section been fully funded. under section 8003 of the Elementary and State in which the agency is located; or (f) PRORATION OF AMOUNTS.—If necessary Secondary Education Act of 1965 (20 U.S.C. (ii) the average per-pupil expenditure of all due to insufficient funds to carry out this 7703) for a fiscal year on behalf of students the States. section, the Secretary shall ratably reduce described in subsection (a)(1)(D) of such sec- (B) The Secretary shall next subtract from payments under subsections (b, (c), and (d). tion are not made in a total amount equal to the amount determined under subparagraph (g) COOPERATION.—The Secretary of Edu- at least the level of funding for fiscal year (A) the average amount of State aid per cation shall assist the Secretary of Defense 1995 under such section for such students. pupil received for that year by each local in gathering such information from the local (b) COMPUTATION OF BASIC PAYMENT.—Each educational agency described in paragraph educational agencies and State educational local educational agency described in sub- (1). agencies as may be needed in order to carry section (a) shall be eligible for basic pay- (C) For each local educational agency de- out this section. ments, which shall be computed for each scribed in paragraph (1), the Secretary shall (h) FUNDS FOR FISCAL YEAR 1996.—The year by multiplying— multiply the amount determined under sub- amount provided in section 301(5) for oper- (1) the amount determined by dividing— paragraph (B) by the total number of stu- ation and maintenance for Defense-wide ac- (A) the amount of funds received by the dents described in subparagraphs (B) and (D) tivities is hereby increased by $100,000,000. Of local educational agency in the second pre- of section 8003(a)(1) of the Elementary and the funds corresponding to such increase— H 5774 CONGRESSIONAL RECORD — HOUSE June 13, 1995 (1) $50,000,000 shall be available for pay- ferred under subsection (a) as an addition to which is going to protect the strategic ments under subsection (b) in fiscal year the Fort Bliss National Cemetery and admin- interests of this country around the 1996; ister such real property pursuant to chapter world, but more than that, it is going (2) $10,000,000 shall be available for pay- 24 of title 38, United States Code. to protect the men and women who ments under subsection (c) in fiscal year (c) RETURN OF UNUSED LAND.—If the Sec- 1996; and retary of Veterans Affairs determines that serve in the Armed Forces of the Unit- (3) $40,000,000 shall be available for pay- any portion of the real property transferred ed States of America. ments under subsection (d) in fiscal year under subsection (a) is not needed for use as AMENDMENT OFFERED BY MR. SOLOMON 1996. a national cemetery, the Secretary of Veter- Mr. SOLOMON. Mr. Speaker, I offer (i) AUTHORIZATION OF APPROPRIATIONS FOR ans * * *. an amendment. SUBSEQUENT YEARS.—There are authorized to Strike subsection (a) of section 4 and re- be appropriated for payments under this sec- designate accordingly. The Clerk read as follows: tion such sums as may be necessary for fiscal At the end of the resolution, add the fol- Amendment offered by Mr. SOLOMON: Page years 1997, 1998, and 1999. lowing: 3, line 23, strike ‘‘A’’ and insert in lieu there- (j) CORRESPONDING REDUCTION.—The ‘‘Notwithstanding any other provision of of ‘‘B’’. amount provided in section 201(5) for re- this resolution, it shall not be in order to Mr. SOLOMON. Mr. Speaker, the mi- search, development, test, and evaluation for consider the amendments numbered 1 and 2 nority is aware of this amendment. It Defense-wide activities, and the amount pro- in subpart C of the report.’’ vided in section 241 for the National Missile Mr. SOLOMON. Mr. Speaker, I yield simply corrects a clerical error by Defense, are both reduced by $100,000,000. myself such time as I may consume. changing the letter A to the letter B. (e) It shall be in order to consider the fol- This clarifies what the rule already lowing three amendments as if the amend- Mr. Speaker, I would try to expedite this matter, again for the services for specifies, and that the extra 30 minutes ments were numbered 47, 48 and 49 and print- of debate applies to the Nunn-Lugar ed in part 2 of the report: Les Aspin. 47. An amendment to be offered by Rep- Mr. Speaker, I have heard the last topic, and not to the subject of the B– resentative Browder of Alabama or a des- couple of speakers speak. One in par- 2 bomber. ignee, debatable for 10 minutes: In the table ticular said he was talking to a group Mr. Speaker, I move the previous relating to authorized Army construction of senior citizens, and they vehemently question on the amendment and on the projects inside the United States in section objected to the amount of money being resolution. 2101(a), strike out the item relating to Fort spent on this defense budget. I do not The SPEAKER pro tempore. The Myer, Virginia. question is on ordering the previous In section 2104(a), reduce the amount speci- know about where he comes from in fied in paragraph (1) by $17,000,000 and in- Ohio, but I come from Glens Falls, question on the amendment and on the crease the amount specified in paragraphs Queensbury, NY, up in the Adirondack resolution. (5)(A) by $17,000,000. Mountains. It is a funny thing, I go The question was taken; and the 48. An amendment to be offered by Rep- home every weekend, and I have for 17 Speaker pro tempore announced that resentative Evans of Illinois or a designee, years. It is a really beautiful place in the ayes appeared to have it. debatable for 10 minutes: At the end of title Mr. MOAKLEY. Mr. Speaker, I object XXXI (page 532, after line 5), insert the fol- this world. I never moved my family here to Washington and have com- to the vote on the ground that a lowing new section: quorum is not present and make the SEC. 3145. ADDITIONAL FUNDING FOR CERTAIN muted back and forth. ENVIRONMENTAL RESTORATION Every weekend I see senior citizens. I point of order that a quorum is not AND WASTE MANAGEMENT PRO- saw a group this past weekend. I have present. GRAMS. an opportunity to tell them what was The SPEAKER pro tempore. Evi- (a) ADDITIONAL FUNDING.—(1) Amounts au- in this defense budget we are going to dently a quorum is not present. thorized by section 3102(c) for waste manage- The Sergeant at Arms will notify ab- ment are hereby increased by $150,000,000. pass here this week. We talked about (2) Amounts authorized by section 3102(f) the need for it. So often Captain sent Members. for nuclear materials and facilities stabiliza- O’Grady’s name came up. Captain Pursuant to clause 5(b) 1 of rule XV, tion are hereby increased by $81,000,000. O’Grady’s name came up, and we have the Chair may reduce to not less than (3) Amounts authorized by section 3102(g) to ask ourselves, how was he rescued? 5 minutes the time for electronic vot- for compliance and program coordination are How were we able to do that, when we ing, if ordered, on the amendment. hereby increased by $51,000,000. This will be a 15-minute vote. (b) OFFSET.—Amounts authorized by sec- have failed so miserably before, in tion 241 are hereby reduced by $282,000,000. years past, when we did not have a The vote was taken by electronic de- Affairs shall return such portion to the ad- strong military preparedness? How was vice, and there were—yeas 225, nays ministrative jurisdiction of the Secretary of it that he was able to avoid his cap- 191, not voting 18, as follows: the Army. tors? How was it that he was able to [Roll No. 367] EGAL DESCRIPTION.—The exact acreage (d) L YEAS—225 and legal description of the real property to have the equipment with him that was be transferred under this section shall be de- going to be able to communicate back Allard Castle Ewing termined by surveys that are satisfactory to to our troops? Archer Chabot Fawell Then, how was it that we were able Armey Chambliss Flanagan the Secretary of the Army. The cost of such Bachus Chenoweth Foley surveys shall be borne by the Secretary of to jam their radars? How was it that Baker (CA) Christensen Forbes Veterans Affairs. we were able to go in there with our Baker (LA) Chrysler Fowler (e) ADDITIONAL TERMS AND CONDITIONS.— helicopter gunships and bring him out Ballenger Clinger Fox The Secretary of the Army may require such without even a casualty? It is because Barr Coble Franks (CT) additional terms and conditions in connec- Barrett (NE) Coburn Franks (NJ) tion with the transfer under this section as of what we are reinstating in this budg- Bartlett Collins (GA) Frelinghuysen the Secretary of the Army considers appro- et today. It is so terribly, terribly im- Barton Combest Frisa portant. Bass Cooley Funderburk priate to protect the interests of the United Bateman Cox Gallegly States. We must never, never, in the future Bereuter Crane Ganske 49. An amendment to be offered by Rep- of this country, ask men and women in Bilbray Crapo Gejdenson resentative Coleman of Texas or a designee, All-Volunteer military to volunteer, Bilirakis Cremeans Gekas debatable for 10 minutes: At the end of sub- Bliley Cubin Gilchrest and then to put them in harm’s way Blute Cunningham Gillmor title C of title XXVIII (page 490, after line 2), without giving them the very best that insert the following new section: Boehlert Davis Gilman we can do. I do not know of any senior Boehner Deal Goodlatte SEC. 2834. TRANSFER OF JURISDICTION, FORT citizen in my whole congressional dis- Bonilla DeLay Goodling BLISS, TEXAS. Bono Diaz-Balart Goss (a) TRANSFER OF LAND AND NATIONAL CEME- trict who resents the fact that we are Brownback Dickey Greenwood TERY.—The Secretary of the Army may going to spend a mere $8 billion more. Bryant (TN) Doolittle Gunderson transfer, without reimbursement, to the ad- I do not know of any that would. Bunn Dornan Gutknecht ministrative jurisdiction of the Secretary of Bunning Dreier Hancock Therefore, Mr. Speaker, I would just Burr Duncan Hansen Veterans Affairs a parcel of real property say to Members today, this is a fair (including any improvements thereon) con- Burton Dunn Hastert rule. I would ask them to vote for the Buyer Ehlers Hastings (WA) sisting of approximately 22 acres and com- rule, and I would ask them to give Callahan Ehrlich Hayworth prising a portion of Fort Bliss, Texas. Calvert Emerson Hefley (b) USE OF LAND.—The Secretary of Veter- their wholehearted support to this Camp English Heineman ans Affairs shall use the real property trans- very, very vital piece of legislation Canady Ensign Herger June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5775 Hilleary McHugh Schiff Studds Torres Watt (NC) Hastert McDade Schaefer Hobson McInnis Seastrand Stupak Traficant Waxman Hastings (WA) McHugh Schiff Hoekstra McIntosh Sensenbrenner Tanner Tucker Williams Hayworth McInnis Scott Hoke McKeon Shadegg Tauzin Velazquez Wise Hefley McIntosh Seastrand Horn Metcalf Shaw Taylor (MS) Vento Woolsey Heineman McKeon Sensenbrenner Hostettler Meyers Shuster Tejeda Visclosky Wyden Herger McNulty Shadegg Houghton Miller (FL) Skeen Thompson Volkmer Wynn Hilleary Metcalf Shaw Hunter Molinari Smith (MI) Thornton Ward Zimmer Hobson Meyers Shuster Hutchinson Moorhead Smith (NJ) Thurman Waters Hoekstra Mica Sisisky Hyde Morella Smith (TX) Hoke Miller (FL) NOT VOTING—18 Skeen Inglis Myers Smith (WA) Horn Molinari Skelton Istook Nethercutt Solomon Brown (CA) Graham Myrick Hostettler Mollohan Smith (MI) Johnson (CT) Neumann Souder Collins (MI) Johnston Peterson (MN) Houghton Montgomery Smith (NJ) Johnson, Sam Ney Spence DeLauro Kleczka Ros-Lehtinen Hunter Moorhead Smith (TX) Jones Norwood Stearns Everett Lantos Towns Hutchinson Moran Smith (WA) Kasich Nussle Stockman Fields (TX) Largent Wilson Hyde Morella Solomon Kelly Oxley Stump Gephardt Mica Yates Inglis Murtha Souder Kennedy (RI) Packard Talent Istook Myers b Spence Kim Parker Tate 1342 Johnson (CT) Nethercutt Stearns King Paxon Taylor (NC) Johnson, Sam Neumann Stockman Kingston Petri Thomas Messrs. PICKETT, SPRATT, SKEL- Jones Ney Stump Knollenberg Pombo Thornberry Kasich Norwood TON, and GORDON changed their vote Talent Kolbe Porter Tiahrt Kelly Nussle from ‘‘yea’’ to ‘‘nay.’’ Tate LaHood Portman Torkildsen Kennedy (RI) Oxley Taylor (NC) Latham Pryce Torricelli Messrs. GANSKE, LINDER, POR- Kim Packard LaTourette Quillen Upton TER, KIM, GUNDERSON, COX of Cali- King Parker Thomas Laughlin Quinn Vucanovich Kingston Paxon Thornberry fornia, and FOLEY changed their vote Tiahrt Lazio Radanovich Waldholtz from ‘‘nay’’ to ‘‘yea.’’ Knollenberg Petri Leach Ramstad Walker Kolbe Pickett Torkildsen Lewis (CA) Regula Walsh So the previous question was ordered. LaHood Pombo Traficant Lewis (KY) Riggs Wamp The result of the vote was announced Latham Pryce Upton Lightfoot Roberts Watts (OK) as above recorded. LaTourette Quillen Vucanovich Linder Rogers Weldon (FL) Laughlin Quinn Waldholtz Livingston Rohrabacher Weldon (PA) PERSONAL EXPLANATION Lazio Radanovich Walker LoBiondo Roth Weller Mr. GRAHAM. Mr. Speaker, on rollcall No. Leach Ramstad Walsh Longley Roukema White Lewis (CA) Regula Wamp Lucas Royce Whitfield 367, I was with a constituent and inadvertently Lewis (KY) Riggs Watts (OK) Manzullo Salmon Wicker missed the vote. Had I been present, I would Lightfoot Roberts Weldon (FL) Martini Sanford Wolf have voted ``yes.'' Linder Rogers Weldon (PA) McCollum Saxton Young (AK) The SPEAKER pro tempore (Mr. Livingston Rohrabacher Weller McCrery Scarborough Young (FL) LoBiondo Roth White McDade Schaefer Zeliff WICKER). The question is on the amend- Longley Roukema Whitfield ment offered by the gentleman from Lucas Royce Wicker NAYS—191 New York [Mr. SOLOMON]. Manzullo Salmon Wolf Martini Sanford Young (AK) Abercrombie Flake Meek The amendment was agreed to. McCollum Saxton Young (FL) Ackerman Foglietta Menendez The SPEAKER pro tempore. The McCrery Scarborough Zeliff Andrews Ford Mfume Baesler Frank (MA) Miller (CA) question is on the resolution, as Baldacci Frost Mineta amended. NOES—183 Barcia Furse Minge The question was taken; and the Abercrombie Fazio Markey Barrett (WI) Geren Mink Speaker pro tempore announced that Ackerman Fields (LA) Martinez Becerra Gibbons Moakley Andrews Filner Matsui Beilenson Gonzalez Mollohan the noes appeared to have it. Baesler Flake McCarthy Bentsen Gordon Montgomery RECORDED VOTE Baldacci Foglietta McDermott Berman Green Moran Barcia Ford McHale Bevill Gutierrez Murtha Mr. SOLOMON. Mr. Speaker, I de- Barrett (WI) Frank (MA) McKinney Bishop Hall (OH) Nadler mand a recorded vote. Becerra Frost Meehan Bonior Hall (TX) Neal A recorded vote was ordered. Beilenson Furse Meek Borski Hamilton Oberstar The SPEAKER pro tempore. This Bentsen Ganske Menendez Boucher Harman Obey Berman Geren Mfume Brewster Hastings (FL) Olver will be a 5-minute vote. Bevill Gibbons Miller (CA) Browder Hayes Ortiz The vote was taken by electronic de- Bishop Gonzalez Mineta Brown (FL) Hefner Orton vice, and there were—ayes 233, noes 183, Bonior Gordon Minge Brown (OH) Hilliard Owens Borski Green Mink Bryant (TX) Hinchey Pallone not voting 18, as follows: Boucher Gunderson Moakley Cardin Holden Pastor [Roll No. 368] Brewster Gutierrez Nadler Chapman Hoyer Payne (NJ) Browder Hall (OH) Neal Clay Jackson-Lee Payne (VA) AYES—233 Brown (FL) Hall (TX) Oberstar Clayton Jacobs Pelosi Allard Camp Ehlers Brown (OH) Hamilton Obey Clement Jefferson Peterson (FL) Archer Canady Ehrlich Bryant (TX) Harman Olver Clyburn Johnson (SD) Pickett Armey Castle Emerson Cardin Hastings (FL) Ortiz Coleman Johnson, E. B. Pomeroy Bachus Chabot English Chapman Hayes Orton Collins (IL) Kanjorski Poshard Baker (CA) Chambliss Ensign Clay Hefner Owens Condit Kaptur Rahall Baker (LA) Chenoweth Everett Clayton Hilliard Pallone Conyers Kennedy (MA) Rangel Ballenger Christensen Ewing Clement Hinchey Pastor Costello Kennelly Reed Barr Chrysler Fawell Clyburn Holden Payne (NJ) Coyne Kildee Reynolds Barrett (NE) Clinger Flanagan Coleman Hoyer Payne (VA) Cramer Klink Richardson Bartlett Coble Forbes Collins (IL) Jackson-Lee Pelosi Danner Klug Rivers Barton Coburn Fowler Condit Jacobs Peterson (FL) de la Garza LaFalce Roemer Bass Collins (GA) Fox Conyers Jefferson Pomeroy DeFazio Levin Rose Bateman Combest Franks (CT) Costello Johnson (SD) Porter Dellums Lewis (GA) Roybal-Allard Bereuter Cooley Franks (NJ) Coyne Johnson, E.B. Portman Deutsch Lincoln Rush Bilbray Cox Frelinghuysen Danner Kanjorski Poshard Dicks Lipinski Sabo Bilirakis Cramer Frisa de la Garza Kaptur Rahall Dingell Lofgren Sanders Bliley Crane Funderburk DeFazio Kennedy (MA) Rangel Dixon Lowey Sawyer Blute Crapo Gallegly Dellums Kennelly Reed Doggett Luther Schroeder Boehlert Cremeans Gejdenson Deutsch Kildee Reynolds Dooley Maloney Schumer Boehner Cubin Gekas Dicks Klink Richardson Doyle Manton Scott Bonilla Cunningham Gilchrest Dingell Klug Rivers Durbin Markey Serrano Bono Davis Gillmor Dixon LaFalce Roemer Edwards Martinez Shays Brownback Deal Gilman Doggett Levin Rose Engel Mascara Sisisky Bryant (TN) DeLay Goodlatte Dooley Lewis (GA) Roybal-Allard Eshoo Matsui Skaggs Bunn Diaz-Balart Goodling Durbin Lincoln Rush Evans McCarthy Skelton Bunning Dickey Goss Edwards Lipinski Sabo Farr McDermott Slaughter Burr Doolittle Graham Engel Lofgren Sanders Fattah McHale Spratt Burton Dornan Greenwood Eshoo Lowey Sawyer Fazio McKinney Stark Buyer Dreier Gutknecht Evans Luther Schroeder Fields (LA) McNulty Stenholm Callahan Duncan Hancock Farr Maloney Schumer Filner Meehan Stokes Calvert Dunn Hansen Fattah Manton Serrano H 5776 CONGRESSIONAL RECORD — HOUSE June 13, 1995 Shays Taylor (MS) Volkmer Members should use the Office of ELECTION OF MEMBERS TO CER- Skaggs Tejeda Ward Slaughter Thompson Waters Legislative Counsel to ensure that TAIN STANDING COMMITTEES OF Spratt Thornton Watt (NC) their amendments are properly drafted. THE HOUSE Stark Thurman Waxman Amendments should be titled, ‘‘Sub- Mrs. KENNELLY. Mr. Speaker, I Stenholm Torres Williams mitted for printing under clause 6 of Stokes Torricelli Wise offer a privileged resolution (H. Res. Studds Tucker Woolsey rule 23,’’ signed by the Member, and 166) and ask for its immediate consider- Stupak Velazquez Wyden submitted at the Speaker’s table. ation. Tanner Vento Wynn Mr. Speaker, it has been our experi- Tauzin Visclosky Zimmer The Clerk read the resolution, as fol- ence so far this year that the lows: NOT VOTING—18 preprinting option has worked to the H. RES. 166 Brown (CA) Gephardt Myrick benefit of the sponsoring Members, the Collins (MI) Johnston Peterson (MN) committees of jurisdiction, and the Resolved, That the following named Mem- DeLauro Kleczka Ros-Lehtinen general membership alike. It has bers be and they are hereby elected to the Doyle Lantos Towns following standing committees of the House Fields (TX) Largent Wilson helped to ensure a more informed and of Representatives: Foley Mascara Yates deliberative amendment process on the Committee on Government Reform and b 1352 House floor. Oversight: Mr. Brewster of Oklahoma. The new House rule requiring the Mr. FARR and Mr. TORRES changed Committee on Resources: Mr. Pickett of Clerk to assign a numerical designa- Virginia and Mr. Pallone of New Jersey, both their vote from ‘‘aye’’ to ‘‘no.’’ of whom will rank in order after Mr. Ortiz of So the resolution, as amended, was tion to each amendment filed in the RECORD has also made it easier for all Texas. agreed to. Committee on Small Business: Mr. Skelton The result of the vote was announced concerned to identify amendments for reference purposes. We encourage of Missouri, who will rank after Mr. LaFalce as above recorded. of New York, and Mr. Baldacci of Maine. A motion to reconsider was laid on Members to continue to take advan- Committee on Transportation and Infra- the table. tage of this preprinting option. structure: Ms. McCarthy of Missouri. We also ask Members to score any f Mrs. KENNELLY (during the read- offset amendments with the CBO in ad- ing). Mr. Speaker, I ask unanimous PERSONAL EXPLANATION vance since offsetting budget authority consent that the resolution be consid- numbers will not necessarily achieve Mr. MASCARA. Mr. Speaker, at the ered as read and printed in the RECORD. an offset in outlays. time of rollcall vote No. 368, passage of The SPEAKER pro tempore. Is there the rule on consideration of H.R. 1530, f objection to the request of the gentle- the 1996 national defense authorization woman from Connecticut? PERMISSION TO FILE SUPPLE- bill, I was unavoidably detained while There was no objection. MENTAL REPORT TO HOUSE RE- testifying before the Base Realignment The resolution was agreed to. and Closure Commission in the Senate PORT 104–127 ON H.R. 1062, EN- HANCING COMPETITION IN FI- A motion to reconsider was laid on Hart Building. I was testifying in the table. strong support of the 911th Air Reserve NANCIAL SERVICES INDUSTRY f Station at Pittsburgh International Mr. LEACH. Mr. Speaker, by direc- Airport and the Charles E. Kelley Sup- tion of the Committee on Banking and REMOVAL OF NAME OF MEMBER port Facility in Oakdale, both facili- Financial Services, I ask unanimous AS COSPONSOR OF H.R. 94 ties which are in my district. Had I consent to file a supplemental report Ms. DANNER. Mr. Speaker, I ask been present, I would have voted ‘‘no’’ to House Report 104–127 which accom- unanimous consent that my name be on rollcall No. 368. panied H.R. 1062 and that such report removed as a cosponsor of H.R. 94. f be printed. The supplemental report in- corporates, as required by rule XI of The SPEAKER pro tempore. Is there PERSONAL EXPLANATION the Rules of the House of Representa- objection to the request of the gentle- Mr. DOYLE. Mr. Speaker, during tives, a cost estimate prepared by the woman from Missouri? rollcall vote No. 368 I was unavoidably Congressional Budget Office of H.R. There was no objection. detained—testifying before the Base 1062, as reported and amended by the f Realignment and Closure Commission Committee on Banking and Financial and could not return in time to record Services. 1993 ANNUAL REPORT OF DEPART- MENT OF HOUSING AND URBAN my vote. Had I been here for the vote, The SPEAKER pro tempore. Is there DEVELOPMENT—MESSAGE FROM I would have voted ‘‘no’’ on the rule. objection to the request of the gen- THE PRESIDENT OF THE UNITED f tleman from Iowa? STATES There was no objection. ANNOUNCEMENT OF AMENDMENT The SPEAKER pro tempore laid be- f PROCESS FOR APPROPRIATIONS fore the House the following message BILLS RESIGNATION AS MEMBER OF from the President of the United (Mr. SOLOMON asked and was given COMMITTEE ON SMALL BUSINESS States; which was read and, together permission to address the House for 1 with the accompanying papers, without minute.) The SPEAKER pro tempore laid be- objection, referred to the Committee Mr. SOLOMON. Mr. Speaker, I rise fore the House the following resigna- on Banking and Financial Services: for the purpose of making announce- tion from the Committee on Small To the Congress of the United States: ments and also to tell Members there Business: Pursuant to the requirements of 42 will not be another vote around here CONGRESS OF THE UNITED STATES, U.S.C. 3536, I transmit herewith the until about 6:30 this evening in case HOUSE OF REPRESENTATIVES, June 13, 1995. 29th Annual Report of the Department they want to leave the floor now. Hon. NEWT GINGRICH, of Housing and Urban Development, Mr. Speaker, I wish to inform Mem- Speaker, House of Representatives, bers that when the Rules Committee is which covers calendar year 1993. Washington, DC. WILLIAM J. CLINTON. requested to grant open rules on any of DEAR MR. SPEAKER: I hereby submit my THE WHITE HOUSE, June 13, 1995. the 13 regular appropriations bills for resignation from the Committee on Small fiscal year 1996, the rules may include Business effective June 13, 1995. f a provision giving the Chair authority Warm regards, to grant priority in recognition to KAREN MCCARTHY, ANNOUNCEMENT BY THE SPEAKER those Members who have caused their Member of Congress. PRO TEMPORE amendments to be printed in the CON- The SPEAKER pro tempore. Without The SPEAKER pro tempore. The GRESSIONAL RECORD prior to their con- objection the resignation is accepted. Chair will entertain twenty 1-minute sideration. There was no objection. speeches on each side. June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5777 WE WILL BALANCE THE BUDGET the Medicare system will be bankrupt The President proposes cutting the (Mr. NORWOOD asked and was given in just 7 years in 2002. Department’s budget by 9.8 percent and permission to address the House for 1 That means that if you are 58 today— eliminating 30 percent of its programs. minute and to include extraneous ma- there might be no Medicare for you Contrary to his rhetoric of late, the terial.) when you turn 65. President’s budget seems to acknowl- Mr. NORWOOD. Mr. Speaker, I hold If the system goes bankrupt, Medi- edge that we should streamline Federal in my hand a petition signed by 137 care does not have the authority to pay education programs. hard-working men and women from the the hospital bills of any one senior citi- Mr. Speaker, I urge the President and R&R Manufacturing Co. in Auburn, zen, let alone the 37 million senior citi- my Democratic colleagues to quit play- GA. They signed their names to this zens and disabled who will depend upon ing politics-as-usual and begin working paper asking me to vote for a balanced it. with us to balance the budget. budget. They understand the cost of That is the challenge all Americans It is time to quit playing games and not balancing our budget. They under- face. get down to the real business at hand. stand why we must make a shared sac- Republicans are committed to pre- f serving, protecting, and saving Medi- rifice in order to save our children’s fu- WE DO NOT NEED MORE B–2’S ture. Republicans in the House and care. Senate understand—we voted to bal- We urge the President to join us in (Mr. JOHNSON of South Dakota ance the budget. Even the President this effort. asked and was given permission to ad- dress the House for 1 minute and to re- said he would finally submit a balanced f budget—of course he then changed his vise and extend his remarks.) mind. Maybe he just doesn’t under- HOLLYWOOD AND TV ARE NOT Mr. JOHNSON of South Dakota. Mr. stand. But to my friends and neighbors THE CAUSE OF OUR PROBLEMS Speaker, the 1996 defense authorization bill before this House today repeals back home like Mr. Jean Withers at (Mr. TRAFICANT asked and was current law that limits the number of R&R Manufacturing, I say this—we lis- given permission to address the House B–2 Stealth bombers that may be pro- tened to what you said in November— for 1 minute and to revise and extend duced at 20 planes and lifting the cur- we are making the hard choices, and his remarks.) we will balance the budget. It’s all rent $44 billion spending limit. Mr. TRAFICANT. Mr. Speaker, more Mr. Speaker, witnesses on behalf of about keeping your word. And to my American children can name all the the Air Force, both civilians and uni- 137 friends back in Auburn, GA, I am Teenage Mutant Ninja Turtles. Most of formed service, have repeatedly indi- keeping my word to you. them cannot name the last three Presi- cated to us that they do not want these f dents. More Americans watch Rush bombers, that the Joint Chiefs of Staff Limbaugh, Donahue, and Equal Time repeatedly have testified that they do INDEPENDENT COUNSEL NEEDED each week than watch C–SPAN all TO INVESTIGATE THE SPEAKER not want to purchase more B–2’s. year. No doubt America is addicted to There is no money programmed in (Mr. VOLKMER asked and was given TV and Hollywood, which causes some anyone’s budget plan to pay for the permission to address the House for 1 experts to believe that the TV and Hol- out-year costs that will be forced by minute.) lywood are the problems of the vio- the bill’s provisions to build more B– Mr. VOLKMER. Mr. Speaker, the lence in America. I disagree, folks. I 2’s. This will cost $38.2 billion over 20 winter snows have come and gone, the think TV and Hollywood are nothing years, and the highly regarded Insti- cherry blossoms have blown away, and more than a mirror image of our soci- tute for Defense Analyses has indicated a tulip cannot be found around the ety, and, in fact, I think the Congress, that that money would be better spent Capitol. Yet stonewalling by the Ethics instead of investigating Hollywood and on precision guided munitions and con- Committee has failed to bring an inde- television, should look at our policies ventional munitions upgrades to the B– pendent counsel to investigate the about jobs. It is about jobs, Congress. 1 Bomber. Speaker. I would like to tell my col- Mom and dad with jobs, mom and dad Mr. Speaker, what could that same leagues that there is one issue that I will change America, not Capitol Hill amount of money be better used for, if agree on 100 percent with the Speaker. nor Hollywood. not for deficit reduction? Then, alter- I believe that we should give him just I would like to say this: Americans natively, that same amount of money what he asked for when he raised ques- with jobs are not hanging out on the would immunize every child in the tions concerning then-Speaker Wright. street corner. Jobs create family United States, fully fund Public Broad- A 1988 press release stated ‘‘The rules strength, and community pride. Inves- casting for 10 years, restore all edu- normally applied by the Ethics Com- tigate jobs and loss of jobs, Congress. cation funds and be better used for the mittee to an investigation of a typical Let Hollywood and TV take care of people of this country. Member are insufficient in an inves- themselves. f tigation of the Speaker of the f House * * *’’. WHERE ARE THE PRESIDENT’S Mr. Speaker, it is time that we re- CLINTON EDUCATION CUTS IDEAS? moved these sinister dark clouds that (Mr. KNOLLENBERG asked and was hang over these Chambers: We need an (Mr. HAYWORTH asked and was given permission to revise and extend independent counsel. I can not say it given permission to address the House his remarks.) better than you did in 1988, ‘‘It is vital for 1 minute and to revise and extend Mr. KNOLLENBERG. Mr. Speaker, that the Ethics Committee hire outside his remarks.) our Democratic colleagues continue to Mr. HAYWORTH. Mr. Speaker, it was counsel and pursue these questions distort our plan to balance the budget. nice to see the President sit beside the thoroughly. The trust of the public and Specifically, they have—in dema- Speaker of the House and agree that the integrity of the House will accept gogic fashion—argued that our budget the Medicare trust fund has serious no lower standard.’’ plan will devastate education in our problems that need to be fixed before it f country. goes broke by the year 2002. It was en- b 1400 In reality, our budget plan will pro- couraging to see the President agree tect important programs and consoli- that Medicare cannot survive under the REPUBLICANS COMMITTED TO date and eliminate those that are du- status quo—that changes are necessary SAVING MEDICARE plicative and inefficient. to preserve, protect, and save Medi- (Mr. BARTLETT of Maryland asked Before attacking our efforts to bal- care. and was given permission to address ance the budget and lower taxes on But Mr. Speaker, where are the the House for 1 minute and to revise working families, I ask that my Demo- President’s ideas? Where are his solu- and extend his remarks.) cratic colleagues review the adminis- tions? Where are the ideas of my lib- Mr. BARTLETT of Maryland. Mr. tration’s 1996 budget request for the eral Democrat colleagues in the House? Speaker, Medicare’s trustees warn that Department of Education. It is easy to stand around and talk H 5778 CONGRESSIONAL RECORD — HOUSE June 13, 1995 about a problem, but it takes real lead- than discrimination with the Federal ception. The only people trust will not ership to actually work to solve a prob- seal of approval. That is why on June 7, help rebuild in Oklahoma City are lem. I introduced H.R. 1764, an act to end churches. Churches, don’t you come to Mr. Speaker, Republicans are show- preferential treatment. Based on the the Government and ask for one penny. ing leadership by producing real solu- California Civil Rights Initiative and Forget the fact that you were the tem- tions to the real problems facing Medi- introduced in the other body by Sen- porary mortuary. Forget the fact the care today. If the Clinton Democrats ators HELMS and SMITH, H.R. 1764 FBI used you as a headquarters. Forget want to be relevant, I say it is time to eliminates all Federal affirmative ac- the fact you suffered damage like every put up or shut up. It is time to act re- tion programs in public employment, other business in Oklahoma City. We sponsibly and offer solutions, not criti- public contracting, and programs pro- are the Federal Government. We will cisms. viding race-based benefits in education. help the local saloon. We are not going f H.R. 1764, puts America on the color- to help the local church.’’ blind path envisioned by true believers What do you call this? In God trust? OFFERING SOME SOLUTIONS in civil rights. It puts us on the road What a great thing to hear about the The SPEAKER pro tempore. For where skill and initiative determines Federal Government: Not one penny what purpose does the gentleman from an American’s future, rather than skin for a local church. Massachusetts rise? color or where his parents came from. f Mr. FRANK of Massachusetts. I ask Mr. Speaker, it really is long past unanimous consent to offer some solu- time to end affirmative action. Sup- RESUMPTION OF NUCLEAR TEST- tions, for 1 minute. port H.R. 1764, and put America back ING BY FRANCE IN THE SOUTH The SPEAKER pro tempore. The gen- where it belongs. PACIFIC WOULD RAISE DEEP CONCERNS tleman is recognized for 1 minute. f Mr. FRANK of Massachusetts. Mr. (Mr. UNDERWOOD asked and was Speaker, well, one solution to the prob- HEALTH CARE REDUCTIONS, TAX given permission to address the House lem would be not to build more B–2 BREAKS FOR SPECIAL INTERESTS for 1 minute and to revise and extend bombers that we do not need, not to (Ms. WOOLSEY asked and was given his remarks.) build more Sea Wolf submarines, not to permission to address the House for 1 Mr. UNDERWOOD. Mr. Speaker, I add billions to the President’s budget minute and to revise and extend her re- rise today to express my deep concern for defense, and instead put that into marks.) about the possible resumption of nu- Medicare. Ms. WOOLSEY. Mr. Speaker, Repub- clear testing by the Government of Medicare does need some help, and if licans continue to talk about the tough France in the South Pacific. the Republicans would stop increasing choices they have had to make in Not only does the resumption of test- military spending beyond what we need crafting their budget. I agree. Choosing ing raise serious environmental con- and instead use it for Medicare, that to take health care away from our sen- cerns for the people of the Pacific who would help, in particular. iors in order to pay for special interest have unfortunately gained a firsthand We heard the most astounding thing tax breaks is certainly a tough choice, appreciation of the hazards of nuclear today. The chairman of the Committee and I cannot understand why they weapons over the past 50 years, but this on Rules said that an amendment of- made it. issue has a larger international dy- fered by the second ranking Democrat Why did they choose lower payments namic. on the Committee on Armed Services to hospitals in order to give tax breaks Only a few weeks ago, some 170 na- could not be debated, and it would have to large corporations? Why did they tions agreed to extend the Non-Pro- allowed the House to vote on whether choose higher premiums and higher liferation Treaty indefinitely. Central or not we should add $9 billion over the copayments for seniors of all income to that decision was the expectation President’s request for the military. levels, in order to lower taxes for the that the nuclear weapons states would They want to raise the budget by $9 most affluent? Why are they giving complete a comprehensive nuclear test billion in that regard, and the chair- seniors fewer choices of doctors so that ban on all nuclear testing no later than man of the Committee on Rules said, gas and oil companies get away with 1996 and that they will refrain from ‘‘Oh, no, it is too delicate. We are nego- paying no taxes? testing until that time. tiating now with the Senate, so we can- Mr. Speaker, only in Republican A resumption of French testing will not let you vote on it.’’ In other words, Washington is this reckless attack on destroy this historic opportunity and to preserve their negotiating position our seniors called a reduction in the seriously undermine international ef- with the Senate, apparently knowing rate of increase. forts to curb the proliferation of nu- that it is a weak one, they will muffle f clear weapons. With the recent Chinese this House, they will stifle this House. nuclear test, this is the time to stand And so you want to help Medicare? PRIORITIES OF FEDERAL our ground and affirm our leadership Do not waste that $9 billion. Use it ASSISTANCE IN OKLAHOMA CITY on the nuclear test ban issue. where it is needed. (Mr. MCINNIS asked and was given Today, I am initiating a letter to f permission to address the House for 1 President Clinton urging him to re- minute.) ceive assurances from French Presi- INTRODUCTION OF H.R. 1764, AN Mr. MCINNIS. Mr. Speaker, as we dent Jacques Chirac in their meeting ACT TO END PREFERENTIAL know, there was a horrible tragedy in tomorrow that France will continue its TREATMENT Oklahoma City, and our Federal Gov- current testing moratorium. I encour- (Mr. FUNDERBURK asked and was ernment has responded accordingly, as age my colleagues to join me in signing given permission to address the House they do to other natural emergencies this important letter. Let us say bon for 1 minute and to revise and extend or manmade emergencies. They go jour to the President, but au revoir to his remarks.) down and offer assistance to help the French testing. Mr. FUNDERBURK. Mr. Speaker, of affected area rebuild, and that is ex- f all of the ideas invented by the Amer- actly what they have done in Okla- ican left, none has been more destruc- homa City. LIBERALS OFFER NO IDEAS, ONLY tive to the American notion of fair First of all, keep in mind what is FEAR play and equal justice than affirmative above the Speaker. It says, ‘‘In God we (Mr. BAKER of California asked and action. It has changed America from a trust.’’ The Federal Government went was given permission to address the country grounded in individual rights down there and said to the businesses House for 1 minute and to revise and to one where justice is determined by in Oklahoma City, ‘‘Whether you own a extend his remarks.) what is done for and to one’s racial or saloon, whether you own a moviehouse Mr. BAKER of California. Mr. Speak- ethnic group. that shows X-rated films,’’ not exactly er, President Franklin Roosevelt said Discrimination is wrong, period, and regardless, but almost regardless, ‘‘we ‘‘We have nothing to fear but fear it- affirmative action is nothing more will help you rebuild. There is one ex- self.’’ June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5779 Winston Churchill told the British medical needs. Republicans are deter- leave the system the way it is. There people, ‘‘I have nothing to offer but mined to ensure that they can continue have to be some changes.’’ blood, toil, tears and sweat.’’ to depend on it by strengthening and Thank goodness. Finally we are The liberals in this chamber have de- protecting the current Medicare sys- going to be able to talk rationally cided to put those two bold and spirited tem. about this, come up with solutions, quotes together to come up with their We will cut the waste and fraud from work together in a bipartisan way and new motto, ‘‘We have nothing to offer Medicare and increase the amount we stop throwing stones, as we have seen but fear itself.’’ spend on each recipient. We will create in the well here for the past several Everyday we see a parade of liberals a series of new choices within the cur- months on Medicare. It is not a politi- come down to the well, not to shed rent system so seniors are not forced cal issue; it is a policy problem for the light and clarify, but to distort and into a system they do not want. senior citizens of this country and for sow fear. Mr. Speaker, the bottom line is, sen- the next generation as well. They tell seniors we are slashing iors want a Medicare system that of- f Medicare, when the truth is that we fers the best care at the lowest cost are increasing spending on Medicare by and gives them maximum control over WHY I OPPOSE THE KASICH 33 percent per senior over the next 7 their own health care. Republicans will AMENDMENT years. give them that system. (Mr. DICKS asked and was given per- They tell children we are going to mission to address the House for 1 take their lunches away, when the f minute and to revise and extend his re- truth is we will spend more on them, NATIONAL LABORATORIES marks.) 4.5 percent more each year. (Mr. RICHARDSON asked and was Mr. DICKS. Mr. Speaker, I rise today They tell students we are going to given permission to address the House in very strong support of the funding cut student loans, when the truth is we for 1 minute and to revise and extend provided in the House Committee on are strengthening the student loan pro- his remarks.) Armed Services bill for long-lead fund- gram. Mr. RICHARDSON. Mr. Speaker, the All the liberals offer is fear. No ideas. ing for three additional B–2 bombers. I Republican budget plan makes drastic No plans of their own. No leadership. served on the Defense Subcommittee What would Franklin Roosevelt cuts in high-tech energy research at for 17 years and remember well when think. our National Laboratories. It cuts the President Carter and Secretary Brown fossil energy and energy conservation made the decision to go ahead with the f research and development by more stealth bomber. AFFIRMATIVE ACTION than half. This is shortsighted and I am convinced that in the Gulf War (Mr. LEWIS of Georgia asked and was wasteful. one of the reasons that we were able to given permission to address the House These cuts will come at a time when win the war quickly and convincingly for 1 minute and to revise and extend Labs such as those at Las Alamos and is the effective work of the F–117, the his remarks.) Sandia in my home State of New Mex- stealth attack aircraft. It was able to Mr. LEWIS of Georgia. Mr. Speaker, ico are making critical breakthroughs go into the most heavily defended I rise today to express my concern over in the civilian applications of research areas and with 2,000 pound precision- Monday’s Supreme Court decision on in areas such as energy production and guided munitions take out enemy sur- affirmative action. I believe this ruling conservation, pollution control, and face-to-air missiles. That is an amazing sends the wrong message. pharmaceutical design. capability. I believe there is no justification in In addition to their important work The B–2 has 8 times the carrying ca- diminishing the power of the Federal in technologies which provide for our pacity of the F–117. It can go 6 times as Government in building a diverse national security, these research devel- far. I am convinced that in the future workplace and ensuring opportunity opments will make American industry it presents us with the potential of a for all Americans. more efficient and safer for the envi- conventional deterrent. If we load it up Mr. Speaker, the American people ronment, as well as more competitive with smart conventional weapons, we should know that affirmative action in the global market. can stop an enemy division from invad- does not promote unqualified people Competitive American industry ing in the future into Kuwait. and firms into jobs and institutions. means more jobs for Americans, Mr. So, Mr. Speaker, I hope we will sup- Instead, it has provided minorities and Speaker. Our National Labs are essen- port the committee and oppose the Ka- women equal access to education, jobs, tial to this goal. sich amendment. and contracts. f f Affirmative action is an important tool to address the persistent dilemma EVEN THE PRESIDENT SAYS REPUBLICANS PLEDGED TO SAVE of racial and gender inequality and dis- THERE HAVE TO BE SOME MEDICARE crimination. Now more than ever be- CHANGES (Mr. DAVIS asked and was given per- fore, we need affirmative action be- (Mr. HOKE asked and was given per- mission to address the House for 1 cause the scars and stains of racism mission to address the House for 1 minute and to revise and extend his re- and bigotry are still deeply embedded minute and to revise and extend his re- marks.) in the American society. We cannot go marks.) Mr. DAVIS. Mr. Speaker, here is a back and we must not go back. Mr. HOKE. Good news, America. We quote from the Medicare trustees re- f are finally going to get to the point in port: ‘‘Under all sets of assumptions, the Medicare debate where we are the trust fund is predicted to become MEDICARE IS IN DANGER going to actually talk about the facts. exhausted even before the major demo- (Mr. WELDON of Florida asked and As you know, back in March the graphic shift begins.’’ was given permission to address the Medicare trustees said the fund is pro- In other words, the trustees have House for 1 minute and to revise and jected to be exhausted in 2001, and yet considered the impending bankruptcy extend his remarks.) we have heard repeatedly the big lie, of Medicare from many different angles Mr. WELDON of Florida. Mr. Speak- that Republicans are slashing Medi- and have concluded that, no matter er, Medicare is in danger. President care. In fact, finally the President has what calculations are used, Medicare is Clinton’s own trustees say Medicare said just yesterday—well, it was on going broke. Not only is Medicare will be broke in 7 years. Seven years. Sunday that he said, ‘‘No one seriously going broke, it will go broke even be- That means that if your parents, or believes that the budget can be bal- fore the baby boomers begin to retire. grandparents, are 58 years old, there anced unless we can reduce the rate of In fact, it will be bankrupt in about 7 will be no Medicare for them when they increase in Medicare costs,’’ and then years, if nothing is done. become eligible at age 65. he went on to say, ‘‘As you know, I be- Mr. Speaker, saving Medicare is not Mr. Speaker, our senior citizens de- lieve—well, let me say there are going about calculus. It is not about num- pend on Medicare for their day-to-day to have to be some changes. We cannot bers. It is about people who are 58 H 5780 CONGRESSIONAL RECORD — HOUSE June 13, 1995 years old today who will not have the We need to save the health care sys- 18 months after they file, whether they benefit of Medicare when they retire in tem, revise insurance and tort reform are issued or not, the patent, the pat- 2002. It is about our parents and grand- and others but, yes, we are going to in- ent is published, meaning the whole parents whose health care needs are crease the amount of Medicare spend- world is going to get to see what our met today because of Medicare. ing from $4,800 to $6,400 per person, and inventors and investors have come up Republicans will not let Medicare go they said, ‘‘Well, is there pain?’’ with even before the patent is issued.’’ broke. We are acting to protect, pre- Think about the pain of a senior citi- It is a come in here and steal our tech- serve, and save Medicare. And, we will zen on a fixed income having to in- nology bill. not break faith with the generation crease their Medicare premiums by 300 That piece of legislation has to stop. that guided America through the De- percent. They cannot do it. We need to Restore American patent rights to the pression, a world war, and the cold war. protect the system. American people. f f f CHANGING THE DIET THAT IS POI- WHITE HOUSE WEATHER VANE OUR PILOTS ARE WORTH IT SONING THE MINDS OF OUR HAS SHIFTED AGAIN (Mr. HUNTER asked and was given CHILDREN (Mr. KINGSTON asked and was given permission to address the House for 1 (Mr. MORAN asked and was given permission to address the House for 1 minute and to revise and extend his re- permission to address the House for 1 minute and to revise and extend his re- marks.) minute and to revise and extend his re- marks.) Mr. HUNTER. Mr. Speaker, my col- marks.) Mr. KINGSTON. Mr. Speaker, mean- leagues, today we are going to be vot- Mr. MORAN. Mr. Speaker, Americans while, back at the White House, the ing on a very important measure, the have been reading much about the vio- weather vane has shifted again. After measure offered by the gentleman from lence, the sex, the vulgarity that is on months of silence, inaction and a game California [Mr. DELLUMS] and the gen- the media today. It is a constant diet, of where is Bill, the President has de- tleman from Ohio [Mr. KASICH] to cut and it is children that are consuming cided to enter the balanced budget de- the B–2 bomber, and that vote, I think, that diet. bate. is very much related to an incident We will offer legislation to the tele- I ask, ‘‘Well, isn’t that a risky thing that happened just a few days ago, and communications bill when it reaches to do? The House has already passed its that was the shooting down of the F–16 the floor, and I would hope that my balanced budget, the Senate has al- aircraft that was carrying our pilot, colleagues would support that legisla- ready passed its balanced budget. Why Scott O’Grady, over the skies of tion because what it does is to em- not go ahead and place a bet on the Bosnia. power parents to block out programs Houston versus Orlando game while During Vietnam, Mr. Speaker, we that contain explicit violence, gratu- you’re at it, Mr. President?’’ lost 2,300 aircraft, shot down, most of itous sex and vulgarity, even when But, as my colleagues know, it is them picked up on SAM radar, surface- those parents are not able to be home going to be typical, a 5-minute speech to-air missile radar, made in the Soviet looking over the shoulders of their to balance the budget, no words, no Union, and hit by SAM missiles. So we children to see what they are watching. chart, no math, no particular plans, developed a new technology, an ability We require that a V chip be inserted just words, words from this administra- to evade radar. That is a stealth tech- in all new manufactured television tion. nology that is embodied in the B–2 sets. This is not a burdensome require- Well, that is reassuring. But I wel- bomber. ment when produced in quantity. It is come his reemergence. We need to have If we deny the B–2 bomber to our pi- only about $5 per television set, but it a debate, and, even if it is after the lots, we are going to be doing some- is the kind of technology we ought to fact, let us get on with it. thing we never did in the history of use to change the diet that is poisoning f American aviation, and that is tell our the minds of our children day in and pilots and the crews that we had a sys- day out. RESTORE AMERICAN PATENT tem that could have protected them, Mr. Speaker, I would appreciate my RIGHTS TO THE AMERICAN PEO- but we did not do it. We did not buy it colleagues’ support for this measure. PLE because we thought it was too expen- f (Mr. ROHRABACHER asked and was sive and they were not worth it. INCREASES IN MEDICARE AND given permission to address the House f MEDICAID WHILE REDUCING THE for 1 minute and to revise and extend THAT IS THE REST OF THE STORY RATE OF GROWTH his remarks.) Mr. ROHRABACHER. Mr. Speaker, (Mr. CUNNINGHAM asked and was (Mr. WISE asked and was given per- unbeknownst to most Americans and given permission to address the House mission to address the House for 1 many of my colleagues, a provision was for 1 minute and to revise and extend minute.) snuck into last year’s GATT imple- Mr. WISE. Mr. Speaker, I have wait- his remarks.) menting legislation that dramatically Mr. CUNNINGHAM. Mr. Speaker, I ed and heard a lot about Medicare, peo- reduces the certain patent protection would like to read the words of Presi- ple saying there are distortions coming enjoyed by Americans, American inves- dent Bill Clinton: from this side of the aisle and so on. As tors and American inventors for over noted radio commentator Paul Harvey Today Medicaid and Medicare are going up at three times the rate of inflation. We pro- 100 years. It was a rip-off of the control says, ‘‘Let’s hear the rest of the story.’’ pose to let it go up at two times the rate of and benefit of technology that was cre- For those who say the President’s re- inflation. ated by our own people and by the marks the other day with the Speaker That is about 6 percent. The House technology that was created by the in- said there must be Medicare cuts, the bill is 5 percent, the Senate is 6 per- vestors who helped finance that tech- President has always said that Medi- cent, the same exact thing as Bill Clin- nology. care must be restructured, but in the ton said. I have a bill, H.R. 359, with 168 co- context of total health care and bring- That is not a Medicare or Medicaid cut. So, sponsors, to restore America’s patent ing total health care costs down. when you hear all this business about cuts, rights before the damage is done. Well, To those who keep holding up the let me caution you that that is not what is while my bill is being held hostage and bloody shirt of the trustees’ report, but going on. We are going to have increases in prisoner by the subcommittee, and no let me say that that trustees’ report, Medicare and Medicaid and reduction in the one has been able to hold a hearing on and indeed one of the trustees, has rate of growth. my bill with 168 cosponsors, adding in- said, ‘‘You can solve Medicare’s prob- And the President said, ‘‘Well, I tied sult to injury, another bill has been lems by cutting far less than what the that to a health care bill.’’ Well, re- heard, and what does this bill do? Republican balanced budget proposal member the President’s health care This new piece of patent legislation, does.’’ bill got zero votes from any Democrats and get this, Mr. and Mrs. America, For those who say that it is really we or Republicans? said, ‘‘If our inventors file for a patent, who are talking about increases in June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5781 Medicare, not cuts, what about the sen- five months. There are large pockets of Colleague.’’ It saves some of you who ior citizen who will pay $3,500 more out money in the field, so let’s get moving. will miss reading it. of pocket over the next 7 years, pay In essence what they are saying is Dear Colleague: I will be offering an more deductibles and copayments? they want to blow $1.9 billion as quick- amendment today, not this week, with The rest of the story is very clear. ly as possible because they are two- the support of the leadership of the Na- All these reductions in Medicare go not thirds of the way through the year and tional Security Committee, that would to balancing the budget, but to paying they have only spent one-third of the restrict cooperative threat reduction for a tax cut for the wealthiest individ- money. aid, a good idea, to the former Soviet uals, mostly the wealthiest individuals AID is on a spending orgy. It needs to Union. Restrict it, unless and until in this country. One and a half percent be stopped and I call on my colleagues President Clinton certifies to Congress of the people get 51 percent of the tax on the Appropriations Committee to do that Russia has terminated all work on cut benefits, and yet a hundred percent the right thing and make deeper cuts offensive biological weapons. No such of senior citizens end up paying up to in AID. thing as defensive biological warfare. Senator SAM NUNN and Senator RICH- $3,500 more. f Now that is the rest of the story. ARD LUGAR, both parties, their funding is designed to reduce the threat of f RESTRICT AID UNTIL RUSSIA ENDS WORK ON BIOLOGICAL weapons of mass destruction being used ANNOUNCEMENT BY THE SPEAKER WEAPONS against our country or our allies by as- PRO TEMPORE sisting our former enemy, the Rus- (Mr. DORNAN asked and was given sians, in dismantling their systems. The SPEAKER pro tempore (Mr. permission to address the House for 1 Unfortunately, the record of Russian WICKER). As 1-minute speeches have al- minute and to revise and extend his re- compliance with the intent of this aid most concluded, the Chair will again marks.) is very poor indeed. In the area of bio- remind Members to refrain from ref- Mr. DORNAN. Mr. Speaker, I guess logical weapons, that is hot zone stuff, erences and debate on matters pending all of the people who track our pro- weapons that can be cheaply, cheaply before the Committee on Standards of ceedings electronically before they manufactured and easily proliferated Official Conduct. pour over the written CONGRESSIONAL to potential U.S. adversaries, their f RECORD the next day, Mr. Speaker, are record is dreadful. Consider the follow- aware we have taken a break to pay ing regarding continued Russian work b 1430 homage to a beloved Member of this under Yeltsin on offensive biological DEEP CUTS NEEDED IN AID Chamber for 20 years, Les Aspin, the weapons, sometimes known as the poor former Secretary of Defense, and who man’s atomic bomb. (Mr. BURTON of Indiana asked and was heading up an important intel- Russia continues to invest in biologi- was given permission to address the ligence reform committee when God cal weapons. In 1993, according to press House for 2 minutes and to revise and took him. reports, defecting Russian scientists, extend his remarks.) He is now in heaven, because he was quoting from the Washington Post, Mr. BURTON of Indiana. Mr. Speak- a good man, talking to all those Rang- Vladimir Pasechnik, revealed that the er, last week I offered an amendment ers and Delta Special Forces guys in Soviet Union and Russia had violated to the foreign aid bill to cut the Agen- the 160th Special Ops Aviation Regi- the 1972 Biological Weapons Conven- cy for International Development’s op- ment at Fort Campbell, the world’s tion, we are signatories, that outlaws erating expenses by $69 million from very, very best helicopter air crews, he the development or production of bac- the Committee on International Rela- is talking to all those guys and work- teriological weapons by continuing to tions recommendation of $465 million. ing out what went wrong, that our men produce such weapons. Pasechnik had The committee cut the administra- did not have their gunships overhead, recently served in an organization tion’s request by just 10 percent. My their Spectre Hercules AC–130 gunships known as Biopreparat, with about 400 amendment would have cut the admin- and did not have tanks. I guess Les has other scientists working on genetic en- istration’s request by 23 percent from found out by now what laws were vio- gineering of germ weapons. what AID received in 1995. lated that we had two Bradley fighting This is sick in the sense of civiliza- Unbelievably, that amendment was vehicles and two M–1 Abrams tanks at tion, it is diabolically evil. Four hun- defeated. Those who opposed it said Waco, four armored vehicles, against dred scientists working on it. AID would not be able to economize U.S. law, posse comitatus, no military This defector claims Russia has de- and prioritize under such a reduced equipment to ever be used against ci- veloped a super plague, this means be- budget and would have to close down. vilians. Why did not they have a F–16 yond the Ebola virus, beyond the AIDS That is just hogwash, Mr. Speaker. If fighter roll in and strafe Waco, just virus, a super plague, that could kill congressional committees can reduce half of the population of a major city outside, to scare them, and make them their staffs by 30 percent and the Gen- in 1 week. Former CIA Director Robert all run out choking with tear gas, eral Accounting Office can reduce its Gates testified in 1993 that the CIA be- which, of course, 22 children could not staff by 15 percent, then AID, the most lieves the Russian military is continu- do. notorious abuser of taxpayers’ dollars, ing to work clandestinely on illegal bi- So there are a lot of things that went can cut its operating expenses by 23 ological weapons without the knowl- wrong under Les in the end. But you percent. edge of Russian civilian leaders. have to take a man’s whole life, and Since 1985, AID’s program costs have End of Post story, not know as an Les’s whole life was one of great activ- gone down by 23 percent, yet their op- organ of the dispensing of conservative ity and work and dedication to his erating expenses, even though they information. country. have had their program costs go down, I close, Mr. Speaker, by saying we I wish this defense bill was not so their operating expenses have in- are spending hundreds of millions of critical, I am glad I am a chairman, creased by 41 percent. taxpayer dollars on a program to re- one of FLOYD SPENCE’S five subcommit- AID should have to tighten its belt duce the Russian nuclear threat, yet tee chairmen, but I have got to say just like everybody else in this country they continue to work on offensive bio- here and prepare for the debate, and and Government. Listen to what Sally logical weapons. that is what I want to talk about. Shelton, a senior staffer at AID, said in This amendment of mine does not We will have an amendment coming a message she sent to the AID’s field stop or reduce the aid, the Nunn-Lugar up, Mr. Speaker, and all colleagues lis- offices: aid. Now that we are in the majority, tening in their offices and all staffers you can call it Lugar-Nunn. It only Larry Byrne, the Assistant Director of listening and 1.5 million people watch- conditions it on certification that such AID, announced that AID was 62 percent through this fiscal year, and we have only ing on C–SPAN, on the Soviet continu- work on biological weapons has been spent 38 percent of the dollar volume of pro- ing ongoing effort to develop weapons terminated. I urge a yes vote on the curement actions completed. We need to do of mass destruction in the ugly area of Dornan language on this biological $1.9 billion in additional spending in the next biological warfare. So here is my ‘‘Dear weapons program. H 5782 CONGRESSIONAL RECORD — HOUSE June 13, 1995 RECESS moted, without a strong military. We Second, It preserves near and far- The SPEAKER pro tempore. Pursu- still live in a violent world: from eth- term military readiness by more ant to clause 12 of rule I, the House nic conflicts to regional wars, the Unit- robustly funding core readiness ac- stands in recess until 3:30 p.m. ed States has faced and will face a host counts and by creating a mechanism Accordingly (at 2 o’clock and 39 min- of challenges to its national interests. for funding the growing number of utes p.m.), the House stood in recess Nor have all the changes we have unbudgeted contingency operations until 3:30 p.m. seen in the post-cold-war world been from non-readiness accounts. benign. The crumbling of communism Third, it dramatically increases f has rekindled rivalries and hatreds fro- weapons modernization funding in re- AFTER RECESS zen in place for decades. In Asia, Afri- sponse to the administration’s having ca, Europe, and even here in the Ameri- mortgaged these programs to address b 1533 cas, armed force remains the ultimate near-term shortfalls. Modernization The recess having expired, the House arbiter of political disputes. will help to ensure cutting edge tech- was called to order by the Speaker pro The Clinton administration has re- nology on the battlefield in the future, tempore (Mr. TALENT) at 3’o’clock and sponded to this growing chaos with an as well as a viable industrial base to 30 minutes p.m. ambitious but ill-defined strategy of provide this technology. engagement and enlargement. The Fourth, it begins to aggressively re- f President has resolved to be able to form the bloated and unresponsive Pen- NATIONAL DEFENSE AUTHORIZA- fight and win two nearly simultaneous tagon bureaucracy by reducing a grow- TION ACT FOR FISCAL YEAR 1996 major regional wars in the decisive ing civilian Secretariat as well as the fashion Americans demand. Moreover, acquisition work force, streamlining The SPEAKER pro tempore. Pursu- this administration has taken on an in- the procurement process, and eliminat- ant to House Resolution 164 and rule creased number of commitments in the ing nondefense research and encourag- XXIII, the Chair declares the House in form of a wide range of U.N.-led peace ing privatization initiatives. This last the Committee of the Whole House on operations. pillar, in particular, is essential for the State of the Union for the consider- While asking more of our soldiers, generating longterm savings needed to ation of the bill, H.R. 1530. sailors, airmen, and marines, the ad- maintain American military might IN THE COMMITTEE OF THE WHOLE ministration is simultaneously giving over time as well as creating a more Accordingly, the House resolved it- them fewer tools to work with: fewer agile Defense Department able to re- self into the Committee of the Whole troops, fewer new weapons, fewer train- spond in a timely manner to new chal- House on the State of the Union for the ing opportunities. What was once a lenges. Our men and women in uni- consideration of the bill (H.R. 1530) to cautious and disciplined reduction in form, and certainly the taxpayers, de- authorize appropriations for fiscal year American forces has plunged into a serve no less. 1996 for military activities of the De- decade of defense decline—a decline These four pillars are central to a partment of Defense, to prescribe mili- that has created a dangerous $250 bil- sound defense program, one that can tary personnel strengths for fiscal year lion gap between strategy and re- begin to bridge the gap between strat- 1996, and for other purposes with Mr. sources. The administration can nei- egy and resources. This bill protects the peace we have won in the cold war EMERSON in the Chair. ther honor its present strategic com- and prepares us to prevail quickly and The Clerk read the title of the bill. mitments nor prepare for future chal- decisively in the future. I urge my col- The CHAIRMAN. Pursuant to the lenges. rule, the bill is considered as having For the first time in a decade, the de- leagues to support H.R. 1530. It is a bi- been read the first time. fense authorization bill says—STOP. partisan bill on an important set of bi- Under the rule, the gentleman from Stop the slide in defense spending. Stop partisan issues. Mr. Chairman, I reserve the balance South Carolina [Mr. SPENCE] and the the dissipation of our military power gentleman from California [Mr. DEL- of my time. on futile missions. Stop the postponing Mr. DELLUMS. Mr. Chairman, I LUMS] will each be recognized for 1 of proper training. Stop the decline of yield myself such time as I may hour. our defense industrial base. Stop the consume. The Chair recognizes the gentleman erosion of servicemembers’ quality of (Mr. DELLUMS asked and was given from South Carolina [Mr. SPENCE]. life. Stop frittering away defense re- permission to revise and extend his re- Mr. SPENCE. Mr. Chairman, pursu- sources on nondefense research. Stop marks.) ant to section 5(c) of House Resolution the shell game that is mortgaging Mr. DELLUMS. Mr. Chairman, I rise 164, I request that during the consider- long-term modernization needs in order in opposition to the recommendation of ation of H.R. 1530, amendments number to plug holes in underfunded near-term the Committee on National Security 1 and 2 printed in subpart B of part 1 of readiness and quality of life accounts. on the bill before the body at this time, House Report 104–136 be considered be- This bill also starts the process of re- H.R. 1530, as amended. fore amendment number 1 printed in vitalizing America’s defenses. Be sure Mr. Chairman, the overall level of ex- subpart A of part 1 of that report. that American soldiers are under penditures contained within the bill is The CHAIRMAN. The gentleman’s re- American command. Set a clear course too high, even though within the budg- quest is noted. for stable and predictable defense et resolution limits. The bill’s spending Mr. SPENCE. Mr. Speaker, I yield spending. Provide the men and women returns us to cold war priorities, and myself such time as I may consume. who wear an American uniform with numerous provisions promote extreme (Mr. SPENCE asked and was given adequate training. Preserve the tech- agendas on major social issues. permission to revise and extend his re- nological edge that is a force multi- Deliberation on the bill has been so marks.) plier and saves lives. Guarantee a de- frustrated that the committee’s well- Mr. SPENCE. Mr. Chairman, I rise in cent standard of living for them and developed and well-earned legacy of bi- support of H.R. 1530, the National De- their families. Protect our troops partisanship has tattered because of fense Authorization Act for fiscal year abroad and Americans here at home the unwillingness sincerely to solicit 1996. from the threat of ballistic missiles. administration and alternative views. This bill is the first since the end of This bill’s efforts to bridge the grow- H.R. 1530 contains numerous and the cold war to truly look to the future ing inconsistencies between strategy sweeping provisions that have been de- while not ignoring the present. Much and resource, and therefore begin a veloped without, Mr. Chairman, and I has changed since the fall of the Berlin meaningful revitalization of our de- underscore for emphasis without, the Wall and the collapse of Soviet com- fenses, rests on four pillars: benefit of full consultation with the ad- munism, but much remains the same. First, it improves the quality of serv- ministration and others, and have not First and foremost, the United States ice life by raising pay, enhancing hous- been illuminated properly even by the is still a superpower with global, politi- ing benefits, increasing construction of subcommittee’s and full committee’s cal, economic, and moral interests. Yet family housing and prohibiting deeper hearing process. These include initia- none of these can be protected, nor pro- cuts in manpower levels. tives and personnel matters, weapons June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5783 procurement, research and develop- have the committee bill conform to the move toward conversion, to go from ment, foreign policy initiatives, and ABM Treaty or to limit development swords to plowshares in very specific acquisition reform. activities that would violate the treaty terms. Yet we challenge these pro- The committee, Mr. Chairman, would were successfully resisted by the ma- grams. The logic of that defies under- embark upon an extraordinary costly jority. standing. program to purchase new B–2 bombers, I would submit to you, Mr. Chair- Further, not all of the programs with even after all of the testimony the man, that anytime we proceed to move the bill are money spending programs, committee received by the Department beyond significant treaties, we ought Mr. Chairman: abortion, HIV status, El of Defense and the services concluded to do so thoughtfully and cautiously Salvador medals to people when we that additional B–2’s were not needed, and carefully. And if my colleagues are told people we in America were not and that their purchase would crowd saying they do not wish at this time to waging war in El Salvador. Suddenly out other higher priority programs. violate the ABM Treaty, why not a now we want to give medals. We are Yes, we will later today debate more simple inclusion of propositions that saying we really were involved in the fully this issue, but the inclusion of maintain the integrity of the ABM war in El Salvador? That is in this bill. funding for additional B–2’s is suffi- Treaty? That was not done. I leave that Other contentious items were placed cient reason alone to reject this com- for your consideration and to draw in the bill without benefit of commit- mittee report. whatever conclusions you choose to tee inquiry. Mr. Chairman, I know I Parenthetically, Mr. Chairman, this draw. have my politics. We all have different bill contains $553 million to begin long- Mr. Chairman, part of the bill payers politics. That is the nature of the polit- lead items for two additional B–2 for the acquisition surge were vitally ical system is to engage each others’ bombers that ultimately results in an important environmental cleanup pro- different perspectives and different effort to build 20 additional B–2 bomb- grams that the Departments of Energy points of view, derive a consensus and ers. At a time when we just came and Defense are required by law or by move forward, but because we are legis- through a budget process that will visit litigation to complete and for which it lators, we have designed a specific leg- pain and human misery by virtue of is our obligation to provide them the islative process that allows us to en- the draconian cuts in that budget upon funding. None of the amendments that gage these issues substantively at the the children of this country, mothers would restore these funds were made in subcommittee and full committee level in this country, senior citizens in this order. prior to consideration on the floor of country, veterans, and farmers, and Mr. Chairman, at a time when bases Congress. others in America, this bill calls for be- are closing throughout America, at a Many of these issues were never dealt ginning to go down the road toward the time when there is need to clean up with significantly at the subcommittee expenditure of $31.5 billion to build 20 those bases that we dirtied, in order to or full committee level. The process is planes, $19.7 billion to build them and allow communities to take that land flawed. to equip them, $11.8 billion to operate and property and go forward with com- The committee squeezed $171 million and maintain them throughout the life munity and commercial higher and from the Nunn-Lugar nuclear weapons cycle of that plane. At a time when we better use, we are saying we are cut- dismantlement program to finance are in community meetings saying we ting environmental programs designed projects and weapons systems of less must visit pain upon all of America in to clean up those facilities, rendering effective value to the Nation’s secu- order to balance the budget, $31.5 bil- some communities in this country im- rity, despite Secretary Perry’s state- lion, the Secretary of Defense said no, potent in their capacity to take that ment that this program was one of his we do not want them, we do not need land and build schools and playgrounds highest priorities. them. The chair of the Joint Chiefs of and develop commercial activities Mr. Chairman, this program is de- Staff and the vice-chair know we do throughout America in order to allow signed to dismantle nuclear weapons not want them, know we do not need us to move beyond the politics of the developed by the former Soviet Union. them. cold war. In order to develop a vibrant We were spending, in the decade of the economy that speaks to the post-cold 1980’s, in excess of $300 billion per b 1545 war, we cut funds. That logic of that annum in order to prepare to poten- An independent study by the Insti- defies understanding, and it escapes tially wage war, even the insanity of tute for Defense Analysis: ‘‘No, we this gentleman. nuclear war, with the Soviet Union. don’t need them, we don’t want them, Part came from dual-use programs Now, for a measly few dollars in a we can’t afford them, and there are that are being used to position the in- multibillion-dollar budget, we cut $160 cost-effective alternatives.’’ An inde- dustrial base to be able to support fully million that would dismantle these pendent role and missions study said, the emerging defense industrial chal- weapons. ‘‘No, we don’t want them, no, we don’t lenges of the century to come. Such What could be more in the interests need them.’’ shortsightedness, Mr. Chairman, in of the children of this country than to But this bill, we start down the road cutting these funds in order to pay in dismantle nuclear weapons from the toward a $31.5 billion expenditure to part for lower-priority cold war-era former Soviet Union? The economics of the American taxpayer. Mr. Chairman, weapons should be rejected by the that defies logic, but we take this the bill places more resources towards House. money to purchase more weapons. weapons acquisition, despite clear tes- We must begin to embrace the con- And I will argue in the context of the timony by Secretary Perry that the cept of conversion. How do we move B–2 that is not about national security. Department has a procurement strat- from a cold war military-reliant econ- It is about where the weapons are egy that will secure the timely mod- omy to a post-cold war economy? I built, where the weapons take off and ernization of the weapons inventory would suggest to you, Mr. Chairman, it where they land. It is about parochial- and guarantee future readiness. means embracing the principles of con- ism. It is not about national security. Rushing to replace weapons that are version. How do you move from build- It is about billions and billions of tax- fairly young both wastes taxpayers’ ing B–2 bombers to building efficient, payers’ dollars going in the wrong dollars and could, indeed, spark a new effective mass transit systems? How do place when we are denying our children arms race. you move from building weapons of better educations or people in this The majority made several assur- mass destruction that rain terror and country better health care and other ances that it was not their intention to pain and human misery on people to things. We are purchasing weapons sys- now develop theater missile defense enhancing the quality of human life? tems that we do not need, that speak nor national missile defense systems That is our challenge. That requires to yesterday, not to tomorrow. that would not comply with the ABM the highest and the best in our intel- Mr. Chairman, the bill directly and Treaty nor to cause a breakout from lectual and political capability and un- adversely affects our long-term na- the treaty through the Missile Defense derstanding. tional security interests by erecting Act rewrite. Yet in spite of those asser- The dual-use technology program impediments to participate effectively tions, Mr. Chairman, all attempts to was one of those specific efforts to in U.N. peacekeeping. Clearly, this is a H 5784 CONGRESSIONAL RECORD — HOUSE June 13, 1995 case in which the American people are yond cold war thinking and began to It seeks to impede effective efforts by way ahead of the committee in com- move us toward a post-cold-war na- the Department of Defense to ready it- prehending the enduring moral value, tional security strategy. When the Ber- self for the challenges of the current financial benefit and the advantage lin Wall came down, the Soviet Union time and the next generation, all in the generated by having the United States dissipated and the Warsaw Pact van- name of keeping it ready for the types participate fully in peacekeeping ef- ished, it ended the cold war. And I have of challenges which arose in the past. forts in order to control the outbreak said on more than one occasion that This bill represents not just a lost of war and violence. What better con- with the ending of the cold war it ush- opportunity to adjust the changes of tribution to the world than, as the ered in a new era, the post-cold-war our time, but carries with it the tone major, last-standing supervisor, that era, that requires us to take off old la- and substance that has been the basis we participate with the family of na- bels of who is left wing and right wing, of so many destabilizing arms and ideo- tions in peacekeeping, stopping the take off old labels of who is the logical competitions of the past. slaughter and the violence, ending our peacenik and who is the hawk, take off My final comment, I leave you with capacity to wage war? But, no, we old labels and move beyond old para- this, Mr. Chairman, I believe that this render ourselves impotent in this bill. digms to challenge ourselves, to think new era has ushered in for us an incred- We impede ourselves in this bill, not brilliantly and competently about how ible new opportunity, this generation through logic and rational thought, we move toward the 21st century in the as represented by those of us on this but because of political expediency and context of the post-cold-war; great floor. We have been given an enormous lack of careful thinking, we deny our challenges, but also great opportuni- gift. We have been given the gift of an capacity to engage in peacekeeping. ties. This is a moment in a period of opportunity to radically alter the That is the wave of the future. That is transition. world, to make it a safer and sane and America’s role in the future, not con- And the great tragic reality is the stable place for ourselves and our chil- ducting war and savagery on other American people are looking to Wash- dren and our children’s children. human beings, but because of our ra- ington and saying, ‘‘We don’t know We can paint bold strokes across the tionality and our sanity, learning how what to do in the context of the post- canvas of time, leaving our legacy to to keep the peace in the world. That is cold-war. What should we do?’’ And the next generation of one of peace and a profound role that we have to play. many politicians, because they do not security, or we can tinker around at This bill does not get us there. like to get too far out in front of public the margins of change because of our Mr. Chairman, section 3133 would opinion, because you can lose your job caution, because of our insecurity, be- fund a multipurpose reactor tritium doing that, are turning around saying, cause of our fear, and because of our in- production program that will breach ‘‘Don’t ask me. What do you think we security and blow this moment. the fire wall between civilian nuclear ought to do?’’ So the American people power and defense nuclear weapons are asking the political leaders what b 1600 programs with major implications for should they do. The political leaders I hope that our grandchildren and our U.S. nonproliferation efforts and would are asking the American people what great-grandchildren do not look back prematurely anticipate the Secretary to do. In the meantime we are blowing at this moment and say, ‘‘My God, that of Energy’s decisionmaking process to this incredible opportunity to take the generation had a chance to make the identify the best source of tritium pro- world boldly in a different place with world a better place, and they blew the duction. the United States as a major super- opportunity.’’ I believe this bill goes Let me now try to explain briefly the power out in front in a courageous way. down that tragic and sad road. I urge implications of that. This is a multi- No, we are walking backward toward defeat of the bill, and I reserve the bal- purpose tritium reactor. We have em- the cold war. We want to build B–2 ance of my time. braced a principle in the context of our bombers that were cold war weapons. Mr. SPENCE. Mr. Chairman, I yield 3 international relations that says that We want to go back to a national mis- minutes to the gentleman from Vir- we would not cross the line where com- sile defense in cold war era times. We ginia [Mr. BATEMAN]. mercial use of development of nuclear- want to buy weapons systems that Mr. BATEMAN. Mr. Chairman, I capable material could be used for have nothing to do with moving for- thank the chairman of the Committee military purposes. That is an impor- ward. We want to retard our capacity on National Security, the gentleman tant principle in our international un- on peacekeeping initiatives and other from South Carolina [Mr. SPENCE] for derstandings with people. That is why things that would move us rationally yielding this time to me. we wreaked havoc on North Korea, on and logically into the 21st century. We Let me also, while I am on my feet, Iran and on Iraq. are going backward, and this bill un- Mr. Chairman, query: How can we commend him for the excellence of the derscores that. maintain the integrity of the moral leadership that he has provided to the high ground with these countries when This bill reverses the course. It buys Committee on National Security in we question their development of com- more weapons whose design, function, bringing H.R. 1530 to the floor and also mercial-use reactors that could also be and purposes were rooted in cold war commend him, notwithstanding the used to develop nuclear weapons capa- strategy and doctrine. It pushes away vast differences in the point of view bility materials? from an aggressive arms control strat- and perspective between my chairman If we cross the line, why not the rest egy and potentially back toward global and the ranking member, the gen- of the world? We lose the moral high brinksmanship. tleman from California [Mr. DELLUMS], ground. The last couple of weeks we talked for his excellent cooperation and as- Second, this is the mother, this is the about not saddling the children with a sistance in seeing that the committee’s mother of all earmarks. This reactor is budget deficit. Why saddle the children business was fairly transacted. going to one place to one contractor, with the danger of brinksmanship? Let me also speak my appreciation to when last year on this floor we took Why saddle the children with the dan- the ranking member of the Readiness the principled position that earmark- ger of weapons systems we do not need? Subcommittee, the gentleman from ing compromised the credibility and Why challenge the children of this Virginia [Mr. SISISKY] for his unfailing the integrity of the deliberative proc- country with cold war strategies that cooperation and assistance in seeing ess. Yet in this bill, we have an ear- make no sense? that our portion of the bill was dealt mark. It flies in the face of what we are If we are going to be consistent about with, and dealt with very responsibly ostensibly about here, and we need to embracing the future and caring about and effectively. reject this, and we should have a sig- our children, then all of our policies, H.R. 1530 fully funds the military nificant, and hopefully will have, a se- not just the rhetoric of the budget res- services’ operation and training ac- rious debate on this matter. olution, but the reality of the military counts and adds significant resources Mr. Chairman, in the past 2 years the budget and our strategy on national se- to other important readiness activities, defense authorization bills have put curity, should speak eloquently and including real property maintenance, the United States on a path toward be- powerfully to that. to address health, safety, and mission- June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5785 critical deficiencies, depot mainte- will apply to enlisted personnel and of- ranking member of the full committee, nance to reduce backlogs, and base op- ficers 0–3 and below. They could apply for his hard work, and my counterpart, erations support to address shortfalls for a VA guaranteed loan to purchase the gentleman from Missouri [Mr. in programs which sustain mission ca- off-base housing with the Department SKELTON], who did so much to put to- pability, quality of life, and work force of Defense buying down the interest gether a good package that will give productivity. payments for the first 3 years. This national security to this country. Second, H.R. 1530 undertakes a num- program will help to relieve the prob- My colleagues, we lived through the ber of initiatives to reengineer and re- lems we are having on our bases of 1980’s and rebuilt American defense be- form defense business operations and housing shortage. cause we believed in a policy of peace functions performed by the Depart- I also want to point out that the bill through strength, and at times that ment of Defense, its agencies, and the contains $770 million for procurement policy was very heavily criticized. military services to create efficiencies of equipment for the National Guard When the Russians were ringing our al- and maximize the value of our defense and Reserve and my colleagues know it lies in Europe with SS–20 missiles, and dollars. These initiatives are in areas pleases me very much when the Guard many people here at home, particularly such as inventory management, com- and Reserve are able to get the proper members of the leadership, some lead- puters, financial management, trans- equipment. ership in the Democrat Party, many portation, audit, and inspector general I am disappointed, though, Mr. Chair- leaders in the media, urged that we ap- oversight and fuel management, and man, that the bill effectively kills the pease the then-Soviet Union, urged include a number of pilot programs for civil military programs conducted by that we cut back on weapon systems, outsourcing functions not core to the the Reserve components in so many urged that we terminate our ICBM sys- Department of Defense warfighting communities throughout the Nation. tems and our bomber development, mission. This program has been really impor- thankfully, the leadership in the House Third, H.R. 1530 fixes a critical prob- tant. It has a lot of merit to it, and it and many Members of Congress did not lem which contributed greatly to the looks like we are not going to be able go along with that policy. We believed readiness shortfalls experienced in the to use our National Guard and Reserve in a policy of peace through strength, late fiscal year 1994. Specifically, the units to help out individuals that need and we stood up to the Russians in Eu- bill takes action to protect the key help, and I am very worried about that, rope. trading and readiness accounts from and that was what was left out of the We put where we start moving for- having funds diverted to pay for bill. ward with our plan to put Pershings unbudgeted contingency operations. It Mrs. SCHROEDER. Mr. Chairman, and ground-launched cruise missiles in. does so by establishing short-term fi- will the gentleman yield? In Central America, where we moved to nancing mechanisms to cover the ini- Mr. MONTGOMERY. I yield to the deny the Soviets and their proxies a tial costs of such operations requiring gentlewomen from Colorado. foothold on our own continent, in Afri- the administration to submit timely Mrs. SCHROEDER. Mr. Chairman, I ca, in the deep water, with the rebuild- supplemental appropriation requests want to thank the gentleman from ing of our American Navy, we chal- and requiring the adminstration to Mississippi [Mr. MONTGOMERY] for lenged the growing Soviet fleet, and in- seek funds in advance for planned, but speaking up so eloquently about that terestingly, because we stood up to the unbudgeted, operations if they are ex- because really being able to use the Na- Russians, we brought about peace pected to continue into the next fiscal tional Guard and Reserve to go in and through strength, and the Berlin Wall year. serve communities, whether it is medi- came down, and then we had a conflict Mr. Chairman, at the end of the day, cally, whether it is helping our youth, in the Middle East. No Russians in- H.R. 1530 achieves the goals we all whether it is—I find it really shocking volved, purely a conventional conflict, share: providing the necessary re- that we are just severing that tie to and all of the systems that the Mem- sources to ensure force readiness, im- the communities and that service, and bers of this Congress and the Reagan proving quality of life for our service I say to the gentleman, ‘‘Thank you for and Bush administrations had put into people, and instituting defense support the leadership you gave. How sad it is the pipeline that were heavily criti- structure reforms to enable resources to see it all rolled back.’’ cized by the media in this country, the to be made available for other short- Mr. MONTGOMERY. Mr. Chairman, I M–1 tank that ran out of gas too soon, and long-term readiness needs. thank the gentlewoman. I urge my colleagues to support the There are some wonderful programs, the Apache helicopter that needed too bill. and I think probably the people around many spare parts, the Patriot missile Mr. DELLUMS. Mr. Chairman, I the country will speak up, and will be system that took too long to develop; yield 4 minutes to the distinguished able to someday get these funded. We all those systems, when deployed on gentleman from Mississippi [Mr. MONT- will not talk about the money. It was the sands of the Persian Gulf, proved to GOMERY]. peoples programs, helping underprivi- be very excellent systems. They saved (Mr. MONTGOMERY asked and was leged, not in Central and South Amer- American lives, they brought home the given permission to revise and extend ica, but right here in the United States great majority of those body bags that his remarks.) of America. we sent to the Middle East empty. Mr. MONTGOMERY. Mr. Chairman, I So, Mr. Chairman, I reemphasize my Well, we have moved to continue that want to thank the ranking member for support for this bill and urge its adop- rebuilding of national security, and let giving me this time, and, Mr. Chair- tion in the House. me tell you, Mr. Chairman, On our sub- man, I rise in strong support of H.R. Mr. SPENCE. Mr. Chairman, I yield 4 committee, at your direction, we have 1530 and, given the tight budget situa- minutes to the gentleman from Califor- rebuilt ammunition accounts, we have tion we faced this year, the defense au- nia [Mr. HUNTER], the chairman of our rebuilt precision guided munitions ac- thorization bill represents compromise. Subcommittee on Military Procure- counts. Those were those precision While the legislation does not contain ment of the Committee on National Se- guided systems where you do not drop all the provisions I would have liked, it curity. a hundred bombs on a target. You send is balanced and a step in the right di- Mr. HUNTER. Mr. Chairman, I want one in at a bridge or that particular rection to provide for the defense needs to start out by thanking our great radar site and knock it out. We rebuilt of our country. chairman of the Committee on Na- American sealift. We started to add I am particularly pleased with the tional Security for his wonderful lead- ships to our sealift accounts. We put in emphasis on operation and mainte- ership through the hearings that we extra fighters this year. Last year we nance needs in order to improve readi- held, the many briefings, discussions, bought fewer fighter aircraft than ness of our forces. the inner workings from both sides of Switzerland, that great warmaking Mr. Chairman, I am also pleased and the aisle, Democrats and Republicans power. We kept that industrial base would like to note one provision. It is working to do what is best for Amer- alive. We tried to keep our sealift a joint VA/DOD housing program. This ica, and I want to compliment the gen- going. We put in basic things like is in the bill. This is a needed program, tleman from California [Mr. DELLUMS], trucks so that the army can be mobile, H 5786 CONGRESSIONAL RECORD — HOUSE June 13, 1995 so it can move its logistics corps to the development of military family hous- committees we marked up our funding area of operation quickly. ing. levels in line with what the Joint So we have started, Mr. Chairman, in Since we began our efforts to com- Chiefs told us were their priorities. the procurement subcommittee, mov- bine our limited Federal resources with We also, Mr. Chairman, and I am ing ahead with the resumption of that private investment in last year’s DOD very proud of this in the R&D area, we policy that has not failed this country bill through the Navy Housing Invest- removed the tremendous amount of of peace through strength, and let me ment Board—the program concept earmarking that has occurred in pre- just say to my colleague, the gen- proved so successful that it is being ex- vious bills. There was one estimate tleman from California [Mr. DELLUMS], tended to the other service branches that in last year’s defense bill there the ranking member of the full Com- with the wholehearted endorsement of was $4.7 billion of unauthorized appro- mittee on National Security, it is true Secretary of Defense William Perry. priations, some of those having noth- that there is a State earmarking of Mr. Chairman, I encourage my col- ing to do with defense, many of them this reactor that will build tritium. On leagues to vote for this bill. It is a good stuck in by the appropriators, some of the other hand, my observation is not bill, and specifically it addresses the them put in by the authorizers, but too many States have been asking for housing needs for men in uniform. many of which were not requested by the reactor and, as a matter of politics, the military and had nothing to do b 1615 probably would not. But I think it is with our national security. clear that the Clinton administration Mr. SPENCE. Mr. Chairman, I yield 5 In the R&D portion of this bill this itself has said that continued tritium minutes to the gentleman from Penn- year, we have no earmarks. We have no production is an important thing, and sylvania [Mr. WELDON], the chairman direct programs put into that portion it is important that we move forward of the Subcommittee on Military Re- of the bill for individual Member re- with the way to do that, and I person- search and Development of the Com- quests. We in fact keep the bill clean. ally think that the reactor is the way mittee on National Security. We do fund our priorities, Mr. Chair- to go, not the accelerator that has been (Mr. WELDON of Pennsylvania asked man. We do take a look in the R&D proposed by the administration. and was given permission to revise and area at where we should be putting our So, my colleagues, I think we put extend his remarks.) priorities in terms of dollars. We fully forth a good package for the United Mr. WELDON of Pennsylvania. Mr. fund missile defense. States to resume this policy of peace Chairman, first of all, I rise to applaud Now, how do we determine where the through strength, and I would urge all our chairman, who has done an out- priorities should be? Unlike the pre- members to support it. standing job in leading us through this vious 2 years, Mr. Chairman, when we Mr. DELLUMS. Mr. Chairman, I first bill that we have had the chance had no hearings on ballistic missile de- yield 2 minutes to the distinguished to put together, and also acknowledge fense, we in this year held three full gentleman from Texas [Mr. ORTIZ]. the cooperation and support of our hearings for members of the full com- Mr. ORTIZ. Mr. Chairman, I rise in ranking member, who as always, is gra- mittee, the subcommittees of Procure- support of H.R. 1530, our national de- cious and cooperative, even if we may ment and Research and Development, fense authorization for fiscal year 1996. disagree on some substantive issues. on where we are with ballistic missile I am pleased to join my colleagues in I think this is a good bill, Mr. Chair- defense. supporting what I believe to be a com- man. This is a good bill that passed out We had a hearing on the threat, both prehensive and forward thinking bill to of our full committee with a vote of 48 a closed briefing for the Members and address the defense concerns of the to 3, meaning only three members of an open briefing, a full day of hearings United States into the next century. the full Committee on National Secu- on what is the threat out there. We I would like to commend the gen- rity saw fit to oppose this legislation heard the horror stories of 77 nations tleman from Colorado [Mr. HEFLEY] for being reported to the House floor. today having cruise missiles that could his work at the subcommittee level, This bill, for the first time in the last be used against us. We heard the horror and both Chairman SPENCE and the full 9 years that I have been here, reverses stories of 20 countries who today are committee ranking minority member, the hemorrhaging that has been occur- building cruise missiles and the threat RON DELLUMS, for working to forge a ring within our national defense and that poses to us. We had a hearing on bipartisan bill. national security. We all heard the what we have gotten for our money. Military construction is significantly rhetoric of 5 years ago about the peace What have we been able to produce important to our Nation’s ability to dividend. Well, I can tell you where the with the billions of dollars we spent on have a ready and capable force. peace dividend is. It is in my UAW missile defense over the past decade? Mission support, quality of life workers who are now looking for fast We had a show and tell where General projects, living spaces, work places, in- food jobs in Delaware County and O’Neill brought in the technologies we frastructure revitalization, and envi- Southeastern Pennsylvania because developed with our missile defense ronmental compliance are key factors they have been laid off by Boeing Cor- funding. Finally, we had General in ensuring that our forces are able to poration, by Martin Marietta, by Lock- O’Neill himself present to us what his meet the many challenges facing our heed. Norm Augustine, the new CEO of vision of missile defense for this coun- military today. the new Martin Lockheed was in my of- try would be like. I have long been interested in reform- fice 2 weeks ago and said his company Mr. Chairman, when we get to the ing the way the armed services provide has laid off 107,000 people in the last 3 missile defense section, every dollar housing for our men and women in uni- years alone, and the layoffs continue. that we put in this bill is in line with form. That is what we have got even with our what General O’Neill said we should be Three years ago, there was some con- peace dividend. spending on missile defense. In fact, it cern about the future needs of military Where has been the defense conver- is less. General O’Neill told us we could housing for our servicemen in south sion? There is no defense conversion, add on up to $1.2 billion in the missile Texas—and the community responded Mr. Chairman. But we stop that with defense accounts for theater missile, by proposing a Naval Housing Invest- this bill, and we do not do it as a jobs national missile, cruise missile and ment Board that would combine program. In fact, I will talk about how Brilliant Eyes. servicemember and civilian housing we have stopped that process as well, We could not give him that full through a public-private investment the pork barreling in the bill. We do it amount, but we gave him about $800 board. because we support what is important million. We have plussed up those areas The bill before us contains a major based upon the national threat. where General O’Neill, acting as Presi- new initiative to form public/private We started off this year’s process dent Clinton’s representative, told us partnerships in an effort to improve with a net threat briefing where we we should put our dollars in terms of military housing. looked at the hot spots of the world protecting our people from the threat The program provides a series of new and came back to deal with our leader- of a missile coming into our mainland authorities to encourage the invest- ship in the Pentagon about where our or hurting our troops when they are ment of private capital to assist in the priorities should be. Then in our sub- being deployed overseas. June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5787 This is a good bill as it relates to That is exactly what is happening, wanted, and $9.5 billion more than the missile defense. Yet you will hear later and that is happening directly because Senate wanted. In fact, when we were on our colleagues attempt to say we of the most massive cuts in the acqui- debating the rule and tried to get this are trying to undermine the ABM Trea- sition accounts that we have seen since opened up so we could offer some of ty. Nothing could be further from the before World War II. So it has had a di- these amendments, we were told we truth. But I will say this, Mr. Chair- rect impact on real jobs all across could not, because it might distort the man: We are silent on the treaty. It is America. negotiations with the Senate on the a treaty that we will abide by. But Mr. DELLUMS. Mr. Chairman, re- budget, the overall budget negotiations there are some who want to distort this claiming my time, in downsizing the going on. bill and politicize it to have it be sup- military budget, economic dislocation So really we are just standing here portive of additional use of the ABM is indeed going to be a reality. The throwing words back and forth at each treaty, and we think that is a mistake, point that I am simply suggesting is other, and it really does not mean a and we are going to oppose it when that we are bright enough and com- thing, because three-fourths of the cut- that amendment comes to the floor. petent enough to engage in a policy ting amendments have been denied. This is a good bill, and I encourage discussion that leads us toward the They have been denied. Again, as ev- our colleagues to support it with a policies of economic conversion. erybody here is saying this is a better large vote, and give our chairman the The tragedy is that many of my col- bill than before, oh, really? You endorsement of an excellent job in leagues, because we do not have a na- thought $4 billion was a lot of fat last leading us on the security of this coun- tional jobs bill in this country, because year, try $9.5 billion in this year’s that try. we have not embraced economic, mone- we cannot get to. Mr. DELLUMS. Mr. Chairman, I tary, and budgetary policies designed Furthermore, there is a real threat I yield myself 3 minutes. to expand employment, we look at the think to the ABM Treaty. If there was Mr. SPENCE. Mr. Chairman, I yield 1 military budget as a jobs bill. not, why not say there is not? How can minute to the gentleman from Califor- The last time I was chair of the com- you say there is no threat, but we will nia [Mr. DELLUMS]. mittee, last year, my colleagues sent in not accept an amendment saying we do The CHAIRMAN. The gentleman requests to my office to add $10 billion not plan to change it? from California [Mr. DELLUMS] is rec- to the military budget. Now, you do If you really think the women who ognized for 4 minutes. not have to be too bright to understand put their lives on the line should be Mr. DELLUMS. Mr. Chairman, I what that was about. I understand. It considered second class citizens, which would like to respond to one of the was about jobs. People do not like to I do not, then you will love this bill. comments that my distinguished col- see people unemployed. Neither do I. This is great. If you think we should league from Pennsylvania made, be- But the tragedy is that we are begin- have a line item and direct where we cause he raised a very significant ning to use the military budget on a are going to go with tritium produc- point, and that is the issue of job loss more expansive basis as a jobs bill, tion, without anybody having a debate in the context of downsizing. when it should be a bill that addresses or really deciding these things, then I find it interesting that when you the national security needs of this you will love this. talk with the corporate CEO’s about a country, and we need to have a much You are going to hear a lot of debate great percentage of this downsizing in broader strategy to handle the disloca- about industrial base. Well, let me tell the quiet, they will agree that a great tion, and I think that is economic con- you, this is, again, a retro industrial part of their job loss had nothing to do version. base that we are supporting in this bill. with the downsizing of the military Mr. WELDON of Pennsylvania. If the The gentleman from California and I budget, but the fact that during the gentleman will yield further, I would worked very hard with many Members years of the eighties, they developed just say I agree with the gentleman. trying to find a competitive way to such huge overheads, they got fat and That is why in this bill, in the R&D ac- take this expensive research and devel- sassy, they were no longer competitive, counts, we keep the dual use funding opment that the taxpayer had invested particularly in the international arena, levels at the same level they were in in and apply it to the future, apply it so they had to cut back, they had to previous years, for exactly that reason. to other things we needed, to upgrade start getting streamlined, they had to We keep the dual use of funding level our industrial base and have new prod- become competitive. So a portion of at exactly the level that they were ucts we can sell to the world, in such those jobs were as a result of that. funded at over the previous 2 years. So areas as law enforcement, medical But I think the gentleman raises an we support that notion, when it has de- technology, all those types of things, important point. When we are fense as a top priority. because that is clearly where it is downsizing, there is economic disloca- Mr. DELLUMS. Mr. Chairman, I going. tion. And my response to that is that yield 4 minutes to the distinguished Instead, what do we have in there? the long-term answer, the near-term gentlewoman from Colorado [Mrs. We are going to have a big move to answer to that, is an aggressive eco- SCHROEDER]. bring back the B–2 bomber. Even Sec- nomic conversion strategy, not buying Mrs. SCHROEDER. Mr. Chairman, I retary Cheney did not think we needed weapons that are expensive and unnec- thank the gentleman for yielding. this thing. He signed off on 20 of these. essary. That is not the real answer to Mr. Chairman, I must say as a moth- You can buy these for about $1.1 bil- that. er of yuppies, I rise in strong disagree- lion. That is a lot of school lunches. Mr. WELDON of Pennsylvania. Mr. ment with this bill, because my chil- That is a lot of student loans. During Chairman, will the gentleman yield? dren would call this bill retro. ‘‘Retro’’ the cold war, if Secretary Cheney was Mr. DELLUMS. I yield to the gen- is a negative word in the yuppie sense, convinced 20 of these was enough, I tleman from Pennsylvania. and part of the reason is while we just would think that that would be enough Mr. WELDON of Pennsylvania. I ap- heard about they are saying that there for us today in the post-cold-war era. preciate my friend and colleague yield- were $4 billion last year that they So what I am trying to say is things ing. I appreciate the willingness to en- thought was fat, in this bill this debate like this are being kept alive in the gage in a dialog. What I would say is 2 is really nothing but kabuki theater. name of keeping the industrial base up. years ago as we saw the defense num- After we passed that rule, this has Well, let me tell you we have a dog- bers being projected by President Clin- nothing to do with reality from here gone good aviation industrial base. ton, we went to the Office of Tech- on. Just look at the Boeing 777. We are just nology Assessment and the Congres- There is $9.5 billion more in this bill doing this to keep some defense con- sional Budget Office. Each of them did than the Pentagon said they needed to tractors who put out big political dona- studies that said if we implement the fight two full-time wars, and I think tions, I think, alive. And we have got budget numbers proposed by President the Pentagon’s judgment has been con- all sorts of other things in here we can- Clinton, we would see 1.5 million men firmed pretty well this last week with not even offer an amendment to. This and women lose their jobs in the de- how well they performed. it is $9.5 bil- one at least we get to offer the amend- fense industry. lion more than the commander-in-chief ment to. I guess they figured they have got it wired in so they cannot lose this H 5788 CONGRESSIONAL RECORD — HOUSE June 13, 1995 one, and the other ones, I guess people improvements in housing, child care, dangerous, if not more dangerous than are afraid they should be losing. health care facility that can be exe- any circumstances that we as a nation But I think Mr. Chairman, this is a cuted next year. have encountered across this globe in very sad day, and I hope Members will We have funded solely those projects perhaps the last half century or more. join me in voting no on this retro bill. where the need is the greatest and the There, too, this legislation is, I The CHAIRMAN. The Chair will ad- dollars can immediately be put to use. think, a very able attempt to try to vise that the gentleman from South Equally of importance, we coordinated react to those very dangerous cir- Carolina [Mr. SPENCE] has 421⁄2 minutes these recommendations thoroughly cumstances. remaining, and the gentleman from with our colleagues on the Committee In that regard, those of us, myself in- California [Mr. DELLUMS] has 29 min- on Appropriations so that we are sing- cluded, who had the opportunity and utes remaining. ing from the same page of music. And the honor to serve on the committee Mr. SPENCE. Mr. Chairman, I yield we have agreed, both of us, to a strong special oversight panel on moral, wel- 31⁄2 minutes to the gentleman from Col- quality of life package. fare and recreation have worked to in- orado [Mr. HEFLEY], the chairman of This bill funds over $630 million in clude in this legislation a number of our Subcommittee on Military Instal- new construction improvements for measures that will provide for an ac- lations and Facilities. barracks and dormitories at 63 installa- ceptable quality of life for men and tions, including projects at 25 installa- women in uniform. b 1630 tions which the committee identified We all know, Mr. Chairman, that Mr. HEFLEY. Mr. Chairman, I rise in as priority requirements for military under any circumstances, these pro- support of H.R. 1530, the National De- services which were unfunded in the de- grams are so vitally important. But as fense Authorization Act for fiscal year partment’s budget request. our military men and women are being 1996. I would like to say, this is my The bill also provides approximately asked to deploy more and more, and first time to be a cochairman of this $900 million in military family housing not just by a Republican president, not committee or any committee in Con- construction and improvements. These just by a Democrat president, but by gress for that matter. And it was an ex- funds will provide quality housing for chiefs of the military from both sides perience, and I could not have asked about 9,400 military families, over 2,000 of the aisle, to places like Haiti and for a more cooperative or helpful rank- more than the Department’s request, Somalia, providing comfort in northern ing member than the gentleman from and will ensure that other badly needed and southern Iraq and the skies of Texas, SOLOMON ORTIZ, who I thought neighborhood improvements are under- Bosnia, we have to maintain programs did a super job. taken. and let our men and women know that, This was truly, at least our part of it I want to stress again that this bill as they leave, their families are being and I think most of the bill, was truly funds only those projects which can be adequately taken care of, being pro- a nonpartisan or bipartisan product. As executed in fiscal year 1996. This is not vided for. This program and this legis- chairman of the Subcommittee on a hollow program. But beyond the im- lation fully funds those kinds of pro- Military Installations and Facilities, I portant quality of life improvements grams, fully funds them, I might add, can assure the House that this bill we are recommending to the House, the at a level that President Clinton re- squarely addresses one of the most se- committee has also taken a longer quested. rious problems confronting the Depart- term view of the problem of fixing the This is a well-balanced, well-reasoned ment of Defense and the people who military construction problem. We are piece of legislation that, Mr. Chair- serve in our Nation’s military services. providing for an opportunity for pri- man, I respectfully urge all my col- That problem is the quality and vate sector involvement in this and leagues on both sides of the aisle to de- availability of adequate troop housing have set up a structure that gives the fend and to support. and military family housing. There is possibility for that to take place at Mr. SPENCE. Mr. Chairman, I yield 3 no question that there is a crisis in bases around the country. We are going minutes to the gentleman from New military housing. Over 600,000 single to develop pilot programs this year, Jersey [Mr. SAXTON], a very valuable enlisted personnel are assigned to on- and I think this is the only way you member of our committee. base troop housing facilities. The aver- can get there from here in terms of ac- Mr. SAXTON. Mr. Chairman, I thank age age of barracks and dormitories is tually solving this problem. the gentleman for yielding time to me. over 40 years. One-fourth of these fa- So in conclusion, let me say, I Once again, we stand on this floor cilities is considered substandard. At strongly support this piece of legisla- and debate the merits of a defense au- current levels of funding, improving tion. I think not only in this particular thorization bill. But unlike previous on-base housing for single enlisted per- area that I have talked about but debates, consideration of the 1996 De- sonnel cannot be accomplished, de- throughout the bill, we make giant fense Authorization Act is different. pending on the military service, for strides. Before us is legislation which stops the years or, in some cases, for decades. Mr. SPENCE. Mr. Chairman, I yield 2 backsliding of previous defense bills The situation in family housing is not minutes to the gentleman from New and takes a critical first step toward much better. Approximately 218,000 or York [Mr. MCHUGH], who is the chair- matching resources with the ever- two-thirds of the homes in the housing man of our moral, welfare, and recre- growing number of military commit- inventory of the Department of De- ation panel. ments. fense are classified as inadequate. Mr. McHUGH. Mr. Chairman, let me This bill doesn’t solve all the prob- One-quarter of the homes in the DOD add my words of admiration and appre- lems which plague our Armed Forces. inventory are over 40 years old and ciation to the full committee chair- Ten years of declining defense budgets two-thirds are over 30 years old. This man, the gentleman from South Caro- cannot be overturned in a single de- aging military family stock has ex- lina [Mr. SPENCE], and really all the fense budget. Yet this bill makes sig- tremely high maintenance and repair members of the Committee on National nificant, concrete improvements. needs. If nothing changes, fixing the Security, including, or course, the Among the many initiatives, this bill: military family housing problem will ranking minority member, the gen- Adds a third Aegis destroyer—a ship take over 30 years. tleman from California [Mr. DELLUMS], which was stricken from the Navy’s The present military housing situa- who have worked hard to make this, I original budget proposal but identified tion is unacceptable and the Commit- think, a very credible and a very well- by the Navy’s top admiral as his high- tee on National Security is determined balanced piece of legislation. est priority. to put us on the path toward fixing the We have heard today, Mr. Chairman, Takes a more prudent and robust ap- problem. H.R. 1530 contains critically and we will continue to hear how dif- proach to missile defense by adding important short-term and long-term ficult and how different these times $763 million for ballistic missile de- remedies to this problem. are. I think this legislation reflects fense program and directing the Sec- Working with the military services, those realities in a very direct and a retary of Defense to develop and deploy we have identified a number of un- very palpable way. Indeed, while these theater and national defenses ‘‘at the funded and badly needed quality-of-life times are different, they are at least as earliest practical date;’’ June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5789 Fully funds the purchase of eight C– All of which is to say that in my view seeks to endorse this outmoded ABM 17’s, a mission-essential platform this policy is insane and will be viewed Treaty that prevents us from deploying which every top Pentagon official has in the long sweep of history as a par- a highly effective defense for the Amer- testified as a gotta have program. ticularly dumb idea which held sway ican people. I urge my colleagues to In addition this bill sends a message under peculiar circumstances for a vote no on the Spratt amendment, and to our military personnel and their very brief period of time. I thank the gentleman for engaging in families that we understand the hard- But what is truly unconscionable is this colloquy with me. ships they endure. We show our appre- that the public has been kept out of Mr. SPENCE. Mr. Chairman, I yield 1 ciation by fully funding a 2.4 percent the loop. Defrauded of its right to minute to the gentleman from Texas pay raise and by adding $425 million for know and intentionally not told that [Mr. THORNBERRY]. the construction and improvements to all of America and particularly her Mr. THORNBERRY. Mr. Chairman, military family housing and troop largest cities are now the beta sites for there are many issues in this bill, and housing. a massive experiment in foreign rela- I want to make just two brief points. Finally, this bill provides money to tions, that this experiment in foreign No. 1, it is quite a well-balanced bill. keep the B–2 industrial base in tact, and defense policy places the lives and Defense spending has been cut every giving us the option of procuring addi- fortunes of a quarter of a billion Amer- year for the past decade, and there is a tional stealth bombers should we de- icans at risk without their knowledge lot of ground to make up for. But in cide to do so. To those of my colleagues is unethical, immoral, and just plain the areas of modernization, in getting who think that the B–2 is too expen- wrong. and keeping good people, in readiness sive, I simply point out that waging a After consulting with you and and in reforming the Pentagon, this war which a fleet of B–2 bombers could Messrs. YOUNG, WELDON, and LIVING- bill makes substantial progress. It does have deterred is far more costly both in STON last week, I withdrew my amend- not do as much as I would like in all terms of lives and money. ment as a result of your stated inten- the areas, but it makes substantial Is this a perfect bill? No, but it does tion to hold hearings on the validity of progress in each of them and deserves what the administration has failed to the ABM treaty and on a bill to repeal my colleagues’ support. do in three previous defense proposals. that treaty which will be offered later The other issue is dealing with get- It honestly identifies our defense needs this week. I deeply appreciate that ting and keeping good people. For me and takes appropriate action to address offer on your part. that includes how we treat our veter- them. I view as a tremendous opportunity ans and military retirees. More and My colleagues, last fall as part of our to this, these hearings as a tremendous more in the future, I believe, that will Contract With America we made a opportunity to inform the American be determined on, or one of the key commitment to the American public people of the policy that we are under parts of that will be health care. that we would strengthen our military now that leaves them defenseless. forces. In February, we passed H.R. 7 I also want to note that the gen- b 1645 which demonstrated our commitment tleman form South Carolina [Mr. This bill, again, does not solve all the and our resolve. This bill continues SPRATT] has offered an amendment problems with regard to access to that process by putting real deeds be- that amounts to an endorsement of the health care for military retirees, but hind those words and promises. ABM treaty. the report it requires, as well as some I urge Members to support our troops Could the chairman share with me of the other studies, will move us to- by supporting this bill. the view of the Committee on National ward solving that problem. The bottom I urge my colleagues to support the Security on the Spratt amendment? bill and to avoid destructive amend- Mr. SPENCE. Mr. Chairman, will the line is the Government must keep its ments. gentleman yield? word to those people who have served Mr. SPENCE. Mr. Chairman, I yield 4 Mr. HOKE. I yield to the gentleman their country. minutes to the gentleman from Ohio from South Carolina. Mr. Chairman, the first function of [Mr. HOKE] for the purposes of engaging Mr. SPENCE. Mr. Chairman, let me this Government is to provide for the in a colloquy. say to the distinguished gentleman defense of its citizens. This bill de- Mr. HOKE. Mr. Chairman, I rise for from Ohio that the committee over- serves the support of my colleagues. the purpose of a colloquy with the gen- whelmingly rejected a nearly identical Mr. SPENCE. Mr. Chairman, I yield 2 tleman from South Carolina. amendment when it was offered during minutes to the gentleman from Ten- As you know, last week I submitted the committee markup of H.R. 1530. It nessee [Mr. HILLEARY]. to the Committee on Rules an amend- was a bipartisan vote of 18 to 33. The Mr. HILLEARY. Mr. Chairman, I rise ment that would require the President Spratt amendment places too much in support of H.R. 1530, the DOD au- to withdraw the United States from credence in a treaty that was signed thorization bill. The time has come to the Anti-Ballistic Missile Treaty as over 20 years ago with a nation that no halt the significant reductions that permitted under article XV of that longer exists and in strategic cir- have taken place in defense spending treaty. cumstances that no longer pertain. and to add some measure of stability to I sponsored that amendment because Therefore, I strongly urge a no vote on the defense budget. Our civilian and along with you, I believe that the ABM the Spratt amendment. military defense leaders have to be treaty adopts a national strategy of in- Let me also say to the gentleman able to effectively train our military tentional defenselessness which is com- from Ohio that it is this gentleman’s personnel and maintain our force pletely inconsistent and incompatible intention to hold hearings in the Com- structure at a high state of readiness with our obligation to provide for the mittee on National Security later this for all foreseeable threats to our Na- common defense of the people of the year on the viability of the ABM trea- tion. I believe H.R. 1530 will do that in United States. ty. Such a review of that treaty is an efficient and effective way. Not only does the ABM treaty depend clearly warranted. I would certainly The power granted to us by the Con- on a misguided strategy of mutually welcome the gentleman’s active par- stitution to raise and support the assured destruction, but the Govern- ticipation. armed forces is indeed one of the most ment of the United States has adopted Mr. HOKE. Mr. Chairman, I applaud important rolls we exercise in the Con- an unspoken policy of nondisclosure of your commitment to hold those hear- gress. Mistakes and misjudgments on that strategy to the American people. ings, and I look forward to working this bill can translate not only into While this strategy of defenselessness with the gentleman and the commit- dollars wasted or dollars saved, but may possibly have been arguable in tee. Let me also say to the gentleman into lives lost or lives saved; into mili- 1972 when we had only one ICBM-capa- that I am confident that they will dem- tary defeats or military victories. ble enemy, it is utterly without merit onstrate that the proper course for the George Washington, in his first an- today when many nations have gained United States is to state its intention nual address to Congress, stated that, or are gaining access to ballistic mis- to withdraw from this treaty. ‘‘To be prepared for war is one of the sile technology as well as to the weap- Likewise, Mr. Chairman, I strongly most effectual means of preserving ons of mass destruction. oppose the Spratt amendment that peace.’’ That is what this bill is all H 5790 CONGRESSIONAL RECORD — HOUSE June 13, 1995 about: being prepared for war, so we harm’s way. It is a highly leverageable Most importantly, one B–2 bomber can preserve the peace. aircraft. can deliver a bomb payload equivalent One of the favorite refrains from the As a new Member of Congress, I urge to what it took 75 bombers and support liberals, no matter what the question, my colleagues to come to the floor and aircraft to drop in Desert Storm. Thus, is to cut defense a little bit more. Over vote to keep America’s military strong fewer service men and women are the past 10 years defense budgets, in and this Nation safe. We need to adopt placed in harm’s way. real terms, have steadily declined. The funding for the B–2. We should support The bill also includes funds for addi- Department of Defense will spend near- the bill reported out by the Committee tional F/A–18C/D’s, a fighter designed ly 35 percent less this year than it did on National Security and reject the for the Air Force needs of the 21st cen- in 1985. As a percentage of GDP, de- amendment. tury. And it also funds continued de- fense spending is at a 45 year low. Mr. DELLUMS. Mr. Chairman, I velopment of the enhanced E/F version This year, with this bill, the massive yield myself 1 minute. which will meet the Navy’s future decline in military spending will stop. Mr. Chairman, I would just like to re- needs. And with this bill, we will stop the po- spond to my distinguished colleague, The bill continues funding for the tentially disastrous decline of our mili- the previous speaker who took the well space-based communications and ob- tary readiness. eloquently, and point out to the gen- servation satellites, including $693 mil- I strongly urge my colleagues to sup- tleman that it was not the Dellums-Ka- lion for development of the MILSTAR port H.R. 1530—a peace preservation sich amendment that stopped the B–2, satellite system. MILSTAR 2 is sched- bill—and with it support the present as a student of history knows; it was uled for launch in August. and future security of our great Na- George Bush, former President of the Several changes have been included tion. United States, that stopped the B–2 in the bill in dual use research tech- Mr. SPENCE. Mr. Chairman, I am program at 20. At that point the Sec- nology partnerships by which the Pen- pleased to yield 2 minutes to the gen- retary of Defense was Secretary Che- tagon leverages commercial tech- tleman from Kansas [Mr. TIAHRT], a ney. While I agreed with that, I did not nology for defense use. I listened care- member of our committee. think that we needed 20. I just wanted fully to the colloquy earlier between (Mr. TIAHRT asked and was given to set the program record straight, my colleague and esteemed former permission to revise and extend his re- that it was President Bush who set the chairman, the gentleman from Califor- marks.) level at 20. nia [Mr. DELLUMS], and the chairman Mr. Chairman, I yield 5 minutes to Mr. TIAHRT. Mr. Chairman, I rise in of the subcommittee on R&D, the gen- my distinguished colleague, the gentle- strong support of the National Defense tleman from Pennsylvania [Mr. Authorization Act, which seeks to keep woman from California [Ms. HARMAN]. (Ms. HARMAN asked and was given WELDON], on this subject. They are our military strong and our troops permission to revise and extend her re- both right. The $1.235 billion provided ready. In particular, I would like to marks.) in the bill for these partnerships can state my strong support for the B–2 Ms. HARMAN. Mr. Chairman, I just support a robust program, helped by bomber. I can still feel the pride that returned from a moving memorial trib- language I offered to strengthen DOD swelled up inside me on a windy day in ute to our friend and former Armed flexibility to manage it. Kansas just a month ago when Senator Services Committee chairman, Les Funds are authorized in the bill to Bob Dole and I were on hand to chris- Aspin. I am not certain Les Aspin continue critical research and develop- ten to new B–2, called the Spirit of would have approved everything in this ment of ballistic missile defense sys- Kansas. That was a great moment of bill, but his thinking has helped shaped tems being designed to protect against personal satisfaction for me. this Democrat’s views in strong sup- missile attacks on U.S. troops and al- Over 10 years ago I worked on the B– port. lies in war theaters and, at the earliest 2 in Wichita. Although I worked on a Les Aspin knew that while the ten- practical date, against potential at- great many aircraft, I can think of no sions of the cold war have ended, it is tacks on the continental U.S. These aircraft which makes me more proud of clear from recent reports in Bosnia, in are good investments. Kansas ingenuity and the technical ex- Central and East Africa, on the Korean Another provision establishes a de- pertise of the American people. When I Peninsula, and Southeast Asia that the fense export loan guarantee program at think about the B–2, I think about need for well-equipped and well-pre- no cost to the taxpayer. The guarantee America’s long nightmare during pared armed forces has not lessened. will allow U.S. defense companies to World War II. Unfortunately, 60 years The bill before us will substantially compete on an equal footing with for- ago Congress did not do its job in pre- improve the Nation’s military and eco- eign businesses that sell defense prod- paring this Nation for the possibility of nomic security. ucts to U.S. allies. war. We did not have the latest tech- Admittedly, the Committee on Na- I want to underscore that the pro- nology at our disposal. We were not tional Security has made difficult rec- gram in no way promotes weapons pro- ready. We wanted peace, but we did not ommendations, balancing our military liferation, as some will contend later have strength. In doing so, we uninten- force’s needs with budgetary con- in this debate. The program does not tionally encouraged evil men to take straints. Yet, the bill maintains impor- alter, nor would I support altering, the advantage of our weakness. Let us re- tant defense systems, such as the F/A– stringent arms control export process solve to never let this happen again. 18 tactical fighter, space-based mili- by which all weapons must be approved When we ask a young American to tary satellites, the C–17 strategic air- prior to export. guard our liberty, through service to lift plane, and the B–2 bomber. With these points made, Mr. Chair- the military, they make a self-sacrific- In addition, it continues in modified man, let me say that I regret the com- ing commitment to each and every one form a critical program that encour- mittee has sought to reverse two Pen- of us. In return, we should keep our ages the utilization of commercial tagon policies which I believe the Con- commitment to them by providing technologies for defense applications, gress has no business micromanaging. them with the latest technology which while maintaining the industrial base Inclusion of these issues is divisive and will ensure their safety. needed to meet future national secu- a distraction from the important na- I strongly oppose the Kasich-Dellums rity requirements. tional security issues addressed by the amendment, which would shut down Among the provisions in the 1996 de- rest of the bill. the B–2 program. That could cost us fense bill important to our Nation’s de- The first is the committee’s rec- billions to start up the production line. fense are the funds for long-lead pro- ommended ban on privately funded The B–2’s long range makes it less de- curement items for two more B–2 abortions in military hospitals over- pendent on the overseas bases. bombers. The B–2, in my view, is criti- seas. The second is a provision to re- On the initial days of Desert Storm, cal to our future war-fighting abilities. quire the immediate discharge of all a chart that I have here shows that the Its stealth capabilities, payload capac- HIV-positive service members. Neither B–2’s could have done the same job, 32 ity, and long range allow it to respond provision was the subject of hearings B–2’s could have done the same job of to short-notice contingencies anywhere this year, and both are unnecessary de- 1,263 aircraft, putting fewer people in in the world. partures from current policy. June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5791 The bill repeals current policy and working together to develop a mission- military treatment facilities can more bans all privately-funded abortions per- essential air to ground standoff weap- readily be accommodated. formed in military hospitals overseas. on, to be known as JASSM. There are also provisions that deal Under current policy, no Federal Funds Other programs of critical impor- with the uniformed services treatment are used and health care professionals tance to our national defense include facilities, or USTF’s. These provisions, who do not want to perform abortions full funding of the F–22 fighter program which I fully support, will move this are not required to do so. that will carry our air superiority well program in a direction where full con- This issue is a matter of fairness. into the 21st century. sideration will be given to integrating Servicewomen and military dependents For airlift, full funding of the C–17 the USTF’s into the tricare managed stationed overseas don’t expect special program will mean that when situa- care system. These efforts will provide treatment, only the right to receive tions arise overseas, this country will cost effective alternatives to assure the same choices guaranteed to women be capable of projecting its awesome continued quality care for the military by Roe versus Wade. Prohibiting force to every corner of the world. beneficiaries who participate in the USTF Program. women from using their own funds to For these reasons, and for many obtain abortion services at overseas While I strongly support the major- other good decisions represented in ity of the military personnel provi- military facilities endangers their this bill, I urge the Members’ support health. Women will be forced to seek sions, there are some issues I am dis- of the defense bill. It is the right thing appointed to see included in this re- illegal or unsafe procedures, or be for the Nation. Our priorities are once forced to delay the procedure until port, such as eliminating the National again in place, and our military and Guard Youth Opportunities Program, they can return to the States. our country will be the better for it. With respect to the bill’s ban on HIV- mandating an Armed Forces Expedi- Mr. DELLUMS. Mr. Chairman, I positive service members, in my view, tionary Medal for service in El Sal- yield 3 minutes to my distinguished it is punitive and discriminatory. Cur- vador, and denying military women in colleague, the gentleman from Virginia rent policy prescribes that so long as foreign countries access to military [Mr. PICKETT]. these individuals are deemed fit for treatment facilities, without cost to (Mr. PICKETT asked and was given duty by the service in which they the Government, for medical proce- permission to revise and extend his re- serve, they may continue to serve. Nei- dures related to abortion. I intend to marks.) ther the Department of Defense nor support amendments offered which any of the four services sees a reason Mr. PICKETT. Mr. Chairman, the seek to change these provisions. to change the policy that works. Nei- provisions in the military personnel On the whole, Mr. Chairman, the ther do I, unless it is to discriminate title of H.R. 1530 are comprehensive military personnel titles of this bill represent a fair and comprehensive ap- against a class of individuals who have and far reaching. They reflect a con- proach to military personnel program served their country honorably. tinuing effort to meet our commit- Mr. Chairman, I will work hard to ments to our military members and to issues that should result in an im- change these two provisions, but the enhance the quality of life for the men proved quality of life for our service bill, in nearly all other respects, is and women, and their families, who so members. It is consistent with the de- worthy of my colleagues’ strong sup- faithfully serve our country. The bill sire and commitment of the Members of the House of Representatives to take port, and I urge a ‘‘yes’’ vote on final includes the full pay raise set forth by care of the men and women who serve passage. law, as provided for in the President’s Mr. SPENCE. Mr. Chairman, I yield 2 budget, as well as a substantial—5.2 our country. minutes to the gentleman from Geor- percent—increase in the basic allow- b 1700 gia [Mr. CHAMBLISS], a new member of ance for quarters which will signifi- cantly reduce out-of-pocket housing Mr. STUMP. Mr. Chairman, I yield 2 our committee. minutes to the gentlewoman from costs to service members. To help our Mr. CHAMBLISS. Mr. Chairman, Florida [Mrs. FOWLER]. military members acquire adequate amid the revolution of change brought Mrs. FOWLER. Mr. Chairman, I rise about by the collective voice of the housing in high-cost areas, the bill au- to strongly support H.R. 1530, the De- American people last November, today thorizes the Secretary of Defense to es- fense authorization bill. This legisla- we come together to consider the de- tablish a minimum variable housing al- tion is a major step forward in restor- fense authorization bill. One of the lowance—VHA—and includes a no loss ing America’s strength and ability to very few absolute responsibilities of provision so that the VHA amount paid defend her vital interests. the Federal Government, as outlined to an individual in a given location will Most importantly, this bill takes on by the Framers of our Constitution is not be diminished as long as the mem- deficiencies in the President’s defense to fully provide for the defense of our ber’s housing costs have not been re- plans by highlighting four major areas great Nation and this defense bill does duced. for action: Quality of life issues; readi- it for the first time in several years. Additionally, there are a number of ness improvements; modernization; and I would like to recognize the untiring provisions designed to improve the Pentagon reform. efforts of the distinguished chairman of military medical system and to ensure The bill addresses challenges in these the National Security Committee to that active duty and retired service areas through the thoughtful applica- put together a defense bill that ad- members and their families receive the tion of some $9.4 billion in additional dresses the critical needs of our Armed quality health care they deserve. Al- budget authority above the President’s Services. By realistically assessing though there has been a great deal of request. This increase, which is con- needs and deficiencies, this bill strikes interest in the issue of Medicare sub- sistent with the House-passed budget the necessary balance between readi- vention, the reimbursement by Medi- resolution, provides $267.3 billion in ness, quality of life procurement, and care to the Department of Defense for B.A. and sets outlays at roughly $270 R&D. Concerns about a hollow military care provided to Medicare-eligible billion. It will give our defense estab- will soon fade, and the people of this beneficiaries, we were unable to in- lishment a respite from the severe bat- Nation can once again feel secure that clude this provision in the bill. The pri- tering it has taken over the last dec- their brave men and women in uniform mary reason for this is that it falls ade. are the best trained, most modernly outside the jurisdiction of the National With the demise of the Warsaw Pact equipped, and ready force in the world. Security Committee, but another lim- and the U.S.S.R., it was appropriate to I would like to specifically commend iting factor is that the Congressional draw down defense. But the level to Chairman SPENCE, together with R&D Budget Office scores it as having a sub- which this administration has subcommittee Chairman WELDON, for stantial direct spending impact. How- downsized has raised serious questions including in the bill a needed provision ever, the bill does direct the Depart- about our ability to meet vital needs. that will begin the replacement of the ment to study alternatives to Medicare Under the administration’s bottom-up recently cancelled TSSAM program. subvention so that Medicare-eligible review, defense spending as a percent- The bill contains $75 million dollars for military retirees and their dependents age of GDP would decline to levels not the Air Force and Navy to continue wishing to receive their health care in seen since the days of Pearl Harbor. H 5792 CONGRESSIONAL RECORD — HOUSE June 13, 1995 The bill before us today would halt A, is it because the Pentagon wants this fight, my friend, and bring your this trend. It would provide an addi- it? best, because it will be a nice fight. tional $4.4 billion for the procurement Answer: The Secretary of Defense The second point, Mr. Chairman, is, of modern military equipment, in order said, ‘‘No, we don’t want it. No, we is this for national security and strate- to update our capabilities and mini- don’t need it. Yes, there are alter- gic value? Remember, colleagues, the mize the risk to the U.S. personnel we natives.’’ The chair of the Joint Chiefs B–2 bomber was designed in the context so often call upon to go in harm’s way. of Staff and the vice chair of the Joint of the cold war. It had one mission: fly As the recent case of Capt. Scott Chiefs of Staff said, ‘‘No, we don’t want one time over the Soviet Union and O’Grady showed, we cannot afford to it. No, we don’t need it. Yes, there are drop nuclear weapons. scrimp when the lives of our military alternatives.’’ A, there is no more Soviet Union. B, personnel are at stake. Among other An independent study carried out by I hope that rational minds have moved things, this funding will go to purchase the Institute for Defense Analysis, a beyond the notion of the sanity, of the additional ships, aircraft, missiles and very prestigious and sophisticated ana- reasoning behind a global strategic nu- ordnance, as well as helping to meet lytical capability, came to the conclu- clear war. I hope that is behind us. our strategic lift needs. sion, ‘‘No, we don’t need it. No, we Why, then, build 20 more B–2 bombers I am also pleased that the bill in- can’t afford it. Yes, there are alter- that were designed in a world that no creases spending for quality-of-life is- natives.’’ The Roles and Mission Com- longer exists? So you refurbish it? But sues, including the desperate shortage mission established by legislative man- it only flies one time and it goes out. of military family housing. At Naval date came to the exact same conclu- Several of my colleagues argue that Station Mayport, in my district, there sion. if we had more B–2’s, the world would are some 1,300 military families on the Mr. Chairman, perhaps one could ra- be a safer place. Let’s talk about that. waiting list for military housing. H.R. tionalize the inclusion of this money to We have got already 20 B–2’s now. They 1530 takes much-needed action to sup- embrace 20 B–2’s if the Pentagon want- are only relevant for the first day or port military families like these. ed it. The Pentagon does not want it, two. They cannot fly around forever. Finally, the bill takes important they say they do not need it, and they That is not their mission. That is not steps to avoid repetition of the prob- say there are alternatives. their capability. You already have 20 of lems we had last year when operations Second question: Is it for the safety them. and maintenance accounts were raided of our personnel? We just experienced After the first couple of days, you do to fund unbudgeted contingencies. And an F–16 fighter plane being knocked not need these things. You have got F– it requires much-needed reforms at the down, and some Member said if we had 117’s, stealth fighters, that have the ca- Pentagon—reforms that will reduce had B–2’s, it would have made a dif- pacity to find and knock out air de- personnel assigned to the Secretary of ference. fenses, radar. You have the Wild Wea- Defense by 25 percent and require cuts Mr. Chairman, if anyone would take sel that has the capacity to search out of some 30,000 acquisition personnel in the time to read the independent study and find air defenses, radar, knock fiscal year 1996, streamlining the acqui- by the Institute for Defense Analysis, them out. sition process. they came to a very interesting and po- Where on this earth are you going to Mr. Chairman, this bill merits the tent conclusion: that if you increased need 20 more B–2’s? The newspaper House’s strong support. I encourage its the precision-guided munitions, that is, with the contractor says, ‘‘B–2’s, when passage. the smart bombs that people saw on C– you don’t have 14 days.’’ Colleagues, it Mr. DELLUMS. Mr. Chairman, I SPAN in the context of the Persian will take you 14 years to build 20 more yield myself 10 minutes. Mr. Chairman, later this evening we Gulf, you know, the ones that go down B–2’s. This is bizarre in the extreme. will address an important and signifi- Broadway, turn left, and drop? Preci- Third point. Is it about industrial cant proposition. The bill as reported sion-guided munitions. The study said base? Some kind of way if we don’t to the floor contains a provision that if you increased the inventory of preci- build 20 more B–2 ’s, our industrial base provides $553 million for long-lead sion-guided munitions by 200 percent, will fall apart and we won’t have the items to purchase two additional B–2 you would reduce the aircraft loss by 40 capacity to build bombers. bombers. In addition to that, it breaks percent. My point. The contractor that built the cap that was established in pre- Interesting next point: If you spent the B–2 did not build the B–1. The con- vious years, that set the cap at 20 B–2 the money to buy B–2 bombers, the 20 tractor that built the B–1 did not build bombers and the cost at $44.5 billion, I B–2’s bombers, you would reduce the the B–2. The contractor that built the believe. aircraft loss by 8 percent. If it is about B–52 did not build the previous bomber. I would like to take a few minutes to safety, precision-guided munitions, 40 My point is, no contractor has built talk about the implications of that, percent increase in bomber safety; 8 successive bombers. You have got an and I walk my way into that discussion percent over here with B–2 bombers. aircraft capability out here in America this way: The study went further and said with that would jump through that window At a time, Mr. Chairman, when, as I precision-guided munitions you get 3 to get B–3. said earlier, we are visiting tremendous things: more ammunition, more ord- You don’t have an industrial base human misery upon millions of Amer- nance on the target, more accurately, problem. Let’s confront what this real- ican people in this country, from chil- with less risk, because you are not fly- ly is. This is protecting the industrial dren to veterans and farmers to senior ing a plane over anything. You are base to build B–2 bombers, not to build citizens, because of the draconian cuts standing back, with standoff capabil- some new bomber. that we anticipate in this year’s budget ity, firing in precision-guided muni- If you were going to have another and in the out years for the purposes of tions. bomber, why have a bomber con- reducing the deficit to ultimately bal- Finally, they said it is more cost ef- templated and fashioned in the context ance the budget, the obvious question fective. Everybody is running around of the cold war when every one of us in is this: Why then are we embarking here talking about balancing the budg- this room understands that the world upon a journey where the down pay- et, reducing the deficit, saving money, has radically altered and the need and ment is $553 million, on a journey the not endangering and mortgaging the condition for other aircraft has radi- taxpayers must go on to the tune of future of our children. Yet here is an cally changed? $31.5 billion? independent, cogent, coherent, relevant Mr. Chairman, what is this about? I Question: Is it because the Pentagon study that says you get more bang for will give you my opinion. I will put wants these additional 20 B–2’s? Be- the buck, less risk, and much more myself on the line. This is about cause anyone that would argue that cost-effective than building 20 addi- money. This is about dollars. This is this is simply to buy B–2’s is giving you tional B–2’s. about billions of dollars. Where it is a very disingenuous argument. What Mr. DICKS. Mr. Chairman, will the built, where it is made, where it takes makes you more potent with 22 than gentleman yield? off and where it lands. It is not about 20? This is a down payment on 20 addi- Mr. DELLUMS. I will yield when I safety. I have dealt with that argu- tional B–2’s. make my comment. Then we will have ment. It is not about national security. June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5793 I have dealt with that argument. It is were Sentimental Journey and Bell the bottom-up-review levels, although I not about the realities of the post-cold- Bottom Trousers, Eyes of Baby Blue. consider those levels inadequate with war. Who are you going to fly B–2 Now we all know our great World War 7,500 slots. bombers against? Haiti, Somalia, II veteran, BOB STUMP, is on the floor. I will put in my statement at this Rwanda? Against Bosnia? This is ludi- I think that was his theme song then point on manpower, compensation, crous in the extreme. It is about and probably is now, is it not? medical reserve components, POW–MIA money. It is about building it. It is On a serious note to the body: The action, and all the good things we did about contractors saying, ‘‘Let me Battle of Okinawa, the bloodiest in all on personnel. It was great stuff, and I build 20 more.’’ of the Pacific campaign, started on want to thank the gentleman from Vir- It staggers the imagination, Mr. Easter Sunday, April 1. Today was the ginia, [Mr. PICKETT], and the gen- Chairman, what we could do in this 74th day of that battle; 13 to go. On tleman from Missouri, [Mr. SKELTON], room with $31.5 billion, and that is this day, June 13, hard fighting contin- and the gentleman from Mississippi, what it is going to cost, to revitalize ued on Okinawa, as flame-throwing [SONNY MONTGOMERY], and all of my the education for our children, or ad- tanks—you do not want to be on the great Democrats. What a great per- dress the health needs of our senior opposite side of that weapon—knock sonal contribution to the proud FLOYD citizens, or to move toward a national out Japanese caves and redoubts near SPENCE’S great bill. Vote for it and kill program on employment. the bottom of a 100-foot bluff. Soldiers those dangerous amendments. That $31.5 billion is no small change, of the U.S. 7th Infantry Division, Mr. Chairman, the Committee on National Mr. Chairman. That is a lot of money. Army, swarm up ropes to the top of the Security has reported a bill, H.R. 1530, that It seems to me that Members ought to bluff. protects force levels from further reduction and make the decision because we need it, I think I will remember that when we gives the Department of Defense the tools it it is in our national best interest. have hearings next month or the needs to preserve a ``quality'' fighting force. I would conclude by saying, ‘‘No, we month after or the month after on sub- The provisions are focused on four key don’t need it; no, we can’t afford it; jecting women in America to the vio- themes that I would like to highlight. and, yes, there are alternatives.’’ That lence of combat. No matter how won- MANPOWER is a conclusion acquiesced in by the derfully patriotic and gung ho they H.R. 1530 halts the precipitous military Secretary of Defense, the Chair of the may be, I cannot see women rappelling manpower drawdown by establishing perma- Joint Chiefs of Staff, two independent up ropes to the top of a bluff to engage nent end strength floors for each service at studies, and a whole lot of other people in hand-to-hand combat, slitting Bottom Up Review [BUR] levels. Although I in this country. I believe at the end of throats and bashing other young peo- consider the BUR manning levels inadequate, the day, the American people know we ple’s heads in with gun butts. legislated end strength floors are absolutely don’t need to build 20 more B–2 bomb- Similar tactics also wipe out Japa- essential to protect a core manpower capabil- ers. nese holdouts on Mounts Yuza-dake, ity. Mr. STUMP. Mr. Chairman, I yield 4 Yaeju-dake and two nearby hills. minutes to the gentleman from Califor- In addition, based on evidence that portions Meanwhile down in Brunei, in one of of each service are being stressed by high op- nia [Mr. DORNAN], chairman of the Sub- the most beautiful capitals in the committee on Military Personnel. erations tempo, the bill provides the Secretary world, the richest city in the world per- of Defense additional funding to enable him to PARLIAMENTARY INQUIRY son per person anywhere, the Aus- add up to 7,500 personnel to missions he con- Mr. DORNAN. Mr. Chairman, I have a tralians’ 9th Division, with heavy cas- siders most in need. parliamentary inquiry. ualties, takes that city in north Bor- The CHAIRMAN. The gentleman will neo and a nearby airfield. COMPENSATION state it. President Truman announces final Adequate pay remains critical to recruiting Mr. DORNAN. Mr. Chairman, how plans for a summit conference with a and retaining a quality force. H.R. 1530 pro- much time do we have on both sides, killer, Joseph Stalin, mass killer, vides a 2.4 percent pay raiseÐthe largest per- sir? worse than Hitler, and Winston mitted by current law, as well as a range of The CHAIRMAN. The gentleman Churchill in Potsdam, a Berlin suburb. housing initiatives over and above those con- from Arizona [Mr. STUMP] has 21 min- The Big Three will decide details of Eu- tained in the President's budget. Foremost utes remaining, and the gentleman rope’s postwar future and continues among the housing initiatives was a 5.2 per- from California [Mr. DELLUMS] has 10 the ghastly slavery for years, a lot of cent increase in the basic allowance for quar- minutes remaining. Christian nations. ters. This measureÐis nearly a 2 percent larg- Mr. DORNAN. I thank the Chair. The Polish government-in-exile in er than that requested by the PresidentÐre- (Mr. DORNAN asked and was given London refuses to participate in a Mos- duces the out-of-pocket housing costs to 19.5 permission to revise and extend his re- cow meeting intended to install a Com- percent for military personnel who live off- marks.) munist-evil empire dominated unity base. Mr. DORNAN. May I say to my friend administration. We protect the value of military retirement from California, you promulgated your Sad ending to the conflict, and here from erosion and restores the equity between esoteric cogitations and articulated we are in a dangerous world, pro- military and Federal civilian retirement COLAs. your sentimentalities profoundly and foundly different as the gentleman By allocating $403 million from non-readiness sagaciously. from California [Mr. DELLUMS] said, operations and maintenance [O&M] accounts, Mr. DELLUMS. There was nothing but still profoundly evil and profoundly the bill moves the military COLA payment date esoteric about what I said. to April 1996, in line with the Federal civilian Mr. DORNAN. I would not even yield bloody. The dinosaur of the evil empire is gone, the big Tyrannosaurus Rex, payment date. for that great a comment on yourself. H.R. 1530 also requires military personnel However, I just flew the B–2 on May and now we have thousands of poison- convicted by court-martial to forfeit pay and al- 1, and you are wrong at every count, ous snakes and know we would not use lowances during their period of confinement. wonderfully wrong, but as NORM DICKS the B–2 in Somalia, Rwanda, Uganda, This measure ends a travesty that permitted and I will participate in this debate on Haiti, but yes, we might use it in people convicted of horrendous crimes to ben- further, we will walk you down that Bosnia to stop the genocidal killing efit from uninterrupted military pay. path of error slowly, painfully but we there, to take out all of the bridges will turn you around. They are looking along the Danube and tell Milosevic to MEDICAL forward to flying you in a B–2. stop his genocidal killing cousins from Reflecting committee concerns about the sniping with expensive scope rifles lit- medical readiness of the reserve components. b 1715 tle 8-year-old children in the street or We provide a first-ever Department of Defense I want to dedicate this bill to all of hitting their mothers in the head as voluntary dental readiness insurance program the veterans of World War II and they hold their child’s hand. Yes, the (for members of the Selected Reserve.) Korea, particularly Vietnam and all of B–2 can be a great deterrent there. The bill also directs studies on two major the little killing fields in between. On my piece of the action, personnel, concerns: (1) alternatives to Medicare reim- In today’s paper, listen to this on manpower, we have established perma- bursement to the Department of Defense for World War II, it says the favorite songs nent end strengths to each service at care provided to beneficiaries over age 65, H 5794 CONGRESSIONAL RECORD — HOUSE June 13, 1995 and (2) the effectiveness of the TRICARE plan What we have done will support our unbudgeted contingencies and ongoing in providing military beneficiaries access to personnel and sustain readiness, today peacekeeping operations around the quality health care at lower cost. and tomorrow. world. If the President feels these mis- RESERVE COMPONENTS Witnesses appearing before the com- sions are in our national interest, he Because military technicians are a key to re- mittee seemed unanimous about one ought to come before Congress and ask serve component readiness, the bill increases major issue: for the required funding. the numbers of military technicians approxi- The most difficult challenge to readi- H.R. 1530 also makes a good downpay- mately 1,400 above the level requested by the ness involved taking dollars from oper- ment on future readiness by adding President's budget. ations and maintenance [O&M] ac- over $6 billion in much needed mod- Paying for the increased numbers of techni- counts in order to pay for unfunded ernization and procurement over the ciansÐa 5-year cost of $750 millionÐrequired contingency operations. President’s request. These accounts some tough choices. The President's budget They also pointed to the delay in pro- have been woefully neglected over the request contained more than $75 million for viding for timely reimbursement. past 10 years. Without the additions ``civil-military'' programs. Although some of They expressed concern about the provided in this bill, we would have these programs were successful, the commit- detrimental impact on unit training, procured no fighter aircraft, no small tee bill terminates the programs in favor of the depot maintenance, and mission criti- arms, insufficient ammunition, and direct readiness contribution expected from cal spare parts purchases. only two naval combatants in fiscal the additional technician manning. This was particularly troublesome year 1996. These levels would not have H.R. 1530 provides another major contribu- when the diversion of funds occurred even covered our losses due to retire- tion to the readiness of the reserve forces by late in the fiscal year. ment and attrition. This bill takes a including a mobilization income insurance This accounted for many genuine small step towards reducing the mod- plan. This plan will prevent a repeat of the fi- problems, as well as misperceptions, we ernization bow-wave we face in the nancial hardships experienced by many re- encountered late last year. next decade. servists involuntarily called to active duty dur- While some thought this problem was H.R. 1530 is as just important for ing the Persian Gulf War. too difficult to solve, I’m pleased to re- what it does not do, as for what it does. OTHER ISSUES port that this bill contains a solution. This bill does not break the budget or Finally, as an advocate for a full accounting We developed an interim funding increase the deficit. H.R. 1530, and for the POWs and MIAs of this Nation's wars, mechanism to cover the initial expense every project within it, provides for a it gives me great satisfaction that H.R. 1530 of unforeseen contingency operations. strong and stable national defense includes a provision that will establish a rigor- But we also require a supplemental budget within the confines of the ap- ous process to account for persons missing in appropriations request to cover the an- proved budget resolution. And this Re- action. ticipated costs in a timely manner. publican budget resolution sets us on These excellent results were achieved With the passage of this bill, the the glide path required to balance the through a bi-partisan effort within the sub- services and ‘‘CINCS’’ can look forward budget by 2002, a first since I have been committee. I would like to thank my col- to stability in the readiness accounts. here. leagues, especially the ranking member, Mr. And Congress can plan on execution H.R. 1530 does not cannibalize scarce PICKETT, and congratulate them for a very pro- of the budget as it was enacted. defense dollars to fritter away on non- ductive year. Other readiness initiatives included defense spending and pork-barrel I fully support H.R. 1530 and would urge my in H.R. 1530 will significantly enhance projects. colleagues to support it too. our ability to do oversight without H.R. 1530 does not waste money on Mr. DELLUMS. Mr. Chairman, I micro-managing the Defense Depart- bloated bureaucracy. On the contrary, yield 31⁄2 minutes to the distinguished ment. we recognize the significant downsizing gentleman from Virginia [Mr. SISISKY]. This bill provides the resources and in our Armed Forces and enact impor- (Mr. SISISKY asked and was given guidance necessary to meet readiness tant provisions to see these decreases permission to revise and extend his re- challenges today and in the future. reflected in the Pentagon bureaucracy. marks.) It is a sound measure and deserves The bill directs a 25 percent decrease in Mr. SISISKY. Mr. Chairman, I am your support. the Office of the Secretary of Defense honored to serve with Chairman BATE- Mr. STUMP. Mr. Chairman, I yield 3 and the senior civilian levels, and an- MAN as the ranking member of the minutes to the gentleman from Utah other 25 percent reduction in the bloat- House National Security Readiness [Mr. HANSEN]. ed acquisition force over the same pe- Subcommittee. (Mr. HANSEN asked and was given riod. I want to take this opportunity to permission to revise and extend his re- H.R. 1530 does not sit idly by and briefly discuss some of the steps the marks.) allow the President to underfund even subcommittee took to enhance our Mr. HANSEN. Mr. Chairman, I appre- his own bottom up by $50 billion over 5 military readiness. ciate the gentleman’s yielding time to years. I believe this bill authorizes a By any standard, it was apparent me. responsible and sustainable budget ca- throughout our deliberations that the Mr. Chairman, I rise in strong sup- pable of meeting all of our vital na- military readiness of our armed port of this bill. H.R. 1530 represents tional security needs. forces—today and tomorrow—is serious for me a new contract—a contract with Finally, and I believe most impor- business. It should be our highest de- our American servicemen and women. tantly, H.R. 1530 does not leave our fense priority. There should be no In this bill we place our highest pri- country and the American people de- doubt in anyone’s mind: this Nation ority on ensuring a fair quality of life fenseless against attack from ballistic has the best trained, best equipped, for our soldiers, sailors, airmen and missiles. The bill supports a wise and best led military forces anywhere in marines by fully funding a 2.4 percent robust program to develop and deploy the world. annual pay raise to help close the gap theater, and national, missile defense We can take pride in those who de- between military pay and pay in com- systems as soon as practicable. We live fend our Nation’s interests in so many parable private sector jobs. We also in an increasingly dangerous world. different parts of the world. provide for over $4 billion in construc- One where ballistic missile technology They often make great personal sac- tion of family housing, dormitories, and weapons of mass destruction, to in- rifices to do their jobs. and child development centers. clude nuclear, chemical and biological Our task is to ensure that we provide We also keep our word with these weapons, are in the hands, or soon will these great men and women with the young men and women by fully funding be, of well over a dozen countries. resources they require and the right operations and readiness accounts, Some of my colleagues continue to kind of oversight. that help ensure they remain the best rant about how the cold war is over. I The subcommittee recommendations trained and most ready fighting forces agree. That is precisely why we have to contained in H.R. 1530, provide ample in the world. The bill also includes pro- move forward and protect our own peo- evidence of our support for the great visions to stop the dangerous practice ple against the multilateral threats we people who serve in the U.S. military. of raiding of these accounts to pay for will certainly face in its wake. June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5795 Mr. Chairman, I fully support H.R. bomber. This is an incredible revolu- save lives in the future, we will have a 1530 and urge all of my colleagues, on tionary capability. bomber that will deter war and will both sides of the aisle, to vote for this I am not talking about the Soviet give our children a secure future. important bill and support the con- Union, by the way. I am talking about That is why I am going to vote for tract with the American service men Iraq, Iran, and North Korea. Having the the B–2. Does it cost a lot? Yes, it does. and women it represents. potential to stop those divisions before Will it save a lot of lives? Yes, it will Mr. DELLUMS. Mr. Chairman, I they move into the country is some- because we will be in a war and what yield 3 minutes to my distinguished thing that I think is of high military we do in the 21st century in war is de- colleague, the gentleman from Wash- value. termined by what we do here in 1995. ington [Mr. DICKS]. I would first say to And I would say to all of the Ameri- I am going to vote proudly for this the gentleman, I apologize, I thought I cans who are watching Captain bill, all of its components, the B–2 in- was alone on the floor and I have just O’Grady, Captain O’Grady did not have cluded, because I want to make sure in taken the time; I wanted to make my to be shot down. If he was in a stealth the 21st century that we have not only statement. I had hoped that he and I aircraft, an F–117, he would not have a balanced budget by setting our prior- been shot down. When he was shot could engage each other. ities today but that we have a military down, then we had to sent these kids in Mr. DICKS. Mr. Chairman, I appre- that can fight and win on two fronts. to rescue him, putting them in harm’s ciate the former chairman, the distin- And to my gentleman friend from Cali- way. guished ranking member, yielding time The value of stealth is that it allows fornia, 20 aircraft is one squadron. I to me. you to go into the most heavily de- want two squadrons to fight wherever I want to say to my good friend from fended areas, get the job done, and save we need to fight. California, I have always supported Americans lives. This is worth think- Mr. STUMP. Mr. Chairman, I yield 1 programs in this House of Representa- ing about and fighting for. minute to the gentleman from Dela- tives based on the merits of the argu- Mr. STUMP. Mr. Chairman, I yield 2 ware [Mr. CASTLE]. ments and for no other reason, and I minutes to the gentleman from South Mr. CASTLE. Mr. Chairman, I rise in think we run a great risk when we Carolina [Mr. GRAHAM]. support of the fiscal year 1996 National start looking at motives or trying to (Mr. GRAHAM asked and was given Defense Authorization Act and applaud suggest motives. permission to revise and extend his re- the committee’s efforts on four major I support this program, and I want to marks.) themes: maintenance and quality of make it clear why I support it. I be- Mr. GRAHAM. Mr. Chairman, there life for military families and troops, lieve the B–2 bomber with conventional has been a lot of talk. We have gone operational readiness, equipment mod- submunitions offers a potential to stop from George Washington I have heard ernization and financial operations, in- enemy divisions from being able to go mentioned, World War II, we fought it cluding structural reform. I think this into Kuwait or South Korea. The Rand again, very eloquently, I thought, and bill makes significant progress in each study shows that the B–2 with the sen- the gentleman who just spoke I think of these areas. sor fused weapon, about 1,200 bomblets made very, very good comments. I am However, I rise in support of the Ka- per airplane, three of them, could have not going to stand up here and predict sich amendment to delete the Commit- stopped Saddam’s division before it got the future, but I am certain about cer- tee on National Security proposal to into Kuwait. This is a revolutionary tain things about the future. When the include an additional $553 million in conventional war-fighting capability. 21st century gets here there will be a advanced procurement for long-lead I believe that if we had enough B–2’s, war, and American troops will be in- funding for additional B–2 bombers. and every study that has been done, volved. I do not think the debate should be reputable study, says we need between b 1730 about whether it is these are good air- 40 and 60 of these planes. I asked Colin planes or not, but whether or not we Powell at the White House just a few When that does happen, and I know it can afford it. You are looking at a rel- weeks ago, ‘‘What did you recommend will happen, I want to make sure that, atively small sum of money now, but to Dick Cheney?’’ He said, ‘‘I rec- as the gentleman who just spoke, that as the gentleman from California [Mr. we have the best technology available ommended 50 B–2’s.’’ I would point out DELLUMS] has appointed out consist- that Dick Cheney now regrets his deci- to fight that war. ently today, it grows to a large sum of If you do not compete techno- sion. He is one of eight Secretaries of money. It is in the tens, twenties, even logically in business, you lose your Defense who has written President the $31.5 billion which has been ref- profit or market share. If you are not Clinton and said do not stop the indus- erenced here. Cost is a major issue as technologically advanced in war, you trial base, keep those planes coming, we try to balance the budget by 2002. lost your life. we need more B–2’s. There are a lot of Captain O’Grady’s This is a significant factor. Why do I feel so strongly about this? out there who will fly whatever we tell I would also say I have seen no real Because stealth technology proved it- them to fly. I want them to fly the best agreement among the military whether self in the gulf war. The F–117’s were technologically available, to have the or not we really need this. Admittedly, able to go in, take out the most heav- least risk possible, but there will al- there are those who say we do. Just as ily defended targets. They can knock ways be risk, no matter what tech- admittedly, there are those who say we out the surface-to-air missiles, and it nology we choose. do not. There is even some question allowed us to win the air war quickly, But let it be said that the 21st cen- about the concurrent war strategy, two saving American lives, saving Amer- tury has to be planned for today. Here concurrent war strategies. So, for all of ican treasure. are some facts. In the year 2002, I want these reasons, I would suggest at this I can see a day in the future, if we a balanced budget, and I will vote for a time we delete that provision. had the 40 to 60 B–2’s that I would like balanced budget, for the Neumann bill Mr. Chairman, I rise in support of fiscal year to see, if we could put 15 to 20 at Diego that balances the budget quicker than 1996's National Defense Authorization Act, Garcia, 15 to 20 at Guam, 15 to 20 at Kasich. I want a deterrent force of and applaud the committee's efforts to focus Whiteman Air Force Base, where we bombers that will protect this country. on four major themes: maintenance and qual- could have a conventional deterrent. If Not only do I want a balanced budget ity of life for military families and troops; oper- that in fact was a reality and we did for our children, I want a free and safe ational readiness; equipment modernization; not have to fight the war in the gulf, America for our children. The facts are and financial operations, including structural then we would not have had to spend this: In the year 2002, the B–52, which reform. This bill makes significant progress in the $10 billion to move our forces to has been a great aircraft, will be over each of these areas. the gulf and the $60 billion to fight the 40 years of age. The B–1 is a 1980’s-vin- I wanted to briefly comment on the Kasich war. That is why I think this is impor- tage aircraft without Stealth tech- amendment to delete the National Security tant. There are so many things we are nology. Committee proposal to include an additional paying for in the defense budget that If we start today and plan today and $553 million in advance procurement for long- do not have the value of the stealth spend some money, not only will we lead funding for additional B±2 bombers. H 5796 CONGRESSIONAL RECORD — HOUSE June 13, 1995 To be sure, the B±2 bomber is an awesome As we look now at this prospect of have. It concerns funding for the B–2 aircraft, and I wish we could afford to build an- not proceeding with the B–2, it strikes bomber. other 20, or even more. But there are two me that it would be for the first time, I believe it is critical we vote to facts to consider: one, that buying more B±2's the first time in the history of our maintain the funding contained in the means that you agree that we face such a suf- country, that we would have taken a National Security Committee bill. We ficient threat that warrants having the bomber retrograde step on a new and advanced will hear a lot of talk today that the capability to fight two simultaneous regional technology. Arguments have been cold war is over and we do not need to conflicts, and two, that we can afford addi- made throughout this debate about the spend taxpayer money on defense tional B±2's. very serious national security threats needs. I agree we would need closer to forty B±2's that exist worldwide, and there was an However, let us take a moment to for such a military strategy, but disagree with interesting piece in yesterday’s USA look at what has happened to our de- this dubious strategy, and believe the likeli- Today by Tony Snow, talking about fense structure since the end of the hood of facing such a scenario is extremely the continued nuclear threat that re- cold war. First, we have closed more low. We no longer face an immediate or immi- mains on the horizon, and the chal- bases at home and overseas than at any nent global challenge from a competing super- lenge that we have is a very serious other time in our Nation’s history. power, let alone a likely scenario under which one. Second, we are retiring more aircraft we would have to fight two major concurrent I come from California. Yes, the B–2 and submarines than are currently wars. is very important for our State, but, being built. Third, we have drawn down Furthermore, two 1995 studies commis- quite frankly, job creation in Califor- our military to numbers which have sioned by the Department of Defense at the nia is nothing more than an ancillary not been seen in a generation. direction of the Congress have found that benefit, as far as I am concerned. Mr. Chairman, while it is true the there are other, more cost-effective options for It is essential that we move ahead cold war may be over, we cannot expect improving U.S. military capabilities than buying with this very important technology, our future military leaders to engage more B±2's. According to the reports, the cur- and I hope that in a bipartisan way we the Saddam Husseins of the 21st cen- rently planned bomber force can meet military can proceed with this. tury with 50-year-old B–52’s and 30- requirements for fighting two major regional Mr. STUMP. Mr. Chairman, I yield 1 year-old B–1 bombers. conflicts through a mix of B±52's, B±1's, and minute to the gentleman from Florida Seven former Secretaries of Defense, B±2's. It would be more cost-effective to buy [Mr. SCARBOROUGH]. the former commander of air operation additional precision-guided munitions for the Mr. SCARBOROUGH. Mr. Chairman, during Desert Storm, and President bomber force and to upgrade B±1 bombers a little while ago, the gentlewoman Bush’s former Secretary of the Air than to build more than 20 B±2's. from Colorado got on the floor and at- Force, all recognize this fact. It is time While we might be able to afford the addi- tacked this budget as being a retro that Congress recognize it as well. Vote tional funds the committee has forwarded now, budget, and yuppie-speak, that we were ‘‘no’’ on the Dellums-Kasich amend- as we move down the road to the year 2002 somehow going back towards the Cold ment. and toward a balanced budget, agreeing to War. Mr. STUMP. Mr. Chairman, I yield further funds to procure 20 more B±2'sÐat a Well, the fact of the matter is our such time as he may consume to the total cost of almost $40 billionÐwill most cer- program for defense in the 21st century gentleman from Ohio [Mr. GILLMOR]. tainly be a budget buster, and could lead us looks forward to the challenges facing (Mr. GILLMOR asked and was given unwillingly toward procurement of further B± us in the 21st century. If you want to permission to revise and extend his re- 2's in Defense budgets that might offer little talk about retro, let us talk about marks.) prospect of buying more B±2's. what has happened five times in this Mr. GILLMOR. Mr. Chairman, I rise While I am a strong supporter of a robust century when we have unilaterally dis- in support of the bill. and fully well-rounded defense posture, at this armed, with disastrous results. Mr. Chairman, few other programs in the juncture in our budgetary debates, and at this We need to make sure, as we put to- Federal budget have received more scrutiny time of fiscal constraint, I find it hard to justify gether our plans for a military force in than the Civilian Marksmanship Program. such an expenditure. The billions of dollars the 21st century, that we do not end Much of this scrutiny has demonstrated a that would be needed to sustain such an effort this century with a sixth unilateral clear lack of knowledge about the program. To are not affordable, nor is the very real possibil- disarmament. set the record straight, I raise three points. ity, according to the General Accounting Of- We have cut military forces enough First, although the Civilian Marksmanship fice, of cost overruns. I urge passage of this bill, and of the Kasich over the past 5 years. We need to move Program was created by Congress in 1916 to amendment. forward with a strong, bold defense promote marksmanship among able-bodied Mr. STUMP. Mr. Chairman, I yield 2 agenda that will protect our country in citizens, the 102d Congress restructured the minutes to the gentleman from Califor- the years to come and put first things program by statute, downsizing it. The pro- nia [Mr. DREIER]. first. gram currently focuses on marksmanship (Mr. DREIER asked and was given I would ask the gentlewoman from training for American youth, aged 10±17. This permission to revise and extend his re- Colorado to be reminded of the words training includes, in part, 450 Boy Scouts of marks.) of John Kennedy on inauguration day America summer training camps which benefit Mr. DREIER. Mr. Chairman, I thank in 1961 when he said, ‘‘We dare not approximately 450,000 scouts. The cost to the my friend for yielding me this time. tempt our enemies with weakness, for taxpayers for the Boy Scout camps was I rise in strong support of this bill, only when our arms are sufficient be- roughly 50 cents per participant. and I would like to take just a moment yond doubt can we be certain beyond Second, while the program has never been to focus on the fact that over the past doubt that they will never be em- intended as a recruiting tool, the junior partici- several weeks we have been talking ployed.’’ Good advice for us as we look pating in the program have frequently been about this great hero, Captain to the 21st century. exposed to role model service men and O’Grady, and the Marines who rescued Mr. STUMP. Mr. Chairman, I yield 2 women on marksmanship teams. The result of him, and there has not been a lot of at- minutes to the gentleman from Califor- this positive exposure has resulted in conserv- tention focused on, quite frankly, the nia [Mr. MCKEON]. ative estimates that nearly 2,400 past partici- vulnerability of the F–16’s and other Mr. MCKEON. Mr. Chairman, I rise pants annually volunteer for the armed forces. aircraft that we have in our arsenal. today in support of the Defense Au- Moreover, the positive exposure is not lim- It seems to me that as we proceed thorization Act, as reported by the ited to active duty personnel. Adult trainer also with this very important measure, that Committee on National Security. include parents, law enforcement officers, na- we need to realize that we are in a very As a new member of the committee, tional guardsmen and reservists, and volun- precarious situation in Bosnia, and the I believe that this legislation makes teer active in Boys Scouts, Future Farmers of problem that the F–16’s face is that major strides in advancing a strong America, the American Legion, the Jaycees, they were not accompanied by the EF– U.S. defense policy. 4±H, and others. 111’s or the EA–6B’s, which are essen- Mr. Chairman, there is a particular Values instilled in youth participants through tial, absolutely essential, to jam issue that will be addressed today that these volunteers in this program include self- enemy radar. I wish to talk about in the brief time I discipline, responsibility, safety discipline, self- June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5797 esteem, and character development. Any link half of our privatization efforts in both the Sub- an additional $9.7 billion at it. The Pentagon is opponents try to draw between this programs committee on Military Readiness and the not known for low-balling its fiscal needs. Yet and urban violence is comparable to linking Committee on National Security. the present budget covers funding for two full- Olympic boxing competition with hoodlum I also want to thank Congressman CHET ED- scale Persian Gulf wars to be fought simulta- street fighting. WARDS, Subcommittee Chairman HERB BATE- neously. In the wake of the Oklahoma City bombing, MAN and Congresswoman MARCY KAPTUR for The cold war is indeed over, and it is nec- some of the long standing opponents of the their help on this amendment. Finally, I would essary to secure readiness during a cold Civilian Marksmanship Program have called also like to recognize and thank Congressman peace, yet this almost $10 billion additional for its abolition based on the remote possibility JOHN DINGELL and Congressman JACK MUR- funding not requested but built into the bill is that terrorists might have participated in Civil- THA for their past support of the Civilian indefensible. ian Marksmanship Program activities. Under Marksmanship Program. It is indefensible to eliminate the Technology this reasoning, we would outlaw all intercity I urge my colleagues to support this bi-par- Reinvestment Program, which has success- youth programming based on the possibility tisan amendment. fully helped develop technologies important to that a gang member may have participated. Mr. STUMP. Mr. Chairman, I yield 2 both our military and our commercial indus- Mr. Chairman, obviously the reasoning in both minutes to the gentleman from Mary- tries. circumstances is absurd. land [Mr. BARTLETT]. It is indefensible to deny women service Third, the cost of the program per partici- Mr. BARTLETT of Maryland, Mr. members and women dependents the ability pant is cost-effective when compared to simi- Chairman, I rise today in strong sup- to privately pay for and obtain abortion serv- port of H.R. 1530, the FY 96 Defense Au- lar federally funded youth programs. The Na- ices at U.S. military facilities abroad, espe- thorization Act. While this bill con- tional Youth Sports Program, funded through cially when such services are legal in the Unit- tains many items which will greatly the Department of Health and Human Serv- ed States but may be unavailable in other strengthen our national security, I be- ices, reached 70,000 youth in 1993 at a cost countries. lieve none are as crucial as the item of $9.4 million of $134 per participant. Like the And it is indefensible to discriminate against which we will vote on first. civilian marksmanship program, the stated H.R. 1530 includes authorization of those women and men who would lay down goals of this program are to motivate youth to $553 million for long-lead procurement their lives for this country, yet would be imme- earn and learn self-respect through a program of the B–2 bomber; as far as I know diately discharged from service for contacting of sports instruction and competition. there is no B–2 production in our Dis- HIV. If the Civilian Marksmanship Program only trict. This money does not commit the Mr. Chairman, this Defense Authorization reached the 36,000 junior club members United States to buying any specific bill is a dangerous hodge-podge of runaway whose organizations participated in the na- amount of aircraft, it simply keeps the spending and Government intrusion into the tional matches last year, the cost per partici- production base alive until we can private lives of our military personnel. I strong- pant would be under $70 per youth. The Civil- come to a decision on how many air- ly urge my colleagues to reject this indefensi- ian Marksmanship Program, however, posi- craft are needed to maintain a strong ble legislation. tively impacts many more youth, including Mr. DELLUMS. Mr. Chairman, I national defense. 1 nearly one-half million Boy Scouts. The Kasich-Dellums amendment yield 1 ⁄2 minutes to my distinguished Mr. Chairman, while I believe that the cost would terminate any future production colleague, the gentleman from Penn- effectiveness of the Civilian Marksmanship of the B–2 bomber. I believe this sylvania [Mr. FATTAH]. Program is noteworthy, I am also mindful of amendment is penny wise and pound Mr. FATTAH. Mr. Chairman, let me our commitment to balance the Federal budg- foolish. Terminating production of the thank the ranking member for yielding et by 2002. Given these budgetary pressures, B–2 industrial base will signify that the this time to me. I have been working for several months to United States has no future require- Our requirement is to protect this draft a proposal that would preserve the Civil- ment for heavy bomber production. country from foreign and domestic ian Marksmanship Program without the need The only heavy bombers currently in threats to our security. of any further appropriations. our inventory are the B–52’s which by I rise in opposition to this bill. But The Edwards-Gillmor amendment is the re- the year 2005 will be nearly 40 years old for those who are so eager to spend bil- sult of good faith efforts by Members of both and ready for retirement, leaving the lions more on defense, while in any sides of the aisle. The product is a rational so- United States with only 20 heavy comparative analysis we now know lution which achieves the dual goals of preser- bombers from the last B–2 purchase. that we already spend more than most vation and privatization. The amendment has This amendment would leave the Unit- of the other nations combined in this three major components. ed States unable of penetrating strong world, combined on defense, I would re- First, the amendment replaces the current opponents, jeopardizing our national mind us there are other threats to our National Board for the Promotion of Rifle Prac- security. security. For our veterans who partici- tice and the Army's Director of Civilian Marks- I know JOHN KASICH strongly sup- pated in the Persian Gulf war who are manship with a independent nonprofit federal ports our military. And I am as much a now homeless in our streets, they are corporation. Second, the amendment allows deficit hawk as any Member of Con- not as secure as they ought to be. the new corporation to solicit funds from non- gress. I strongly supported Mr. KA- For children, millions of whom are federal sources, eliminating the need for direct SICH’s budget, I supported the Penny- not getting the kind of nutrition they appropriations. By comparing FY 95 and FY Kasich amendment and I believe Mr. need to grow and develop, they are not 96, this approach saves the taxpayers $2.5 KASICH has the vision to guide the as secure and our future is not as se- million. Third, the amendment preserves the budget process through the next cen- cure because of their condition. basic components of the current civilian tury. But I repeat, this amendment is For senior citizens who in our colder marksmanship program. Penny Wise and Pound Foolish. Let’s weather States will bear the brunt of a I have fully consulted Army Under Secretary not tie our hands behind our back when winter and some would have us, the Joe Reeder about the provisions of this national security is involved. new majority, without the aid of fuel amendment and he has told me that the Army Support a strong Defense. Oppose the assistance for them, some of them who is comfortable with them. Dellums-Kasich B–2 amendment. will freeze to death, they are not as se- Mr. Chairman, the civilian marksmanship Mr. DELLUMS. Mr. Chairman, I cure as they ought to be. program has a history of being one of the yield such time as she may consume to It is interesting to see these people most cost-effective youth programs funded by the gentlewoman from California [Ms. who want to cut the budget so much the Federal Government. But given current ESCHOO]. now, and want to spend more than even budget necessities, the time has come for this (Ms. ESHOO asked and was given per- the Pentagon has requested, and have program to wean itself from appropriated mission to revise and extend her re- us again throw additional dollars into funds. This amendment does that. marks.) the development of a B–2 bomber. I would like to thank Rules Committee Ms. ESHOO. Mr. Chairman, I rise I am sure many are sincere in their Chairman JERRY SOLOMON for his past support today in strong opposition to this de- objectives, but it just seems to be un- and hands-on leadership on this issue. I would fense authorization bill. wise at this point in our country, given like to thank Congressman DUKE CUNNINGHAM It's indefensible to disregard the Pentagon's our fiscal circumstances and given the for his very active and supportive role on be- request for $258 billion in funding and throw responsibility and the concerns about H 5798 CONGRESSIONAL RECORD — HOUSE June 13, 1995 threats, both foreign and domestic, I say to my colleagues, ‘‘Vote for this Armed Forces. They include enhancing the that we should reconsider perhaps what bill as it is, and you guarantee the kind quality of life for America's servicemen and our priorities as a House ought to be. of painful cuts in education and health women by raising their pay and rehabilitating Mr. DELLUMS. Mr. Chairman, I and elsewhere that we could avoid.’’ their housing, thus preserving the standard of yield the remainder of my time to my Mr. STUMP. Mr. Chairman, I yield 2 living needed for readiness and troop morale. distinguished colleague, the gentleman minutes to the gentleman from Florida They also include undertaking the long-over- from Massachusetts [Mr. FRANK]. [Mr. STEARNS]. due task of military modernization by providing Mr. FRANK of Massachusetts. Mr. (Mr. STEARNS asked and was given for the development and deployment of na- Chairman, we will do some strange permission to revise and extend his re- tional and theater missile defense systems. things this year, as legislative bodies marks.) H.R. 1530 also addresses the role of Ameri- often do, but I believe this is the looni- Mr. STEARNS. Mr. Chairman, I, in ca's military in the world, including our involve- est tune that will be sung here. the short time I have, cannot read and ment in NATO and the United Nations. This We are simply going to buy 20 new B– provide my complete statement, but bill would correct the gross funding inequities 2 bombers for a mission that did not there are portions of it I would like to that have plagued our involvement in inter- exist when the bomber existed. It is present. national peacekeeping missions. In addition, I truly a plane in search of a mission. We Obviously I rise today in strong sup- strongly support the provisions of H.R. 1530 have a rule which insulates more nu- port of the National Defense Author- requiring the President to certify to Congress clear submarines from even being de- ization Act. This legislation represents that vital American interests are at stake be- bated here. People should understand, a major step toward revitalizing our fore ever placing U.S. troops under U.N. com- yes, there are dangerous countries in Nation’s armed forces which have been mand. It is the least we can do for our troops the world today other than the Soviet grievously weakened in recent years by to bring some common sense and account- Union. There were 10 years ago. the administration’s defense cuts. This ability to our foreign operations. The biggest single threat has been bill will at long last halt this dan- Furthermore, I wish to proclaim my strong defeated, and to have people come and gerous decline in defense spending. Fi- support for the committee's recommendation tell us, now the Soviet Union has col- nally we have a chance to vote on a to include funding for the B±2 Bomber Pro- lapsed, that the world is a more dan- forward-looking defense authorization gram. As we all are aware, the Nation's long- gerous place simply illustrates how bill, one that concentrates on readi- range bomber force consists primarily of just desperately people will flail around for ness, military capability, not just for arguments to justify things they must two aircraft: the antiquated B±52 and the B± today, but for tomorrow. have some other reason for wanting to 1, making the B±2 a necessary addition. But Mr. Chairman, what I would like to the B±2 is not only necessary, it is practical. do. do just briefly is talk about two pro- But understand the consequences. We Without question it is the most cost-effective grams, and I know this is going to be are in a zero-sum situation. Build more and common-sense means of long-range force the most contentious issue on the nuclear submarines, and you must cut projection. Financially, funding the B±2's now Medicare; build more B–2 bombers and House floor, and perhaps both sides of makes sense. If we don't fund them this year, it comes out of college student aid; the aisle will have major contribution the production line will close, and the cost of give the Pentagon $9 billion more than to this debate, but I rise in strong sup- restarting it later will prove prohibitively costly. the President asked for and prevent the port for the committee’s recommenda- Let's not let this happen. The B±2 may well be House from voting to reduce it to the tion to include funding for the B–2 the single most critical asset in our Nation's President’s number, and you will cut bomber program. Air Force structure. I urge my colleagues to the National Institutes of Health. I am a fiscal conservative. I am well support the committee's language regarding Members on the other side have said aware that we are trying to balance the B±2 Program. to the American people, ‘‘Gee, we the budget, and I have much admira- Mr. Chairman, H.R. 1530 makes sense. would like to do more about cancer re- tion for the Committee on the Budget This legislation offers a sound approach to search. We do not want to make your and what they are trying to do. Defense funding. I commend the committee students pay more in college. We are As we are all aware, however, the Na- and the chairman of the committee for their sorry we are cutting back on Medicare. tion’s long-range bomber force consists work on this bill, which is fully deserving of our We wish we could do more about edu- primarily of just two aircraft, the anti- support. As such, I urge all my colleagues to cation. We would like to have more quated B–52 and the B–1. Making the B– vote for the committee bill and to oppose any help to cities trying to combat water 2 a necessary addition is important, weakening amendments. pollution, but we cannot afford it.’’ but the B–2 is not only necessary, it is Mr. SPENCE. Mr. Chairman, I yield Why can we not afford it? practical. Without question it is the the balance of my time to the gen- most cost effective and common sense tleman from California [Mr. b 1745 means of long-range force projection. CUNNINGHAM]. Because we have brought forward a Finally, funding the B–2 now makes The CHAIRMAN. The gentleman bill today which lavishes money on the sense. If we do not fund them this year, from California [Mr. CUNNINGHAM] is Pentagon and restricts amendments the production line will close and the recognized for 2 minutes. that would try to cut it, and under- cost of restarting it later will prove Mr. CUNNINGHAM. Mr. Chairman, I stand that we are not simply talking prohibitively costly. Let us not let this would ask my colleagues to think about a dangerous world. We are talk- happen. The B–2 may well be the single about what a flak suppression mission ing about a world in which people on most critical asset in our Nation’s Air is. On the May 10, 1972, it is a mission the other side want the United States Force structure, and I urge my col- in which one precedes their actual disproportionately to bear the burden. leagues to accept the committee’s lan- bomber forces of their F–15’s, F–16’s, F– They will cut foreign assistance for guage on the B–2 bomber. 18’s, and they knock out the SAM sites Africa, hundreds of millions that will Mr. Chairman, I rise today in strong support like shot down our young Air Force go to keep poor children from starving, of the National Defense Authorization Act. friend, and on May 10, 1972, we lost four but then having cut the hundreds of This legislation represents a major step to- Phantoms. My airplane was one of millions from the poorest of the poor in ward revitalizing our Nation's Armed Forces, those knocking out those SAM sites. A Africa, they will give tens of billions to which have been grievously weakened in re- B–2 bomber can go in anywhere and the Europeans and the wealthy East cent years by steep Clinton administration de- knock out those SAM sites. Asians so they do not have to have fense cuts. And is there a dangerous world, in military budgets of their own. This is a H.R. 1530 will, at long last, halt this dan- this gentleman’s opinion? Yes, there is. continued blank check from the United gerous decline in defense spending. Finally, I would ask my colleagues: States to the wealthy nations of the we have a chance to vote on a forward-look- Look at the lives we would have world. ing defense authorization bill, one that con- saved in World War II going into We do too little to alleviate poverty. centrates on readiness and military capability Ploesti with a single B–2, and not just We do far too much to support luxury not just for today, but for tomorrow. our lives, but Allied lives, and now in parts of the world which do not have The key components of this legislation bring today we have got SA–6’s and SA–2’s to spend money because we do. much needed improvements to our Nation's and even SA–12’s. In Vietnam we had a June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5799 one-to-one kill ratio against the Mig’s. Seawolf, and I want to address this issue. I would like to remind my colleagues what is We shot down—for every MIG we shot First, the Navy has already invested $920 mil- wrong with this provision. down we lost a fighter. lion in the third Seawolf, and this year, re- It tries to rewrite the Constitution on the We established the Navy Fighter quested $1.5 billion to complete the ship. The President's authority as Commander-in-Chief, Weapons School, and our kill ration cost to the Government to not build the boat and then includes language stating that this went from 12 to 1, but yet this year we will be an additional $1 billion in added over- rewrite of the Constitution does not in fact re- lost all of the F–16’s from Top Gun in head and liability costs to existing contracts, write the Constitution on these points. our adversaries squadron because we do as well as program cancellation costs. Further, It insults the U.S. military by micro-manag- not have the dollars to pay for it. We if we fail to move forward with the Navy's plan ing in statute how the military establishes sen- have post-Korean aircraft, A–4’s and A– to build the third Seawolf, our nation will lose sitive and complicated command and control 5’s, to train our pilots against poten- the unique capabilities of the hundreds of sub- arrangements. tial enemy pilots. The Air Force has marine vendors across the U.S. who build the It prohibits any U.S. troops from serving not bought a single plane in 2 years. submarine components. under U.N. command, even if the U.N. com- The Navy bought 28 airplanes last year. During the 1980's, Congress authorized mander is a U.S. military officer, without prior Finland has bought more fighter air- construction of 38 submarines. So far in the Congressional approval, unless the President craft than all our services combined in 1990s, Congress has authorized only 4, an 89 certifies 15 days in advance. our last two procurements. percent reduction. While the reduction in pro- The U.S. would be required to pull troops And we are asking does it take food curement rates is a result of the end of the out of Korea, the Western Sahara, Georgia, out of childen’s mouths and so on? I cold war, unsettled areas and unknown threats Kuwait, and Jerusalem because there are for- want our men and women to come still require our American military forces to eign military officers in the chain of command back, not in body bags, and I do not have the most capable intelligence gathering, of those U.N. peacekeeping operations and no want to mourn them during Memorial warfighting platform at sea. This military re- Presidential certification has been made. Day. But I would like them to come quirement will be met with the third Seawolf. Had this provision been law in 1990, U.S. back alive with the best equipment. I am hopeful that Congress will approve the troops could not have participated in Desert I talked to drill sergeants and chiefs, Navy's plan when the Defense Authorization Storm (elements of the 82nd Airborne Brigade master chiefs in the services, and they bill goes to a conference committee. If we served under French command). tell me they are telling their children, don't, we will waste close to $2 billion and our When the Department of Defense was their daughters and their sons, not to Navy will get nothing in return. Try to explain asked during the International Relations Com- come into our services because of base that one to your constituents back home. mittee markup of H.R. 7 about these precise closures and the defense cuts that we Mr. BOEHLERT. Mr. Chairman, I come to command requirements, they replied that even have had, the uncertainty of their fu- the People's House today to tell my col- a U.S. commander of U.S. troops in the Unit- tures. We are way below the bottom-up leagues that I am outraged that some military ed States would not always have the authority review, and I would ask my colleagues personnel who commit serious crimesÐmur- over his troops required by this provision, such to think seriously about the level in der, rape, child molestationÐcontinue to re- as the authority to ``dismiss'' subordinates uni- defense of this country, and I would ceive active duty pay during their confinement. laterally. Last year, just in the month of June alone, ask my colleagues to support this bill, The President's policy on peacekeeping, more than $700,000 was paid to military con- and I ask it humbly. PDD±25, already states that the United States victs. In effect, we're saying that if you serve Mr. GEJDENSON. Mr. Chairman, I rise will not put large numbers of U.S. troops in the military and you commit a crime, you today to express my concerns about the Na- under foreign or U.N. command unless we are can still receive a government paycheck while tional Security Committee's decision to alter comfortable with the command and control ar- you serve your prison sentence. That's just the Navy's submarine plan. While I appreciate rangements. That policy answers our concerns plain wrong. Not only is it burdensome on the committee's recognition of the military about foreign command and control. We do American taxpayers, costing millions of their need to maintain the Electric Boat shipyard, not need section 1201 to protect our interests, hard-earned dollars annually, it is a slap in the the world's preeminent submarine designer or dictate to our military. A recent Wall Street face to the victims and their families. This and builder. I am very concerned about the Journal editorial said ``diminishing the legiti- gives a whole new meaning to the phrase mate powers of the presidency, even in this decision not to authorize the third Seawolf ``crime pays,'' and we in Congress have a particular way, is poor precedent''. (SSN±23). In addition to support from our special obligation to say, ``No, it doesn't.'' party leaders, President Clinton, Speaker To correct this intolerable situation, section Section 1202 poses a different set of prob- GINGRICH and Senator DOLE, the plan has also 542 of the National Defense Authorization Act lems. I believe the intent of the provision is to been endorsed by the Secretary of the Navy, requires the forfeiture of pay and allowances prohibit using Department of Defense funds to the Secretary of Defense, the Joint Chiefs of during a period of confinement resulting from pay the U.S. peacekeeping assessment to the Staff and several other independent agencies. the sentence of a court-martial, effective im- United Nations. As written, however, I believe Many of you have been briefed by the intel- mediately. The percentage of pay and allow- it may do much more. It states that funds ligence community on the new threats con- ances forfeited is the maximum percentage available to the Defense Department may not fronting American military forces in the post- that the court-martial could have directed as be used ``for the costs of a U.N. peacekeeping cold-war era. Currently, the Russians have six part of the sentenceÐthat's 100 percent in a activity''. It further states that this prohibition submarines at sea that are quieter than our general court-martial. applies to voluntary contributions, as well as most advanced submarines. Even as their I support this section of the National De- the assessed contributions. economic and political struggles persist, they fense Authorization Act, and strongly urge my I am concerned that this language could be continue to invest in their submarine force, colleagues to do the same. interpreted to prohibit the use of Defense De- sacrificing investments in strategic bomber, Mr. HAMILTON. Mr. Chairman, I rise in op- partment funds to enforce the no-fly zones in land-based and surface ship forces. All told, position to sections 1201 and 1202 of H.R. Iraq and the former Yugoslavia, prohibit last more than 40 nations are operating over 600 1530, the National Defense Authorization Act. year's United States assistance in the with- submarines today. And many other adversarial These provisions impose unacceptable restric- drawal of UNOSOM II from Somalia, or pro- nations continue to import and develop ad- tions on the President's ability to conduct for- hibit last year's humanitarian operation in vanced submarine designs, technologies and eign policy, and on his authority as Com- Rwanda. That may not have been the inten- components. mander-in-Chief. tion of this section, but that may be its result. Clearly, submarines are now recognized Section 1201 concerns U.S. military com- We simply do not know the impact of this pro- worldwide as the critical element of a country's mand and control structures. It reflects a pol- vision. national security strategy. If Congress wants icy position most of us, Democrats and Re- I do not believe it is in the U.S. interest to the U.S. Navy to protect our maritime trade in- publicans alike, agree with. We don't like the prohibit the Defense Department from making terests and maintain our nation's dominance idea of U.S. soldiers serving under anyone ex- voluntary contributions in support of U.N. at sea, then we must authorize completion of cept U.S. commanders. peacekeeping if it sees fit. There was no time what will be the world's most capable sub- But this provision, in its radical attempt to to debate this provision when it was consid- marine, SSN±23. The military capabilities of legislate every area of U.S. military policy, ered as part of H.R. 7, and there will be no SSN±23 will be unmatched! goes too far. time to debate it on this bill. I know that many of my colleagues are con- This provision repeats the debate we had I believe we need to consider these impor- cerned about the cost of completing the third just a few months ago on H.R. 7. tant matters with more time and care than has H 5800 CONGRESSIONAL RECORD — HOUSE June 13, 1995 been allowed thus far. I urge my colleagues to Sec. 202. Amount for basic research and explor- Sec. 313. Charges for goods and services pro- oppose sections 1201 and 1202 of this bill. atory development. vided through Defense Business The CHAIRMAN. All time for general Sec. 203. Modifications to Strategic Environ- Operations Fund and termination mental Research and Development of advance billing practices. debate has expired. Program. Pursuant to the rule, the committee Sec. 314. Annual proposed budget for operation Subtitle B—Program Requirements, of Defense Business Operations amendment in the nature of a sub- Restrictions, and Limitations Fund. stitute printed in the bill, as modified Sec. 211. Space launch modernization. Sec. 315. Reduction in requests for transpor- by striking section 807, and by an Sec. 212. Maneuver variant unmanned aerial tation funded through Defense amendment printed in part 3 of House vehicle. Business Operations Fund. Report 104–136, is considered as an Sec. 213. Tactical manned reconnaissance. original bill for the purpose of amend- Sec. 214. Advanced lithography program. Subtitle C—Environmental Provisions Sec. 215. Enhanced fiber optic guided missile ment and is considered as having been Sec. 321. Clarification of services and property system. that may be exchanged to benefit read. Sec. 216. Joint Advanced Strike Technology the historical collection of the The text of the committee amend- (JAST) program. Armed Forces. ment in the nature of a substitute, as Subtitle C—Ballistic Missile Defense Act of Sec. 322. Addition of amounts creditable to de- modified, is as follows: 1995 fense environmental restoration H.R. 1530 Sec. 231. Short title. account. Sec. 232. Ballistic missile defense policy of the Be it enacted by the Senate and House of Rep- Sec. 323. Repeal of certain environmental edu- resentatives of the United States of America in United States. Sec. 233. Implementation of policy. cation programs. Congress assembled, Sec. 234. Follow-on technologies research and Sec. 324. Repeal of limitation on obligation of SECTION 1. SHORT TITLE. development. amounts transferred from envi- This Act may be cited as the ‘‘National De- Sec. 235. Policy on compliance with the ABM ronmental restoration transfer ac- fense Authorization Act for Fiscal Year 1996’’. Treaty. count. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; Sec. 236. Ballistic Missile Defense program ac- Sec. 325. Elimination of authority to transfer TABLE OF CONTENTS. countability. amounts for toxicological profiles. (a) DIVISIONS.—This Act is organized into Sec. 237. ABM Treaty defined. Sec. 238. Repeal of Missile Defense Act of 1991. Sec. 326. Sense of Congress on use of Defense three divisions as follows: Environmental Restoration Ac- Subtitle D—Other Ballistic Missile Defense (1) Division A—Department of Defense Au- count. thorizations. Provisions (2) Division B—Military Construction Author- Sec. 241. Ballistic missile defense funding for Subtitle D—Civilian Employees and izations. fiscal year 1996. Nonappropriated Fund Instrumentality Em- (3) Division C—Department of Energy Na- Sec. 242. Policy concerning ballistic missile de- ployees tional Security Authorizations and Other Au- fense. Sec. 331. Management of Department of De- thorizations. Sec. 243. Testing of theater missile defense fense civilian personnel. (b) TABLE OF CONTENTS.—The table of con- interceptors. Sec. 332. Management of depot employees. tents for this Act is as follows: Sec. 244. Repeal of missile defense provisions. Sec. 333. Conversion to performance by civilian Sec. 1. Short title. Subtitle E—Other Matters employees of active-duty posi- Sec. 2. Organization of Act into divisions; table Sec. 251. Allocation of funds for medical coun- tions. of contents. termeasures against biowarfare Sec. 3. Congressional defense committees de- threats. Sec. 334. Personnel actions involving employees fined. Sec. 252. Analysis of consolidation of basic re- of nonappropriated fund instru- search accounts of military de- mentalities. DIVISION A—DEPARTMENT OF DEFENSE partments. Sec. 335. Termination of overseas living quar- AUTHORIZATIONS Sec. 253. Change in reporting period from cal- ters allowances for TITLE I—PROCUREMENT endar year to fiscal year for an- nonappropriated fund instrumen- Subtitle A—Authorization of Appropriations nual report on certain contracts tality employees. Sec. 101. Army. to colleges and universities. Sec. 336. Overtime exemption for Sec. 102. Navy and Marine Corps. Sec. 254. Modification to University Research nonappropriated fund employees. Sec. 103. Air force. Initiative Support Program. Sec. 255. Advanced Field Artillery System (Cru- Sec. 337. Continued health insurance coverage. Sec. 104. Defense-wide activities. sader). Sec. 338. Creditability of certain NAFI service Sec. 105. Reserve components. Sec. 256. Review of C4I by National Research under the Federal Employees’ Re- Sec. 106. Chemical demilitarization program. Council. tirement System. Subtitle B—Army Programs Sec. 257. Five-year plan for federally funded re- Subtitle E—Commissaries and Sec. 111. Procurement of helicopters. search and development centers Nonappropriated Fund Instrumentalities (FFRDCs). Subtitle C—Navy Programs Sec. 258. Manufacturing technology program. Sec. 341. Operation of commissary store system. Sec. 131. Repeal of prohibition on backfit of Sec. 259. Five-year plan for consolidation of de- Sec. 342. Pricing policies for commissary store Trident submarines. fense laboratories and test and merchandise. Sec. 132. Repeal of limitation on total cost for evaluation centers. Sec. 343. Limited release of commissary stores SSN–21 and SSN–22 Seawolf sub- Sec. 260. Aeronautical research and test capa- sales information to manufactur- marines. bilities assessment. ers, distributors, and other ven- Sec. 133. Competition required for selection of Sec. 261. Limitation on T–38 Avionics Upgrade dors doing business with Defense shipyards for construction of ves- program. Commissary Agency. sels for next generation attack Sec. 262. Cross reference to congressional de- submarine program. fense policy concerning national Sec. 344. Economical distribution of distilled spirits by nonappropriated fund Subtitle D—Air Force Programs technology and industrial base, reinvestment, and conversion in instrumentalities. Sec. 141. Repeal of limitations. operation of defense research and Sec. 345. Transportation by commissaries and Subtitle E—Chemical Demilitarization development programs. exchanges to overseas locations. Program TITLE III—OPERATION AND Sec. 346. Demonstration program for uniform Sec. 151. Repeal of requirement to proceed expe- MAINTENANCE funding of morale, welfare, and ditiously with development of Subtitle A—Authorization of Appropriations recreation activities at certain chemical demilitarization Sec. 301. Operation and maintenance funding. military installations. cryofracture facility at Tooele Sec. 302. Working capital funds. Sec. 347. Continued operation of base exchange Army Depot, Utah. Sec. 303. Armed Forces Retirement Home. mart at Fort Worth Naval Air Sta- Sec. 152. Sense of Congress regarding cost Subtitle B—Defense Business Operations tion and authority to expand base growth in program for destruction exchange mart program. of the existing stockpile of lethal Fund Sec. 348. Uniform deferred payments program chemical agents and munitions. Sec. 311. Codification of Defense Business Op- erations Fund. for military exchanges. TITLE II—RESEARCH, DEVELOPMENT, Sec. 312. Retention of centralized management Sec. 349. Availability of funds to offset expenses TEST, AND EVALUATION of Defense Business Operations incurred by Army and Air Force Subtitle A—Authorization of Appropriations Fund and prohibition on further Exchange Service on account of Sec. 201. Authorization of appropriations. expansion of Fund. troop reductions in Europe. June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5801 Sec. 350. Study regarding improving efficiencies Sec. 389. Transfer of excess personal property to Sec. 524. Manning status of highly deployable in operation of military exchanges support law enforcement activi- support units. and other morale, welfare, and ties. Sec. 525. Sense of Congress concerning person- recreation activities and com- Sec. 390. Development and implementation of nel tempo rates. missary stores. innovative processes to improve Subtitle D—Amendments to the Uniform Code Sec. 351. Extension of deadline for conversion operation and maintenance. of Military Justice of Navy ships’ stores to operation Sec. 391. Review of use of Defense Logistics as nonappropriated fund instru- Agency to manage inventory con- Sec. 541. References to Uniform Code of Mili- mentalities. trol points. tary Justice. Sec. 392. Sale of 50 percent of current war re- Sec. 542. Forfeiture of pay and allowances dur- Subtitle F—Contracting Out ing confinement by sentence of Sec. 357. Procurement of electricity from most serve fuel stocks. Sec. 393. Military clothing sales stores, replace- court-martial. economical source. Sec. 543. Refusal to testify before court-martial. Sec. 358. Procurement of certain commodities ment sales. Sec. 394. Assistance to local educational agen- Sec. 544. Flight from apprehension. from most economical source. Sec. 545. Carnal knowledge. Sec. 359. Increase in commercial procurement of cies that benefit dependents of Sec. 546. Time after accession for initial in- printing and duplication services. members of the Armed Forces and struction in the Uniform Code of Sec. 360. Direct delivery of assorted consumable Department of Defense civilian Military Justice. inventory items of Department of employees. Sec. 547. Persons who may appear before the Defense. Sec. 395. Core logistics capabilities of the De- United States Court of Appeals Sec. 361. Operations of Defense Reutilization partment of Defense. for the Armed Forces. and Marketing Service. TITLE IV—MILITARY PERSONNEL Sec. 362. Private operation of payroll functions AUTHORIZATIONS Sec. 548. Discretionary representation by Gov- of Department of Defense for pay- ernment appellate defense counsel Subtitle A—Active Forces in petitioning Supreme Court for ment of civilian employees. Sec. 401. End strengths for active forces. Sec. 363. Demonstration program to identify writ of certiorari. Sec. 402. Temporary variations in DOPMA au- underdeductions and overpay- Sec. 549. Repeal of termination of authority for thorized end strength limitations ments made to vendors. Chief Justice of United States to for active duty Navy and Air Sec. 364. Pilot program to evaluate potential for designate Article III judges for Force officers in certain grades. private operation of overseas de- temporary service on Court of Ap- pendents’ schools. Subtitle B—Reserve Forces peals for the Armed Forces. Sec. 365. Pilot program for evaluation of im- Sec. 411. End strengths for Selected Reserve. Sec. 550. Technical amendment. proved defense travel processing Sec. 412. End strengths for Reserves on active Subtitle E—Other Matters prototypes. duty in support of the Reserves. Sec. 551. Equalization of accrual of service Sec. 366. Pilot program for private operation of Sec. 413. Counting of certain active component credit for officers and enlisted consolidated information tech- personnel assigned in support of members. nology functions of Department of Reserve component training. Sec. 552. Extension of expiring personnel au- Defense. Subtitle C—Military Training Student Loads thorities. Sec. 367. Report on efforts to contract out cer- Sec. 421. Authorization of training student Sec. 553. Increase in educational assistance al- tain functions of Department of loads. lowance with respect to skills or Defense. specialties for which there is a Sec. 368. Pilot program for private operation of Subtitle D—Authorization of Appropriations critical shortage of personnel. payroll and accounting functions Sec. 431. Authorization of appropriations for Sec. 554. Amendments to education loan repay- of nonappropriated fund instru- military personnel. ment programs. mentalities. Sec. 432. Authorization for increase in active- Sec. 555. Recognition by States of living wills of duty end strengths. Subtitle G—Miscellaneous Reviews, Studies, members, certain former members, and Reports TITLE V—MILITARY PERSONNEL POLICY and their dependents. Sec. 371. Quarterly readiness reports. Subtitle A—Officer Personnel Policy Sec. 556. Transitional compensation for depend- Sec. 372. Reports required regarding expendi- Sec. 501. Authority to extend transition period ents of members of the Armed tures for emergency and extraor- for officers selected for early re- Forces separated for dependent dinary expenses. tirement. abuse. Sec. 373. Restatement of requirement for semi- Subtitle B—Matters Relating to Reserve Sec. 557. Army ranger training. annual reports to Congress on Components Sec. 558. Repeal of certain civil-military pro- transfers from high-priority readi- grams. Sec. 511. Military technician full-time support ness appropriations. Sec. 559. Eligibility for Armed Forces expedi- program for Army and Air Force Sec. 374. Modification of notification require- tionary medal based upon service reserve components. ment regarding use of core logis- in El Salvador. Sec. 512. Military leave for military reserve tics functions waiver. Sec. 560. Revision and codification of Military technicians for certain duty over- Sec. 375. Limitation on development or mod- Family Act and Military Child seas. ernization of automated informa- Care Act. Sec. 513. Revisions to Army Guard combat re- tion systems of Department of De- Sec. 561. Discharge of members of the Armed form initiative to include Army re- fense pending report. Forces who have the HIV–1 virus. serve under certain provisions and Sec. 376. Report regarding reduction of costs as- Sec. 562. Authority to appoint Brigadier Gen- make certain revisions. sociated with contract manage- eral Charles E. Yeager, United Sec. 514. ROTC scholarships for the National ment oversight. States Air Forces (retired) to the Guard. Subtitle H—Other Matters Sec. 515. Report on feasibility of providing edu- grade of major general on the re- Sec. 381. Prohibition on capital lease for De- cation benefits protection insur- tired list. fense Business Management Uni- ance for service academy and Sec. 563. Determination of whereabouts and versity. ROTC scholarship students who status of missing persons. Sec. 382. Authority of Inspector General over become medically unable to serve. Sec. 564. Nominations to service academies from investigations of procurement Sec. 516. Active duty officers detailed to ROTC Commonwealth of the Northern fraud. duty at senior military colleges to Marianas Islands. Sec. 383. Provision of equipment and facilities serve as Commandant and Assist- Sec. 565. Report on the consistency of reporting to assist in emergency response ant Commandant of Cadets and of fingerprint cards and final dis- actions. as tactical officers. position forms to the Federal Bu- Sec. 384. Conversion of Civilian Marksmanship Sec. 517. Mobilization income insurance pro- reau of Investigation. Program to nonappropriated fund gram for members of Ready Re- TITLE VI—COMPENSATION AND OTHER instrumentality and activities serve. PERSONNEL BENEFITS under program. Sec. 518. Delay in reorganization of Army Sec. 385. Personnel services and logistical sup- Subtitle A—Pay and Allowances ROTC regional headquarters port for certain activities held on Sec. 601. Military pay raise for fiscal year 1996. structure. military installations. Sec. 602. Limitation on basic allowance for sub- Sec. 386. Retention of monetary awards. Subtitle C—Matters Relating to Force Levels sistence for members without de- Sec. 387. Civil Reserve Air Fleet. Sec. 521. Floor on end strengths. pendents residing in Government Sec. 388. Permanent authority regarding use of Sec. 522. Army officer manning levels. quarters. proceeds from sale of lost, aban- Sec. 523. Comptroller General review of pro- Sec. 603. Authorization of payment of basic al- doned, and unclaimed personal posed Army end strength alloca- lowance for quarters to additional property at certain installations. tions. members assigned to sea duty. H 5802 CONGRESSIONAL RECORD — HOUSE June 13, 1995 Sec. 604. Establishment of minimum amounts of Sec. 723. Development of plan for integrating Sec. 905. Inclusion of Information Resources variable housing allowance for Uniformed Services Treatment Fa- Management College in the Na- high housing cost areas and addi- cilities in managed care programs tional Defense University. tional limitation on reduction of of Department of Defense. Sec. 906. Employment of civilians at the Asia- allowance for certain members. Sec. 724. Equitable implementation of uniform Pacific Center for Security Stud- Sec. 605. Clarification of limitation on receipt of cost sharing requirements for Uni- ies. family separation allowance. formed Services Treatment Facili- Sec. 907. Continued operation of Uniformed Subtitle B—Bonuses and Special and ties. Services University of the Health Incentive Pays Subtitle D—Other Changes to Existing Laws Sciences. Sec. 611. Extension of certain bonuses for re- Regarding Health Care Management Sec. 908. Redesignation of Advanced Research serve forces. Sec. 731. Maximum allowable payments to indi- Projects Agency. Sec. 612. Extension of certain bonuses and spe- vidual health-care providers TITLE X—GENERAL PROVISIONS cial pay for nurse officer can- under CHAMPUS. Subtitle A—Financial Matters didates, registered nurses, and Sec. 732. Expansion of existing restriction on nurse anesthetists. use of defense funds for abortions. Sec. 1001. Transfer authority. Sec. 613. Extension of authority relating to pay- Sec. 733. Identification of third-party payer sit- Sec. 1002. Incorporation of classified annex. ment of other bonuses and special uations. Sec. 1003. Improved funding mechanisms for pays. Sec. 734. Redesignation of Military Health Care unbudgeted operations. Sec. 614. Codification and extension of special Account as Defense Health Pro- Sec. 1004. Designation and liability of disburs- pay for critically short wartime gram Account and two-year avail- ing and certifying officials. health specialists in the Selected ability of certain Account funds. Sec. 1005. Authority for obligation of certain Reserves. Sec. 735. Expansion of financial assistance pro- unauthorized fiscal year 1995 de- Sec. 615. Change in eligibility requirements for gram for health-care professionals fense appropriations. continuous monthly aviation in- in reserve components to include Sec. 1006. Authorization of prior emergency centive pay. dental specialties. supplemental appropriations for Sec. 616. Continuous entitlement to career sea Sec. 736. Elimination of unnecessary annual re- fiscal year 1995. pay for crewmembers of ships des- porting requirements regarding Sec. 1007. Prohibition of incremental funding of ignated as tenders. military health care. procurement items. Sec. 617. Increase in maximum rate of special Subtitle E—Other Matters duty assignment pay for enlisted Subtitle B—Naval Vessels and Shipyards Sec. 741. Termination of program to train and members serving as recruiters. Sec. 1021. Contract options for LMSR vessels. utilize military psychologists to Sec. 1022. Vessels subject to repair under Subtitle C—Travel and Transportation prescribe psychotropic medica- Allowances phased maintenance contracts. tions. Sec. 1023. Clarification of requirements relating Sec. 621. Authorization of return to United Sec. 742. Waiver of collection of payments due to repairs of vessels. States of formerly dependent chil- from certain persons unaware of Sec. 1024. Naming of naval vessel. dren of members. loss of CHAMPUS eligibility. Sec. 622. Authorization of dislocation allowance Sec. 743. Notification of certain CHAMPUS cov- Sec. 1025. Transfer of riverine patrol craft. for moves in connection with base ered beneficiaries of loss of Subtitle C—Other Matters realignments and closures. CHAMPUS eligibility. Sec. 1031. Termination and modification of au- Subtitle D—Other Matters Sec. 744. Demonstration program to train mili- thorities regarding national de- Sec. 631. Elimination of unnecessary annual re- tary medical personnel in civilian fense technology and industrial porting requirements regarding shock trauma units. base, defense reinvestment, and compensation matters. Sec. 745. Study regarding Department of De- defense conversion programs. Sec. 632. Study regarding joint process for de- fense efforts to determine appro- Sec. 1032. Repeal of miscellaneous provisions of termining location of recruiting priate force levels of wartime med- law. ical personnel. stations. TITLE XI—COOPERATIVE THREAT REDUC- Sec. 633. Elimination of disparity between effec- Sec. 746. Study regarding expanded mental health services for certain covered TION WITH STATES OF FORMER SOVIET tive dates for military and civilian UNION retiree cost-of-living adjustments beneficiaries. for fiscal year 1996. Sec. 747. Report on improved access to military Sec. 1101. Specification of Cooperative Threat health care for covered bene- Reduction programs. TITLE VII—HEALTH CARE PROVISIONS ficiaries entitled to Medicare. Sec. 1102. Fiscal year 1996 authorization. Subtitle A—Health Care Services Sec. 748. Sense of Congress on continuity of Sec. 1103. Repeal of demilitarization enterprise Sec. 701. Modification of requirements regard- health care services for covered fund authority. ing routine physical examinations beneficiaries adversely affected by Sec. 1104. Prohibition on use of funds for peace- and immunizations under closures of military medical treat- keeping exercises and related ac- CHAMPUS. ment facilities. tivities with Russia. Sec. 702. Correction of inequities in medical and TITLE VIII—ACQUISITION POLICY, ACQUI- Sec. 1105. Revision to authority for assistance dental care and death and dis- SITION MANAGEMENT, AND RELATED for weapons destruction. ability benefits for certain Reserv- MATTERS Sec. 1106. Prior notice to Congress of obligation ists. Sec. 801. Repeals of certain procurement provi- of funds. Sec. 703. Medical and dental care for members Sec. 1107. Report on accounting for United of the Selected Reserve. sions. Sec. 802. Fees for certain testing services. States assistance. Subtitle B—TRICARE Program Sec. 803. Testing of defense acquisition pro- TITLE XII—MATTERS RELATING TO OTHER Sec. 711. Priority use of military treatment fa- grams. NATIONS cilities for persons enrolled in Sec. 804. Coordination and communication of Subtitle A—Peacekeeping Provisions managed care initiatives. defense research activities. Sec. 712. Staggered payment of enrollment fees Sec. 805. Addition of certain items to domestic Sec. 1201. Limitation on expenditure of Depart- for TRICARE. source limitation. ment of Defense funds for United Sec. 713. Requirement of budget neutrality for Sec. 806. Revisions to procurement notice provi- States forces placed under United TRICARE to be based on entire sions. Nations command or control. program. Sec. 807. International competitiveness. Sec. 1202. Limitation on use of Department of Sec. 714. Training in health care management Sec. 808. Encouragement of use of leasing au- Defense funds for United States and administration for TRICARE thority. share of costs of United Nations lead agents. TITLE IX—DEPARTMENT OF DEFENSE peacekeeping activities. Sec. 715. Evaluation and report on TRICARE ORGANIZATION AND MANAGEMENT Subtitle B—Humanitarian Assistance effectiveness. Sec. 901. Reorganization of Office of the Sec- Programs Subtitle C—Uniformed Services Treatment retary of Defense. Sec. 1211. Overseas Humanitarian, Disaster, Facilities Sec. 902. Restructuring of Department of De- and Civic Aid programs. Sec. 721. Limitation on expenditures to support fense acquisition organization Sec. 1212. Humanitarian assistance. Uniformed Services Treatment Fa- and workforce. Sec. 1213. Landmine clearance program. cilities and limitation on number Sec. 903. Plan for incorporation of Department of participants in USTF managed of Energy national security func- Subtitle C—Other Matters care plans. tions in Department of Defense. Sec. 1221. Revision of definition of landmine for Sec. 722. Application of Federal acquisition reg- Sec. 904. Change in titles of certain Marine purposes of landmine export mor- ulation to participation agree- Corps general officer billets result- atorium. ments with uniformed services ing from reorganization of the Sec. 1222. Extension and amendment of treatment facilities. Headquarters, Marine Corps. counterproliferation authorities. June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5803 Sec. 1223. Prohibition on use of funds for activi- TITLE XXVIII—GENERAL PROVISIONS Sec. 2853. Prohibition on joint civil aviation use ties associated with the United Subtitle A—Military Construction Program of Naval Air Station Miramar, States-People’s Republic of China and Military Family Housing Changes California. Joint Defense Conversion Commis- Sec. 2801. Alternative means of acquiring and Sec. 2854. Report regarding Army water craft sion. improving military family housing support facilities and activities. Sec. 1224. Defense export loan guarantees. and supporting facilities for the DIVISION C—DEPARTMENT OF ENERGY Sec. 1225. Accounting for burdensharing con- Armed Forces. NATIONAL SECURITY AUTHORIZATION tributions. Sec. 2802. Inclusion of other Armed Forces in AND OTHER AUTHORIZATIONS Sec. 1226. Authority to accept contributions for Navy program of limited partner- TITLE XXXI—DEPARTMENT OF ENERGY expenses of relocation within host ships with private developers for NATIONAL SECURITY PROGRAMS nation of United States Armed military housing. Forces overseas. Subtitle A—National Security Programs Sec. 2803. Special unspecified minor construc- Authorizations Sec. 1227. Sense of Congress on ABM treaty vio- tion thresholds for projects to cor- Sec. 3101. Weapons activities. lations. rect life, health, and safety defi- Sec. 3102. Environmental restoration and waste DIVISION B—MILITARY CONSTRUCTION ciencies and clarification of un- management. AUTHORIZATIONS specified minor construction au- Sec. 3103. Payment of penalties. Sec. 2001. Short title. thority. Sec. 3104. Other defense activities. Sec. 2804. Disposition of amounts recovered as a TITLE XXI—ARMY Sec. 3105. Defense nuclear waste disposal. result of damage to real property. Sec. 2101. Authorized Army construction and Sec. 2805. Rental of family housing in foreign Subtitle B—Recurring General Provisions land acquisition projects. countries. Sec. 3121. Reprogramming. Sec. 2102. Family housing. Sec. 2806. Pilot program to provide interest rate Sec. 3122. Limits on general plant projects. Sec. 2103. Improvements to military family buy down authority on loans for Sec. 3123. Limits on construction projects. housing units. housing within housing shortage Sec. 3124. Fund transfer authority. Sec. 2104. Authorization of appropriations, areas at military installations. Sec. 3125. Authority for conceptual and con- Army. struction design. Subtitle B—Base Closure and Realignment TITLE XXII—NAVY Sec. 3126. Authority for emergency planning, Sec. 2811. Authority to transfer property at design, and construction activi- Sec. 2201. Authorized Navy construction and military installations to be closed ties. land acquisition projects. to persons who construct or pro- Sec. 3127. Funds available for all national secu- Sec. 2202. Family housing. vide military family housing. rity programs of the Department Sec. 2203. Improvements to military family Sec. 2812. Deposit of proceeds from leases of of Energy. housing units. property located at installations Sec. 3128. Availability of funds. Sec. 2204. Authorization of appropriations, being closed or realigned. Navy. Sec. 2813. Agreements for certain services at in- Subtitle C—Program Authorizations, Restrictions, and Limitations TITLE XXIII—AIR FORCE stallations being closed. Sec. 3131. Authority to conduct program relat- Sec. 2301. Authorized Air Force construction Subtitle C—Land Conveyances Generally ing to fissile materials. and land acquisition projects. Sec. 2821. Transfer of jurisdiction, Fort Sam Sec. 3132. National Ignition Facility. Sec. 2302. Family housing. Houston, Texas. Sec. 3133. Tritium production. Sec. 2303. Improvements to military family Sec. 2822. Land acquisition or exchange, Shaw housing units. Air Force Base, Sumter, South Subtitle D—Other Matters Sec. 2304. Authorization of appropriations, Air Carolina. Sec. 3141. Report on foreign tritium purchases. Force. Sec. 2823. Transfer of certain real property at Sec. 3142. Study on nuclear test readiness pos- Sec. 2305. Retention of accrued interest on Naval Weapons Industrial Re- tures. funds deposited for construction serve Plant, Calverton, New York, Sec. 3143. Master plan on warheads in the en- of family housing, Scott Air Force for use as national cemetery. during stockpile. Base, Illinois. Sec. 2824. Land conveyance, Fort Ord, Califor- Sec. 3144. Prohibition on international inspec- nia. tions of Department of Energy fa- TITLE XXIV—DEFENSE AGENCIES Sec. 2825. Land conveyance, Indiana Army Am- cilities unless protection of re- Sec. 2401. Authorized Defense Agencies con- munition Plant, Charlestown, In- stricted data is certified. struction and land acquisition diana. TITLE XXXII—DEFENSE NUCLEAR projects. Sec. 2826. Land conveyance, Naval Air Station, FACILITIES SAFETY BOARD Sec. 2402. Family housing private investment. Pensacola, Florida. Sec. 2403. Improvements to military family Sec. 2827. Land conveyance, Avon Park Air Sec. 3201. Authorization. housing units. Force Range, Sebring, Florida. TITLE XXXIII—NATIONAL DEFENSE Sec. 2404. Energy conservation projects. Sec. 2828. Land conveyance, Parks Reserve STOCKPILE Sec. 2405. Authorization of appropriations, De- Forces Training Area, Dublin, Sec. 3301. Fiscal year 1996 authorized uses of fense Agencies. California. stockpile funds. Sec. 2406. Modification of authority to carry Sec. 2829. Land conveyance, Holston Army Am- Sec. 3302. Preference for domestic upgraders in out fiscal year 1995 projects. munition Plant, Mount Carmel, disposal of chromite and man- Sec. 2407. Limitation on expenditures for con- Tennessee. ganese ores and chromium ferro struction project at Umatilla Sec. 2830. Land conveyance, Naval Weapons and manganese metal electrolytic. Army Depot, Oregon. Industrial Reserve Plant, Sec. 3303. Restrictions on disposal of manganese TITLE XXV—NORTH ATLANTIC TREATY McGregor, Texas. ferro. ORGANIZATION INFRASTRUCTURE Sec. 2831. Transfer of jurisdiction and land Sec. 3304. Titanium initiative to support battle conveyance, Fort Devens Military Sec. 2501. Authorized NATO construction and tank upgrade program. Reservation, Massachusetts. TITLE XXXIV—NAVAL PETROLEUM land acquisition projects. Sec. 2832. Land conveyance, Elmendorf Air RESERVES Sec. 2502. Authorization of appropriations, Force Base, Alaska. NATO. Sec. 2833. Land conveyance alternative to exist- Sec. 3401. Authorization of appropriations. TITLE XXVI—GUARD AND RESERVE ing lease authority, Naval Supply Sec. 3402. Price requirement on sale of certain FORCES FACILITIES Center, Oakland, California. petroleum during fiscal year 1996. Sec. 3403. Sale of Naval Petroleum Reserve Sec. 2601. Authorized Guard and Reserve con- Subtitle D—Land Conveyances Involving Numbered 1 (Elk Hills). struction and land acquisition Utilities Sec. 3404. Study regarding future of naval pe- projects. Sec. 2841. Conveyance of resource recovery fa- troleum reserves (other than Sec. 2602. Correction in authorized uses of cility, Fort Dix, New Jersey. Naval Petroleum Reserve Num- funds for Army National Guard Sec. 2842. Conveyance of water and wastewater bered 1). projects in Mississippi. treatment plants, Fort Gordon, TITLE XXXV—PANAMA CANAL Georgia. TITLE XXVII—EXPIRATION AND COMMISSION EXTENSION OF AUTHORIZATIONS Sec. 2843. Conveyance of electrical distribution Subtitle A—Authorization of Appropriations Sec. 2701. Expiration of authorizations and system, Fort Irwin, California. amounts required to be specified Subtitle E—Other Matters Sec. 3501. Short title. Sec. 3502. Authorization of expenditures. by law. Sec. 2851. Expansion of authority to sell elec- Sec. 3503. Expenditures in accordance with Sec. 2702. Extension of authorizations of cer- tricity. other laws. tain fiscal year 1993 projects. Sec. 2852. Authority for Mississippi State Port Sec. 2703. Extension of authorizations of cer- Authority to use Navy property at Subtitle B—Reconstitution of Commission as tain fiscal year 1992 projects. Naval Construction Battalion Government Corporation Sec. 2704. Effective date. Center, Gulfport, Mississippi. Sec. 3521. Short title. H 5804 CONGRESSIONAL RECORD — HOUSE June 13, 1995 Sec. 3522. Reconstitution of commission as gov- (1) the destruction of lethal chemical agents agents and munitions raises serious questions ernment corporation. and munitions in accordance with section 1412 regarding that program. Accordingly, it is the Sec. 3523. Supervisory board. of the Department of Defense Authorization sense of Congress that the Secretary of Defense Sec. 3524. International advisors. Act, 1986 (50 U.S.C. 1521); and should consider measures to reduce the overall Sec. 3525. General and specific powers of com- (2) the destruction of chemical warfare mate- cost of the chemical stockpile demilitarization mission. riel of the United States that is not covered by program, while minimizing total risk and ensur- Sec. 3526. Congressional review of budget. section 1412 of such Act. ing the maximum protection for the environ- Sec. 3527. Audits. (b) ALLOCATION.—Of the funds specified in ment, the general public, and the personnel in- Sec. 3528. Prescription of measurement rules subsection (a)— volved in the destruction of lethal chemical and rates of tolls. (1) $393,850,000 is for operations and mainte- agents and munitions. Sec. 3529. Procedures for changes in rules of nance; TITLE II—RESEARCH, DEVELOPMENT, measurement and rates of tolls (2) $299,448,000 is for procurement; and TEST, AND EVALUATION Sec. 3530. Miscellaneous technical amendments. (3) $53,400,000 is for research and develop- Subtitle A—Authorization of Appropriations Sec. 3531. Conforming amendment to title 31, ment. United States Code. SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Subtitle B—Army Programs Funds are hereby authorized to be appro- SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES SEC. 111. PROCUREMENT OF HELICOPTERS. DEFINED. priated for fiscal year 1996 for the use of the De- The prohibition in section 133(a)(2) of the Na- For purposes of this Act, the term ‘‘congres- partment of Defense for research, development, tional Defense Authorization Act for Fiscal sional defense committees’’ means— test, and evaluation as follows: Years 1990 and 1991 (Public Law 101–189; 103 (1) the Committee on Armed Services and the (1) For the Army, $4,774,947,000. Stat. 1383) does not apply to the obligation of (2) For the Navy, $8,516,509,000. Committee on Appropriations of the Senate; and funds in amounts not to exceed $125,000,000 for (3) For the Air Force, $13,184,102,000. (2) the Committee on National Security and the procurement of not more than 20 OH–58D (4) For Defense-wide activities, $9,548,986,000, the Committee on Appropriations of the House AHIP Scout aircraft from funds appropriated of which $239,341,000 is authorized for the ac- of Representatives. for fiscal year 1996 pursuant to section 101. tivities of the Director, Test and Evaluation. DIVISION A—DEPARTMENT OF DEFENSE Subtitle C—Navy Programs SEC. 202. AMOUNT FOR BASIC RESEARCH AND EX- AUTHORIZATIONS PLORATORY DEVELOPMENT. SEC. 131. REPEAL OF PROHIBITION ON BACKFIT (a) FISCAL YEAR 1996.—Of the amounts au- TITLE I—PROCUREMENT OF TRIDENT SUBMARINES. Subtitle A—Authorization of Appropriations thorized to be appropriated by section 201, Section 124 of the National Defense Author- $4,181,076,000 shall be available for basic re- SEC. 101. ARMY. ization Act for Fiscal Year 1995 (Public Law search and exploratory development projects. Funds are hereby authorized to be appro- 103–337; 108 Stat. 2683) is repealed. (b) BASIC RESEARCH AND EXPLORATORY DE- priated for fiscal year 1996 for procurement for SEC. 132. REPEAL OF LIMITATION ON TOTAL VELOPMENT DEFINED.—For purposes of this sec- the Army as follows: COST FOR SSN–21 AND SSN–22 tion, the term ‘‘basic research and exploratory (1) For aircraft, $1,423,067,000. SEAWOLF SUBMARINES. development’’ means work funded in program (2) For missiles, $862,830,000. Section 122 of the National Defense Author- elements for defense research and development (3) For weapons and tracked combat vehicles, ization Act for Fiscal Year 1995 (Public Law under Department of Defense category 6.1 or $1,359,664,000. 103–337; 108 Stat. 2682) is repealed. 6.2. (4) For ammunition, $1,062,715,000. SEC. 133. COMPETITION REQUIRED FOR SELEC- SEC. 203. MODIFICATIONS TO STRATEGIC ENVI- (5) For other procurement, $2,545,587,000. TION OF SHIPYARDS FOR CON- RONMENTAL RESEARCH AND DEVEL- SEC. 102. NAVY AND MARINE CORPS. STRUCTION OF VESSELS FOR NEXT OPMENT PROGRAM. GENERATION ATTACK SUBMARINE (a) PURPOSES OF PROGRAM.—Section 2901(b) (a) NAVY.—Funds are hereby authorized to be PROGRAM. appropriated for fiscal year 1996 for procure- of title 10, United States Code, is amended— (a) COMPETITION REQUIRED.—The Secretary (1) in paragraph (1)— ment for the Navy as follows: of the Navy shall select on a competitive basis (1) For aircraft, $4,106,488,000. (A) by striking out ‘‘and the Department of the shipyard for construction of each vessel for Energy’’; and (2) For weapons, including missiles and tor- the next generation attack submarine program. pedoes, $1,626,411,000. (B) by striking out ‘‘their’’ and inserting in (b) PROGRAM IDENTIFIED.—The next genera- (3) For shipbuilding and conversion, lieu thereof ‘‘its’’; tion attack submarine program shall begin with (2) by striking out paragraph (3); and $6,227,958,000. the first submarine for which the Secretary of (4) For other procurement, $2,461,472,000. (3) by redesignating paragraph (4) as para- the Navy enters into a contract for construction graph (3). (b) MARINE CORPS.—Funds are hereby author- after the submarine that is programmed to be (b) COUNCIL.—Section 2902 of such title is ized to be appropriated for fiscal year 1996 for constructed using funds appropriated for fiscal procurement for the Marine Corps in the amended— year 1998. (1) in subsection (b)— amount of $399,247,000. (A) by striking out ‘‘thirteen’’ and inserting in (c) NAVY AND MARINE CORPS AMMUNITION.— Subtitle D—Air Force Programs lieu thereof ‘‘12’’; SEC. 141. REPEAL OF LIMITATIONS. Funds are hereby authorized to be appropriated (B) by striking out paragraph (3); for procurement of ammunition for Navy and The following provisions of law are repealed: (C) by redesignating paragraphs (4), (5), (6), the Marine Corps in the amount of $461,779,000. (1) Section 112 of the National Defense Au- (7), (8), (9), and (10) as paragraphs (3), (4), (5), SEC. 103. AIR FORCE. thorization Act for Fiscal Years 1990 and 1991 (6), (7), (8), and (9), respectively; and Funds are hereby authorized to be appro- (Public Law 101–189; 103 Stat. 1373). (D) in paragraph (8), as redesignated, by priated for fiscal year 1996 for procurement for (2) Section 151(c) of the National Defense Au- striking out ‘‘, who shall be nonvoting mem- the Air Force as follows: thorization Act for Fiscal Year 1993 (Public Law bers’’; (1) For aircraft, $7,031,952,000. 102–484; 106 Stat. 2339). (2) in subsection (d)— (2) For missiles, $3,430,083,000. (3) Sections 131(c) and 131(d) of the National (A) by striking out paragraph (3); (3) For ammunition, $321,328,000. Defense Authorization Act for Fiscal Year 1994 (B) by redesignating paragraph (4) as para- (4) For other procurement, $6,784,801,000. (Public Law 103–160; 107 Stat. 1569). graph (3) and in that paragraph by striking out (4) Section 133(e) of the National Defense Au- SEC. 104. DEFENSE-WIDE ACTIVITIES. ‘‘Federal Coordinating Council on Science, En- thorization Act for Fiscal Year 1995 (Public Law Funds are hereby authorized to be appro- gineering, and Technology’’ and inserting in 103–337; 108 Stat. 2688). priated for fiscal year 1996 for Defense-wide pro- lieu thereof ‘‘National Science and Technology curement in the amount of $2,205,917,000. Subtitle E—Chemical Demilitarization Council’’; and Program (C) by redesignating paragraphs (5) and (6) as SEC. 105. RESERVE COMPONENTS. paragraphs (4) and (5), respectively; Funds are hereby authorized to be appro- SEC. 151. REPEAL OF REQUIREMENT TO PROCEED EXPEDITIOUSLY WITH DEVELOP- (3) in subsection (e)— priated for fiscal year 1996 for procurement of (A) by striking out paragraphs (1), (2), and aircraft, vehicles, communications equipment, MENT OF CHEMICAL DEMILITARIZA- TION CRYOFRACTURE FACILITY AT (3); and other equipment for the reserve components TOOELE ARMY DEPOT, UTAH. (B) by redesignating paragraphs (4), (5), (6), of the Armed Forces as follows: Subsection (a) of section 173 of the National (7), (8), (9), and (10) as paragraphs (1), (2), (3), (1) For the Army National Guard, $150,000,000. Defense Authorization Act for Fiscal Years 1990 (4), (5), (6), and (7) respectively; (2) For the Air National Guard, $227,800,000. and 1991 (Public Law 101–189; 103 Stat. 1393) is (C) in paragraph (2), as redesignated, by (3) For the Army Reserve, $84,300,000. repealed. striking out ‘‘such national and international (4) For the Naval Reserve, $86,000,000. environmental problems as climate change and (5) For the Air Force Reserve, $171,200,000. SEC. 152. SENSE OF CONGRESS REGARDING COST GROWTH IN PROGRAM FOR DE- ozone depletion’’ and inserting in lieu thereof (6) For the Marine Corps Reserve, $50,700,000. STRUCTION OF THE EXISTING ‘‘national and international environmental SEC. 106. CHEMICAL DEMILITARIZATION PRO- STOCKPILE OF LETHAL CHEMICAL problems’’; and GRAM. AGENTS AND MUNITIONS. (D) in paragraph (4), as redesignated, by (a) AUTHORIZATION.—There is hereby author- The Congress is concerned that growth in the striking out ‘‘clauses (2) through (6)’’ and in- ized to be appropriated for fiscal year 1996 the estimated cost of the program to demilitarize the serting in lieu thereof ‘‘paragraphs (1) through amount of $746,698,000 for— United States’ stockpile of lethal chemical (3)’’; June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5805 (4) by striking out subsections (f) and (h); and to the congressional defense committees whether States and to complement and support the mis- (5) by redesignating subsection (g) as sub- there is a requirement for the enhanced fiber sile defense capabilities of friendly forces and of section (f). optic guided missile (EFOG-M) system and allies of the United States; and (c) COMPETITIVE PROCEDURES.—Section whether there is a cost and effectiveness analy- (2) to deploy at the earliest practical date a 2903(c) of such title is amended— sis supporting such requirement. national missile defense (NMD) system that is (1) by striking out ‘‘or’’ after ‘‘contracts’’ and (b) LIMITATIONS.—(1) The Secretary of the capable of providing a highly effective defense inserting in lieu thereof ‘‘using competitive pro- Army may not obligate more than $280,000,000 of the United States against limited ballistic mis- cedures. The Executive Director may enter (based on fiscal year 1995 constant dollars) to sile attacks. into’’; and develop and deliver for test and evaluation by SEC. 233. IMPLEMENTATION OF POLICY. (2) by striking out ‘‘law, except that’’ and in- the Army the following items: (a) TMD DEPLOYMENT.—To implement the serting in lieu thereof ‘‘law. In either case,’’. (A) 44 EFOG-M test missiles. policy established in section 232(1), the Sec- (d) SCIENTIFIC ADVISORY BOARD.—Section (B) 256 fully operational EFOG-M missiles. retary of Defense shall develop and deploy at 2904 of such title is amended— (C) 12 fully operational fire units. the earliest practical date advanced theater mis- (1) in subsection (a)— (2) The Secretary of the Army may not spend sile defense (TMD) systems. (A) by striking out ‘‘and the Secretary of En- funds for the EFOG-M system after September (b) NMD SYSTEM ARCHITECTURE.—To imple- ergy’’; and 30, 1998, if the items described in paragraph (1) ment the policy established in section 232(2), the (B) by inserting after ‘‘in consultation with’’ have not been delivered to the Army by that Secretary of Defense shall develop for deploy- the following: ‘‘the Secretary of Energy and’’; date at the cost estimated for such system as of ment at the earliest practical date an affordable, (2) in subsection (b)— the date of the enactment of this Act. operationally-effective National Missile Defense (A) by striking out paragraph (3); and (c) GOVERNMENT-FURNISHED EQUIPMENT.— (B) by redesignating paragraph (4) as para- (NMD) system designed to protect the United The Secretary of the Army shall assure that all States against limited ballistic missile attacks. graph (3) and in that paragraph by striking out Government-furnished equipment that the Army ‘‘three’’ and inserting in lieu thereof ‘‘not less The system to be developed for deployment shall agrees to provide under the contract for the include the following: than two years and not more than six’’; EFOG-M system is provided to the prime con- (3) by striking out subsections (g) and (h); and (1) Up to 100 ground-based interceptors at a tractor in accordance with the terms of the con- single site or a greater number of interceptors at (4) by redesignating subsection (i) as sub- tract. section (g). a number of sites, as determined necessary by SEC. 216. JOINT ADVANCED STRIKE TECHNOLOGY the Secretary. Subtitle B—Program Requirements, (JAST) PROGRAM. (2) Fixed, ground-based radars. Restrictions, and Limitations (a) ALLOCATION OF FUNDS.—Of the amount (3) Space-based sensors, including, within the SEC. 211. SPACE LAUNCH MODERNIZATION. appropriated pursuant to the authorizations in type of space-based sensors known as ABM-ad- (a) ALLOCATION OF FUNDS.—Of the amount section 201, $280,156,000 shall be available for junct sensors (such sensors not being prohibited appropriated pursuant to the authorization in the Joint Advanced Strike Technology (JAST) by the ABM Treaty), those sensor systems (such section 201(3)— program. Of that amount— as the Space and Missile Tracking System) that (1) $100,000,000 shall be available for a com- (1) $123,795,000 shall be available for PE are capable of cuing ground-based anti-ballistic petitive reusable rocket technology program (PE 63800N; missile interceptors and of providing initial 63401F); and (2) $125,686,000 shall be available for PE targeting vectors. (2) $7,500,000 shall be available for evaluation 63800F; and (4) Battle management, command, control, of prototype hardware of low-cost expendable (3) $30,675,000 shall be available for PE and communications. launch vehicles (PE 63401F). 63800E. (c) REPORT ON PLAN FOR DEPLOYMENT.—Not (b) LIMITATION.—Funds made available pur- (b) LIMITATION.—Not more than 75 percent of later than 90 days after the date of the enact- suant to subsection (a)(1) may be obligated only the amount appropriated for such program pur- ment of this Act, the Secretary of Defense shall to the extent that the fiscal year 1996 current suant to the authorizations in section 201 may submit to the congressional defense committees a operating plan of the National Aeronautics and be obligated until a period of 30 days has ex- report setting forth the Secretary’s plan for— Space Administration allocates at least an equal pired after the report specified in subsection (c) (1) the deployment of advanced theater missile amount for its Reusable Space Launch program. is submitted to the congressional defense com- defense (TMD) systems pursuant to subsection SEC. 212. MANEUVER VARIANT UNMANNED AER- mittees. (a); and IAL VEHICLE. (c) REPORT.—The Secretary of Defense shall (2) the deployment of a national missile de- None of the amounts appropriated or other- submit to the congressional defense committees a fense system which meets the requirements spec- wise made available pursuant to the authoriza- report, in unclassified and classified form, not ified in subsection (b). later than March 1, 1996, that sets forth in de- tions in section 201 may be obligated for the Ma- SEC. 234. FOLLOW-ON TECHNOLOGIES RESEARCH neuver Variant Unmanned Aerial Vehicle. tail the following information for the period 1997 AND DEVELOPMENT. through 2005: SEC. 213. TACTICAL MANNED RECONNAISSANCE. (a) FOLLOW-ON NATIONAL AND THEATER MIS- (1) What the total joint requirement, under None of the amounts appropriated or other- SILE DEFENSE TECHNOLOGY.—The Secretary wise made available pursuant to an authoriza- two major regional contingency (MRC) assump- shall pursue research and development of tech- tion in this Act may be used by the Secretary of tions, is for the following: nologies and systems related to national missile (A) Numbers of tactical combat aircraft and the Air Force to conduct research, development, defense and theater missile defense in order to the characteristics required of those aircraft in test, or evaluation for a replacement aircraft, provide future options for— terms of capabilities, range, and observability- pod, or sensor payload for the tactical manned (1) protecting the United States against lim- stealthiness. reconnaissance mission. ited ballistic missile attacks; and (B) Surface- and air-launched standoff preci- (2) defending forward-deployed and expedi- SEC. 214. ADVANCED LITHOGRAPHY PROGRAM. sion guided munitions. tionary elements of the Armed Forces of the Section 216 of the National Defense Author- (C) Cruise missiles. United States and complementing and support- ization Act for Fiscal Year 1995 (Public Law (D) Ground-based systems, such as Extended ing the missile defense capabilities of friendly 103–337; 108 Stat. 2693) is amended— Range-Multiple Launch Rocket System and the forces and allies of the United States. (1) in subsection (a), by striking out ‘‘to help Army Tactical Missile System (ATACMS), for (b) EXCLUSION OF CERTAIN SYSTEMS FROM INI- achieve’’ and all that follows through the end of joint warfighting capability. TIAL DEPLOYMENT.—The initial National Missile the subsection and inserting in lieu thereof ‘‘to (2) What the major regional contingency Defense system architecture developed for de- ensure that lithographic processes being devel- warning time assumptions are, and what the ef- ployment pursuant to section 233(b) may not in- oped by American-owned manufacturers operat- fect on future tactical fighter/attack aircraft re- clude— ing in the United States will lead to superior quirements are using other warning time as- (1) ground-based or space-based directed en- performance electronics systems for the Depart- sumptions. ergy weapons; or ment of Defense. For purposes of the preceding (3) What requirements exist for the Joint Ad- (2) space-based interceptors. sentence, the term ‘American-owned manufac- vanced Strike Technology program that cannot turers’ means a manufacturing company or be met by existing aircraft or by those in devel- SEC. 235. POLICY ON COMPLIANCE WITH THE ABM other business entity the majority ownership or opment. TREATY. control of which is by United States citizens.’’; (a) POLICY CONCERNING SYSTEMS SUBJECT TO and Subtitle C—Ballistic Missile Defense Act of ABM TREATY.—Congress finds that, unless and (2) in subsection (b), by adding at the end the 1995 until a missile defense system, system upgrade, following new paragraph: SEC. 231. SHORT TITLE. or system component is flight tested in an ABM- ‘‘(3) The Director of the Defense Advanced This subtitle may be cited as the ‘‘Ballistic qualifying flight test (as defined in subsection Research Projects Agency may set priorities and Missile Defense Act of 1995’’. (c)), such system, system upgrade, or system funding levels for various technologies being de- SEC. 232. BALLISTIC MISSILE DEFENSE POLICY component— veloped for the ALP and shall consider funding OF THE UNITED STATES. (1) has not, for purposes of the ABM Treaty, recommendations by the SIA as advisory.’’. It is the policy of the United States— been tested in an ABM mode nor been given ca- SEC. 215. ENHANCED FIBER OPTIC GUIDED MIS- (1) to deploy at the earliest practical date pabilities to counter strategic ballistic missiles; SILE SYSTEM. highly effective theater missile defenses (TMDs) and (a) CERTIFICATION.—Not later than December to protect forward-deployed and expeditionary (2) therefore is not subject to any application, 1, 1995, the Secretary of the Army shall certify elements of the Armed Forces of the United limitation, or obligation under the ABM Treaty. H 5806 CONGRESSIONAL RECORD — HOUSE June 13, 1995

(b) PROHIBITIONS.—(1) Funds appropriated to SEC. 237. ABM TREATY DEFINED. (2) In light of the findings in paragraph (1), the Department of Defense may not be obligated For purposes of this subtitle and subtitle D, Congress urges the President to pursue high- or expended for the purpose of— the term ‘‘ABM Treaty’’ means the Treaty Be- level discussions with Russia to amend the ABM (A) prescribing, enforcing, or implementing tween the United States and the Union of Soviet Treaty to permit— any Executive order, regulation, or policy that Socialist Republics on the Limitation of Anti- (A) deployment of the number of ground-based would apply the ABM Treaty (or any limitation Ballistic Missile Systems, and signed at Moscow ABM sites necessary to provide effective defense or obligation under such Treaty) to research, on May 26, 1972, and includes Protocols to that of the entire territory of the United States development, testing, or deployment of a theater Treaty, signed at Moscow on July 3, 1974. against limited ballistic missile attack; and missile defense system, a theater missile defense SEC. 238. REPEAL OF MISSILE DEFENSE ACT OF (B) the unrestricted exploitation of sensors system upgrade, or a theater missile defense sys- 1991. based within the atmosphere and in space. tem component; or The Missile Defense Act of 1991 is repealed. (3) It is in the interest of the United States to (B) taking any other action to provide for the develop its own missile defense capabilities in a Subtitle D—Other Ballistic Missile Defense manner that will permit the United States to ABM Treaty (or any limitation or obligation Provisions under such Treaty) to be applied to research, complement and support the missile defense ca- development, testing, or deployment of a theater SEC. 241. BALLISTIC MISSILE DEFENSE FUNDING pabilities developed and deployed by its allies FOR FISCAL YEAR 1996. missile defense system, a theater missile defense and possible coalition partners. Therefore, the Of the amounts authorized to be appropriated system upgrade, or a theater missile defense sys- Congress urges the President— pursuant to section 201 for fiscal year 1996 or tem component. (A) to pursue high-level discussions with allies otherwise made available to the Department of (2) This subsection applies with respect to and selected other states on the means and Defense for fiscal year 1996, not more than each missile defense system, missile defense sys- methods by which the parties on a bilateral $3,070,199,000 may be obligated for Ballistic Mis- tem upgrade, or missile defense system compo- basis can cooperate in the development, deploy- sile Defense programs. nent that is capable of countering modern thea- ment, and operation of ballistic missile defenses; (B) to take the initiative within the North At- ter ballistic missiles. SEC. 242. POLICY CONCERNING BALLISTIC MIS- (3) This subsection shall cease to apply with SILE DEFENSE. lantic Treaty Organization to develop consensus respect to a missile defense system, missile de- (a) BALLISTIC MISSILE DEFENSE AND OTHER in the Alliance for a timely deployment of effec- fense system upgrade, or missile defense system COUNTERPROLIFERATION EFFORTS.—The Con- tive ballistic missile defenses by the Alliance; component when that system, system upgrade, gress views the deployment of ballistic missile and (C) in the interim, to seek agreement with al- or system component has been flight tested in an defenses as a necessary, but not sufficient, ele- lies and selected other states on steps the parties ABM-qualifying flight test. ment of a broader strategy to discourage both should take, consistent with their national in- (c) ABM-QUALIFYING FLIGHT TEST DEFINED.— the proliferation of weapons of mass destruction terests, to reduce the risks posed by the threat of For purposes of this section, an ABM-qualifying and the proliferation of means of their delivery limited ballistic missile attacks, such steps to in- flight test is a flight test against a ballistic mis- and to defend against the consequences of such clude— sile which, in that flight test, exceeds (1) a proliferation. The Congress, therefore, endorses and supports measures designed to slow or halt (i) the sharing of early warning information range of 3,500 kilometers, or (2) a velocity of 5 derived from sensors deployed by the United kilometers per second. the proliferation of advanced technologies that pose a threat to the safety and security of the States and other states; SEC. 236. BALLISTIC MISSILE DEFENSE PROGRAM (ii) the exchange on a reciprocal basis of tech- ACCOUNTABILITY. United States and to international stability. (b) BALLISTIC MISSILE DEFENSE AND STRATE- nical data and technology to support both joint (a) ANNUAL BMD PROGRAMS REPORT.—The development programs and the sale and pur- Secretary of Defense shall submit to the congres- GIC STABILITY.—(1) The Congress views the de- ployment of ballistic missile defenses as a strate- chase of missile defense systems and compo- sional defense committees an annual report de- nents; and scribing the technical milestones, schedule, and gically stabilizing measure. (2) The deployment of Theater Missile Defense (iii) operational level planning to exploit cur- cost of each ballistic missile defense program systems at the earliest practical date pursuant rent missile defense capabilities and to help de- specified in subsection (c). to section 232(a)(1) will deny potential adversar- fine future requirements. (b) MATTERS TO BE INCLUDED.—Each report SEC. 243. TESTING OF THEATER MISSILE DE- under subsection (a) shall list all technical mile- ies the option of escalating a conflict by threat- ening or attacking United States forces, coali- FENSE INTERCEPTORS. stones, program schedule milestones, and costs Subsection (a) of section 237 of the National tion partners of the United States, or allies of of each phase of development and acquisition, Defense Authorization Act for Fiscal Year 1994 the United States with ballistic missiles armed together with total estimated program costs, cov- (Public Law 103–160; 107 Stat. 1600) is amended with weapons of mass destruction to offset the ering the entire life of each program specified in to read as follows: operational and technical advantages of the subsection (c). ‘‘(a) TESTING OF THEATER MISSILE DEFENSE United States and its coalition partners and al- (c) COVERED PROGRAMS.—The reports under INTERCEPTORS.—(1) The Secretary of Defense this section shall cover the following programs: lies. may not approve a theater missile defense inter- (3) The deployment of a National Missile De- (1) Theater High Altitude Area Defense ceptor program proceeding beyond the low-rate fense system at the earliest practical date pursu- (THAAD). initial production acquisition stage until the ant to section 232(a)(2) against the threat of lim- (2) Patriot Advanced Capability-3. Secretary certifies to the congressional defense ited ballistic missile attacks— (3) Navy Lower Tier. committees that such program has successfully (A) will strengthen deterrence at the levels of (4) Navy Upper Tier. completed initial operational test and evalua- forces agreed to by the United States and Russia (5) Corps Surface-to-Air Missile. tion. (6) Hawk. under the Strategic Arms Reduction Talks Trea- ‘‘(2) In order to be certified under paragraph (7) Boost Phase Intercept. ties (START–I and START–II); and (1) as having been successfully completed, the (8) National Missile Defense. (B) would further strengthen deterrence if re- initial operational test and evaluation con- (9) Arrow. ductions below the levels permitted under ducted with respect to an interceptors program (10) Medium Extended Air Defense. START–II should be agreed to in the future. must have included flight tests— (11) Any theater missile defense program or (c) PRESIDENTIAL DISCUSSIONS WITH OTHER ‘‘(A) that were conducted with multiple inter- national missile defense program which the De- NATIONS.—(1) The Congress— ceptors and multiple targets in the presence of partment of Defense initiates after the date of (A) notes that on the basis of section 235 it is realistic countermeasures; and the enactment of this Act. no longer necessary for the United States to ‘‘(B) the results of which demonstrate the (d) VARIANCE REPORTING REQUIREMENTS.—(1) continue discussions with Russia to clarify the achievement by the interceptors of the baseline In the annual report under this section, the Sec- distinction between ABM and TMD systems performance thresholds. retary shall describe, with respect to each pro- and, therefore, urges the President to dis- ‘‘(3) For purposes of this subsection, the base- gram covered in the report, any difference in the continue any such discussions; line performance thresholds with respect to a technical milestones, program schedule mile- (B) notes that the ABM Treaty prohibits de- program are the weapons systems performance stones, and costs for that program— ployment of ground-based interceptors in a thresholds specified in the baseline description (A) compared with the information relating to number that would be sufficient to assure that for the system established (pursuant to section that program in the report submitted in the pre- the entire continental United States, Alaska, 2435(a)(1) of title 10, United States Code) before vious year; and and Hawaii are defended against limited ballis- the program entered the engineering and manu- (B) compared with the information relating to tic missile attacks; and facturing development stage. that program in the first report submitted under (C) notes that past discussions with Russia, ‘‘(4) The number of flight tests described in this section in which that program is covered. based on Russian President Yeltsin’s proposal paragraph (2) that are required in order to make (2) Paragraph (1)(A) shall not apply to the for a Global Protection System, held promise of the certification under paragraph (1) shall be a first report submitted under this section. an agreement to amend the ABM Treaty to number determined by the Secretary of Defense (e) DATE OF SUBMISSION.—The report required allow defense against a limited ballistic missile to be sufficient for the purposes of this section. by this section for any year shall be submitted attack that would have included (among other ‘‘(5) The Secretary may augment live-fire test- not later than 30 days after the date on which measures) permitted deployment of as many as ing to demonstrate weapons system performance the President’s budget for the next fiscal year is four ground-based interceptor sites in addition goals for purposes of the certification under submitted, except that the first report shall be to the one site currently permitted under the paragraph (1) through the use of modeling and submitted not later than 90 days after the date ABM Treaty and unrestricted exploitation of simulation that is validated by ground and of the enactment of this Act. ground-based and space-based sensors. flight testing.’’. June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5807 SEC. 244. REPEAL OF MISSILE DEFENSE PROVI- crease costs and delay the initial operational ca- (1) The match between the capabilities pro- SIONS. pability of the Crusader system; and vided by current service and defense-wide C4I The following provisions of law are repealed: (2) the Secretary notifies the congressional de- programs and the actual needs of users of these (1) Section 222 of the Department of Defense fense committees of the proposed use of the programs. Authorization Act, 1986 (Public Law 99–145; 99 funds and the reasons for the proposed use of (2) The interoperability of service and defense- Stat. 613; 10 U.S.C. 2431 note). the funds. wide C4I systems that are planned to be oper- (2) Section 225 of the Department of Defense (b) LIMITATION.—The Secretary of the Army ational in the future. Authorization Act, 1986 (Public Law 99–145; 99 may not spend funds for the liquid propellant (3) The need for an overall defense-wide ar- Stat. 614). portion of the Crusader system after August 1, chitecture for C4I. (3) Section 226 of the National Defense Au- 1996, unless significant progress has been made (4) Proposed strategies for ensuring that fu- thorization Act for Fiscal Years 1988 and 1989 toward meeting the objectives set forth in sub- ture C4I acquisitions are compatible and (Public Law 100–180; 101 Stat. 1057; 10 U.S.C. section (c) and the statement described in sub- interoperable with an overall architecture. 2431 note). section (d) has been submitted to the congres- (5) Technological and administrative aspects (4) Section 8123 of the Department of Defense sional defense committees. of the C4I modernization effort to determine the Appropriations Act, 1989 (Public Law 100–463; (c) OBJECTIVES.—The objectives referred to in soundness of the underlying plan and the extent 102 Stat. 2270–40). subsection (b) are the following: to which it is consistent with concepts for joint (5) Section 8133 of the Department of Defense (1) Breech and ignition design criteria for rate military operations in the future. Appropriations Act, 1992 (Public Law 102–172; of fire for the cannon of the Crusader system (c) TWO-YEAR PERIOD FOR CONDUCTING RE- 105 Stat. 1211). have been met. VIEW.—The National Research Council shall (6) Section 234 of the National Defense Au- (2) The final ignition concept has been de- conduct the review over the two-year period be- thorization Act for Fiscal Year 1994 (Public Law signed and successfully bench tested for the ginning upon completion of the performance of 103–160; 107 Stat. 1595; 10 U.S.C. 2431 note). next prototype of the cannon of the Crusader the contract described in subsection (a). Subtitle E—Other Matters system. (d) REPORTS.—(1) The National Research SEC. 251. ALLOCATION OF FUNDS FOR MEDICAL (3) Designs to prevent chamber piston rever- Council shall submit to the Department of De- COUNTERMEASURES AGAINST sals have been tested in a fixed weapons test fense and Congress interim reports and progress BIOWARFARE THREATS. stand. updates on a regular basis as the review pro- Section 2370a of title 10, United States Code, is (4) The chemistry and physics of propellant ceeds. A final report on the review shall set amended— burn resulting from the firing of liquid propel- forth the findings, conclusions, and rec- (1) in subsection (a), by striking out ‘‘Depart- lant into any target zone are fully understood, ommendations of the Council for defense-wide ment of Defense—’’ and all that follows through and predictable firings have been demonstrated. and service C4I programs and shall be submitted ‘‘not more than 20 percent’’ and inserting in lieu (5) An analysis of the management of heat to the Committee on Armed Services of the Sen- thereof ‘‘Department of Defense, not more than dissipation has been made for the full range of ate, the Committee on National Security of the 50 percent’’; and performance requirements for the cannon, and House of Representatives, and the Secretary of (2) in subsection (b), by striking out para- concept designs supported by that analysis are Defense. graph (2) and redesignating paragraphs (3), (4), completed and proposed for engineering. (2) To the maximum degree possible, the final and (5) as paragraphs (2), (3), and (4), respec- (6) Engineering designs to control pressure os- report shall be submitted in unclassified form tively. cillations in the chamber during firing are prov- with classified annexes as necessary. SEC. 252. ANALYSIS OF CONSOLIDATION OF en and planned for integration into the next (e) INTERAGENCY COOPERATION WITH STUDY.— BASIC RESEARCH ACCOUNTS OF prototype of the cannon. All military departments, defense agencies, and MILITARY DEPARTMENTS. (7) Fill designs for the cannon chamber that other components of the Department of Defense (a) ANALYSIS REQUIRED.—The Secretary of focus on preventing future chamber explosions shall cooperate fully with the National Research Defense shall conduct an analysis of the cost have been electronically simulated and bench Council in its activities in carrying out the re- and effectiveness of consolidating the basic re- tested. view under this section. search accounts of the military departments. (8) An assessment of the sensitivity of liquid (f) EXPEDITED PROCESSING OF SECURITY The analysis shall determine potential infra- propellant to contamination by various mate- CLEARANCES FOR STUDY.—For the purpose of fa- structure savings and other benefits of co-locat- rials to which it may be exposed throughout the cilitating the commencement of the study under ing and consolidating the management of basic handling and operation of the cannon is com- this section, the Secretary of Defense shall expe- research. pleted. dite to the fullest degree possible the processing (b) DEADLINE.—On or before March 1, 1996, (d) STATEMENT.—The statement referred to in of security clearances that are necessary for the the Secretary shall submit to the Committee on subsection (b) is a statement submitted to the National Research Council to conduct the Armed Services of the Senate and the Committee congressional defense committees not later than study. on National Security of the House of Represent- March 30, 1996, that contains the following: (g) FUNDING.—Of the amount authorized to be atives a report on the analysis conducted under (1) An assertion that all the hazards associ- appropriated in section 201 for defense-wide ac- subsection (a). ated with liquid propellent have been identified tivities, $900,000 shall be available for the study SEC. 253. CHANGE IN REPORTING PERIOD FROM and are controllable to acceptable levels. under this section. CALENDAR YEAR TO FISCAL YEAR (2) An assessment of the technology for each FOR ANNUAL REPORT ON CERTAIN SEC. 257. FIVE-YEAR PLAN FOR FEDERALLY FUND- component of the Crusader system (the cannon, ED RESEARCH AND DEVELOPMENT CONTRACTS TO COLLEGES AND UNI- vehicle, and crew module). The technology as- VERSITIES. CENTERS (FFRDCS). Section 2361(c)(2) of title 10, United States sessment shall include, for each performance (a) FIVE-YEAR PLAN.—The Secretary of De- Code, is amended— goal of the Crusader system (including total sys- fense, in consultation with the Secretaries of the (1) by striking out ‘‘calendar year’’ and in- tem weight), information about the maturity of military departments, shall develop a five-year serting in lieu thereof ‘‘fiscal year’’; and the technology to achieve that goal, the matu- plan to reduce and consolidate the activities (2) by striking out ‘‘after the year’’ and in- rity of the design of the technology, and the performed by federally funded research and de- serting in lieu thereof ‘‘after the fiscal year’’. manner in which the design has been proven velopment centers (FFRDCs) and establish a SEC. 254. MODIFICATION TO UNIVERSITY RE- (for example, through simulation, bench testing, framework for the future workload of such cen- SEARCH INITIATIVE SUPPORT PRO- or weapon firing). ters. GRAM. (3) An assessment of the cost of continued de- (b) OBJECTIVES.—The plan shall set forth the Section 802 of the National Defense Author- velopment of the Crusader system after August manner in which the Secretary of Defense could ization Act for Fiscal Year 1994 (Public Law 1, 1996, the cost of each unit of the Crusader achieve by October 1, 2000, the following: 103–160; 107 Stat. 1701) is amended— system in the year the Crusader system will be (1) Implementation by federally funded re- (1) in subsections (a) and (b), by striking out completed, and the cost of each unit of the Fu- search and development centers of only those ‘‘shall’’ both places it appears and inserting in ture Armored Resupply Vehicle (FARV) in the core activities, as defined by the Secretary, that lieu thereof ‘‘may’’; and year that vehicle will be completed. require the unique capabilities and arrange- (2) in subsection (e), by striking out the sen- SEC. 256. REVIEW OF C4I BY NATIONAL RESEARCH ments afforded by such centers. tence beginning with ‘‘Such selection process’’. COUNCIL. (2) Consolidation of such core level activities SEC. 255. ADVANCED FIELD ARTILLERY SYSTEM (a) REVIEW BY NATIONAL RESEARCH COUN- into as few federally funded research and devel- (CRUSADER). CIL.—Not later than 90 days after the date of opment centers as is practical and possible. (a) AUTHORITY TO USE FUNDS FOR ALTER- the enactment of this Act, the Secretary of De- (3) Acquisition of systems engineering and NATIVE PROPELLANT TECHNOLOGIES.—During fense shall enter into a contract with the Na- systems integration activities currently per- fiscal year 1996, the Secretary of the Army may tional Research Council of the National Acad- formed by federally funded research and devel- use funds appropriated for the liquid propellant emy of Sciences to conduct a comprehensive re- opment centers through the use of competitive portion of the Advanced Field Artillery System view of current and planned service and de- procedures. (Crusader) program for fiscal year 1996 for alter- fense-wide programs for command, control, com- (4) Transfer of the management of the Soft- native propellant technologies and integration munications, computers, and intelligence (C4I) ware Engineering Initiative activities to the De- of those technologies into the design of the Cru- with a special focus on cross-service and inter- fense Information Systems Agency for purposes sader system if— service issues. of supporting command, control, communica- (1) the Secretary determines that the technical (b) MATTERS TO BE ASSESSED IN REVIEW.— tions, computing, and intelligence (C4I) pro- risk associated with liquid propellant will in- The review shall address the following: grams. H 5808 CONGRESSIONAL RECORD — HOUSE June 13, 1995 (5) Transfer of the management of the core ac- (5) The cost of environmental remediation at owned or controlled by persons a majority of tivities of Lincoln Laboratory to the Office of the laboratories and centers. whom are United States citizens. the Secretary of Defense. (d) REPORT.—Not later than May 1, 1996, the SEC. 262. CROSS REFERENCE TO CONGRES- (6) Acquisition of services provided to the De- Secretary of Defense shall submit to the congres- SIONAL DEFENSE POLICY CONCERN- partment of Defense by university-affiliated re- sional defense committees a report on the plan. ING NATIONAL TECHNOLOGY AND search centers (that operate like federally fund- (e) LIMITATION.—Of the amounts appropriated INDUSTRIAL BASE, REINVESTMENT, ed research and development centers) through or otherwise made available pursuant to an au- AND CONVERSION IN OPERATION OF DEFENSE RESEARCH AND DEVELOP- the use of competitive procedures. thorization in section 201 for the central test MENT PROGRAMS. (c) OTHER MATTERS.—The plan also shall in- and evaluation investment development pro- (a) SECTION 2358 PROJECTS.—Section clude the following: gram, not more than 40 percent may be obligated 2358(a)(2)(B) of title 10, United States Code, is (1) An assessment of the number of staff need- before the report required by subsection (d) is amended by inserting before the period the fol- ed in each federally funded research and devel- submitted to Congress. lowing: ‘‘and advance the defense policies and opment center during each year over the five SEC. 260. AERONAUTICAL RESEARCH AND TEST objectives specified in section 2501 of this title’’. years covered by the plan. CAPABILITIES ASSESSMENT. (b) SECTION 2371 PROJECTS.—Section 2371(a) of (2) A specific timetable for phasing in the ob- (a) POLICY.—(1) It is in the Nation’s long-term such title is amended by inserting before the pe- jectives set forth in subsection (b). national security interests to maintain pre- riod in the first sentence the following: ‘‘for the (d) REPORT.—Not later than February 1, 1996, eminence in the area of aeronautical research purpose of advancing the defense policies and the Secretary of Defense shall submit to the con- and test capabilities. objectives specified in section 2501 of this title’’. gressional defense committees a report on the (2) Continued advances in aeronautical TITLE III—OPERATION AND plan. science and engineering are critical to sustain- MAINTENANCE (e) UNDISTRIBUTED REDUCTION.—The total ing the strategic and tactical air superiority of Subtitle A—Authorization of Appropriations amount authorized to be appropriated for re- the United States and coalition forces, as well search, development, test, and evaluation in sec- as United States economic security and inter- SEC. 301. OPERATION AND MAINTENANCE FUND- tion 201 is hereby reduced by $90,097,000. national aerospace leadership. ING. SEC. 258. MANUFACTURING TECHNOLOGY PRO- (3) Encouragement of active Department of Funds are hereby authorized to be appro- GRAM. Defense partnership with other Government priated for fiscal year 1996 for the use of the (a) IN GENERAL.—Section 2525 of title 10, Unit- agencies, academic institutions, and private in- Armed Forces and other activities and agencies ed States Code, is amended as follows: dustry to develop, maintain, and enhance aero- of the Department of Defense for expenses, not (1) The heading is amended by striking out nautical research and test capabilities is in the otherwise provided for, for operation and main- the second and third words. national security and economic interest of the tenance in amounts as follows: (1) For the Army, $19,339,936,000. (2) Subsection (a) is amended by striking out Department and the United States. ‘‘Science and’’. (2) For the Navy, $21,677,510,000. (b) REVIEW.—(1) In pursuit of the aeronauti- (3) For the Marine Corps, $2,603,622,000. (3) Subsection (d) is amended— cal research and test capabilities policy set forth (4) For the Air Force, $18,984,162,000. (A) in paragraph (2)— in subsection (a), the Secretary of Defense shall (5) For Defense-wide activities, $10,680,371,000. (i) by striking out ‘‘or’’ at the end of subpara- conduct a comprehensive review of the aero- (6) For the Army Reserve, $1,139,591,000. graph (A); nautical research and test facilities and capa- (7) For the Naval Reserve, $838,042,000. (ii) by striking out the period at the end of bilities of the United States in order to assess (8) For the Marine Corps Reserve, $91,783,000. subparagraph (B) and inserting in lieu thereof the current condition of such facilities and ca- (9) For the Air Force Reserve, $1,507,447,000. ‘‘; or’’; and pabilities. (10) For the Army National Guard, (iii) by adding at the end the following new (2) The review shall identify options for pro- $2,394,108,000. subparagraph: viding affordable, operable, reliable, and re- (11) For the Air National Guard, ‘‘(C) will be carried out by an institution of sponsive long-term aeronautical research and $2,734,221,000. higher education.’’; and test capabilities for military and civilian pur- (12) For the Defense Inspector General, (B) by adding at the end the following new poses and for the organization and conduct of $177,226,000. paragraph: such capabilities within the Department or (13) For the United States Court of Appeals ‘‘(3) At least 25 percent of the funds available through shared operations with other Govern- for the Armed Forces, $6,521,000. for the program each fiscal year shall be used ment agencies, academic institutions, and pri- (14) For Environmental Restoration, Defense, for awarding grants and entering into contracts, vate industry. The review also shall set forth in $1,422,200,000. (15) For Drug Interdiction and Counter-drug cooperative agreements, and other transactions detail the projected costs of such options, in- Activities, Defense-wide, $680,432,000. on a cost-share basis under which the ratio of cluding costs of acquisition and technical and (16) For Medical Programs, Defense, recipient costs to Government costs is two to financial arrangements (including the use of one.’’. $9,876,525,000. Government facilities for reimbursable private (17) For Summer Olympics, $15,000,000. (b) CLERICAL AMENDMENT.—The item relating use). (18) For Cooperative Threat Reduction pro- to section 2525 in the table of sections at the be- (c) REPORT.—Not later than March 1, 1996, grams, $200,000,000. ginning of chapter 148 of title 10, United States the Secretary of Defense shall submit to the con- (19) For Overseas Humanitarian, Disaster, Code, is amended to read as follows: gressional defense committees a report setting and Civic Aid programs, $50,000,000. forth in detail the findings of the review re- ‘‘2525. Manufacturing technology program.’’. SEC. 302. WORKING CAPITAL FUNDS. SEC. 259. FIVE-YEAR PLAN FOR CONSOLIDATION quired by subsection (b). The report shall in- Funds are hereby authorized to be appro- OF DEFENSE LABORATORIES AND clude recommendations on the most efficient priated for fiscal year 1996 for the use of the TEST AND EVALUATION CENTERS. and economic means of developing, maintaining, Armed Forces and other activities and agencies (a) FIVE-YEAR PLAN.—The Secretary of De- and continually modernizing aeronautical re- of the Department of Defense for providing cap- fense shall develop a five-year plan to consoli- search and test capabilities to meet current, ital for working capital and revolving funds in date and restructure the laboratories and test planned, and prospective military and civilian amounts as follows: and evaluation centers of the Department of De- needs. (1) For the Defense Business Operations fense. SEC. 261. LIMITATION ON T–38 AVIONICS UP- Fund, $878,700,000. (b) OBJECTIVE.—The plan shall set forth the GRADE PROGRAM. (2) For the National Defense Sealift Fund, specific actions needed to consolidate the lab- (a) REQUIREMENT.—The Secretary of Defense $1,574,220,000. oratories and test and evaluation centers into as shall ensure that, in evaluating proposals sub- SEC. 303. ARMED FORCES RETIREMENT HOME. few laboratories and centers as is practical and mitted in response to a solicitation issued for a There is hereby authorized to be appropriated possible, in the judgment of the Secretary, by contract for the T–38 Avionics Upgrade Pro- for fiscal year 1996 from the Armed Forces Re- October 1, 2005. gram, the proposal of an entity may not be con- tirement Home Trust Fund the sum of (c) MATTERS TO BE CONSIDERED.—In develop- sidered unless— $59,120,000 for the operation of the Armed ing the plan, the Secretary shall consider the (1) in the case of an entity that conducts sub- Forces Retirement Home, including the United following: stantially all of its business in a foreign coun- States Soldiers’ and Airmen’s Home and the (1) Consolidation of common support func- try, the foreign country provides equal access to Naval Home. tions, including the following: similar contract solicitations in that country to Subtitle B—Defense Business Operations (A) Aircraft (fixed wing and rotary). United States entities; and Fund (B) Weapons. (2) in the case of an entity that conducts busi- (C) Space systems. ness in the United States but that is owned or SEC. 311. CODIFICATION OF DEFENSE BUSINESS (D) Command, control, communications, com- controlled by a foreign government or by an en- OPERATIONS FUND. puters, and intelligence. tity incorporated in a foreign country, the for- (a) MANAGEMENT OF WORKING-CAPITAL (2) The extent to which any military construc- eign government or foreign country of incorpo- FUNDS.—(1) Chapter 131 of title 10, United tion is planned at the laboratories and centers. ration provides equal access to similar contract States Code, is amended by inserting after sec- (3) The encroachment on the laboratories and solicitations in that country to United States en- tion 2215 the following new section: centers by residential and industrial expansion. tities. ‘‘§ 2216. Defense Business Operations Fund (4) The cost of operations and maintenance at (b) DEFINITION.—In this section, the term ‘‘(a) MANAGEMENT OF WORKING-CAPITAL the laboratories and centers. ‘‘United States entity’’ means an entity that is FUNDS AND CERTAIN ACTIVITIES.—The Secretary June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5809 of Defense may manage the performance of the lish billing procedures to ensure that the bal- SEC. 312. RETENTION OF CENTRALIZED MANAGE- working-capital funds and industrial, commer- ance in the Fund does not exceed the amount MENT OF DEFENSE BUSINESS OPER- cial, and support type activities described in necessary to provide for the working capital re- ATIONS FUND AND PROHIBITION ON subsection (b) through the fund known as the quirements of the Fund, as determined by the FURTHER EXPANSION OF FUND. Defense Business Operations Fund, which is es- Secretary. (a) CENTRALIZED MANAGEMENT.—Subsection tablished on the books of the Treasury. Except ‘‘(g) PURCHASE FROM OTHER SOURCES.—The (a) of section 2216 of title 10, United States for the funds and activities specified in sub- Secretary of Defense or the Secretary of a mili- Code, as added by section 311(a), is amended— section (b), no other functions, activities, funds, tary department may purchase goods and serv- (1) by inserting ‘‘(1)’’ before ‘‘The Secretary of or accounts of the Department of Defense may ices that are available for purchase from the Defense’’; and be managed through the Fund. Fund from a source other than the Fund if the (2) by adding at the end the following new ‘‘(b) FUNDS AND ACTIVITIES INCLUDED.—The Secretary determines that such source offers a paragraph: funds and activities referred to in subsection (a) more competitive rate for the goods and services ‘‘(2) Management of the Fund, including are the following: than the Fund offers. management of cash balances in the Fund, shall ‘‘(1) Working-capital funds established under ‘‘(h) ANNUAL REPORTS AND BUDGET.—The be exercised in the Office of the Secretary of De- section 2208 of this title and in existence on De- Secretary of Defense shall annually submit to fense under the immediate authority of the cember 5, 1991. Congress, at the same time that the President Under Secretary of Defense (Comptroller). The ‘‘(2) Those activities that, on December 5, submits the budget under section 1105 of title 31, Fund shall be treated as a single account for 1991, were funded through the use of a working- the following: purposes of subchapter III of chapter 13 and capital fund established under that section. ‘‘(1) A detailed report that contains a state- subchapter II of chapter 15 of title 31.’’. ‘‘(3) The Defense Finance and Accounting ment of all receipts and disbursements of the (b) EXPANSION OF FUND.—Such subsection is Service. Fund (including such a statement for each sub- further amended by adding at the end of para- ‘‘(4) The Defense Industrial Plant Equipment account of the Fund) for the year for which the graph (1) the following new sentence: ‘‘The Sec- Center. report is submitted. retary may not convert to management through ‘‘(5) The Defense Commissary Agency. ‘‘(2) A detailed proposed budget for the oper- the Fund any function, activity, fund, or ac- ‘‘(6) The Defense Technical Information Serv- ation of the Fund for the fiscal year for which count of the Department of Defense that is not ice. the budget is submitted. managed through the Fund as of the date of the ‘‘(7) The Defense Reutilization and Marketing ‘‘(3) A comparison of the amounts actually ex- Service. enactment of the National Defense Authoriza- pended for the operation of the Fund for the tion Act for Fiscal Year 1996.’’. ‘‘(c) SEPARATE ACCOUNTING, REPORTING, AND previous fiscal year with the amount proposed AUDITING OF FUNDS AND ACTIVITIES.—(1) The for the operation of the Fund for that fiscal SEC. 313. CHARGES FOR GOODS AND SERVICES Secretary of Defense shall provide in accordance year in the President’s budget. PROVIDED THROUGH DEFENSE with this subsection for separate accounting, re- BUSINESS OPERATIONS FUND AND ‘‘(4) A report on the capital asset subaccount TERMINATION OF ADVANCE BILLING porting, and auditing of funds and activities of the Fund that contains the following infor- PRACTICES. managed through the Fund. mation: (a) CHARGES INCLUDED.—Paragraph (1)(A)(ii) ‘‘(2) The Secretary shall maintain the sepa- ‘‘(A) The opening balance of the subaccount of subsection (d) of section 2216 of title 10, Unit- rate identity of each fund and activity managed as of the beginning of the fiscal year in which ed States Code, as added by section 311(a), is through the Fund that (before the establishment the report is submitted. of the Fund) was managed as a separate fund ‘‘(B) The estimated amounts to be credited to amended by striking out ‘‘as if employees of the or activity. the subaccount in the fiscal year in which the Department of Defense were used in the provi- ‘‘(3) The Secretary shall maintain separate report is submitted. sion of the goods and services’’ and inserting in records for each function for which payment is ‘‘(C) The estimated amounts of outlays to be lieu thereof ‘‘using the pay and allowances of made through the Fund and which (before the paid out of the subaccount in the fiscal year in the members’’. establishment of the Fund) was paid directly which the report is submitted. (b) CHARGES EXCLUDED.—Paragraph (2) of through appropriations, including the separate ‘‘(D) The estimated balance of the subaccount such subsection is amended by adding at the identity of the appropriation account used to at the end of the fiscal year in which the report end the following new subparagraph: pay for the performance of the function. is submitted. ‘‘(C) Amounts necessary to recover the costs of ‘‘(d) CHARGES FOR GOODS AND SERVICES PRO- ‘‘(E) A statement of how much of the esti- functions designated by the Secretary of De- VIDED THROUGH THE FUND.—(1) Charges for mated balance at the end of the fiscal year in fense as mission critical, such as ammunition goods and services provided through the Fund which the report is submitted will be needed to handling safety, and amounts for ancillary shall include the following amounts: pay outlays in the immediately following fiscal tasks not directly related to the mission of the ‘‘(A) Amounts necessary to recover the full year that are in excess of the amount to be cred- function or activity managed through the costs of— ited to the subaccount in the immediately fol- Fund.’’. ‘‘(i) the development, implementation, oper- lowing fiscal year. (c) TERMINATION OF ADVANCE BILLING PRAC- ation, and maintenance of systems supporting ‘‘(i) DEFINITIONS.—In this section: TICES.—Such subsection is further amended by the wholesale supply and maintenance activities ‘‘(1) The term ‘capital assets’ means the fol- adding at the end the following new paragraph: of the Department of Defense; and lowing capital assets that have a development or ‘‘(3) After September 30, 1996, functions and ‘‘(ii) the use of members of the armed forces in acquisition cost of not less than $15,000: activities managed through the Fund may not ‘‘(A) Minor construction projects financed by the provision of the goods and services, com- use advance billing in the provision of goods the Fund pursuant to section 2805(c)(1) of this puted by calculating, to the maximum extent and services to customers.’’. practicable, such costs as if employees of the De- title. SEC. 314. ANNUAL PROPOSED BUDGET FOR OPER- partment of Defense were used in the provision ‘‘(B) Automatic data processing equipment, software, other equipment, and other capital im- ATION OF DEFENSE BUSINESS OPER- of the goods and services. ATIONS FUND. provements. ‘‘(B) Amounts for depreciation of capital as- Subsection (h)(2) of section 2216 of title 10, sets, set in accordance with generally accepted ‘‘(2) The term ‘Fund’ means the Defense Busi- ness Operations Fund.’’. United States Code, as added by section 311(a), accounting principles. is amended by adding at the end the following ‘‘(C) Amounts necessary to recover the full (2) The table of sections at the beginning of new sentence: ‘‘The proposed budget shall in- cost of the operation of the Defense Finance Ac- such chapter is amended by inserting after the clude the amount necessary to cover the operat- counting Service. item relating to section 2215 the following new ing losses, if any, of the Fund for the previous ‘‘(2) Charges for goods and services provided item: fiscal year.’’. through the Fund may not include the following ‘‘2216. Defense Business Operations Fund.’’. amounts: (b) CONFORMING REPEALS.—The following SEC. 315. REDUCTION IN REQUESTS FOR TRANS- ‘‘(A) Amounts necessary to recover the costs of provisions of law are hereby repealed: PORTATION FUNDED THROUGH DE- a military construction project (as defined in (1) Subsections (b), (c), (d), and (e) of section FENSE BUSINESS OPERATIONS FUND. section 2801(b) of this title), other than a minor 311 of the National Defense Authorization Act construction project financed by the Fund pur- for Fiscal Year 1995 (Public Law 103–337; 10 (a) REDUCTION.—The Secretary of Defense suant to section 2805(c)(1) of this title. U.S.C. 2208 note). shall direct the heads of Defense-wide activities ‘‘(B) Amounts necessary to cover costs in- (2) Subsections (a) and (b) of section 333 of the and the Secretaries of the military departments curred in connection with the closure or realign- National Defense Authorization Act for Fiscal to reduce requests during fiscal year 1996 for ment of a military installation. Year 1994 (Public Law 103–160; 10 U.S.C. 2208 purchasing transportation from the transpor- ‘‘(e) CAPITAL ASSET SUBACCOUNT.—(1) note). tation accounts of the Defense Business Oper- Amounts charged for depreciation of capital as- (3) Section 342 of the National Defense Au- ations Fund by $70,000,000 below the level of sets pursuant to subsection (d)(1)(B) shall be thorization Act for Fiscal Year 1993 (Public Law such requests during fiscal year 1995. The rates credited to a separate capital asset subaccount 102–484; 10 U.S.C. 2208 note). charged for transportation funded through the established within the Fund. (4) Section 316 of the National Defense Au- Defense Business Operations Fund shall be re- ‘‘(2) The Secretary of Defense may award con- thorization Act for Fiscal Years 1992 and 1993 duced to reflect the effect of the reduced re- tracts for capital assets of the Fund in advance (Public Law 102–190; 10 U.S.C. 2208 note). quests on overhead costs. of the availability of funds in the subaccount. (5) Section 8121 of the Department of Defense (b) REPORT REQUIRED.—Not later than March ‘‘(f) PROCEDURES FOR ACCUMULATION OF Appropriations Act, 1992 (Public Law 102–172; 10 1, 1996, the Secretary of Defense shall submit to FUNDS.—The Secretary of Defense shall estab- U.S.C. 2208 note). Congress a report regarding— H 5810 CONGRESSIONAL RECORD — HOUSE June 13, 1995 (1) the effect on the Defense transportation the end of fiscal year 1997, spending for admin- submit to the Committee on Armed Services of organization of implementing certain consolida- istration, support, studies, and investigations the Senate and the Committee on National Secu- tion proposals, such as the elimination of dupli- associated with the Defense Environmental Res- rity of the House of Representatives a plan for cation in the component command structure; toration Account to 20 percent of the total fund- the implementation of subsection (a). and ing for that account. SEC. 334. PERSONNEL ACTIONS INVOLVING EM- (2) the extent that transportation overhead, Subtitle D—Civilian Employees and PLOYEES OF NONAPPROPRIATED the cost of which is passed on to customers, can Nonappropriated Fund Instrumentality Em- FUND INSTRUMENTALITIES. be significantly reduced without adversely af- ployees (a) CLARIFICATION OF DEFINITION OF fecting mobilization requirements. NONAPPROPRIATED FUND INSTRUMENTALITY EM- SEC. 331. MANAGEMENT OF DEPARTMENT OF DE- Subtitle C—Environmental Provisions FENSE CIVILIAN PERSONNEL. PLOYEE.—Subsection (a)(1) of section 1587 of title 10, United States Code, is amended by add- SEC. 321. CLARIFICATION OF SERVICES AND Section 129 of title 10, United States Code, is PROPERTY THAT MAY BE EX- amended— ing at the end the following new sentence: CHANGED TO BENEFIT THE HISTORI- (1) in subsection (a)— ‘‘Such term includes a civilian employee of a CAL COLLECTION OF THE ARMED (A) by inserting ‘‘(including any limitation on support organization within the Department of FORCES. full-time equivalent positions)’’ before the period Defense or a military department, such as the Section 2572(b) of title 10, United States Code, at the end of the second sentence; and Defense Finance and Accounting Service, who is is amended in paragraph (1) by striking out (B) by adding at the end the following new paid from nonappropriated funds on account of ‘‘not needed by the armed forces’’ and all that sentence: ‘‘The Secretary shall not be required the nature of the employee’s duties.’’. follows through the end of the paragraph and to make a reduction in the number of full-time (b) DIRECT REPORTING OF VIOLATIONS.—Sub- inserting in lieu thereof the following: ‘‘not equivalent positions in the Department of De- section (e) of such section is amended in the sec- needed by the armed forces for any of the fol- fense unless such reduction is necessary due to ond sentence by inserting before the period the lowing items or services if they directly benefit a reduction in funds available to the Depart- following: ‘‘and to permit the direct reporting of the historical collection of the armed forces: ment or is required under a law that is enacted alleged violations of subsection (b) to the In- ‘‘(A) Similar items held by any individual, or- after the date of the enactment of the National spector General of the Department of Defense’’. ganization, institution, agency, or nation. Defense Authorization Act for Fiscal Year 1996 (c) TECHNICAL AMENDMENT.—Subsection (a)(1) ‘‘(B) Conservation supplies, equipment, facili- and that refers specifically to this subsection.’’; of such section is further amended by striking ties, or systems. and out ‘‘Navy Resale and Services Support Office’’ ‘‘(C) Search, salvage, or transportation serv- (2) by adding at the end the following new and inserting in lieu thereof ‘‘Navy Exchange ices. subsection: Service Command’’. ‘‘(D) Restoration, conservation, or preserva- ‘‘(d) With respect to each budget activity (d) CLERICAL AMENDMENTS.—(1) The heading tion services. within an appropriation for any fiscal year for of such section is amended to read as follows: ‘‘(E) Educational programs.’’. operations and maintenance, the Secretary of ‘‘§ 1587. Employees of nonappropriated fund SEC. 322. ADDITION OF AMOUNTS CREDITABLE Defense shall ensure that there are employed instrumentalities: personnel actions’’. TO DEFENSE ENVIRONMENTAL RES- during that fiscal year employees in the number, (2) The item relating to section 1587 in the TORATION ACCOUNT. and of the type and with the skill mix, that are Section 2703(e) of title 10, United States Code table of sections at the beginning of chapter 81 necessary to carry out the functions within that of such title is amended to read as follows: is amended to read as follows: budget activity for which funds are provided for ‘‘(e) AMOUNTS RECOVERED.—The following that fiscal year.’’. ‘‘1587. Employees of nonappropriated fund in- strumentalities: personnel ac- amounts shall be credited to the transfer ac- SEC. 332. MANAGEMENT OF DEPOT EMPLOYEES. tions.’’. count: (a) DEPOT EMPLOYEES.—Chapter 146 of title ‘‘(1) Amounts recovered under section 107 of 10, United States Code, is amended by adding at SEC. 335. TERMINATION OF OVERSEAS LIVING CERCLA for response actions of the Secretary. the end the following new section: QUARTERS ALLOWANCES FOR ‘‘(2) Any other amounts recovered by the Sec- NONAPPROPRIATED FUND INSTRU- retary or the Secretary of the military depart- ‘‘§ 2472. Management of depot employees MENTALITY EMPLOYEES. ment concerned from a contractor, insurer, sur- ‘‘(a) PROHIBITION ON MANAGEMENT BY END (a) PROHIBITION OF ALLOWANCE FOR NEW EM- ety, or other person to reimburse the Depart- STRENGTH.—The civilian employees of the De- PLOYEES.—A nonappropriated fund instrumen- ment of Defense for any expenditure for envi- partment of Defense involved in the depot-level tality employee hired after the date of the enact- ronmental response activities.’’. maintenance and repair of materiel may not be ment of this Act may not be paid an overseas SEC. 323. REPEAL OF CERTAIN ENVIRONMENTAL managed on the basis of any end-strength con- living quarters allowance from nonappropriated EDUCATION PROGRAMS. straint or limitation on the number of such em- funds of the nonappropriated fund instrumen- Sections 1333 and 1334 of the National Defense ployees who may be employed on the last day of tality that employs the employee. Authorization Act for Fiscal Year 1994 (Public a fiscal year. Such employees shall be managed (b) TERMINATION OF ALLOWANCE FOR CURRENT Law 103–160; 10 U.S.C. 2701 note) are repealed. solely on the basis of the available workload EMPLOYEES.—A nonappropriated fund instru- and the funds made available for such depot- mentality employee who is eligible for an over- SEC. 324. REPEAL OF LIMITATION ON OBLIGA- TION OF AMOUNTS TRANSFERRED level maintenance and repair. seas living quarters allowance on the date of the FROM ENVIRONMENTAL RESTORA- ‘‘(b) ANNUAL REPORT.—Not later than 60 days enactment of this Act shall cease to be eligible TION TRANSFER ACCOUNT. after the beginning of each fiscal year, the Sec- for such an allowance after the earlier of— (a) REPEAL OF LIMITATION.—Section 2703 of retary of Defense shall submit to the Committee (1) September 30, 1998; or title 10, United States Code, is further amend- on Armed Services of the Senate and the Com- (2) the date on which the employee otherwise ed— mittee on National Security of the House of Rep- ceases to be eligible for such an allowance. (1) by striking out subsection (c); and resentatives a report on the number of employ- (c) NONAPPROPRIATED FUND INSTRUMENTALITY (2) by redesignating subsection (d), subsection ees employed and expected to be employed by EMPLOYEE DEFINED.—For purposes of this sec- (e) (as amended by section 322), and subsection the Department of Defense during that fiscal tion, the term ‘‘nonappropriated fund instru- (f) as subsections (c), (d), and (e), respectively. year to perform depot-level maintenance and re- mentality employee’’ has the meaning given (b) EFFECT ON CONTRACTS.—Nothing in the pair of materiel. The report shall indicate such term in section 1587(a)(1) of title 10, United amendment made by subsection (a) shall be con- whether that number is sufficient to perform the States Code. sidered to negate or invalidate any legal protec- depot-level maintenance and repair functions SEC. 336. OVERTIME EXEMPTION FOR tion or legal defense available to the Depart- for which funds have been appropriated for that NONAPPROPRIATED FUND EMPLOY- ment of Defense under ‘‘force majeure’’ clauses fiscal year for performance by Department of EES. in environmental restoration contracts or agree- Defense employees.’’. Section 6121(2) of title 5, United States Code, ments existing on the date of the enactment of (b) CLERICAL AMENDMENT.—The table of sec- is amended to read as follows: this Act. tions at the beginning of chapter 146 of such ‘‘(2) ‘employee’ has the meaning given it by SEC. 325. ELIMINATION OF AUTHORITY TO title is amended by adding at the end the follow- section 2105(a) and also includes those paid TRANSFER AMOUNTS FOR TOXI- ing new item: from nonappropriated funds of the Army and COLOGICAL PROFILES. ‘‘2472. Management of depot employees.’’. Air Force Exchange Service, Navy Ship’s Stores Section 2704 of title 10, United States Code, is SEC. 333. CONVERSION TO PERFORMANCE BY CI- Ashore, Navy exchanges, Marine Corps ex- amended in subsections (c) and (d)(3)— VILIAN EMPLOYEES OF ACTIVE-DUTY changes, Coast Guard exchanges, and other in- (1) by striking out ‘‘, such sums from amounts POSITIONS. strumentalities of the United States under the appropriated to the Department of Defense,’’; (a) CONVERSION TO CIVILIAN PERFORMANCE.— jurisdiction of the armed forces conducted for and During fiscal year 1996, the Secretary of Defense the comfort, pleasure, contentment, and mental (2) by striking out ‘‘, including the manner for shall change to performance by employees of the and physical improvement of personnel of the transferring funds and personnel and for co- Department of Defense the performance of not armed forces;’’. ordination of activities under this section’’. less than 10,000 positions in the Department of SEC. 337. CONTINUED HEALTH INSURANCE COV- SEC. 326. SENSE OF CONGRESS ON USE OF DE- Defense that, as of September 30, 1995, were des- ERAGE. FENSE ENVIRONMENTAL RESTORA- ignated to be performed by members of the Section 8905a(d)(4) of title 5, United States TION ACCOUNT. Armed Forces on active duty. Code, is amended— It is the sense of Congress that the Secretary (b) IMPLEMENTATION PLAN.—Not later than (1) in subparagraph (A), by inserting ‘‘, or a of Defense should make every effort to limit, by March 31, 1996, the Secretary of Defense shall voluntary separation from a surplus position,’’ June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5811 after ‘‘an involuntary separation from a posi- States to facilitate efficiency in the management tality, such as overhead costs (including man- tion’’; and and operation of the commissary store system. agement, logistics, administration, depreciation, (2) by adding at the end the following new ‘‘(2) A commissary store operated by a and utilities), the costs of carrying inventory, subparagraph: nonappropriated fund instrumentality shall be and handling and distribution costs. ‘‘(C) For the purpose of this paragraph, ‘sur- operated in accordance with section 2484 of this ‘‘(2) If the use of a private distributor would plus position’ means a position which is identi- title. Subject to such section, the Secretary of subject covered alcoholic beverage purchases of fied in pre-reduction in force planning as no Defense may authorize a transfer of goods, sup- distilled spirits to direct or indirect State tax- longer required, and which is expected to be plies, and facilities of, and funds appropriated ation, a nonappropriated fund instrumentality eliminated under formal reduction-in-force pro- for, the Defense Commissary Agency to a shall be considered to be the most economical cedures.’’. nonappropriated fund instrumentality operating method of distribution regardless the results of SEC. 338. CREDITABILITY OF CERTAIN NAFI SERV- a commissary store.’’. the determination under paragraph (1). ICE UNDER THE FEDERAL EMPLOY- (b) AUTHORIZATION FOR DISTRIBUTORS TO ‘‘(3) The Secretary shall use the agencies per- EES’ RETIREMENT SYSTEM. SERVE AS VENDOR AGENTS.—Such section is fur- forming audit functions on behalf of the armed (a) IN GENERAL.—Subject to subsections (b) ther amended by adding after subsection (b), as forces and the Inspector General of the Depart- and (c), upon application to the Office of Per- added by subsection (a), the following new sub- ment of Defense to make determinations under sonnel Management, any individual who, on the section: this subsection.’’. date of making such application, is an employee ‘‘(c) PAYMENTS TO VENDOR AGENTS.—If a dis- SEC. 345. TRANSPORTATION BY COMMISSARIES within the Department of Defense or the legisla- tributor for a vendor of resale products under AND EXCHANGES TO OVERSEAS LO- tive branch of the Government shall be allowed contract to the Defense Commissary Agency is CATIONS. credit under chapter 84 of title 5, United States designated as an agent by and for the vendor, (a) IN GENERAL.—Chapter 157 of title 10, Unit- Code (for purposes of benefits payable out of the the distributor may invoice the agency and ac- ed States Code, is amended by adding at the end Fund) for any service if— cept payments from the agency under the ven- the following new section: (1) such service was performed by such indi- dor’s contract. A distributor designated as a vidual as an employee of a nonappropriated agent for purposes of this subsection may re- ‘‘§ 2643. Commissary and exchange services: fund instrumentality of the Department of De- quest payment for more than one product of the transportation overseas fense or the Coast Guard, described in section vendor on the same invoice. All payments made ‘‘The Secretary of Defense shall give the offi- 2105(c) of such title; and by the agency to a distributor designated by a cials responsible for operation of commissaries (2) such individual has served continuously, vendor as the vendor’s agent shall be considered and military exchanges the authority to nego- since moving (after December 31, 1986, and with- payments under the vendor’s contract, and the tiate directly with private carriers for the most out a break in service of more than 3 days) from payments shall fulfill the payment obligations of cost-effective transportation of commissary and a nonappropriated fund instrumentality re- the United States in the same manner as if the exchange supplies by sea without relying on the ferred to in paragraph (1), in— payments had been made directly to the ven- Military Sealift Command or the Military Traf- (A) the Department of Defense; or dor.’’. fic Management Command. Section 2631 of this (B) the legislative branch of the Government. (c) CLERICAL AMENDMENT.—The item relating title, regarding the preference for vessels of the (b) CONDITIONS.—An individual may not be to such section in the table of sections at the be- United States or belonging to the United States allowed credit for service under this section un- ginning of chapter 147 of such title is amended in the transportation of supplies by sea, shall less— to read as follows: apply to the negotiation of transportation con- (1) an application is filed before the deadline ‘‘2482. Commissary stores: operation.’’. tracts under the authority of this section.’’. under subsection (c); SEC. 342. PRICING POLICIES FOR COMMISSARY (b) CLERICAL AMENDMENT.—The table of sec- (2) such individual has been subject to chap- STORE MERCHANDISE. tions at the beginning of such chapter is amend- ter 84 of title 5, United States Code, since mov- Section 2486(d)(1) of title 10, United States ed by adding at the end the following new item: ing in the manner described in subsection (a)(2); Code, is amended— ‘‘2643. Commissary and exchange services: and (1) by striking out ‘‘each item’’ and inserting transportation overseas.’’. (3) such individual deposits to the credit of in lieu thereof ‘‘items’’; and the Fund an amount equal to 1.3 percent of the SEC. 346. DEMONSTRATION PROGRAM FOR UNI- (2) by striking out ‘‘actual product cost of the FORM FUNDING OF MORALE, WEL- basic pay paid to such individual for such serv- item’’ and inserting in lieu thereof ‘‘total aver- FARE, AND RECREATION ACTIVITIES ice, with interest (computed in accordance with age product cost of merchandise sold’’. AT CERTAIN MILITARY INSTALLA- paragraphs (2) and (3) of section 8334(e) of title SEC. 343. LIMITED RELEASE OF COMMISSARY TIONS. 5, United States Code). STORES SALES INFORMATION TO (a) DEMONSTRATION PROGRAM REQUIRED.— (c) DEADLINE.—An application under this sec- MANUFACTURERS, DISTRIBUTORS, The Secretary of Defense shall conduct a dem- tion may not be filed after— AND OTHER VENDORS DOING BUSI- onstration program at six military installations, (1) the end of the 6-month period beginning on NESS WITH DEFENSE COMMISSARY under which funds appropriated for the support AGENCY. the date of the enactment of this Act; or of morale, welfare, and recreation programs at Section 2487(b) of title 10, United States Code, (2) if earlier, the date on which a written de- the installations are combined with is amended in the second sentence by inserting termination is made by the Office of Personnel nonappropriated funds available for such pro- before the period the following: ‘‘unless the Management that the actuarial present value of grams and treated as nonappropriated funds. agreement is between the Defense Commissary all benefits payable as a result of the enactment Under this demonstration program, the com- Agency and a manufacturer, distributor, or of this section has reached $50,000,000. bined appropriated funds shall be expended pur- other vendor doing business with the Agency (d) REGULATIONS.—The Office of Personnel suant to the laws and regulations that apply to and is restricted to information directly related Management shall prescribe any regulations nonappropriated funds. to merchandise provided by that manufacturer, necessary to carry out this section. (b) COVERED MILITARY INSTALLATIONS.—The distributor, or vendor’’. (e) DEFINITION.—For purposes of this section, Secretary of Defense shall select two military in- the term ‘‘Fund’’ means the Civil Service Retire- SEC. 344. ECONOMICAL DISTRIBUTION OF DIS- stallations from each military department to TILLED SPIRITS BY ment and Disability Fund under section 8348 of participate in the demonstration program. title 5, United States Code. NONAPPROPRIATED FUND INSTRU- MENTALITIES. (c) EFFECT ON CIVILIAN EMPLOYEES.—Civilian Subtitle E—Commissaries and (a) ECONOMICAL DISTRIBUTION.—Subsection employees of the Department of Defense who are Nonappropriated Fund Instrumentalities (a)(1) of section 2488 of title 10, United States normally paid using the appropriated funds SEC. 341. OPERATION OF COMMISSARY STORE Code, is amended by inserting after ‘‘most com- that are combined under subsection (a) shall be SYSTEM. petitive source’’ the following: ‘‘and distributed considered to be nonappropriated fund instru- (a) COOPERATION WITH OTHER ENTITIES.—Sec- in the most economical manner’’. mentality employees unless they continue to be tion 2482 of title 10, United States Code, is (b) DETERMINATION OF MOST ECONOMICAL paid using other appropriated funds. Any con- amended— DISTRIBUTION METHOD.—Such section is further verted employee shall automatically revert to (1) in the section heading, by striking out amended— the employee’s former status at the end of the ‘‘private’’; (1) by redesignating subsection (c) as sub- program or upon any action by management to (2) by inserting ‘‘(a) PRIVATE OPERATION.—’’ section (d); and terminate the employee, whichever occurs first. before ‘‘Private persons’’; and (2) by inserting after subsection (b) the follow- Any converted employee shall retain retirement (3) by adding at the end the following new ing new subsection: and medical benefits under the employee’s subsection: ‘‘(c)(1) In the case of covered alcoholic bev- former status. ‘‘(b) CONTRACTS WITH OTHER AGENCIES AND erage purchases of distilled spirits, to determine (d) PERIOD OF DEMONSTRATION PROGRAM.— INSTRUMENTALITIES.—(1) The Defense Com- whether a nonappropriated fund instrumental- The demonstration program shall terminate at missary Agency, and other agencies of the De- ity of the Department of Defense represents the the end of the first full fiscal year beginning on partment of Defense that support the operation most economical method of distribution to pack- or after the date of the enactment of this Act. of the commissary store system, may enter into age stores, the Secretary of Defense shall con- (e) REPORT.—Not later than 90 days after the contracts or other agreements with other appro- sider all components of the distribution costs in- end of the demonstration program, the Secretary priated fund or nonappropriated fund instru- curred by the nonappropriated fund instrumen- of Defense shall submit to Congress a report de- mentalities of the Department of Defense or scribing the results of the demonstration pro- other departments or agencies of the United gram. H 5812 CONGRESSIONAL RECORD — HOUSE June 13, 1995 SEC. 347. CONTINUED OPERATION OF BASE EX- available to the Secretary of Defense for trans- SEC. 358. PROCUREMENT OF CERTAIN COMMOD- CHANGE MART AT FORT WORTH fer to the Army and Air Force Exchange Service ITIES FROM MOST ECONOMICAL NAVAL AIR STATION AND AUTHOR- to offset expenses incurred by the Army and Air SOURCE. ITY TO EXPAND BASE EXCHANGE Force Exchange Service on account of reduc- (a) PROCUREMENT OF SUPPLIES.—In the case MART PROGRAM. tions in the number of members of the United of supplies for the Department of Defense pro- (a) CONTINUED OPERATION OF BASE EXCHANGE States Armed Forces assigned to permanent duty cured through the General Services Administra- MART.—Section 375 of the National Defense Au- ashore in Europe. tion as of the date of the enactment of this Act, thorization Act for Fiscal Year 1995 (Public Law the Secretary of Defense shall procure such sup- SEC. 350. STUDY REGARDING IMPROVING EFFI- 103–337; 108 Stat. 2736) is amended by striking plies from another source if the Secretary deter- out ‘‘, until December 31, 1995,’’. CIENCIES IN OPERATION OF MILI- TARY EXCHANGES AND OTHER MO- mines that the source can provide the supplies (b) EXPANSION OF BASE EXCHANGE MART PRO- RALE, WELFARE, AND RECREATION at a lower cost. The Secretary shall make the GRAM.—(1) Subject to paragraph (2), the Sec- ACTIVITIES AND COMMISSARY determinations required by this section in the retary of Defense may provide for the operation STORES. manner provided in section 2462 of title 10, Unit- by a nonappropriated fund instrumentality of (a) STUDY REQUIRED.—The Secretary of De- ed States Code. not more than ten combined exchange and com- fense shall conduct a study regarding the man- (b) EFFECTIVE DATE; RULE OF CONSTRUC- missary stores, in which groceries are sold at ner in which greater efficiencies can be achieved TION.—The amendment made by subsection (a) five percent above cost and other items are sold in the operation of— shall take effect on March 1, 1996, except that at the typical military exchange markup. (1) military exchanges; the amendment shall not be construed to require (2) The Secretary may select a military instal- (2) other instrumentalities of the United States the termination of any contract between the lation as the location for a combined exchange under the jurisdiction of the Armed Forces Secretary of Defense and the General Services and commissary store only if— which are conducted for the comfort, pleasure, Administration entered into before that date. (A) the installation has been or is selected for contentment, or physical or mental improvement SEC. 359. INCREASE IN COMMERCIAL PROCURE- closure or realignment; or of members of the Armed Forces; and (B) the continued operation of a separate mili- MENT OF PRINTING AND DUPLICA- (3) commissary stores. TION SERVICES. tary exchange and commissary store at the in- (b) REPORT OF STUDY.—Not later than March Notwithstanding any other provision of law, stallation is not economically feasible. 1, 1996, the Secretary of Defense shall submit to during fiscal year 1996, the Defense Printing (3) If a nonappropriated fund instrumentality Congress a report describing the results of the incurs a loss in operating a commissary store as Service may use private printing sources for up study and containing such recommendations as to 70 percent of its printing and duplication a result of the pricing requirements specified in the Secretary considers appropriate to imple- paragraph (1), the Secretary may authorize a services. ment efficiency-building options identified in SEC. 360. DIRECT DELIVERY OF ASSORTED transfer of funds appropriated for the Defense the study. Commissary Agency to the nonappropriated CONSUMABLE INVENTORY ITEMS OF SEC. 351. EXTENSION OF DEADLINE FOR CONVER- DEPARTMENT OF DEFENSE. fund instrumentality to offset the loss. However, SION OF NAVY SHIPS’ STORES TO OP- the total amount of appropriated funds trans- To reduce the expense and necessity of main- ERATION AS NONAPPROPRIATED taining extensive warehouses for consumable in- ferred during a fiscal year to support the oper- FUND INSTRUMENTALITIES. ation of a commissary store may not exceed an ventory items of the Department of Defense, the (a) EXTENSION.—Section 371(a) of the Na- Secretary of Defense shall arrange for direct amount equal to 25 percent of the appropriated tional Defense Authorization Act for Fiscal funds provided during the last full year of oper- vendor delivery of food, clothing, medical and Year 1994 (Public Law 103–160; 10 U.S.C. 7604 pharmaceutical supplies, automotive, electrical, ation of the commissary store by the Defense note) is amended by striking out ‘‘December 31, Commissary Agency. fuel, and construction supplies, and other 1995’’ and inserting in lieu thereof ‘‘December consumable inventory items for military instal- (4) The combined military exchange and com- 31, 1996’’. missary stores authorized under this subsection lations throughout the United States. The Sec- (b) INSPECTOR GENERAL REVIEW.—Not later retary shall complete implementation of this di- shall include the combined military exchange than April 1, 1996, the Inspector General of the and commissary store operated at the Naval Air rect vendor delivery system not later than Sep- Department of Defense shall submit to Congress tember 30, 1996. Station Fort Worth, Joint Reserve Center, a report— Carswell Field, Texas. (1) evaluating the costs and benefits of con- SEC. 361. OPERATIONS OF DEFENSE REUTILIZATION AND MARKETING (5) For purposes of this section, the term verting the operation of all Navy ships’ stores to ‘‘nonappropriated fund instrumentality’’ means SERVICE. operation by the Navy Exchange Service Com- The Secretary of Defense shall enter into a the Army and Air Force Exchange Service, Navy mand, as required by section 371(a) of the Na- Exchange Service Command, Marine Corps ex- contract, not later than July 1, 1996, for the per- tional Defense Authorization Act for Fiscal formance by a commercial entity of all of the op- changes, or any other instrumentality of the Year 1994 (Public Law 103–160; 10 U.S.C. 7604 United States under the jurisdiction of the erations of the unit of the Defense Logistics note); and Agency known as the Defense Reutilization and Armed Forces which is conducted for the com- (2) reviewing the Navy Audit Agency report Marketing Service. fort, pleasure, contentment, or physical or men- regarding such conversion prepared pursuant to tal improvement of members of the Armed section 374 of the National Defense Authoriza- SEC. 362. PRIVATE OPERATION OF PAYROLL Forces. FUNCTIONS OF DEPARTMENT OF DE- tion Act for Fiscal Year 1995 (Public Law 103– FENSE FOR PAYMENT OF CIVILIAN SEC. 348. UNIFORM DEFERRED PAYMENTS PRO- 337; 108 Stat. 2736). EMPLOYEES. GRAM FOR MILITARY EXCHANGES. Subtitle F—Contracting Out (a) PLAN ON CONTRACTING OUT.—Not later (a) USE OF COMMERCIAL BANKING INSTITU- than March 1, 1996, the Secretary of Defense TIONS.—As soon as possible after the date of the SEC. 357. PROCUREMENT OF ELECTRICITY FROM shall submit to Congress a plan regarding pri- enactment of this Act, the Secretary of Defense MOST ECONOMICAL SOURCE. vate operation of payroll functions for civilian shall endeavor to enter into an agreement with (a) PROCUREMENT OF ELECTRICITY.—(1) Chap- employees of the Department of Defense. a commercial banking institution under which ter 147 of title 10, United States Code, is amend- (b) IMPLEMENTATION.—Not later than October the commercial banking institution will fund ed by inserting after section 2483 the following 1, 1996, the Secretary shall implement the plan and operate the deferred payment programs of new section: developed under subsection (a). the Army and Air Force Exchange Service and ‘‘§ 2483a. Procurement of electricity from most Navy Exchange Service Command. To ease the economical source SEC. 363. DEMONSTRATION PROGRAM TO IDEN- TIFY UNDERDEDUCTIONS AND transition to commercial operation, the Sec- ‘‘The Secretary of Defense shall procure elec- OVERPAYMENTS MADE TO VENDORS. retary may initially limit the agreement to one tricity for use on military installations and by (a) DEMONSTRATION PROGRAM REQUIRED.— of the two military exchange services. other activities and functions of the Department The Secretary of Defense shall conduct a dem- (b) UNIFORM EXCHANGE CREDIT PROGRAM.— of Defense from the most economical source, as onstration program at the Defense Personnel Not later than January 1, 1997, the Secretary determined by the Secretary. The Secretary Support Center, Philadelphia, Pennsylvania, to shall establish a uniform deferred payment pro- shall make the determination required by this evaluate the feasibility of using private contrac- gram for use in all military exchanges to replace section in the manner provided in section 2462 of tors to audit accounting and procurement the separate deferred payment programs cur- this title.’’. records of the Department of Defense to identify rently operated by the Army and Air Force Ex- (2) The table of sections at the beginning of moneys due the United States because of change Service and Navy Exchange Service such chapter is amended by inserting after the underdeductions and overpayments made to Command. item relating to section 2483 the following new vendors. Pursuant to an agreement between the (c) REPORT.—Not later than December 31, item: 1995, the Secretary of Defense shall submit to Secretary and one or more private contractors ‘‘2483a. Procurement of electricity from most ec- selected by the Secretary, the contractors shall Congress a report describing the implementation onomical source.’’. of this section. perform an audit of accounting and procure- (b) EFFECTIVE DATE; RULE OF CONSTRUC- ment records of the Department for at least fis- SEC. 349. AVAILABILITY OF FUNDS TO OFFSET EX- PENSES INCURRED BY ARMY AND TION.—The amendment made by subsection (a) cal years 1993, 1994, and 1995 using commercial AIR FORCE EXCHANGE SERVICE ON shall take effect on March 1, 1996, except that sector data processing techniques, which would ACCOUNT OF TROOP REDUCTIONS the amendment shall not be construed to require compare purchase documents and agreements IN EUROPE. the termination of any contract for the purchase with vendor invoices to discover discrepancies in Of funds authorized to be appropriated under of electricity for the Department of Defense en- allowances, pricing, discounts, billback allow- section 301(5), not more than $70,000,000 shall be tered into before that date. ances, backhaul allowances, and freight routing June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5813 instructions. The audit shall also attempt to (2) using fully integrated solutions envisioned partment of Defense, based upon final assess- identify duplicate payments and unauthorized by the Department of Defense travel ment of the results of the program. invoice charges. reengineering report of January 1995; (e) SUSPENSION OF FURTHER CONSOLIDA- (b) BONUS PAYMENT.—From amounts made (3) matching credit card data and reservation TION.—Until the completion of the pilot program available to conduct the demonstration program, data with cost estimate data; and submission of the final report required the Secretary may pay the contractors a nego- (4) matching data with a trip pro forma plan under subsection (f)(2), none of the funds ap- tiated amount not to exceed 25 percent of all to eliminate the need for further approvals; and propriated to the Department of Defense for a amounts recovered as a result of the audit. (5) a responsive and flexible management in- fiscal year after fiscal year 1995 may be used to (c) AVAILABILITY OF FUNDS.—From amounts formation system for managers at all levels to reduce the number of data centers of the De- authorized to be appropriated pursuant to sec- monitor travel expenses throughout the year, partment of Defense to fewer than the 16 De- tion 301(5), not more than $5,000,000 shall be budget accurately for any future year, and as- fense MegaCenters identified as of the date of available to cover the costs of the demonstration sess cost and value relationship regarding tem- the enactment of this Act. program, including the cost of any bonus pay- porary duty travel for each mission. (f) REPORTING REQUIREMENTS.—(1) Not later ment under subsection (b). (e) PLAN FOR PROGRAM.—Before conducting than six months after commencing contracting SEC. 364. PILOT PROGRAM TO EVALUATE POTEN- the pilot program, the Secretary of Defense shall out activities under the pilot program, the Sec- TIAL FOR PRIVATE OPERATION OF develop a plan for the program that addresses retary of Defense shall submit to Congress an OVERSEAS DEPENDENTS’ SCHOOLS. the following: initial assessment report regarding the imple- (a) PILOT PROGRAM.—The Secretary of De- (1) The purposes of the prototype test, includ- mentation of the pilot program. fense may conduct a pilot program to assess the ing the objective of reducing the total costs of feasibility of using private contractors to oper- managing travel by at least one-half. (2) The Secretary shall submit to Congress a ate schools of the defense dependents’ education (2) The methodology, duration, and antici- final assessment report, including a rec- system established under section 1402(a) of the pated costs, including an arrangement whereby ommendation for expanding the program as ap- Defense Dependents’ Education Act of 1978 (20 the contractor would receive its agreed upon propriate, not later than one year after com- U.S.C. 921(a)). contract payment plus an additional negotiated mencing contracting out activities under the (b) SELECTION OF SCHOOL FOR PROGRAM.—If amount not to exceed 50 percent of the dollar pilot program. the Secretary of Defense conducts the pilot pro- savings achieved in excess of the objective speci- SEC. 367. REPORT ON EFFORTS TO CONTRACT gram, the Secretary shall select one school of fied in paragraph (1). OUT CERTAIN FUNCTIONS OF DE- the defense dependents’ education system for (3) A specific citation to any provision or law, PARTMENT OF DEFENSE. participation in the program. Under the pilot rule, or regulation that, if not waived, would Not later than March 1, 1996, the Secretary of program, the Secretary shall provide for the op- prohibit the conduct of the program or any part Defense shall submit to Congress a report de- eration of the school by an appropriate private of the program. scribing the advantages and disadvantages of contractor for not less than one complete school (4) The evaluation mechanism required by using contractor personnel, rather than civilian year. subsection (d). employees of the Department of Defense, to per- (c) REPORT.—Not later than 30 days after the (5) A provision for implementing the most suc- form functions of the Department that are not end of the first school year in which the pilot cessful prototype Department-wide, based upon essential to the warfighting mission of the program is conducted, the Secretary of Defense final assessment of results. Armed Forces. The report shall specify all legis- shall submit to Congress a report on the results SEC. 366. PILOT PROGRAM FOR PRIVATE OPER- lative and regulatory impediments to contract- of the program. The report shall include the rec- ATION OF CONSOLIDATED INFORMA- ing those functions for private performance. ommendation of the Secretary with respect to TION TECHNOLOGY FUNCTIONS OF the extent to which other schools of the defense DEPARTMENT OF DEFENSE. SEC. 368. PILOT PROGRAM FOR PRIVATE OPER- ATION OF PAYROLL AND ACCOUNT- dependents’ education system should be oper- (a) PILOT PROGRAM REQUIRED.—(1) The Sec- ated by private contractors. ING FUNCTIONS OF retary of Defense shall enter into discussions NONAPPROPRIATED FUND INSTRU- SEC. 365. PILOT PROGRAM FOR EVALUATION OF with private sector entities for the purpose of is- MENTALITIES. IMPROVED DEFENSE TRAVEL PROC- suing a request for proposal to establish a pilot (a) PILOT PROGRAM REQUIRED; LOCATION.— ESSING PROTOTYPES. program to test and evaluate the cost savings (1) The Secretary of Defense, acting through the (a) PILOT PROGRAM REQUIRED; LOCATION.— and efficiencies of private operation of all infor- Under Secretary of Defense (Comptroller), shall (1) The Secretary of Defense, acting through the mation technology services for the Department enter into discussions with private sector enti- Under Secretary of Defense (Comptroller), shall of Defense currently being consolidated in De- ties for the purpose of issuing a request for pro- conduct a pilot program regarding two proto- fense MegaCenters. The negotiations shall be posal to establish a pilot program to test and type tests of commercial travel applications to conducted so that the request for proposal may evaluate the cost savings and efficiencies of pri- determine the best approach for the Department be issued within 60 days after the date of the en- vate operation of accounting and payroll func- of Defense Travel System. actment of this Act. tion of nonappropriated fund instrumentalities (2) The Secretary shall conduct the pilot pro- (2) The minimum workload to be contracted of the Department of Defense. The negotiations gram at six military installations containing ap- out in the pilot program shall be equivalent to shall be conducted so that the request for pro- proximately equal numbers of members of the the workload of at least three Defense posal may be issued within 60 days after the Armed Forces. Two installations shall be se- MegaCenters. lected from each military department. date of the enactment of this Act. (b) ESTABLISHMENT AND DURATION.—The Sec- (b) DESCRIPTION OF PROTOTYPE TESTS.—The retary of Defense shall implement private oper- (2) The pilot program shall consist of a major two respective tests shall be as follows: ations under the pilot program within one year Department of Defense Nonappropriated Fund (1) In this test, three installations (one for Accounting and Payroll function. each military department), with the Department after the date of the enactment of this Act. The pilot program shall operate for not more than a (b) GOAL OF PROGRAM.—The goal of the pilot of Defense acting as its own integrator, will im- program is to receive proposals from private sec- plement the travel processes proposed by the three-year period after implementation. (c) GOAL OF PROGRAM.—The goal of the pilot tor entities that, if implemented, would reduce task force on travel management chartered by program is to receive proposals from private sec- by at least 25 percent the total costs to the Gov- the Secretary of Defense in July 1994, and will tor entities that, if implemented, would reduce ernment for each pay event. offer specific business opportunities in the serv- operating costs to the Department of Defense for ices areas currently utilized, namely reserva- (c) PLAN OF PROGRAM.—Before conducting the information technology functions by at least 35 tions and credit card technologies. pilot program, the Secretary of Defense shall de- (2) In this test, three installations (one for percent in comparison to annual operating cost velop a plan for the program that addresses the each military department), will contract out as of the date of the enactment of this Act. following: their entire travel process, reserving only essen- (d) PLAN OF PROGRAM.—Before conducting (1) The purposes of the program. tial elements, such as travel authorization, for the pilot program, the Secretary of Defense shall (2) The methodology, duration, and antici- performance by employees of the Department of develop a plan for the program that addresses pated costs of the program, including the cost of Defense. Particular attention will be focused on the following: an arrangement whereby the private contractor the ability of the vendor to integrate all proc- (1) The purposes of the program. would receive the agreed upon contract payment (2) The methodology, duration, and antici- esses into a responsive, reasonably priced, uni- plus an additional negotiated amount not to ex- pated costs of the program, including the cost of form travel system. ceed 50 percent of the dollar savings achieved in an arrangement whereby the private contractor (c) CONDUCT OF TESTS.—The two prototype excess of the goal specified in subsection (b). tests shall be conducted as follows: would receive the agreed upon contract payment plus an additional negotiated amount not to ex- (3) A specific citation to any provisions of (1) Each test must accommodate the guidelines law, rule, or regulation that, if not waived, for travel management issued by the Under Sec- ceed 50 percent of the dollar savings achieved in excess of the goal specified in subsection (c). would prohibit the conduct of the program or retary of Defense (Comptroller). any part of the program. (2) The tests must take no more than 60 days (3) A specific citation to any provisions of to set up and be operational for one year. law, rule, or regulation that, if not waived, (4) An evaluation mechanism for the program. (d) EVALUATION CRITERIA.—The Secretary of would prohibit the conduct of the program or (5) A provision for expanding the program to Defense shall establish evaluation criteria that any part of the program. all accounting and payroll functions of include, at a minimum— (4) An evaluation mechanism for the program. nonappropriated fund instrumentalities of the (1) aligning travel policy and cost estimates (5) A provision for expanding the program to Department of Defense, based upon final assess- with mission at the point of reservation; all information technology functions of the De- ment of the results of the program. H 5814 CONGRESSIONAL RECORD — HOUSE June 13, 1995 Subtitle G—Miscellaneous Reviews, Studies, transfers during the preceding fiscal year from SEC. 374. MODIFICATION OF NOTIFICATION RE- and Reports funds available for the budget activities speci- QUIREMENT REGARDING USE OF fied in subsection (d) (hereinafter in this section CORE LOGISTICS FUNCTIONS WAIV- SEC. 371. QUARTERLY READINESS REPORTS. ER. (a) IN GENERAL.—(1) Chapter 22 of title 10, referred to as ‘covered budget activities’). The report each year shall be submitted not later Section 2464(b) of title 10, United States Code, United States Code, is amended by adding at the is amended by striking out paragraphs (3) and end the following new section: than the date in that year on which the Presi- dent submits the budget for the next fiscal year (4) and inserting in lieu thereof the following ‘‘§ 452. Quarterly readiness reports to Congress pursuant to section 1105 of title 31, new paragraph: ‘‘(a) REQUIREMENT.—Not later than 30 days United States Code. ‘‘(3) A waiver under paragraph (2) may not after the end of each calendar-year quarter, the ‘‘(2) Each such report shall include— take effect until the end of the 30-day period be- Secretary of Defense shall submit to the Commit- ‘‘(A) specific identification of each transfer ginning on the date on which the Secretary sub- tee on Armed Services of the Senate and the during the preceding fiscal year of funds avail- mits a report on the waiver to the Committee on Committee on National Security of the House of able for any covered budget activity, showing Armed Services and the Committee on Appro- Representatives a report on military readiness. the amount of the transfer, the covered budget priations of the Senate and the Committee on The report for any quarter shall be based on as- activity from which the transfer was made, and National Security and the Committee on Appro- sessments that are provided during that quar- the budget activity to which the transfer was priations of the House of Representatives.’’. ter— made; and SEC. 375. LIMITATION ON DEVELOPMENT OR ‘‘(1) to any council, committee, or other body ‘‘(B) with respect to each such transfer, a MODERNIZATION OF AUTOMATED IN- of the Department of Defense (A) that has re- FORMATION SYSTEMS OF DEPART- statement of whether that transfer was made to MENT OF DEFENSE PENDING RE- sponsibility for readiness oversight, and (B) the a budget activity within a different appropria- membership of which includes at least one civil- PORT. tion than the appropriation containing the cov- (a) OBLIGATIONS AND EXPENDITURES SUBJECT ian officer in the Office of the Secretary of De- ered budget activity from which the transfer fense at the level of Assistant Secretary of De- TO REPORT.—Of the amounts appropriated pur- was made or to a budget activity within the suant to the authorization of appropriations in fense or higher; same appropriation. ‘‘(2) by senior civilian and military officers of section 301, the Secretary of Defense may not ‘‘(b) MIDYEAR REPORTS.—On May 1 of each obligate or expend amounts in excess of the military departments and the commanders of year specified in subsection (a), the Secretary of the unified and specified commands; and $2,411,947,000 for the development and mod- Defense shall submit to the congressional de- ernization of automated data processing pro- ‘‘(3) as part of any regularly established proc- fense committees a report providing the same in- ess of periodic readiness reviews for the Depart- grams of the Department of Defense until after formation, with respect to the first six months of the end of the 30-day period beginning on the ment of Defense as a whole. the fiscal year in which the report is submitted, ‘‘(b) MATTERS TO BE INCLUDED.—Each such date on which the Inspector General of the De- that is provided in reports under subsection (a) report— partment of Defense submits to Congress a re- with respect to the preceding fiscal year. ‘‘(1) shall specifically describe identified read- port that— ‘‘(c) MATTERS TO BE INCLUDED.—In each re- iness problems or deficiencies and planned reme- (1) addresses the ongoing concerns about per- port under this section, the Secretary shall in- dial actions; and formance measures and management controls re- clude the following: ‘‘(2) shall include the key indicators and other garding automated information systems; relevant data related to the identified problem ‘‘(1) With respect to each transfer of funds (2) certifies that the Inspector General has area or deficiency. identified in the report, a statement of the spe- completed review of the Base Level System Mod- cific reason for the transfer. ‘‘(c) CLASSIFICATION OF REPORTS.—Reports ernization and the Sustaining Base Information under this section shall be submitted in unclas- ‘‘(2) For each covered budget activity— System; sified form and may, as the Secretary determines ‘‘(A) a statement, for the period covered by (3) certifies that the Inspector General has necessary, also be submitted in classified form.’’. the report, of— completed the tasks identified in the review of (2) The table of sections at the beginning of ‘‘(i) the total amount of transfers into funds Standard Installation/Division Personnel Sys- such chapter is amended by adding at the end available for that activity; tem-3; the following new item: ‘‘(ii) the total amount of transfers from funds (4) provides complete functional economic available for that activity; and ‘‘452. Quarterly readiness reports.’’. analyses for Automated System for Transpor- ‘‘(iii) the net amount of transfers into, or out tation Data, Electronic Data Interchange, Flexi- (b) EFFECTIVE DATE.—Section 452 of title 10, of, funds available for that activity; and ble Computer Integrated Manufacturing, Navy United States Code, as added by subsection (a), ‘‘(B) a detailed explanation of the transfers Tactical Command Support System, and Defense shall take effect with the calendar-year quarter into, and out of, funds available for that activ- Information System Network; during which this Act is enacted. ity during the period covered by the report. (5) contains the resolution of the existing SEC. 372. REPORTS REQUIRED REGARDING EX- ‘‘(d) COVERED BUDGET ACTIVITIES.—The problems with the Defense Information System PENDITURES FOR EMERGENCY AND budget activities to which this section applies Network, Continuous Acquisition and Life-Cycle EXTRAORDINARY EXPENSES. are the following: Support, and the Joint Computer-Aided Acquisi- Subsection (c) of section 127 of title 10, United ‘‘(1) The budget activity groups (known as tion and Logistics Support; States Code, is amended to read as follows: ‘subactivities’) within the Operating Forces (6) provides the necessary waivers regarding ‘‘(c)(1) In any fiscal year in which funds are budget activity of the annual Operation and compelling military value, or provides complete expended under the authority of this section, Maintenance, Army, appropriation that are des- functional economic analyses, regarding Air the Secretary of Defense shall submit a report of ignated as follows: Force Wargaming Center Air Force Command such expenditures on a quarterly basis to the ‘‘(A) Combat Units. Exercise System, Cheyenne Mountain Upgrade, committees specified in paragraph (3). ‘‘(B) Tactical Support. Transportation Coordinator Automated Com- ‘‘(2) An obligation or expenditure in an ‘‘(C) Force-Related Training/Special Activi- mand and Control Information Systems, and amount of $1,000,000 or more may not be made ties. Wing Command and Control System; and under the authority of this section for any sin- ‘‘(D) Depot Maintenance. (7) certifies the termination of the Personnel gle transaction until the Secretary of Defense ‘‘(E) JCS Exercises. Electronic Record Management System or pro- has notified the committees specified in para- ‘‘(2) The budget activity groups (known as vides justification for the continued need for the graph (3). ‘‘(3) The committees referred to in paragraphs ‘subactivities’) within the Operating Forces program. (1) and (2) are— budget activity of the annual Operation and (b) AUTOMATED INFORMATION SYSTEM DE- ‘‘(A) the Committee on Armed Services and the Maintenance, Navy, appropriation that are des- FINED.—For purposes of this section, the term Committee on Appropriations of the Senate; and ignated as follows: ‘‘automated information system’’ means an ‘‘(B) the Committee on National Security and ‘‘(A) Mission and Other Flight Operations. automated information system of the Depart- the Committee on Appropriations of the House ‘‘(B) Mission and Other Ship Operations. ment of Defense subject to section 381 of the Na- of Representatives.’’. ‘‘(C) Fleet Air Training. tional Defense Authorization Act for Fiscal ‘‘(D) Ship Operational Support and Training. Year 1995 (Public Law 103–337; 108 Stat. 2738; 10 SEC. 373. RESTATEMENT OF REQUIREMENT FOR SEMIANNUAL REPORTS TO CON- ‘‘(E) Aircraft Depot Maintenance. U.S.C. 113 note). GRESS ON TRANSFERS FROM HIGH- ‘‘(F) Ship Depot Maintenance. SEC. 376. REPORT REGARDING REDUCTION OF PRIORITY READINESS APPROPRIA- ‘‘(3) The budget activity groups (known as COSTS ASSOCIATED WITH CON- TIONS. ‘subactivities’), or other activity, within the Op- TRACT MANAGEMENT OVERSIGHT. Section 361 of the National Defense Author- erating Forces budget activity of the annual Op- (a) REPORT REQUIRED.—Not later than April ization Act for Fiscal Year 1995 (Public Law eration and Maintenance, Air Force, appropria- 1, 1996, the Comptroller General of the United 103–337; 108 Stat. 2732) is amended to read as tion that are designated or otherwise identified States shall submit to Congress a report identi- follows: as follows: fying methods to reduce the cost to the Depart- ‘‘SEC. 361. SEMIANNUAL REPORTS TO CONGRESS ‘‘(A) Primary Combat Forces. ment of Defense of management oversight of ON TRANSFERS FROM HIGH-PRIOR- ‘‘(B) Primary Combat Weapons. contracts in connection with major defense ac- ITY READINESS APPROPRIATIONS. ‘‘(C) Global and Early Warning. quisition programs. ‘‘(a) ANNUAL REPORTS.—(1) During 1996 and ‘‘(D) Air Operations Training. (b) MAJOR DEFENSE ACQUISITION PROGRAMS 1997, the Secretary of Defense shall submit to ‘‘(E) Depot Maintenance. DEFINED.—For purposes of this section, the term the congressional defense committees a report on ‘‘(F) JCS Exercises.’’. ‘‘major defense acquisition programs’’ has the June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5815 meaning given that term in section 2430(a) of Program shall be paid from nonappropriated and competition for youth and reach as many title 10, United States Code. funds available to the Civilian Marksmanship youth participants as possible. Subtitle H—Other Matters Program. ‘‘(3) Before a person may participate in any ‘‘(d) FUNDING.—(1) Except as provided in sec- activity sponsored or supported by the Civilian SEC. 381. PROHIBITION ON CAPITAL LEASE FOR Marksmanship Program under this subsection, DEFENSE BUSINESS MANAGEMENT tion 4310 of this title, funds appropriated or oth- UNIVERSITY. erwise made available to the Department of De- the person shall be required to certify that the person has not violated any Federal or State None of the funds appropriated to the Depart- fense in appropriation Acts may not be obligated firearms laws. ment of Defense for fiscal year 1996 may be used or expended to benefit the Civilian Marksman- ‘‘(b) SALE AND ISSUANCE OF ARMS AND AMMU- to enter into any lease with respect to the Cen- ship Program or activities conducted by the Ci- vilian Marksmanship Program. NITION.—(1) The Civilian Marksmanship Pro- ter for Financial Management Education and gram may issue, without cost, the arms, ammu- Training of the Defense Business Management ‘‘(2) The National Board and the director may solicit, accept, hold, use, and dispose of, in fur- nition (including caliber .22 and caliber .30 am- University if the lease would be treated as a munition), targets, and other supplies and ap- capital lease for budgetary purposes. therance of the activities of the Civilian Marks- manship Program, donations of money, prop- pliances necessary for activities conducted SEC. 382. AUTHORITY OF INSPECTOR GENERAL erty, and services received by gift, devise, be- under subsection (a). Issuance shall be made OVER INVESTIGATIONS OF PRO- only to gun clubs under the direction of the Na- CUREMENT FRAUD. quest, or otherwise. Donations may be accepted from munitions and firearms manufacturers not- tional Board that provide training in the use of (a) AUTHORITY.—Section 141 of title 10, United rifled arms to youth, the Boy Scouts of America, States Code, is amended by adding at the end withstanding any legal restrictions otherwise arising from their procurement relationships 4–H Clubs, Future Farmers of America, and the following new subsection: other youth-oriented organizations for training ‘‘(c) The Inspector General shall be respon- with the United States. ‘‘(3) Amounts collected under the Civilian and competition. sible for and shall oversee all investigations of ‘‘(2) The Civilian Marksmanship Program may Marksmanship Program, including the proceeds procurement fraud within the Department of sell at fair market value caliber .30 rifles, caliber from the sale of arms, ammunition, targets, and Defense.’’. .22 rifles, and air rifles, and ammunition for other supplies and appliances under section 4308 (b) IMPLEMENTATION.—The Secretary of De- such rifles, to gun clubs that are under the di- of this title, shall be credited to the Civilian fense shall take such action as may be necessary rection of the National Board and provide train- Marksmanship Program and shall be available to implement the amendment made by subsection ing in the use of rifled arms. In lieu of sales, the to carry out the Civilian Marksmanship Pro- (a). Civilian Marksmanship Program may loan such gram. Amounts collected by, and available to, SEC. 383. PROVISION OF EQUIPMENT AND FACILI- rifles to such gun clubs. TIES TO ASSIST IN EMERGENCY RE- the National Board for the Promotion of Rifle ‘‘(3) The Civilian Marksmanship Program may SPONSE ACTIONS. Practice before the date of the enactment of this sell at fair market value small arms, ammuni- Section 372 of title 10, United States Code, is section from rifle sales programs and from fees tion, targets, and other supplies and appliances amended by adding at the end the following in connection with competitions sponsored by necessary for target practice to citizens of the new sentence: ‘‘Assistance provided under this that Board shall be transferred to the National United States over 18 years of age who are mem- section may include training facilities, sensors, Board to be available to carry out the Civilian bers of a gun club under the direction of the Na- protective clothing, antidotes, and other mate- Marksmanship Program. tional Board. rials and expertise of the Department of Defense ‘‘(4) Funds held on behalf of the Civilian ‘‘(4) Before conveying any weapon or ammu- appropriate for use by a Federal, State, or local Marksmanship Program shall not be construed nition to a person, whether by sale or lease, the law enforcement agency in preparing for or re- to be Government or public funds or appro- National Board shall provide for a criminal sponding to an emergency involving chemical or priated funds and shall not be available to sup- records check of the person with appropriate biological agents if the Secretary determines port other nonappropriated fund instrumental- Federal and State law enforcement agencies. that the materials or services to be provided are ities of the Department of Defense. Funds held ‘‘(c) OTHER AUTHORITIES.—The National not reasonably available from another source.’’. on behalf of other nonappropriated fund instru- Board shall provide for— SEC. 384. CONVERSION OF CIVILIAN MARKSMAN- mentalities of the Department of Defense shall ‘‘(1) the procurement of necessary supplies, SHIP PROGRAM TO not be available to support the Civilian Marks- appliances, trophies, prizes, badges, and other NONAPPROPRIATED FUND INSTRU- manship Program. Expenditures on behalf of the insignia, clerical and other services, and labor MENTALITY AND ACTIVITIES UNDER Civilian Marksmanship Program, including to carry out the Civilian Marksmanship Pro- PROGRAM. compensation and benefits for civilian employ- gram; and (a) CONVERSION.—Section 4307 of title 10, ees, may not exceed $5,000,000 during any fiscal ‘‘(2) the transportation of employees, instruc- United States Code, is amended to read as fol- year. The approval of the National Board shall tors, and civilians to give or to receive instruc- lows: be required for any expenditure in excess of tion or to assist or engage in practice in the use ‘‘§ 4307. Promotion of rifle practice and fire- $50,000. Notwithstanding any other provision of of rifled arms, and the transportation and sub- arms safety: administration law, funds held on behalf of the Civilian Marks- sistence, or an allowance instead of subsistence, manship Program shall remain available until ‘‘(a) NONAPPROPRIATED FUND INSTRUMENTAL- of members of teams authorized by the National expended. ITY.—On and after October 1, 1995, the Civilian Board to participate in matches or competitions Marksmanship Program shall be operated as a ‘‘(e) DEFINITIONS.—In this section and sec- in the use of rifled arms. ‘‘(d) FEES.—The National Board may impose nonappropriated fund instrumentality of the tions 4308 through 4313 of this title: ‘‘(1) The term ‘Civilian Marksmanship Pro- reasonable fees for persons and gun clubs par- United States within the Department of Defense gram’ means the rifle practice and firearms safe- ticipating in any program or competition con- for the benefit of members of the armed forces ty program carried out by the National Board ducted under the Civilian Marksmanship Pro- and for the promotion of rifle practice and fire- under section 4308 and includes the National gram for the promotion of rifle practice and fire- arms safety among civilians. Matches and small-arms firing schools referred arms safety among civilians. ‘‘(b) NATIONAL BOARD.—(1) The Civilian ‘‘(e) RECEIPT OF EXCESS ARMS AND AMMUNI- Marksmanship Program shall be under the gen- to in section 4312 of this title. TION.—(1) The Secretary of the Army shall re- eral supervision of a National Board for the ‘‘(2) The term ‘National Board’ means the Na- serve for the Civilian Marksmanship Program Promotion of Rifle Practice and Firearms Safe- tional Board for the Promotion of Rifle Practice all remaining M–1 Garand rifles, and ammuni- ty, which shall replace the National Board for and Firearms Safety.’’. (b) ACTIVITIES.—Section 4308 of such title is tion for such rifles, still held by the Army. After the Promotion of Rifle Practice. The National amended to read as follows: the date of the enactment of this section, the Board shall consist of nine members who are ap- Secretary of the Army shall cease demilitariza- pointed by the Secretary of the Army. ‘‘§ 4308. Promotion of rifle practice and fire- tion of remaining M–1 Garand rifles in the Army ‘‘(2) The term of office of a member of the Na- arms safety: activities inventory unless such rifles are determined to be tional Board shall be two years. However, in the ‘‘(a) INSTRUCTION, SAFETY, AND COMPETITION irreparable by the Defense Logistics Agency. case of the initial National Board, the Secretary PROGRAMS.—(1) The Civilian Marksmanship ‘‘(2) Transfers under this subsection shall be shall appoint four members who will have a one- Program shall provide for— made without cost to the Civilian Marksman- year term. ‘‘(A) the operation and maintenance of indoor ship Program, except that the National Board ‘‘(3) Members of the National Board shall and outdoor rifle ranges and their accessories shall assume the costs of transportation for the serve without compensation, except that mem- and appliances; transferred small arms and ammunition. bers shall be allowed travel expenses, including ‘‘(B) the instruction of citizens of the United ‘‘(f) PARTICIPATION CONDITIONS.—(1) All par- per diem in lieu of subsistence, at rates author- States in marksmanship, and the employment of ticipants in the Civilian Marksmanship Program ized for employees of agencies under subchapter necessary instructors for that purpose; and activities sponsored or supported by the Na- I of chapter 57 of title 5, while away from their ‘‘(C) the promotion of practice in the use of ri- tional Board shall be required, as a condition of homes or regular places of business in the per- fled arms and the maintenance and management participation, to sign affidavits stating that— formance of services for the National Board. of matches or competitions in the use of those ‘‘(A) they have never been convicted of a fire- ‘‘(c) DIRECTOR AND STAFF.—The National arms; and arms violation under State or Federal law; and Board shall appoint a person to serve as director ‘‘(D) the award to competitors of trophies, ‘‘(B) they are not members of any organiza- of the Civilian Marksmanship Program. The prizes, badges, and other insignia. tion which advocates the violent overthrow of compensation and benefits of the director and ‘‘(2) In carrying out this subsection, the Civil- the United States Government. all other civilian employees of the Department ian Marksmanship Program shall give priority ‘‘(2) Any person found to have violated this of Defense used by the Civilian Marksmanship to activities that benefit firearms safety training subsection shall be ineligible to participate in H 5816 CONGRESSIONAL RECORD — HOUSE June 13, 1995 the Civilian Marksmanship Program and future ‘‘§ 2610. Acceptance of monetary awards from serting in lieu thereof ‘‘law enforcement activi- activities sponsored or supported by the Na- competition for excellence ties, including counter-drug activities’’. tional Board.’’. ‘‘(a) ACCEPTANCE AUTHORIZED.—The Sec- SEC. 390. DEVELOPMENT AND IMPLEMENTATION (c) PARTICIPATION OF MEMBERS OF THE retary of Defense may accept any monetary OF INNOVATIVE PROCESSES TO IM- ARMED FORCES IN INSTRUCTION AND COMPETI- award given to the Department of Defense by a PROVE OPERATION AND MAINTE- NANCE. TION.—Section 4310 of such title is amended to nongovernmental entity as an award in com- read as follows: Of the amounts authorized to be appropriated petition recognizing excellence or innovation in under section 301(5), $350,000,000 shall be avail- ‘‘§ 4310. Rifle instruction and competitions: providing services or administering programs. able to the Secretary of Defense for the develop- participation of members ‘‘(b) DISPOSITION OF AWARDS.—(1) Subject to ment or acquisition of information technologies paragraph (2), a monetary award accepted ‘‘(a) PARTICIPATION AUTHORIZED.—The com- and reengineered functional processes, such as under subsection (a) shall be credited to the ap- mander of a major command of the armed forces in the areas of personnel management, finance, propriation supporting the operation of the com- may detail regular or reserve officers and non- and depot-level maintenance, for implementa- mand, installation, or other activity that is rec- commissioned officers under the authority of the tion within the Department of Defense. Before ognized for the award and, in such amount as commander to duty as instructors at rifle ranges obligating or expending funds under this section is provided in advance in appropriation Acts, for training civilians in the safe use of military for an information technology or reengineered shall be available for the same purposes as the arms. The commander of a major command may functional process, the Secretary shall certify to underlying appropriation. detail enlisted members under the authority of Congress that the information technology or ‘‘(2) Subject to such limitations as may be pro- the commander as temporary instructors in the reengineered functional process— vided in appropriation Acts, the Secretary of safe use of the rifle to organized rifle clubs re- (1) demonstrates a rate of return, within three Defense may disburse an amount not to exceed questing that instruction. The commander of a years, of 300 percent compared to the investment 50 percent of the monetary award to persons major command may detail members under the made under this section; or who are responsible for the excellence or inno- authority of the commander to provide other (2) would have a measurable effect upon the vation recognized by the award. A person may logistical and administrative support for com- effectiveness of the readiness of the Armed not receive more than $10,000 under the author- petitions and other activities conducted by the Forces or the operation and management of the ity of this paragraph from any monetary re- Civilian Marksmanship Program. Members of a Department of Defense. ward. reserve component may be detailed only if the SEC. 391. REVIEW OF USE OF DEFENSE LOGISTICS ‘‘(c) INCIDENTAL EXPENSES.—Subject to such AGENCY TO MANAGE INVENTORY service to be provided meets a legitimate training limitations as may be provided in appropriation CONTROL POINTS. need of the members involved. Acts, appropriations available to the Depart- (a) REVIEW OF CONSOLIDATION OF INVENTORY ‘‘(b) COSTS OF PARTICIPATION.—The com- ment of Defense may be used to pay incidental CONTROL POINTS.—The Secretary of Defense mander of a major command of the armed forces expenses incurred to compete in a competition shall conduct a review regarding the consolida- may pay the personnel costs and travel and per described in subsection (a) or to accept a mone- tion under the Defense Logistics Agency of all diem expenses of members of an active or reserve tary award under this section. inventory control points, including the inven- component of the armed forces who participate ‘‘(d) REGULATIONS AND REPORTING.—(1) The tory management and acquisition of depot-level in a competition sponsored by the Civilian Secretary of Defense shall prescribe regulations repairables. Marksmanship Program or who provide instruc- to determine the disposition of any monetary (b) SUBMISSION OF RESULTS.—Not later than tion or other services in support of the Civilian awards accepted under this section and the pay- March 31, 1996, the Secretary shall complete the Marksmanship Program.’’. ment of incidental expenses under subsection review and submit a report to the congressional (d) CONFORMING AMENDMENTS.—(1) Section (c). defense committees describing the results the re- 4312(a) of such title is amended by striking out ‘‘(2) The Secretary of Defense shall submit to view. (c) LIMITATION ON IMPLEMENTATION OF MATE- ‘‘as prescribed by the Secretary of the Army’’ Congress an annual report describing the dis- RIEL MANAGEMENT STANDARD SYSTEM.—Pending and inserting in lieu thereof ‘‘as part of the Ci- position of any monetary awards accepted the submission of the report, the Secretary of vilian Marksmanship Program’’. under this section and the payment of any inci- Defense may not proceed with the implementa- (2) Section 4313 of such title is amended— dental expenses under this subsection (c).’’. tion of the automated data processing program (A) in subsection (a), by striking out ‘‘Sec- (b) CLERICAL AMENDMENT.—The table of sec- of the Department of Defense known as the Ma- retary of the Army’’ both places it appears and tions at the beginning of such chapter is amend- teriel Management Standard System. inserting in lieu thereof ‘‘National Board’’; and ed by adding at the end the following new item: (B) in subsection (b), by striking out ‘‘Appro- SEC. 392. SALE OF 50 PERCENT OF CURRENT WAR ‘‘2610. Acceptance of monetary awards from priated funds available for the Civilian Marks- RESERVE FUEL STOCKS. competition for excellence.’’. manship Program (as defined in section 4308(e) (a) SALE REQUIRED.—Notwithstanding section of this title) may’’ and inserting in lieu thereof SEC. 387. CIVIL RESERVE AIR FLEET. 2390(a) of title 10, United States Code, the Sec- ‘‘Nonappropriated funds available to the Civil- Section 9512 of title 10, United States Code, is retary of Defense shall reduce war reserve fuel stocks of the Department of Defense to a level ian Marksmanship Program shall’’. amended by striking out ‘‘full’’ before ‘‘Civil Re- equal to 50 percent of the level of such stocks on (e) CLERICAL AMENDMENTS.—The table of sec- serve Air Fleet’’ in subsections (b)(2) and (e). January 1, 1995. The Secretary shall achieve the tions at the beginning of chapter 401 of such SEC. 388. PERMANENT AUTHORITY REGARDING reduction through consumption of fuel in the title is amended by striking out the items relat- USE OF PROCEEDS FROM SALE OF Department of Defense and, if necessary, sales ing to sections 4307, 4308, and 4310 and inserting LOST, ABANDONED, AND UNCLAIMED PERSONAL PROPERTY AT CERTAIN of fuel outside the Department to the highest in lieu thereof the following new items: INSTALLATIONS. qualified bidders. ‘‘4307. Promotion of rifle practice and firearms (a) CONVERSION OF EXISTING DEMONSTRATION (b) SUBSEQUENT FUEL PURCHASES.—After the safety: administration. PROJECT.—Section 343 the National Defense Au- date of the enactment of this Act, fuel purchases ‘‘4308. Promotion of rifle practice and firearms thorization Act for Fiscal Years 1992 and 1993 for the Department of Defense shall be made on safety: activities. (Public Law 102–190; 105 Stat. 1343) is amended the basis of the actual fuel needs of the Depart- ‘‘4310. Rifle instruction and competitions: par- by striking out subsections (d) and (e) and in- ment. ticipation of members.’’. serting in lieu thereof the following new sub- (c) REPORT.—Not later than March 1, 1996, the Secretary of Defense shall submit to Con- (f) EFFECTIVE DATE.—The amendments made section: gress a report describing the manner in which by this section shall take effect on October 1, ‘‘(d) APPLICATION OF SPECIAL RULE.—The the reduction of war reserve fuel stocks is to be 1995. special rule provided by subsection (a) shall apply with respect to the disposal under section made and the time period within which the re- SEC. 385. PERSONNEL SERVICES AND LOGISTICAL 2575 of title 10, United States Code, of property duction is to be achieved. SUPPORT FOR CERTAIN ACTIVITIES found on the military installations referred to in (d) SUSPENSION OF REDUCTION; INCREASES.— HELD ON MILITARY INSTALLATIONS. The Secretary of Defense may suspend the re- Section 2544 of title 10, United States Code, is subsection (b).’’. (b) CONFORMING AMENDMENTS.—Subsection duction of war reserve fuel stocks, and in fact amended— (a) of such section is amended— increase such stocks as otherwise authorized by (1) by redesignating subsection (g) as sub- (1) by striking out ‘‘DEMONSTRATION law, in the event of a national emergency or to section (h); and PROJECT’’ in the subsection heading and insert- advance the national security interests of the (2) by inserting after subsection (f) the follow- ing in lieu thereof ‘‘SPECIAL RULE REGARDING United States. ing new subsection: PROCEEDS’’; and SEC. 393. MILITARY CLOTHING SALES STORES, ‘‘(g) In the case of a Boy Scout Jamboree held (2) by striking out ‘‘demonstration project’’ REPLACEMENT SALES. on a United States military installation, the Sec- and inserting in lieu thereof ‘‘permanent pro- (a) IN GENERAL.—(1) Chapter 651 of title 10, retary of Defense may provide personnel services gram’’. United States Code, is amended by adding at the and logistical support at the military installa- end the following new section: tion in addition to the support authorized under SEC. 389. TRANSFER OF EXCESS PERSONAL PROP- ERTY TO SUPPORT LAW ENFORCE- ‘‘§ 7606. Subsistence and other supplies: mem- subsections (a) and (d).’’. MENT ACTIVITIES. bers of armed forces; veterans; executive or SEC. 386. RETENTION OF MONETARY AWARDS. Section 1208(a)(1)(A) of the National Defense military departments and employees; prices (a) MONETARY AWARDS.—Chapter 155 of title Authorization Act for Fiscal Years 1990 and 1991 ‘‘(a) The branch, office, or officer designated 10, United States Code, is amended by adding at (P.L. 101–189; 10 U.S.C. 372 note) is amended by by the Secretary of the Navy shall procure and the end the following new section: striking out ‘‘counter-drug activities’’ and in- sell, for cash or credit— June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5817 ‘‘(1) articles specified by the Secretary of the SEC. 394. ASSISTANCE TO LOCAL EDUCATIONAL (B) by striking out paragraph (3) and insert- Navy or a person designated by the Secretary, to AGENCIES THAT BENEFIT DEPEND- ing in lieu thereof the following new paragraph: members of the Navy and Marine Corps; and ENTS OF MEMBERS OF THE ARMED ‘‘(3) The term ‘State’ does not include Puerto FORCES AND DEPARTMENT OF DE- Rico, Wake Island, Guam, American Samoa, the ‘‘(2) items of individual clothing and equip- FENSE CIVILIAN EMPLOYEES. Northern Mariana Islands, or the Virgin Is- ment to members of the Navy and Marine Corps, (a) CONTINUATION OF DEPARTMENT OF DE- lands.’’. under such restrictions as the Secretary may FENSE PROGRAM.—Of the amounts authorized to prescribe. be appropriated in section 301(5)— SEC. 395. CORE LOGISTICS CAPABILITIES OF THE An account of sales on credit shall be kept and (1) $50,000,000 shall be available for providing DEPARTMENT OF DEFENSE. the amount due reported to any branch office, educational agencies assistance (as defined in (a) IN GENERAL.—Chapter 146 of title 10, Unit- or officer designated by the Secretary. Except subsection (d)(1)) to local educational agencies; ed States Code, is amended by adding at the end for articles and items acquired through the use and the following new section: of working capital funds under section 2208 of (2) $8,000,000 shall be available for making ‘‘§ 2473. Depot-level maintenance and repair this title, sales of articles shall be at cost, and educational agencies payments (as defined in workload sales of individual clothing and equipment shall subsection (d)(2)) to local educational agencies. ‘‘(a) IMPORTANCE OF DEPOT-LEVEL MAINTE- be at average current prices, including over- (b) NOTIFICATION OF AVAILABILITY OF NANCE AND REPAIR CORE CAPABILITIES.—It is es- head, as determined by the Secretary. FUNDS.—Not later than June 30, 1996— sential for the national defense that the United ‘‘(b) The branch, office, or officer designated (1) the Secretary of Defense shall notify each States maintain a core depot-level maintenance by the Secretary shall sell subsistence supplies local educational agency that is eligible for edu- and repair capability (including skilled person- to members of other armed forces at the prices at cational agencies assistance for fiscal year 1996 nel, equipment, and facilities) within facilities which like property is sold to members of the of that agency’s eligibility for such assistance owned and operated by the Department of De- Navy and Marine Corps. and the amount of such assistance for which fense that— that agency is eligible; and ‘‘(1) is of the proper size (A) to ensure a ready ‘‘(c) The branch, office, or officer designated (2) the Secretary of Education shall notify by the Secretary may sell serviceable supplies, and controlled source of technical competence each local educational agency that is eligible for and repair and maintenance capability nec- other than subsistence supplies, to members of an educational agencies payment for fiscal year other armed forces at the prices at which like essary to meet the requirements of the National 1996 of that agency’s eligibility for such pay- Military Strategy and other requirements for re- property is sold to members of the Navy and Ma- ment and the amount of the payment for which rine Corps. sponding to military contingencies, and (B) to that agency is eligible. provide for rapid augmentation in time of emer- ‘‘(d) A person who has been discharged hon- (c) DISBURSEMENT.—The Secretary of Defense gency; and orably or under honorable conditions from the (with respect to funds made available under ‘‘(2) is assigned sufficient workload to ensure Army, Navy, Air Force, or Marine Corps and subsection (a)(1)) and the Secretary of Edu- cost efficiency and proficiency in time of peace. who is receiving care and medical treatment cation (with respect to funds made available ‘‘(b) DETERMINATION OF CORE DEPOT MAINTE- from the Public Health Service or the Depart- under subsection (a)(2)) shall disburse such NANCE ACTIVITIES.—(1) The Secretary of each ment of Veterans Affairs may buy subsistence funds not later than 30 days after the date on military department shall identify those depot- supplies and other supplies, except articles of which notification to the eligible local education level maintenance and repair activities under uniform, at the prices at which like property is agencies is provided pursuant to subsection (b). that Secretary’s jurisdiction that are necessary sold to members of the Navy and Marine Corps. (d) DEFINITIONS.—For purposes of this sec- to ensure for that military department the ‘‘(e) Under such conditions as the Secretary tion: depot-level maintenance and repair capability (1) The term ‘‘educational agencies assist- may prescribe, exterior articles of uniform may described in subsection (a) and as required by ance’’ means assistance authorized under sub- be sold to a person who has been discharged section 2464 of this title. from the Navy or Marine Corps honorably or section (b) of section 386 of the National Defense ‘‘(2) The Secretary of each military depart- under honorable conditions at the prices at Authorization Act for Fiscal Year 1993 (Public ment shall prescribe the procedures to be used to which like articles are sold to members of the Law 102–484; 20 U.S.C. 238 note). quantify the requirements necessary to support (2) The term ‘‘educational agencies payments’’ Navy or Marine Corps. This subsection does not the capability described in subsection (a). means payments authorized under subsection modify section 772 or 773 of this title. ‘‘(c) PERFORMANCE OF WORKLOAD THAT SUP- (d) of that section. ‘‘(f) Under regulations prescribed by the Sec- PORTS DEPOT-LEVEL MAINTENANCE AND REPAIR (e) REDUCTION IN IMPACT THRESHOLD.—Sub- retary, payment for subsistence supplies shall be CORE CAPABILITIES.—The Secretary of each section (c)(1) of section 386 of the National De- made in cash or by commercial credit. military department shall require the perform- fense Authorization Act for Fiscal Year 1993 ance of depot-level maintenance and repair of ‘‘(g) The Secretary may provide for the pro- (Public Law 102–484; 20 U.S.C. 238 note) is activities identified under subsection (b) at or- curement and sale of stores designated by him to amended— such civilian officers and employees of the Unit- (1) by striking out ‘‘30 percent’’ and inserting ganic Department of Defense maintenance de- ed States, and such other persons, as he consid- in lieu thereof ‘‘20 percent’’; and pots at levels sufficient to ensure that the De- ers proper— (2) by striking out ‘‘counted under subsection partment of Defense maintains the core depot- ‘‘(1) at military installations outside the Unit- (a) or (b) of section 3 of the Act of September 30, level maintenance and repair capability de- ed States (provided such sales conform with host 1950 (Public Law 874, Eighty-first Congress; 20 scribed in subsection (a). nation support agreements); and U.S.C. 238)’’. ‘‘(d) INTERSERVICING OF WORKLOAD.—The Secretary of Defense, after consultation with ‘‘(2) at military installations inside the United (f) EXTENSION OF REPORTING REQUIREMENT.— the Secretaries of the military departments, may States where the Secretary determines that it is Subsection (e)(1) of section 386 of the National transfer workload that supports the core capa- impracticable for those civilian officers, employ- Defense Authorization Act for Fiscal Year 1993 bility described in subsection (a) from one mili- ees, and persons to obtain those stores from com- (Public Law 102–484; 20 U.S.C. 238 note) is tary department to another. The Secretary of mercial enterprises without impairing the effi- amended by striking out ‘‘and 1995’’ and insert- Defense shall use merit-based criteria in evalu- cient operation of military activities. ing in lieu thereof ‘‘1995, and 1996’’. ating such transfers. However, sales to such civilian officers and em- (g) TECHNICAL AMENDMENTS TO CORRECT REFERENCES TO REPEALED LAW.—Section 386 of ‘‘(e) SOURCE OF REPAIR FOR OTHER DEPOT- ployees inside the United States may be only to LEVEL WORKLOADS.—In the case of depot-level those who reside within military installations. the National Defense Authorization Act for Fis- cal Year 1993 (Public Law 102–484; 20 U.S.C. 238 maintenance and repair workloads in excess of ‘‘(h) Appropriations for subsistence of the note) is amended— the workload required pursuant to subsection Navy or Marine Corps may be applied to the (1) in subsection (d), by striking out ‘‘under (c) to be performed at organic Department of purchase of subsistence supplies for sale to mem- section 3’’ and all that follows through ‘‘of such Defense depots, the Secretary of Defense, after bers of the Navy and Marine Corps on active subsection that result from’’ and inserting in consultation with the Secretaries of the military duty for the use of themselves and their fami- lieu thereof ‘‘payments under section 8003(e) of departments, may provide for the performance lies.’’. the Elementary and Secondary Education Act of of those workloads through sources selected by (2) The table of sections at the beginning of 1965 (20 U.S.C. 7703(e)) as a result of’’; competition. The Secretary of Defense shall use such chapter is amended by adding at the end (2) in subsection (e)(2)(C), by inserting after competition between private firms and organic the following new item: ‘‘et seq.),’’ the following: ‘‘title VIII of the Ele- Department of Defense depots for any such ‘‘7606. Subsistence and other supplies: members mentary and Secondary Education Act of 1965 workload when the Secretary determines there of armed forces; veterans; execu- (20 U.S.C. 7701 et seq.),’’; are less than two qualified sources of supply tive or military departments and (3) in subsection (e)(2)(D), by striking out among private firms for the performance of that employees; prices.’’. ‘‘under subsections (a) and (b) of section 3 of specific depot-level maintenance workload. such Act (20 U.S.C. 238)’’; and ‘‘(f) DEPOT-LEVEL WORKLOAD COMPETI- (b) CONFORMING AMENDMENTS FOR OTHER (4) in subsection (h)— TIONS.—In any competition under this section ARMED FORCES.—(1) Section 4621(f) of such title (A) in paragraph (1), by striking out ‘‘section for a depot-level workload (whether among pri- is amended by inserting before the period at the 1471(12) of the Elementary and Secondary Edu- vate firms or between Department of Defense ac- end the following: ‘‘or by commercial credit’’. cation Act of 1965 (20 U.S.C. 2891(12))’’ and in- tivities and private firms), bids from any entity (2) Section 9621(f) of such title is amended by serting in lieu thereof ‘‘section 8013(9) of the El- participating in the competition shall accurately inserting before the period at the end the follow- ementary and Secondary Education Act of 1965 disclose all costs properly and consistently de- ing: ‘‘or by commercial credit’’. (20 U.S.C. 7713(9))’’; and rived from accounting systems and practices H 5818 CONGRESSIONAL RECORD — HOUSE June 13, 1995 that comply with laws, policies, and standards ed States Code, that no more than 40 percent of (2) Identification, based on each analysis, of applicable to that entity. In any competition be- the depot-level maintenance and repair work of depot-level maintenance and repair work per- tween Department of Defense activities and pri- the Department of Defense be contracted for formed (or that would be performed) at organic vate firms, the Government calculation for the performance by non-Government personnel. Department of Defense depots and of depot-level cost of performance of the function by Depart- That analysis shall include the following: maintenance and repair work performed (or that ment of Defense civilian employees shall be (A) A description of the effect on military would be performed) by non-Government per- based on an estimate using the most efficient readiness and the national security resulting sonnel. and cost effective manner for performance of from that requirement, including a description (3) Readiness. such function by Department of Defense civilian of any specific difficulties experienced by the (4) The Department of Defense budget. employees. Department of Defense as a result of that re- (5) The depot-level maintenance and repair ‘‘(g) ANNUAL REPORT.—Not later than March quirement. workload distribution, under each analysis, by 1 of each year, the Secretary of Defense shall (B) A determination of the depot-level mainte- direct labor hours performed and by dollars ex- submit to Congress a report specifying depot nance and repair workload of the Department of pended. maintenance core capability requirements deter- Defense allocated for performance by organic (6) Projected level, for each analysis, of Gov- mined in accordance with the procedures estab- Department of Defense depots for any fiscal ernment capital investment in public and pri- lished to comply with subsection (b)(2) and the year during which the requirement has been in vate depot-level maintenance and repair facili- planned amount of workload to be accomplished effect, the percentage of funds for that workload ties. in the organic depots of each military depart- that were obligated to private sector entities, (i) REVIEW BY GAO.—(1) The Comptroller ment in support of those requirements for the shown for each such fiscal year and for the en- General of the United States shall conduct an following fiscal year. The report shall identify tire period during which the requirement has independent audit of the findings of the Sec- the planned amount of workload measured by been in effect. retary of Defense in the report under subsection (2) That analysis shall be made with respect direct labor hours and by amounts expended (e). The Secretary of Defense shall provide to to— and shall be shown separately for each commod- the Comptroller General for such purpose all in- (A) the distribution during the five fiscal formation used by the Secretary in preparing ity group.’’. years ending with fiscal year 1995 of the depot- (b) REPEAL OF 60/40 REQUIREMENT AND RE- such report. level maintenance and repair workload of the (2) Not later than April 1, 1996, the Comptrol- QUIREMENT RELATING TO COMPETITION.—Effec- Department of Defense between organic Depart- tive December 31, 1996— ler General shall submit to the congressional de- ment of Defense depots and non-Government fense committees a report on the analysis by the (1) section 2466 of title 10, United States Code, personnel, measured by direct labor hours and is repealed unless Congress takes further action Comptroller General of the report submitted by by amounts expended, and displayed, for that the Secretary of Defense under this section. regarding such repeal; and five-year period and for each year of that pe- (2) section 2469 of title 10, United States Code, riod, so as to show (for each military depart- TITLE IV—MILITARY PERSONNEL is repealed unless Congress takes further action ment (and separately for the Navy and Marine AUTHORIZATIONS regarding such repeal. Corps)) such distribution for each commodity Subtitle A—Active Forces (c) INTERIM EXCLUSION OF LARGE MAINTE- group (such as naval vessels, aircraft, tracked SEC. 401. END STRENGTHS FOR ACTIVE FORCES. NANCE AND REPAIR PROJECTS FROM 60/40 RE- combat vehicles); and The Armed Forces are authorized strengths QUIREMENT.—Effective on the date of the enact- (B) the projected distribution during the five for active duty personnel as of September 30, ment of this Act, section 2466(d) of title 10, Unit- fiscal years beginning with fiscal year 1996 of 1996 , as follows: ed States Code, is amended— the depot-level maintenance and repair work- (1) The Army, 495,000. (1) by striking out ‘‘EXCEPTION.—’’ and insert- load of the Department of Defense between or- (2) The Navy, 428,000. ing in lieu thereof ‘‘EXCEPTIONS.—(1)’’; and ganic Department of Defense depots and non- (3) The Marine Corps, 174,000. (2) by adding at the end the following new Government personnel, set forth in the same (4) The Air Force, 388,200. paragraph: manner as described in subparagraph (A). SEC. 402. TEMPORARY VARIATIONS IN DOPMA AU- ‘‘(2) If a maintenance or repair project for a (g) CORE WORKLOAD ANALYSIS.—The report THORIZED END STRENGTH LIMITA- single item that is contracted for performance by under subsection (e) shall include an analysis of TIONS FOR ACTIVE DUTY NAVY AND non-Federal Government personnel accounts for the depot-level maintenance and repair work- AIR FORCE OFFICERS IN CERTAIN 5 percent or more of the funds made available in load of the Department of Defense in which the GRADES. a fiscal year to a military department or a De- Secretary uses the capability described in sec- (a) AIR FORCE OFFICERS IN GRADE OF fense Agency for depot-level maintenance and tion 2473(a) of title 10, United States Code, as MAJOR.—Notwithstanding section 523(a)(1) of repair workload, the project and the funds nec- added by subsection (a), as the standard for de- title 10, United States Code, and except as pro- essary for the project shall not be considered termining that portion of such workload that is vided in section 523(c) of such title, of the total when applying the percentage limitation speci- required to be performed in organic Department number of commissioned officers serving on ac- fied in subsection (a) to that military depart- of Defense facilities. That analysis shall be tive duty in the Air Force at the end of any fis- ment or Defense Agency.’’. made with respect to— cal year through fiscal year 1997 (excluding offi- (d) CLERICAL AMENDMENTS.—The table of sec- (1) the distribution that would (using that cers in categories specified in section 523(b) of tions at the beginning of chapter 146 of such standard) have been made during the five fiscal title 10, United States Code), the number of offi- title is amended— years ending with fiscal year 1995 of the depot- cers who may be serving on active duty in the (1) effective December 31, 1996, by striking out level maintenance and repair workload of the grade of major may not, as of the end of such the items relating to sections 2466 and 2469; and Department of Defense between organic Depart- fiscal year, exceed the number determined in ac- (2) by adding at the end the following new ment of Defense depots and non-Government cordance with the following table: item: personnel, measured by direct labor hours and by amounts expended, and displayed, for that ‘‘2473. Depot-level maintenance and repair Total number of Air five-year period and for each year of that pe- Number workload.’’. Force commissioned of officers riod, so as to show (for each military depart- officers (excluding who may (e) REPORT ON DEPOT-LEVEL MAINTENANCE officers in cat- ment (and separately for the Navy and Marine egories specified in be serving AND REPAIR WORKLOAD.—Not later than March Corps)) such distribution for each commodity section 523(b) of on active 1, 1996, the Secretary of Defense shall submit to duty in group (such as naval vessels, aircraft, tracked title 10, United grade of Congress a report on the depot-level mainte- States Code) on ac- combat vehicles); and tive duty major nance and repair workload of the Department of (2) the projected distribution (using that Defense. The report shall include the following: standard) during the five fiscal years beginning 70,000 ...... 14,612 (1) The analysis required by subsection (f) of with fiscal year 1996 of the depot-level mainte- 75,000 ...... 15,407 the effect on that workload of the so-called 60/ nance and repair workload of the Department of 80,000 ...... 16,202 40 requirement. Defense between organic Department of Defense 85,000 ...... 16,997 (2) The analysis required by subsection (g) of depots and non-Government personnel, set forth 90,000 ...... 17,792 95,000 ...... 18,587 the projected effect on that workload using a in the same manner as described in paragraph definition of core capability consistent with the 100,000 ...... 19,382 (1). 105,000 ...... 20,177 description in section 2473(a) of title 10, United (h) COMPARISON.—The report under sub- 110,000 ...... 20,971 States Code, as added by subsection (a). section (e) shall include a comparison of the re- 115,000 ...... 21,766 (3) The comparison of those analyses required sults of the analysis of the depot-level mainte- 120,000 ...... 22,561 by subsection (h). nance and repair workload of the Department of 125,000 ...... 23,356 (4) Identification and analysis of significant Defense under subsection (f) with the results of issues that arise if organic Department of De- the analysis of that workload under subsection (b) NAVY OFFICERS IN GRADES OF LIEUTENANT fense depots are allowed to participate in a full (g). The comparison shall include a comparison COMMANDER, COMMANDER, AND CAPTAIN.—Not- and open competition with private firms for re- of the two analyses by service and commodity withstanding section 523(a)(2) of title 10, United pair workloads in excess of work that supports group with respect to each of the following: States Code, and except as provided in section core capabilities. (1) Identification, based on each analysis, of 523(c) of such title, of the total number of com- (f) 60/40 REQUIREMENT.—(1) The report under core workloads and of the capabilities and missioned officers serving on active duty in the subsection (e) shall include an analysis of the equipment needed to perform depot-level mainte- Navy at the end of any fiscal year through fis- requirement under section 2466 of title 10, Unit- nance and repair for those core workloads. cal year 1997 (excluding officers in categories June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5819 specified in section 523(b) of title 10, United SEC. 413. COUNTING OF CERTAIN ACTIVE COMPO- under this section in order to prevent a personal States Code), the number of officers who may be NENT PERSONNEL ASSIGNED IN hardship to the officer or for other humani- serving on active duty in each of the grades of SUPPORT OF RESERVE COMPONENT tarian reasons.’’. TRAINING. lieutenant commander, commander, and captain (b) SELECTIVE EARLY RETIREMENT OF ACTIVE- may not, as of the end of such fiscal year, ex- Section 414(c) of the National Defense Author- DUTY OFFICERS.—Section 638(b) of title 10, Unit- ceed a number determined in accordance with ization Act for Fiscal Years 1992 and 1993 (Pub- ed States Code, is amended by adding at the end the following table: lic Law 102–190; 10 U.S.C. 12001 note) is amend- the following new paragraph: ed— ‘‘(3) The Secretary concerned may defer for (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; Total number of Number of officers who may be not more than 90 days the retirement of an offi- Navy commissioned serving on active duty in grade and cer otherwise approved for early retirement officers (excluding of (2) by adding at the end the following new under this section or section 638a of this title in officers in cat- paragraph: egories specified in order to prevent a personal hardship to the offi- ‘‘(2) The Secretary of Defense may count to- section 523(b) of Lieuten- Com- cer or for other humanitarian reasons.’’. title 10, United ant Com- mander Captain ward the number of active component personnel States Code) on ac- mander required under paragraph (1) to be assigned to Subtitle B—Matters Relating to Reserve tive duty serve as advisers under the program under this Components 45,000 ...... 10,034 6,498 2,801 section any active component personnel who are SEC. 511. MILITARY TECHNICIAN FULL-TIME SUP- 48,000 ...... 10,475 6,706 2,902 assigned to an active component unit (A) that PORT PROGRAM FOR ARMY AND AIR 51,000 ...... 10,916 6,912 3,002 was established principally for the purpose of FORCE RESERVE COMPONENTS. 54,000 ...... 11,357 7,120 3,103 providing dedicated training support to reserve (a) REQUIREMENT OF ANNUAL AUTHORIZATION 57,000 ...... 11,798 7,328 3,204 component units, and (B) the primary mission of OF END STRENGTH.—(1) Section 115 of title 10, 60,000 ...... 12,239 7,535 3,305 United States Code, is amended by adding at the 63,000 ...... 12,680 7,742 3,406 which is to provide such dedicated training sup- port.’’. end the following new subsection: 66,000 ...... 13,121 7,949 3,506 ‘‘(g) Congress shall authorize for each fiscal 70,000 ...... 13,709 8,226 3,641 Subtitle C—Military Training Student Loads year the end strength for military technicians 90,000 ...... 16,649 9,608 4,313 SEC. 421. AUTHORIZATION OF TRAINING STU- for each reserve component of the Army and Air DENT LOADS. Force. Funds available to the Department of De- Subtitle B—Reserve Forces (a) IN GENERAL.—For fiscal year 1996, the fense for any fiscal year may not be used for the SEC. 411. END STRENGTHS FOR SELECTED RE- components of the Armed Forces are authorized pay of a military technician during that fiscal SERVE. average military training loads as follows: year unless the technician fills a position that is (a) IN GENERAL.—The Armed Forces are au- (1) The Army, 75,013. within the number of such positions authorized thorized strengths for Selected Reserve person- (2) The Navy, 44,238. by law for that fiscal year for the reserve com- nel of the reserve components as of September (3) The Marine Corps, 26,095. ponent of that technician. This subsection ap- 30, 1996, as follows: (4) The Air Force, 33,232. plies without regard to section 129 of this title.’’. (1) The Army National Guard of the United (b) SCOPE.—The average military training stu- (2) The amendment made by paragraph (1) States, 373,000. dent loads authorized for an armed force under does not apply with respect to fiscal year 1995. (2) The Army Reserve, 230,000. subsection (a) apply to the active and reserve (b) AUTHORIZATION FOR FISCAL YEARS 1996 (3) The Naval Reserve, 98,608. components of that armed force. AND 1997.—For each of fiscal years 1996 and (4) The Marine Corps Reserve, 42,000. (c) ADJUSTMENTS.—The average military stu- 1997, the number of military technicians, as of (5) The Air National Guard of the United dent loads authorized in subsection (a) shall be the last day of that fiscal year, for the Army States, 109,458. adjusted consistent with the end strengths au- and the Air Force (notwithstanding section 129 (6) The Air Force Reserve, 73,969. thorized in subtitles A and B. The Secretary of of title 10, United States Code) may not exceed (7) The Coast Guard Reserve, 8,000. Defense shall prescribe the manner in which the following: (b) WAIVER AUTHORITY.—The Secretary of De- such adjustments shall be apportioned. (1) Army National Guard, 25,500. fense may vary the end strength authorized by Subtitle D—Authorization of Appropriations (2) Army Reserve, 6,630. subsection (a) by not more than 2 percent. (3) Air National Guard, 22,906. SEC. 431. AUTHORIZATION OF APPROPRIATIONS (4) Air Force Reserve, 9,802. (c) ADJUSTMENTS.—The end strengths pre- FOR MILITARY PERSONNEL. (c) ADMINISTRATION OF MILITARY TECHNICIAN scribed by subsection (a) for the Selected Re- There is hereby authorized to be appropriated PROGRAM.—(1) Chapter 1007 of title 10, United serve of any reserve component shall be propor- to the Department of Defense for military per- tionately reduced by— States Code, is amended by adding at the end sonnel for fiscal year 1996 a total of the following new section: (1) the total authorized strength of units orga- $68,951,663,000. The authorization in the preced- nized to serve as units of the Selected Reserve of ing sentence supersedes any other authorization ‘‘§ 10216. Military technicians such component which are on active duty (other of appropriations (definite or indefinite) for ‘‘(a) PRIORITY FOR MANAGEMENT OF MILITARY than for training) at the end of the fiscal year, such purpose for fiscal year 1996. TECHNICIANS.—(1) As a basis for making the an- and SEC. 432. AUTHORIZATION FOR INCREASE IN AC- nual request to Congress pursuant to section 115 (2) the total number of individual members not TIVE-DUTY END STRENGTHS. of this title for authorization of end strengths in units organized to serve as units of the Se- (a) AUTHORIZATION.—There is hereby author- for military technicians of the Army and Air lected Reserve of such component who are on ized to be appropriated to the Department of De- Force reserve components, the Secretary of De- active duty (other than for training or for un- fense for fiscal year 1996 for military personnel fense shall give priority to supporting author- satisfactory participation in training) without the sum of $112,000,000. Any amount appro- izations for dual status military technicians in their consent at the end of the fiscal year. priated pursuant to this section shall be allo- the following high-priority units and organiza- Whenever such units or such individual mem- cated, in such manner as the Secretary of De- tions: bers are released from active duty during any fense prescribes, among appropriations for ac- ‘‘(A) Units of the Selected Reserve that are fiscal year, the end strength prescribed for such tive-component military personnel for that fiscal scheduled to deploy no later than 90 days after fiscal year for the Selected Reserve of such re- year and shall be available only to increase the mobilization. serve component shall be proportionately in- number of members of the Armed Forces on ac- ‘‘(B) Units of the Selected Reserve that are or creased by the total authorized strengths of tive duty during that fiscal year (compared to will deploy to relieve active duty peacetime op- such units and by the total number of such indi- the number of members that would be on active erations tempo. vidual members. duty but for such appropriation). ‘‘(C) Those organizations with the primary SEC. 412. END STRENGTHS FOR RESERVES ON AC- (b) EFFECT ON END STRENGTHS.—The end- mission of providing direct support surface and TIVE DUTY IN SUPPORT OF THE RE- strength authorizations in section 401 shall each aviation maintenance for the reserve compo- SERVES. be deemed to be increased by such number as nents of the Army and Air Force, to the extent Within the end strengths prescribed in section necessary to take account of additional members that the military technicians in such units 411(a), the reserve components of the Armed of the Armed Forces authorized by the Secretary would mobilize and deploy in a skill that is com- Forces are authorized, as of September 30, 1996 of Defense pursuant to subsection (a). patible with their civilian position skill. , the following number of Reserves to be serving ‘‘(2) For each fiscal year, the Secretary of De- on full-time active duty or full-time duty, in the TITLE V—MILITARY PERSONNEL POLICY fense shall, for the high-priority units and orga- case of members of the National Guard, for the Subtitle A—Officer Personnel Policy nizations referred to in paragraph (1), achieve a purpose of organizing, administering, recruiting, SEC. 501. AUTHORITY TO EXTEND TRANSITION programmed manning level for military techni- instructing, or training the reserve components: PERIOD FOR OFFICERS SELECTED cians that is not less than 90 percent of the pro- (1) The Army National Guard of the United FOR EARLY RETIREMENT. grammed manpower structure for those units States, 23,390. (a) SELECTIVE RETIREMENT OF WARRANT OFFI- and organizations for military technicians for (2) The Army Reserve, 11,575. CERS.—Section 581 of title 10, United States that fiscal year. (3) The Naval Reserve, 17,490. Code, is amended by adding at the end the fol- ‘‘(3) For each fiscal year, the Secretary of De- (4) The Marine Corps Reserve, 2,285. lowing new subsection: fense shall, for reserve component management (5) The Air National Guard of the United ‘‘(e) The Secretary concerned may defer for headquarters organizations (including national States, 9,817. not more than 90 days the retirement of an offi- and State-level National Guard headquarters, in (6) The Air Force Reserve, 628. cer otherwise approved for early retirement United States Property and Fiscal Offices, and H 5820 CONGRESSIONAL RECORD — HOUSE June 13, 1995 in similar management-level headquarters in the who are not themselves members of a reserve respect to officers of the Army National Guard Army and Air Force Reserve), achieve a pro- component (so-called ‘single-status’ techni- in units not subject to subsection (a) as of the grammed manning level for military technicians cians), with a further display of such numbers date of the enactment of the National Defense that is not more than 70 percent of the pro- as specified in paragraph (2).’’. Authorization Act for Fiscal Year 1996, at the grammed manpower structure for those organi- SEC. 512. MILITARY LEAVE FOR MILITARY RE- end of the 90-day period beginning on such date zations for military technicians for that fiscal SERVE TECHNICIANS FOR CERTAIN of enactment.’’. year. DUTY OVERSEAS. (d) INITIAL ENTRY TRAINING AND ‘‘(4) Military technician authorizations and Section 6323 of title 5, United States Code is NONDEPLOYABLE PERSONNEL.—Section 1115 of personnel in high-priority units and organiza- amended by adding at the end the following such Act (106 Stat. 2538) is amended— tions specified in paragraph (1) shall be exempt new subsection: (1) in subsections (a) and (b), by striking out from any requirement (imposed by law or other- ‘‘(d)(1) A military reserve technician described ‘‘National Guard’’ each place it appears and in- wise) for reductions in Department of Defense in section 8401(30) is entitled at such person’s re- serting in lieu thereof ‘‘Selected Reserve’’; and civilian personnel and shall only be reduced as quest to leave without loss of, or reduction in, part of military force structure reductions. pay, leave to which such person is otherwise en- (2) in subsection (c)— Planned reductions in Department of Defense titled, credit for time or service, or performance (A) by striking out ‘‘a member of the Army civilian personnel that would apply to such or efficiency rating for each day, not to exceed National Guard enters the National Guard’’ and technician authorizations and personnel but for 44 workdays in a calendar year, in which such inserting in lieu thereof ‘‘a member of the Army this paragraph shall be reallocated by the Sec- person is on active duty without pay, as author- Selected Reserve enters the Army Selected Re- retary of Defense on a proportional basis ized pursuant to section 12315 of title 10, under serve’’; and throughout the Department of Defense, with an section 12301(b) or 12301(d) of title 10 (other (B) by striking out ‘‘from the Army National emphasis on reducing headquarters personnel. than active duty during a war or national emer- Guard’’. ‘‘(b) DUAL-STATUS REQUIREMENT.—The Sec- gency declared by the President or Congress) for (e) ACCOUNTING OF MEMBERS WHO FAIL PHYS- retary of Defense shall require the Secretary of participation in noncombat operations outside ICAL DEPLOYABILITY STANDARDS.—Section 1116 the Army and the Secretary of the Air Force to the United States, its territories and possessions. of such Act (106 Stat. 2539) is amended by strik- establish as a condition of employment for each ‘‘(2) An employee who requests annual leave ing out ‘‘National Guard’’ each place it appears individual who is hired after the date of the en- or compensatory time to which the employee is and inserting in lieu thereof ‘‘Selected Reserve’’. actment of this section as a military technician otherwise entitled, for a period during which that the individual maintain membership in the the employee would have been entitled upon re- (f) USE OF COMBAT SIMULATORS.—Section 1120 Selected Reserve (so as to be a so-called ‘dual- quest to leave under this subsection, may be of such Act (106 Stat. 2539) is amended by insert- status’ technician) and shall require that the ci- granted such annual leave or compensatory time ing ‘‘and the Army Reserve’’ before the period vilian and military position skill requirements of without regard to this section or section 5519.’’. at the end. dual-status military technicians be compatible. SEC. 513. REVISIONS TO ARMY GUARD COMBAT SEC. 514. ROTC SCHOLARSHIPS FOR THE NA- No Department of Defense funds may be spent REFORM INITIATIVE TO INCLUDE TIONAL GUARD. for compensation for any military technician ARMY RESERVE UNDER CERTAIN (a) CLARIFICATION OF RESTRICTION ON ACTIVE PROVISIONS AND MAKE CERTAIN RE- hired after the date of the enactment of this sec- DUTY.—Paragraph (2) of section 2107(h) of title VISIONS. tion who is not a member of the Selected Re- 10, United States Code, is amended by inserting (a) PRIOR ACTIVE DUTY PERSONNEL.—Section serve, except that compensation may be paid for ‘‘full-time’’ before ‘‘active duty’’ in the second 1111 of the Army National Guard Combat Readi- up to six months following loss of membership in sentence. the selected reserve if such loss of membership ness Reform Act of 1992 (title XI of Public Law (b) REDESIGNATION OF ROTC SCHOLARSHIPS.— was not due to the failure to meet military 102–484) is amended— (1) in the section heading, by striking out the Such paragraph is further amended by inserting standards.’’. after the first sentence the following new sen- (2) The table of sections at the beginning of first three words; tence: ‘‘A cadet designated under this para- such chapter is amended by adding at the end (2) by striking out subsections (a) and (b) and graph who, having initially contracted for serv- the following new item: inserting in lieu thereof the following: ice as provided in subsection (b)(5)(A) and hav- ‘‘10216. Military technicians.’’. ‘‘(a) ADDITIONAL PRIOR ACTIVE DUTY OFFI- CERS.—The Secretary of the Army shall increase ing received financial assistance for two years (d) REVIEW OF RESERVE COMPONENT MANAGE- the number of qualified prior active-duty offi- under an award providing for four years of fi- MENT HEADQUARTERS.—(1) The Secretary of De- cers in the Army National Guard by providing a nancial assistance under this section, modifies fense shall, within six months after the date of program that permits the separation of officers such contract with the consent of the Secretary the enactment of this Act, undertake steps to re- on active duty with at least two, but less than of the Army to provide for service as described duce, consolidate, and streamline management three, years of active service upon condition in subsection (b)(5)(B), may be counted, for the headquarters operations of the reserve compo- that the officer is accepted for appointment in year in which the contract is modified, toward nents. As part of those steps, the Secretary shall the Army National Guard. The Secretary shall the number of appointments required under the identify those military technicians positions in have a goal of having not fewer than 150 offi- preceding sentence for financial assistance such headquarters operations that are excess to cers become members of the Army National awarded for a period of four years.’’. the requirements of those headquarters. Guard each year under this section. (2) Of the military technicians positions that SEC. 515. REPORT ON FEASIBILITY OF PROVIDING ‘‘(b) ADDITIONAL PRIOR ACTIVE DUTY EN- EDUCATION BENEFITS PROTECTION are identified under paragraph (1), the Sec- LISTED MEMBERS.—The Secretary of the Army INSURANCE FOR SERVICE ACADEMY retary shall reallocate up to 95 percent of those shall increase the number of qualified prior ac- AND ROTC SCHOLARSHIP STUDENTS positions to the high-priority units and activi- tive-duty enlisted members in the Army National WHO BECOME MEDICALLY UNABLE ties specified in section 10216(a) of title 10, Unit- TO SERVE. Guard through the use of enlistments as de- ed States Code, as added by subsection (c). scribed in section 8020 of the Department of De- Not later than June 30, 1996, the Secretary of (e) ANNUAL DEFENSE MANPOWER REQUIRE- fense Appropriations Act, 1994 (Public Law 103– Defense shall submit to Congress a report on the MENTS REPORT.—Section 115a of title 10, United desirability and the feasibility of the establish- States Code, is amended by adding at the end 139). The Secretary shall enlist not fewer than 1,000 new enlisted members each year under en- ment of an insurance program, to operate at no the following new subsection: cost to the Government, to insure individuals ‘‘(h) In each such report, the Secretary shall listments described in that section.’’; and who are cadets or midshipmen at one of the include a separate report on the Army and Air (3) by striking out subsections (d) and (e). service academies or who hold Reserve Officer Force military technician programs. The report (b) SERVICE IN THE SELECTED RESERVE IN LIEU Training Corps scholarships under section 2107 shall include a presentation, shown by reserve OF ACTIVE DUTY SERVICE FOR ROTC GRAD- or 2107a of title 10, United States Code, against component and shown both as of the end of the UATES.—Section 1112(b) of such Act (106 Stat. the loss of the value of attendance at such serv- preceding fiscal year and for the next fiscal 2537) is amended by striking out ‘‘National ice academy (in terms of the cost of education at year, of the following: Guard’’ before the period at the end and insert- ‘‘(1) The number of military technicians re- ing in lieu thereof ‘‘Selected Reserve’’. another institution), or the value of the scholar- quired to be employed (as specified in accord- (c) REVIEW OF OFFICER PROMOTIONS.—Section ship, in cases in which such attendance or such ance with Department of Defense procedures), 1113 of such Act (106 Stat. 2537) is amended— scholarship is terminated by the Secretary of the the number authorized to be employed under (1) in subsection (a), by striking out ‘‘National military department concerned because the indi- Department of Defense personnel procedures, Guard’’ both places it appears and inserting in vidual has become, through no fault of the indi- and the number actually employed. lieu thereof ‘‘Selected Reserve’’; vidual, medically disqualified from military ‘‘(2) Within each of the numbers under para- (2) by striking out subsection (b) and inserting service. graph (1)— in lieu thereof the following: SEC. 516. ACTIVE DUTY OFFICERS DETAILED TO ‘‘(A) the number applicable to a reserve com- ‘‘(b) COVERAGE OF SELECTED RESERVE COM- ROTC DUTY AT SENIOR MILITARY ponent management headquarter organization; BAT AND EARLY DEPLOYING UNITS.—(1) Sub- COLLEGES TO SERVE AS COM- and section (a) applies to officers in all units of the MANDANT AND ASSISTANT COM- ‘‘(B) the number applicable to high-priority Selected Reserve that are designated as combat MANDANT OF CADETS AND AS TAC- units and organizations (as specified in section units or that are designated for deployment TICAL OFFICERS. 10216(a) of this title). within 75 days of mobilization. (a) IN GENERAL.—Chapter 103 of title 10, Unit- ‘‘(3) Within each of the numbers under para- ‘‘(2) Subsection (a) shall take effect with re- ed States Code, is amended by adding at the end graph (1), the numbers of military technicians spect to officers of the Army Reserve, and with the following new section: June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5821 ‘‘§ 2111a. Detail of officers to senior military emergency as declared by the President or Con- mulate in accordance with the provisions of sec- colleges gress. tion 12526 of this title. ‘‘(a) DETAIL OF OFFICERS TO SERVE AS COM- ‘‘(2) The term ‘covered member’ means a mem- ‘‘(2) At the beginning of each fiscal year, the MANDANT OR ASSISTANT COMMANDANT OF CA- ber of the Ready Reserve who is eligible for and Secretary shall determine the sum of the follow- DETS.—(1) Upon the request of a senior military who has not declined coverage under this chap- ing: college, the Secretary of Defense shall detail an ter. ‘‘(A) The projected amount of the premiums to officer on the active-duty list to serve as Com- ‘‘(3) The term ‘Secretary’ means the Secretary be collected, investment earnings, and any spe- mandant of Cadets at that college or (in the of Defense. cial appropriations received for that fiscal year. ‘‘(4) The term ‘Department’ means the Depart- case of a college with an Assistant Commandant ‘‘(B) The amount for that year of any cumu- ment of Defense. of Cadets) detail an officer on the active-duty lative unfunded liability (including any nega- ‘‘(5) The term ‘Board’ means the Board of Ac- list to serve as Assistant Commandant of Cadets tive amount or any gain to the Fund) resulting tuaries established under section 2006(e)(1) of at that college (but not both). from payments of benefits. this title. ‘‘(C) The amount for that year (including any ‘‘(2) In the case of an officer detailed as Com- ‘‘(6) The term ‘Fund’ means the Department mandant of Cadets, the officer may, upon the negative amount) of any cumulative actuarial of Defense Ready Reserve Income Insurance gain or loss to the Fund. request of the college, be assigned from among Fund. the Professor of Military Science, the Professor ‘‘(f) INVESTMENT OF ASSETS OF FUND.—The of Naval Science (if any), and the Professor of ‘‘§ 12522. Establishment and purpose of pro- Secretary of the Treasury shall invest such por- Aerospace Science (if any) at that college or gram tion of the Fund as is not in the judgment of the may be in addition to any other officer detailed ‘‘(a) ESTABLISHMENT.—There is established an Secretary of Defense required to meet current li- to that college in support of the program. insurance program for members of the Ready abilities. Such investments shall be in public ‘‘(3) In the case of an officer detailed as As- Reserve to be known as the Department of De- debt securities with maturities suitable to the sistant Commandant of Cadets, the officer may, fense Ready Reserve Income Insurance Program needs of the Fund, as determined by the Sec- upon the request of the college, be assigned from which shall be administered by the Secretary. retary of Defense, and bearing interest at rates among officers otherwise detailed to duty at There is also established on the books of the determined by the Secretary of the Treasury, that college in support of the program or may be Treasury a fund to be known as the Department taking into consideration current market yields in addition to any other officer detailed to that of Defense Ready Reserve Income Insurance on outstanding marketable obligations of the college in support of the program. Fund, which shall be administered by the Sec- United States of comparable maturities. The in- ‘‘(b) DESIGNATION OF OFFICERS AS TACTICAL retary of the Treasury. The Fund shall be used come on such investments shall be credited to OFFICERS.—Upon the request of a senior mili- for the accumulation of funds in order to fi- and form a part of the Fund. tary college, the Secretary of Defense shall au- nance on an actuarially sound basis liabilities ‘‘§ 12523. Program administration thorize officers (other than officers covered by of the Program. ‘‘The insurance program provided for in this ‘‘(b) ASSETS OF FUND.—There shall be depos- subsection (a)) who are detailed to duty as in- chapter shall be administered by the Secretary, ited into the Fund the following, which shall structors at that college to act simultaneously as who is authorized to adopt such rules, proce- constitute the assets of the Fund: tactical officers (with or without compensation) dures, and policies as in the Secretary’s judg- ‘‘(1) Amounts paid into the Fund under sec- for the Corps of Cadets at that college. ment may be necessary or appropriate to carry ‘‘(c) DETAIL OF OFFICERS.—The Secretary of a tions 12526 and 12528 of this title. ‘‘(2) Any amount appropriated to the Fund. out the purposes of this chapter. military department shall designate officers for ‘‘(3) Any return on investment of the assets of ‘‘§ 12524. Eligible insurance companies detail to the program at a senior military college the Fund. in accordance with criteria provided by the col- ‘‘(a) The Secretary may, without regard to ‘‘(c) BOARD OF ACTUARIES.—The Department lege. An officer may not be detailed to a senior section 3709 of the Revised Statutes (41 U.S.C. of Defense Education Benefits Fund Board of 5), purchase from one or more insurance compa- military college without the approval of that Actuaries shall have the actuarial responsibility college. nies a policy or policies of group insurance to for the Program. offer benefits to all members. Each such insur- ‘‘(d) SENIOR MILITARY COLLEGES.—The senior ‘‘(d) DETERMINATION OF CONTRIBUTIONS TO military colleges are the following: ance company shall (1) be licensed to issue in- THE FUND.—(1) Not later than six months after surance in each of the 50 States and in the Dis- ‘‘(1) Texas A&M University. the Program is established, the Board shall de- ‘‘(2) Norwich College. trict of Columbia, and (2) as of the most recent termine (project) the premium rate for the cov- December 31 for which information is available ‘‘(3) The Virginia Military Institute. erage to be offered. ‘‘(4) The Citadel. to the Secretary, have in effect at least 1 percent ‘‘(2) If at the time of any such valuation there of the total amount of insurance which all such ‘‘(5) Virginia Polytechnic Institute and State has been a change in benefits under the Pro- University. insurance companies have in effect in the Unit- gram that has been made since the last such ed States. ‘‘(6) North Georgia College.’’. valuation and such change in benefits increases (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(b) Any insurance company which issues a or decreases the present value of amounts pay- policy under subsection (a) shall establish an tions at the beginning of such chapter is amend- able from the Fund, the Board shall determine ed by adding at the end the following new item: administrative office at a place and under a a premium rate methodology and schedule for name designated by the Secretary. ‘‘2111a. Detail of officers to senior military col- the liquidation of any liability (or actuarial ‘‘(c) The Secretary may use the facilities and leges.’’. gain to the Fund) created by such change and services of any insurance company issuing any SEC. 517. MOBILIZATION INCOME INSURANCE any previous such changes so that the present policy under this chapter and may designate PROGRAM FOR MEMBERS OF READY value of the sum of the scheduled premium pay- one such company as the representative of the RESERVE. ments (or reduction in payments that would other companies and contract to pay a reason- (a) ESTABLISHMENT OF PROGRAM.—(1) Subtitle otherwise be made) equals the cumulative in- able fee to the designated company for its serv- E of title 10, United States Code, is amended by crease (or decrease) in the present value of such ices. inserting after chapter 1213 the following new benefits. ‘‘(d) The Secretary shall arrange with the in- chapter: ‘‘(3) If at the time of any such valuation the surance company issuing any policy under this ‘‘CHAPTER 1214—READY RESERVE INCOME Board determines that, based upon changes in chapter to reinsure, under conditions approved INSURANCE actuarial assumptions since the last valuation, by the Secretary, portions of the total amount of ‘‘Sec. there has been an actuarial gain or loss to the insurance under such policy or policies with ‘‘12521. Definitions. Fund, the Board shall recommend a premium such other insurance companies (which meet ‘‘12522. Establishment and purpose of program. rate schedule for the amortization of the cumu- qualifying criteria set forth by the Secretary) as ‘‘12523. Program administration. lative gain or loss to the Fund created by such may elect to participate in such reinsurance. ‘‘12524. Eligible insurance companies. change in assumptions and any previous such ‘‘(e) The Secretary may at any time dis- ‘‘12525. Persons insured; amount. changes in assumptions through an increase or continue any policy purchased under this sec- ‘‘12526. Deductions; payment. decrease in the payments that would otherwise tion. be made to the Fund. ‘‘12527. Payment of insurance; beneficiaries. ‘‘§ 12525. Persons insured; amount ‘‘12528. Premiums; accounting to the Secretary. ‘‘(4) If at any time liabilities exceed assets of ‘‘(a)(1) Any policy of insurance provided ‘‘12529. Forfeiture. the Fund as a result of a call up, and funds are unavailable to pay benefits, the Secretary shall under this chapter shall insure each covered ‘‘§ 12521. Definitions seek a special appropriation to cover the un- member of the Ready Reserve against covered ‘‘In this chapter: funded liability. If appropriations are not made, service. Any covered member ordered into cov- ‘‘(1) The term ‘covered service’ means active in any fiscal year, the Secretary shall limit the ered service shall be entitled to payment of a duty in the armed forces performed by a member value of any benefits conferred by this program basic benefit of $1,000 for each month of covered of a reserve component under orders for more to an amount that does not exceed assets of the service which is in excess of the initial 30 days than 30 days which specify that the member’s Fund expected to accrue at the end of such fis- of covered service, unless the member has elected service is in support of an operational mission cal year. Benefits that cannot be paid because in writing (A) not to be insured under this chap- for which members of the reserve components of such limitation of funds shall be deferred and ter, (B) to be insured for a lower benefit of half have been ordered to active duty without their paid only after funds become available. the basic benefit, or (C) to be insured in a great- consent or in support of forces activated during ‘‘(e) PAYMENTS INTO THE FUND.—(1) Payment er amount, in increments of $500, above the a period of war or during a period of national into the Fund under this subsection shall accu- basic benefit not to exceed $5,000 per month of H 5822 CONGRESSIONAL RECORD — HOUSE June 13, 1995 covered service (adjusted pursuant to paragraph Fund. All premium payments for insurance is- Reserve Officers Training Corps program of the (2)), following the initial 30 days of covered sued under this chapter shall be deposited into Army until six months after the date on which service, except that no member may be paid the Fund. the report required by subsection (d) is submit- under this chapter for more than 12 months of ‘‘§ 12527. Payment of insurance; beneficiaries ted. (b) COST-BENEFIT ANALYSIS.—The Secretary covered service served during any period of 18 ‘‘(a) A member insured under this chapter of the Army shall conduct a comparative cost- months. Payment for any period of covered serv- who serves in excess of 30 days of covered serv- benefit analysis of various options for the reor- ice less than one month shall be at the rate of ice shall be paid the amount to which such ganization of the regional headquarters and one-thirtieth of the monthly rate for each day member is entitled on a monthly basis, with the basic camp structure of the Army ROTC pro- served. Payment shall be based solely on insured first payment due no later than one month fol- gram. As part of such analysis, the Secretary status and on the period of covered service lowing the 30th day of covered service. The Sec- shall measure each reorganization option con- served; no proof of lost income or expenses in- retary shall adopt regulations prescribing the sidered against a common set of criteria. curred as a result of covered service shall be re- manner in which payments shall be made, either (c) SELECTION OF REORGANIZATION OPTION quired. to the member or, in accordance with subsection ‘‘(2) The Secretary shall determine annually FOR IMPLEMENTATION.—Based on the findings (d), to a designated person or entity. resulting from the cost-benefit analysis under the effect of inflation on the benefits and estab- ‘‘(b) A member may designate in writing an- subsection (b) and such other factors as the Sec- lish an adjustment rate which ensures that other person (including a spouse, parent, or retary considers appropriate, the Secretary shall there is no loss of value in the benefits payable other person with an insurable interest as deter- select one reorganization option for implementa- to a member. Adjustments shall apply to benefits mined by the Secretary by regulation) to whom tion. The Secretary may select an option for im- for members with existing coverage and for the insurance payments to which such member plementation only if the Secretary finds that the newly eligible members. Such adjustments for in- is entitled are to be paid. Such designation may cost-benefit analysis and other factors consid- flation will be rounded to the nearest $10 incre- be made to a bank or other financial institution, ered clearly demonstrate that such option, better ment. to the credit of a designated person. In the lat- ‘‘(3) Members of the Ready Reserve who, than any other option considered— ter event, insurance payments to which a mem- (1) provides the structure to meet projected under regulations prescribed by the Secretary of ber becomes entitled shall be paid to the des- Defense in coordination with the Secretary of mission requirements; ignated person, bank or financial institution. (2) achieves the most significant personnel Transportation, are serving on active duty (or ‘‘(c) Any amount of insurance payable under full-time National Guard duty) shall not be eli- and cost savings; this chapter on account of a deceased member’s (3) uses existing basic and advanced camp fa- gible to purchase insurance under this chapter. period of covered service shall be paid, upon the Additional categories of members of the Ready cilities to the maximum extent possible; establishment of a valid claim therefor, to the (4) minimizes additional military construction Reserve, in the discretion of the Secretary of De- beneficiary or beneficiaries which the former costs; and fense, may also be excluded from eligibility to member had designated in writing. If no such (5) makes maximum use of the reserve compo- purchase insurance under this chapter. designation has been made, the amount shall be nents to support basic and advanced camp oper- ‘‘(b) Promptly following the effective date of payable in accordance with the laws of the ations, thereby minimizing the effect of those this chapter, the Secretary shall make a one- State of the member’s domicile. operations on active duty units. time offer of insurance coverage under this (d) REPORT.—Not later than 60 days after the chapter to all persons who were members of the ‘‘§ 12528. Premiums; accounting to the Sec- retary date of the enactment of this Act, the Secretary Ready Reserve of an armed force on that date of the Army shall submit to the Committee on ‘‘(a) Each policy of insurance provided by the and who remain members of the Ready Reserve. Armed Services of the Senate and the Committee Secretary under this chapter shall include for Members of the Ready Reserve, first becoming on National Security of the House of Represent- the first policy years a fixed monetary premium eligible for coverage after the effective date of atives a report describing the reorganization op- per $1,000 of insurance, based, in consultation this chapter, shall be automatically enrolled for tion selected under subsection (c). The report with the Board, on the best available estimate of the basic benefit unless declined, or another shall include the results of the cost-benefit anal- risk and financial exposure, levels of subscrip- amount is elected under subsection (a)(1). ysis under subsection (b) and a detailed ration- tion by members, and other relevant factors. ‘‘(c) Members shall be given a written expla- ale for the reorganization option selected. nation of the insurance and be advised that Different premium levels may be established for Subtitle C—Matters Relating to Force Levels they have the right (1) to decline coverage alto- different amounts of coverage, provided that the gether, (2) to select half the basic benefit, or (3) premium rate established for the basic benefit SEC. 521. FLOOR ON END STRENGTHS. to select increased benefits. The right of a mem- shall not be at a premium rate higher than the (a) IN GENERAL.—Chapter 39 of title 10, Unit- ber of the Ready Reserve to decline, increase, or premium rate set for increased coverages. ed States Code, is amended by adding at the end decrease coverage shall be exercised within 30 ‘‘(b) Each policy shall include provisions the following new section: days of first being eligible for coverage. whereby the premium rate for the first policy ‘‘§ 691. Permanent end strength levels to sup- year shall be continued for subsequent policy ‘‘§ 12526. Deductions; payment port two major regional contingencies years (but the premium amount may be in- ‘‘(a) The end strengths specified in subsection ‘‘(a)(1) During any period in which a member creased to account or inflation-adjusted benefit (b) are the minimum strengths necessary to en- insured under this chapter is participating in increases). The rate may be readjusted for any able the armed forces to fulfill a national de- paid reserve training or other duty, there shall subsequent year with the consent of the Sec- fense strategy calling for the United States to be be deducted each month from the member’s basic retary based on prior consultation with the able to successfully conduct two nearly simulta- pay or compensation for inactive duty training Board of Actuaries. neous major regional contingencies. an amount determined by the Secretary to be ‘‘§ 12529. Forfeiture ‘‘(b) Unless otherwise provided by law, the the same for all members of the Ready Reserve ‘‘Any person found guilty of mutiny, treason, number of members of the armed forces (other who subscribe to the same amount of insurance than the Coast Guard) on active duty at the end as the share of the cost attributable to insuring spying, or desertion, or who refuses to perform service in the armed forces or refuses to wear of any fiscal year shall be not less than the fol- such member. As provided in section 12525 of lowing: this title, the Secretary may establish graduated the uniform of any of the armed forces, shall forfeit all rights to insurance under this chap- ‘‘(1) For the Army, 495,000. monthly premiums for an amount of insurance ‘‘(2) For the Navy, 395,000. less than the basic amount of coverage or in ex- ter.’’. ‘‘(3) For the Marine Corps, 174,000. cess of the basic coverage amount. (2) The tables of chapters at the beginning of ‘‘(4) For the Air Force, 381,000. ‘‘(2) Any member insured under this chapter subtitle E, and at the beginning of part II of ‘‘(c) No funds appropriated to the Department who is not in a pay status in which the member subtitle E, of title 10, United States Code, are of Defense may be used to reduce the active receives pay on a monthly basis shall pay the amended by inserting after the item relating to duty end strengths for the armed forces below cost attributable to insuring such member in ac- chapter 1213 the following new item: the levels specified in subsection (b) unless the cordance with regulations to be adopted by the ‘‘1214. Ready Reserve Income Insur- Secretary of Defense submits to Congress notice Secretary. ance ...... 12521’’. of the proposed lower end strength levels and a ‘‘(b) An amount equal to the first amount due (b) EFFECTIVE DATE.—The insurance program justification for those levels. No action may then on insurance under this chapter may be ad- provided for in chapter 1218 of title 10, United be taken to reduce such end strengths below the vanced from current appropriations for military States Code, as added by subsection (a), and the levels specified in subsection (b) until the end of pay to any such member, which amount shall deductions and contributions for that program the six-month period beginning on the date of constitute a lien upon the pay for military serv- shall take effect on a date designated by the the submission of such notification to Congress. ice accruing to the person to whom such ad- Secretary. Such date may not be later than Sep- ‘‘(d) The number of members of the armed vance was made, and shall be collected there- tember 30, 1996. The Secretary shall publish in forces on active duty shall be counted for pur- from if not otherwise paid. No disbursing or cer- the Federal Register notice of such effective poses of this section in the same manner as ap- tifying officer shall be responsible for any loss date. plies under section 115(a)(1) of this title.’’. by reason of such advance. SEC. 518. DELAY IN REORGANIZATION OF ARMY (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(c) The sums withheld from the basic or ROTC REGIONAL HEADQUARTERS tions at the beginning of such chapter is amend- other pay of insured members or deposited by in- STRUCTURE. ed by adding at the end the following new item: sured members, together with the income derived (a) DELAY.—The Secretary of the Army may ‘‘691. Permanent end strength levels to support from any dividends or premium rate adjust- not take any action to reorganize the regional two major regional contin- ments, shall be deposited to the credit of the headquarters and basic camp structure of the gencies.’’. June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5823 SEC. 522. ARMY OFFICER MANNING LEVELS. findings and conclusions of the Comptroller the item relating to section 857 (article 57) the (a) IN GENERAL.—(1) Chapter 331 of title 10, General under this section. following new item: United States Code, is amended by inserting SEC. 524. MANNING STATUS OF HIGHLY ‘‘857a. 57a. Sentences: forfeiture of pay and al- after the table of sections the following new sec- DEPLOYABLE SUPPORT UNITS. lowances during confinement by tion: Not later than September 30, 1996, the Sec- sentence of court-martial.’’. ‘‘§ 3201. Officers on active duty: minimum retary of each military department shall submit (b) ACTION BY THE CONVENING AUTHORITY.— to the Committee on Armed Services of the Sen- strength based on requirements Section 860 (article 60) is amended— ate and the Committee on National Security of ‘‘(a) The Secretary of the Army shall ensure (1) by redesignating subsections (d) and (e) as the House of Representatives a report on the that (beginning with fiscal year 1999) the subsections (e) and (f) respectively; and units under that Secretary’s jurisdiction that strength at the end of each fiscal year of officers (2) by inserting after subsection (c) the follow- on active duty is sufficient to enable the Army (as determined by the Secretary) are high-prior- ity support units that would deploy early in a ing new subsection: to meet at least 90 percent of the programmed ‘‘(d) In a case involving an accused who has manpower structure for the active component of contingency operation or other crisis and that are, as a matter of policy, managed at less than dependents and in which the sentence, as ap- the Army. proved, includes confinement, the convening au- ‘‘(b) The number of officers on active duty 100 percent of their authorized strengths. The thority or other person taking action under this shall be counted for purposes of this section in Secretary shall include in the report the number section may waive some or all of the forfeiture the same manner as applies under section of such high-priority support units (shown by of pay and allowances otherwise required by 115(a)(1) of this title. type of unit), the level of manning within such section 857a of this title (article 57a). Any ‘‘(c) In this section: high-priority support units, and either the jus- amount of pay and allowances payable only by ‘‘(1) The term ‘programmed manpower struc- tification for manning of less than 100 percent reason of such a waiver shall be paid, as the ture’ means the aggregation of billets describing or the status of corrective action. convening authority or other person taking ac- the full manpower requirements for units and SEC. 525. SENSE OF CONGRESS CONCERNING tion under this section directs, to the depend- organizations in the programmed force struc- PERSONNEL TEMPO RATES. ents of the accused.’’ ture. (a) FINDINGS.—Congress makes the following (c) CONFORMING AMENDMENT.—(1) Section 804 ‘‘(2) The term ‘programmed force structure’ findings: of title 37, United States Code, is repealed. means the set of units and organizations that (1) Excessively high personnel tempo rates for exist in the current year and that is planned to members of the Armed Forces resulting from (2) The table of sections at the beginning of exist in each future year under the then-current high-tempo unit operations degrades unit readi- chapter 15 of such title is amended by striking Future-Years Defense Program.’’. ness and morale and eventually can be expected out the item relating to section 804. (2) The table of sections at the beginning of to adversely affect unit retention. SEC. 543. REFUSAL TO TESTIFY BEFORE COURT- such chapter is amended by inserting after (2) The Armed Forces have begun to develop MARTIAL. ‘‘Sec.’’ the following new item: methods to measure and manage personnel Section 847(b) (article 47(b)) is amended by ‘‘3201. Officers on active duty: minimum tempo rates. striking out ‘‘shall be’’ in the second sentence strength based on requirements.’’. (3) The Armed Forces have attempted to re- and all that follows inserting in lieu thereof ‘‘shall be fined or imprisoned, or both, at the (b) ASSISTANCE IN ACCOMPLISHING REQUIRE- duce operations and personnel tempo for heavily court’s discretion.’’. MENT.—The Secretary of Defense shall provide tasked units by employing alternative capabili- to the Army sufficient personnel and financial ties and reducing tasking requirements. SEC. 544. FLIGHT FROM APPREHENSION. resources (including resources from outside (b) SENSE OF CONGRESS.—The Secretary of De- (a) IN GENERAL.—Section 895 (article 95) is Army accounts) to enable the Army to meet the fense should continue to enhance the knowledge amended to read as follows: within the Armed Forces of personnel tempo and requirement specified in section 3201 of title 10, ‘‘§ 895. Art. 95. Resistance, flight, breach of ar- to improve the techniques by which personnel United States Code, as added by subsection (a). rest, and escape tempo is managed with a view toward establish- SEC. 523. COMPTROLLER GENERAL REVIEW OF ‘‘Any person subject to this chapter who— PROPOSED ARMY END STRENGTH ing and achieving reasonable personnel tempo ALLOCATIONS. standards for all personnel, regardless of unit or ‘‘(1) resists apprehension; (a) IN GENERAL.—During fiscal years 1996 assignment. ‘‘(2) flees from apprehension; through 2001, the Comptroller General of the Subtitle D—Amendments to the Uniform Code ‘‘(3) breaks arrest; or United States shall analyze the plans of the Sec- of Military Justice ‘‘(4) escapes from custody or confinement; retary of the Army for the allocation of assigned shall be punished as a court-martial may di- SEC. 541. REFERENCES TO UNIFORM CODE OF rect.’’. active component end strengths for the Army MILITARY JUSTICE. (b) CLERICAL AMENDMENT.—The item relating through the requirements process known as Except as otherwise expressly provided, when- to section 895 (article 95) in the table of sections Total Army Analysis 2003 and through any sub- ever in this subtitle an amendment or repeal is at the beginning of subchapter X is amended to sequent similar requirements process of the expressed in terms of an amendment to, or re- read as follows: Army that is conducted before 2002. The Comp- peal of, a section or other provision, the ref- troller General’s analysis shall consider whether erence shall be considered to be made to a sec- ‘‘895. 95. Resistance, flight, breach of arrest, and the proposed active component end strengths tion or other provision of chapter 47 of title 10, escape.’’. and planned allocation of forces for that period United States Code (the Uniform Code of Mili- SEC. 545. CARNAL KNOWLEDGE. will be sufficient to implement the national mili- tary Justice). (a) GENDER NEUTRALITY.—Subsection (b) of tary strategy. In monitoring those plans, the SEC. 542. FORFEITURE OF PAY AND ALLOWANCES section 920 (article 120) is amended to read as Comptroller General shall determine the extent DURING CONFINEMENT BY SEN- follows: to which the Army will be able during that pe- TENCE OF COURT-MARTIAL. ‘‘(b) Any person subject to this chapter who, riod— (a) FORFEITURE.—(1) Subchapter VIII is under circumstances not amounting to rape, (1) to man fully the combat force based on the amended by inserting after section 857 (article commits an act of sexual intercourse with a per- projected active component Army end strength 57) the following new section (article): son— for each of fiscal years 1996 through 2001; (2) to meet the support requirements for the ‘‘§ 857a. Art. 57a. Sentences: forfeiture of pay ‘‘(1) who is not that person’s spouse; and force and strategy specified in the report of the and allowances during confinement by sen- ‘‘(2) who has not attained the age of sixteen Bottom-Up Review, including requirements for tence of court-martial years; operations other than war; and ‘‘(a) A court-martial sentence, as announced is guilty of carnal knowledge and shall be pun- (3) to streamline further Army infrastructure by the sentencing authority, that includes con- ished as a court-martial may direct.’’. in order to eliminate duplication and inefficien- finement shall result in the forfeiture of pay (b) MISTAKE OF FACT.—Such section (article) cies and replace active duty personnel in over- and allowances due that member during the pe- is further amended by adding at the end the fol- head positions, whenever practicable, with civil- riod of the confinement or while on parole. The lowing new subsection: ian or reserve personnel. forfeiture shall be effective on the date on which ‘‘(d) In a prosecution under subsection (b), it (b) ACCESS TO DOCUMENTS, ETC.—The Sec- the sentence is announced. The percentage of is a defense that— retary of the Army shall ensure that the Comp- pay and allowances forfeited shall be the maxi- ‘‘(1) the person with whom the accused com- troller General is provided access, on a timely mum percentage that the court-martial could mitted the act of sexual intercourse had at the basis and in accordance with the needs of the have directed as part of the sentence. time of the alleged offense attained the age of Comptroller General, to all analyses, models, ‘‘(b) If the sentence of a member who forfeits twelve years; and memoranda, reports, and other documents pre- pay and allowances under subsection (a) is set ‘‘(2) the accused reasonably believed that that pared or used in connection with the require- aside or disapproved or, as finally approved, person had at the time of the alleged offense at- ments process of the Army known as Total Army does not provide for confinement, the member tained the age of sixteen years.’’. Analysis 2003 and any subsequent similar re- shall be paid the pay and allowances which the SEC. 546. TIME AFTER ACCESSION FOR INITIAL quirements process of the Army that is con- member would have been paid, but for the for- INSTRUCTION IN THE UNIFORM ducted before 2002. feiture, for the period during which the forfeit- CODE OF MILITARY JUSTICE. (c) ANNUAL REPORT.—Not later than March 1 ure was in effect.’’. Section 937(a)(1) (article 137(a)(1)) is amended of each year through 2002, the Comptroller Gen- (2) The table of sections at the beginning of by striking out ‘‘within six days’’ and inserting eral shall submit to Congress a report on the subchapter VIII is amended by inserting after in lieu thereof ‘‘within fourteen days’’. H 5824 CONGRESSIONAL RECORD — HOUSE June 13, 1995 SEC. 547. PERSONS WHO MAY APPEAR BEFORE ‘‘§ 972. Members: effect of time lost of the Department of Defense Authorization THE UNITED STATES COURT OF AP- (2) The item relating to section 972 in the table Act, 1984 (10 U.S.C. 3360 note), is amended by PEALS FOR THE ARMED FORCES. of sections at the beginning of chapter 49 of striking out ‘‘September 30, 1995’’ and inserting Section 944 (article 144) is amended by adding such title is amended to read as follows: in lieu thereof ‘‘September 30, 1996’’. at the end the following new sentence: ‘‘How- ‘‘972. Members: effect of time lost.’’. (d) AUTHORITY FOR TEMPORARY PROMOTIONS ever, no person may appear before the court OF CERTAIN NAVY LIEUTENANTS.—Section 5721 of (d) CONFORMING AMENDMENTS.—(1) Section (whether on a brief or in person) other than an title 10, United States Code, is amended by strik- 1405(c) is amended— attorney who is admitted to practice before the ing out ‘‘September 30, 1995’’ and inserting in (A) by striking out ‘‘MADE UP.—Time’’ and court or who is authorized to appear by the lieu thereof ‘‘September 30, 1998’’. inserting in lieu thereof ‘‘MADE UP OR EX- court in a particular case (except that the court SEC. 553. INCREASE IN EDUCATIONAL ASSIST- may permit a third-year law student certified CLUDED.—(1) Time’’; (B) by striking out ‘‘section 972’’ and inserting ANCE ALLOWANCE WITH RESPECT under a State rule for practical training of law TO SKILLS OR SPECIALTIES FOR students to appear as an amicus curiae).’’. in lieu thereof ‘‘section 972(a)’’; WHICH THERE IS A CRITICAL SHORT- (C) by inserting after ‘‘of this title’’ the fol- AGE OF PERSONNEL. SEC. 548. DISCRETIONARY REPRESENTATION BY lowing: ‘‘, or required to be made up by an en- GOVERNMENT APPELLATE DEFENSE Section 16131 of title 10, United States Code, is COUNSEL IN PETITIONING SUPREME listed member of the Navy, Marine Corps, or amended by adding at the end the following COURT FOR WRIT OF CERTIORARI. Coast Guard under that section with respect to new subsection: Section 870 (article 70) is amended— a period of time after the date of the enactment ‘‘(j)(1) In the case of a person who has a skill (1) in subsection (c), by inserting ‘‘(except as of the National Defense Authorization Act for or specialty designated by the Secretary con- provided in subsection (f))’’ before ‘‘the Supreme Fiscal Year 1995,’’; and cerned as a skill or specialty in which there is (D) by adding at the end the following: Court’’; and a critical shortage of personnel or for which it ‘‘(2) Section 972(b) of this title excludes from (2) by adding at the end the following new is difficult to recruit or, in the case of critical computation of an officer’s years of service for subsection: units, retain personnel, the Secretary concerned purposes of this section any time identified with ‘‘(f) Representation of the accused by appel- may increase the rate of the educational assist- respect to that officer under that section.’’. late defense counsel in preparation of a petition (2) Chapter 367 of such title is amended— ance allowance applicable to that person to to the Supreme Court for a writ of certiorari (A) in section 3925(b), by striking out ‘‘section such rate in excess of the rate prescribed under shall be at the discretion of the appellate de- 972’’ and inserting in lieu thereof ‘‘section subparagraphs (A) through (D) of subsection fense counsel.’’. 972(a)’’; and (b)(1) as the Secretary of Defense considers ap- SEC. 549. REPEAL OF TERMINATION OF AUTHOR- (B) by adding at the end of section 3926 the propriate, but the amount of any such increase ITY FOR CHIEF JUSTICE OF UNITED following new subsection: may not exceed $350 per month. STATES TO DESIGNATE ARTICLE III ‘‘(e) Section 972(b) of this title excludes from ‘‘(2) The authority provided by paragraph (1) JUDGES FOR TEMPORARY SERVICE computation of an officer’s years of service for shall be exercised by the Secretaries of the mili- ON COURT OF APPEALS FOR THE purposes of this section any time identified with tary departments under regulations prescribed ARMED FORCES. by the Secretary of Defense.’’. Subsection (i) of section 1301 of the National respect to that officer under that section.’’. (3)(A) Chapter 571 of such title is amended by SEC. 554. AMENDMENTS TO EDUCATION LOAN RE- Defense Authorization Act for Fiscal Years 1990 inserting after section 6327 the following new PAYMENT PROGRAMS. and 1991 (Public Law 101–189; 10 U.S.C. 942 section: (a) GENERAL EDUCATION LOAN REPAYMENT note) is repealed. ‘‘§ 6328. Computation of years of service: vol- PROGRAM.—Section 2171(a)(1) of title 10, United SEC. 550. TECHNICAL AMENDMENT. untary retirement States Code, is amended— Section 866(f) (article 66(f)) is amended by (1) by striking out ‘‘or’’ at the end of subpara- striking out ‘‘Courts of Military Review’’ both ‘‘(a) ENLISTED MEMBERS.—Time required to be made up under section 972(a) of this title after graph (A); places it appears and inserting in lieu thereof (2) by redesignating subparagraph (B) as sub- ‘‘Courts of Criminal Appeals’’. the date of the enactment of this section may not be counted in computing years of service paragraph (C); and Subtitle E—Other Matters under this chapter. (3) by inserting after subparagraph (A) the following new subparagraph (B): SEC. 551. EQUALIZATION OF ACCRUAL OF SERV- ‘‘(b) OFFICERS.—Section 972(b) of this title ex- ICE CREDIT FOR OFFICERS AND EN- cludes from computation of an officer’s years of ‘‘(B) any loan made under part D of such title LISTED MEMBERS. service for purposes of this chapter any time (the William D. Ford Federal Direct Loan Pro- (a) ENLISTED SERVICE CREDIT.—Section 972 of identified with respect to that officer under that gram, 20 U.S.C. 1087a et seq.); or’’. title 10, United States Code, is amended— section.’’. (b) EDUCATION LOAN REPAYMENT PROGRAM (1) by inserting ‘‘(a) ENLISTED MEMBERS RE- (B) The table of sections at the beginning of FOR ENLISTED MEMBERS OF SELECTED RESERVE QUIRED TO MAKE UP TIME LOST.—’’ before ‘‘An such chapter is amended by inserting after the WITH CRITICAL SPECIALTIES.—Section enlisted member’’; item relating to section 6327 the following new 16301(a)(1) of such title is amended— (2) by striking out paragraphs (3) and (4) and item: (1) by striking out ‘‘or’’ at the end of subpara- graph (A); inserting in lieu thereof the following: ‘‘6328. Computation of years of service: vol- (2) by redesignating subparagraph (B) as sub- ‘‘(3) is confined by military or civilian au- untary retirement.’’. paragraph (C); and thorities for more than one day before, during, (4) Chapter 867 of such title is amended— or after trial; or’’; and (3) by inserting after subparagraph (A) the (A) in section 8925(b), by striking out ‘‘section following new subparagraph (B): (3) by redesignating paragraph (5) as para- 972’’ and inserting in lieu thereof ‘‘section graph (4). ‘‘(B) any loan made under part D of such title 972(a)’’; and (the William D. Ford Federal Direct Loan Pro- (b) OFFICER SERVICE CREDIT.—Such section is (B) by adding at the end of section 8926 the gram, 20 U.S.C. 1087a et seq.); or’’. further amended by adding at the end the fol- following new subsection: (c) EDUCATION LOAN REPAYMENT PROGRAM lowing: ‘‘(d) Section 972(b) of this title excludes from FOR HEALTH PROFESSIONS OFFICERS SERVING IN ‘‘(b) OFFICERS NOT ALLOWED SERVICE CREDIT computation of an officer’s years of service for SELECTED RESERVE WITH WARTIME CRITICAL FOR TIME LOST.—In the case of an officer of an purposes of this section any time identified with MEDICAL SKILL SHORTAGES.—Section 16302(a) of armed force who after the date of the enactment respect to that officer under that section.’’. such title is amended— of the National Defense Authorization Act for (e) EFFECTIVE DATE AND APPLICABILITY.—The (1) by redesignating paragraphs (2) through Fiscal Year 1996— amendments made by this section shall take ef- (4) as paragraphs (3) through (5) respectively; ‘‘(1) deserts; fect on the date of the enactment of this Act and and ‘‘(2) is absent from his organization, station, shall apply to any period of time covered by sec- (2) by inserting after paragraph (1) the follow- or duty for more than one day without proper tion 972 of title 10, United States Code, that oc- ing new paragraph (2): authority, as determined by competent author- curs after that date. ity; ‘‘(2) any loan made under part D of such title SEC. 552. EXTENSION OF EXPIRING PERSONNEL (the William D. Ford Federal Direct Loan Pro- ‘‘(3) is confined by military or civilian au- AUTHORITIES. gram, 20 U.S.C. 1087a et seq.); or’’. thorities for more than one day before, during, (a) GRADE DETERMINATION AUTHORITY FOR or after trial; or CERTAIN RESERVE MEDICAL OFFICERS.—Sections SEC. 555. RECOGNITION BY STATES OF LIVING ‘‘(4) is unable for more than one day, as deter- 3359(b) and 8359(b) of title 10, United States WILLS OF MEMBERS, CERTAIN mined by competent authority, to perform his FORMER MEMBERS, AND THEIR DE- Code, are amended by striking out ‘‘September PENDENTS. duties because of intemperate use of drugs or al- 30, 1995’’ and inserting in lieu thereof ‘‘Septem- (a) RECOGNITION BY STATES REQUIRED.—(1) coholic liquor, or because of disease or injury re- ber 30, 1996’’. Chapter 53 of title 10, United States Code, is sulting from his misconduct; (n) PROMOTION AUTHORITY FOR CERTAIN RE- amended by inserting after section 1044b the fol- the period of such desertion, absence, confine- SERVE OFFICERS SERVING ON ACTIVE DUTY.— lowing new section: ment, or inability to perform duties may not be Sections 3380(d) and 8380(d) of such title are counted in computing, for any purpose other amended by striking out ‘‘September 30, 1995’’ ‘‘§ 1044c. Military advance medical directives: than basic pay under section 205 of title 37, the and inserting in lieu thereof ‘‘September 30, requirement for recognition by States officer’s length of service.’’. 1996’’. ‘‘(a) INSTRUMENTS TO BE GIVEN LEGAL EF- (c) CLERICAL AMENDMENTS.—(1) The heading (c) YEARS OF SERVICE FOR MANDATORY TRANS- FECT WITHOUT REGARD TO STATE LAW.—A mili- of such section is amended to read as follows: FER TO THE RETIRED RESERVE.—Section 1016(d) tary advance medical directive— June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5825 ‘‘(1) is exempt from any requirement of form, the Brigade, the Secretary of the Army shall to the Ranger Training Brigade is not 100 per- substance, formality, or recording that is pro- submit to Congress a notice of such shortage, to- cent (or more) of the requirement specified in vided for advance medical directives under the gether with a statement of the reasons for the subsection (b) of section 4303 of title 10, United laws of a State; and shortage and of the expected date when the States Code, as added by subsection (a), the Sec- ‘‘(2) shall be given the same legal effect as an number assigned will be not less than the re- retary of the Army— advance medical directive prepared and exe- quired manning spaces, in accordance with (A) shall take such steps as necessary to ac- cuted in accordance with the laws of the State paragraph (1). complish that requirement within 12 months concerned. ‘‘(b) REQUIRED MANNING SPACES.—(1) The after such date of enactment; and ‘‘(b) MILITARY ADVANCE MEDICAL DIREC- Secretary of the Army may not (except as pro- (B) not later than 90 days after such date of TIVES.—For the purposes of this section, a mili- vided in paragraph (3)) reduce the required enactment, shall submit to Congress a plan to tary advance medical directive is any written manning spaces for the Ranger Training Bri- achieve and maintain that requirement. declaration regarding future medical treatment gade below the baseline required manning (2) If the Secretary does not accomplish the that— spaces. requirement referred to in paragraph (1) with ‘‘(1) is executed by a person eligible for legal ‘‘(2) In this section: respect to both officers and enlisted members assistance under section 1044(a) of this title or ‘‘(A) The term ‘required manning spaces’ within 12 months after the date of the enact- regulations of the Secretary concerned; and means the number of personnel spaces for offi- ment of this Act (as required by paragraph ‘‘(2) is intended— cers, and the number of personnel spaces for en- (1)(A)), the Secretary shall halt all training ac- ‘‘(A) to provide, withdraw, or withhold life- listed members, that are designated in Army au- tivities of the Ranger Training Brigade until the prolonging procedures, including hydration and thorization documents as the number required to requirement is met. sustenance, in the event of a terminal condition accomplish the missions of a particular unit or SEC. 558. REPEAL OF CERTAIN CIVIL-MILITARY PROGRAMS. or persistent vegetative state of the declarant; or organization. (a) REPEAL OF CIVIL-MILITARY COOPERATIVE ‘‘(B) to appoint another person to make ‘‘(B) The term ‘baseline required manning ACTION PROGRAM.—(1) Section 410 of title 10, health care decisions for the declarant under spaces’ means the required manning spaces for United States Code, and section 1081(a) of the circumstances stated in the declaration if the the Army Ranger Training Brigade as of Feb- National Defense Authorization Act for Fiscal declarant is determined to be incapable of mak- ruary 10, 1995, of 94 officers and 658 enlisted Year 1993 (Public Law 102–484; 10 U.S.C. 410 ing informed health care decisions. members. ‘‘(c) STATEMENT TO BE INCLUDED.—Under note) are repealed. ‘‘(3) The Secretary may (subject to paragraph (2) The table of sections at the beginning of regulations prescribed by the Secretary con- (4)) make reductions in required manning spaces cerned, a written declaration described in sub- chapter 20 of title 10, United States Code, is for the Army Ranger Training Brigade from the amended by striking out the item relating to sec- section (b) shall contain a statement that clearly baseline required manning spaces if— indicates the purpose of the declaration to serve tion 410. ‘‘(A) reductions in ranger student training (b) REPEAL OF RELATED PROVISIONS.—The fol- as the military advance medical directive of the loads result in decreased instructor workload; lowing sections of the National Defense Author- declarant. However, the failure of a military ad- and ization Act for Fiscal Year 1993 (Public Law vance medical directive to include such a state- ‘‘(B) one or more of the three major phases of 102–484) are repealed. ment shall not be construed to negate the legal the Ranger Course (conducted at Fort Benning, (1) Section 1045 (10 U.S.C. 410 note), relating effect of the directive under subsection (a). Georgia, at the Mountain Ranger Camp, and in to a pilot outreach program to reduce demand ‘‘(d) STATE DEFINED.—In this section, the Florida) is eliminated. for illegal drugs. term ‘State’ includes the District of Columbia, ‘‘(4) Before making a reduction authorized by (2) Section 1091 (32 U.S.C. 501 note), relating the Commonwealth of Puerto Rico, and a pos- paragraph (3) in required manning spaces, the to the National Guard Civilian Youth Opportu- session of the United States.’’. Secretary of the Army shall submit to Congress nities Program. (2) The table of sections at the beginning of a report on the proposed reduction. Such a re- (c) TERMINATION OF SUPPORT OF CIVILIAN such chapter is amended by inserting after the duction may not be made unless the report in- COMMUNITY CORPS.—(1) The Secretary of De- item relating to section 1044b the following new cludes a certification by the Secretary that the fense may not provide support to, or participate item: reduction will not reduce the ability of the com- in, the Civilian Community Corps Demonstra- ‘‘1044c. Military advance medical directives: re- mander of the Ranger Training Brigade to con- tion Program established under subtitle E of quirement for recognition by duct training safely. The report shall include a title I of the National and Community Service States.’’. description of the reduction (including specifica- Act of 1990 (42 U.S.C. 12611–12626) or the Civil- (b) EFFECTIVE DATE.—Section 1044c of title 10, tion of the number of officers and the number of ian Community Corps required as part of that United States Code, as added by subsection (a), enlisted members that will be considered to be demonstration program. shall apply with respect to any military advance required to carry out the missions of the Army (2) Section 1093 of the National Defense Au- medical directive described in such section de- Ranger Training Brigade after the reduction) thorization Act for Fiscal Year 1993 (Public Law clared before, on, or after the date of the enact- and shall set forth the rationale of the Secretary 102–484; 42 U.S.C. 12612 note), relating to coordi- ment of this Act. for the reduction. nation between the National Guard Civilian SEC. 556. TRANSITIONAL COMPENSATION FOR ‘‘(c) TRAINING SAFETY CELLS.—(1) The Sec- Youth Opportunities Pilot Program and the Ci- DEPENDENTS OF MEMBERS OF THE retary of the Army shall establish and maintain vilian Community Corps Demonstration Pro- ARMED FORCES SEPARATED FOR DE- an organizational entity known as a ‘safety gram, is repealed. PENDENT ABUSE. cell’ as part of the organizational elements of SEC. 559. ELIGIBILITY FOR ARMED FORCES EXPE- (a) MANDATORY PROGRAM.—Subsection (a) of the Army responsible for conducting each of the DITIONARY MEDAL BASED UPON section 1059 of title 10, United States Code, is three major phases of the Ranger Course. The SERVICE IN EL SALVADOR. amended by striking out ‘‘may each establish a safety cell in each different geographic area of (a) IN GENERAL.—For the purpose of determin- program’’ and inserting in lieu thereof ‘‘shall Ranger Course training shall be comprised of ing eligibility of members and former members of each establish a program’’. personnel who have sufficient continuity and the Armed Forces for the Armed Forces Expedi- (b) PAYMENT TO DEPENDENTS OF MEMBERS experience in that geographic area of such tionary Medal, the country of El Salvador dur- NOT DISCHARGED.—Subsection (d) of such sec- training to be knowledgeable of the local condi- ing the period beginning on January 1, 1981 and tion is amended by striking out ‘‘of a separation tions year-round, including conditions of ter- ending on February 1, 1992, shall be treated as from active duty as’’ in the first sentence. rain, weather, water, and climate and other having been designated as an area and a period SEC. 557. ARMY RANGER TRAINING. conditions and the potential effect on those con- of time in which members of the Armed Forces (a) IN GENERAL.—(1) Chapter 401 of title 10, ditions on Ranger student training and safety. participated in operations in significant num- United States Code, is amended by inserting ‘‘(2) Members of each safety cell shall be as- bers and otherwise met the general requirements after section 4302 the following new section: signed in sufficient numbers to serve as advisers for the award of that medal. to the officers in charge of the major phase of (b) INDIVIDUAL DETERMINATION.—The Sec- ‘‘§ 4303. Army Ranger Training: instructor retary of the military department concerned staffing; safety Ranger training and shall assist those officers in making informed daily ‘go’ and ‘no-go’ deci- shall determine whether individual members or ‘‘(a) LEVELS OF PERSONNEL ASSIGNED TO BE sions regarding training in light of all relevant former members of the Armed Forces who served NOT LESS THAN NUMBER REQUIRED.—(1) The conditions, including conditions of terrain, in El Salvador during the period beginning on Secretary of the Army shall ensure that at all weather, water, and climate and other condi- January 1, 1981 and ending on February 1, 1992 times the number of officers, and the number of tions.’’. meet the individual service requirements for enlisted members, permanently assigned to the (2) The table of sections at the beginning of award of the Armed Forces Expeditionary Army Ranger Training Brigade (or other organi- such chapter is amended by inserting after the Medal as established in applicable regulations. zational element of the Army primarily respon- item relating to section 4302 the following new Such determinations shall be made as expedi- sible for ranger student training) are not less item: tiously as possible after the date of the enact- than the required manning spaces for that bri- ment of this Act. ‘‘4303. Army Ranger Training: instructor staff- gade. SEC. 560. REVISION AND CODIFICATION OF MILI- ‘‘(2) If at any time the number of officers, or ing; safety.’’. TARY FAMILY ACT AND MILITARY the number of enlisted members, permanently (b) ACCOMPLISHMENT OF REQUIRED MANNING CHILD CARE ACT. assigned to the Ranger Training Brigade is less LEVELS.—(1) If, as of the date of the enactment (a) IN GENERAL.—(1) Subtitle A of title 10, than the required manning spaces for officers, of this Act, the number of officers, or the num- United States Code, is amended by inserting or for enlisted members, as the case may be, for ber of enlisted members, permanently assigned after chapter 87 the following new chapter: H 5826 CONGRESSIONAL RECORD — HOUSE June 13, 1995

‘‘CHAPTER 88—MILITARY FAMILY ‘‘(b) REGULATIONS.—The Secretary of Defense menting, a training program for child care em- PROGRAMS AND MILITARY CHILD CARE shall prescribe regulations— ployees. Those regulations shall apply uni- ‘‘Subchapter Sec. ‘‘(1) to implement such measures as the Presi- formly among the military departments. Subject ‘‘I. Military Family Programs ...... 1781 dent orders under subsection (a); to paragraph (2), satisfactory completion of the ‘‘II. Military Child Care ...... 1791 ‘‘(2) to provide preference to qualified spouses training program shall be a condition of employ- ‘‘SUBCHAPTER I—MILITARY FAMILY of members of the armed forces in hiring for any ment of any person as a child care employee. PROGRAMS civilian position in the Department of Defense if ‘‘(2) Under those regulations, the Secretary the spouse is among persons determined to be ‘‘Sec. shall require that each child care employee com- best qualified for the position and if the position ‘‘1781. Office of Family Policy. plete the training program not later than six ‘‘1782. Surveys of military families. is located in the same geographical area as the months after the date on which the employee is ‘‘1783. Family members serving on advisory com- permanent duty station of the member; employed as a child care employee. ‘‘(3) to ensure that notice of any vacant posi- mittees. ‘‘(3) The training program established under ‘‘1784. Employment opportunities for military tion in the Department of Defense is provided in this subsection shall cover, at a minimum, train- spouses. a manner reasonably designed to reach spouses ing in the following: ‘‘1785. Youth sponsorship program. of members of the armed forces whose perma- ‘‘(A) Early childhood development. ‘‘1786. Dependent student travel within the nent duty stations are in the same geographic ‘‘(B) Activities and disciplinary techniques United States. area as the area in which the position is lo- appropriate to children of different ages. ‘‘1787. Reporting of child abuse. cated; and ‘‘(C) Child abuse prevention and detection. ‘‘(4) to ensure that the spouse of a member of ‘‘(D) Cardiopulmonary resuscitation and ‘‘§ 1781. Office of Family Policy the armed forces who applies for a vacant posi- other emergency medical procedures. ‘‘(a) ESTABLISHMENT.—There is in the Office tion in the Department of Defense shall, to the ‘‘(b) TRAINING AND CURRICULUM SPECIAL- of the Secretary of Defense an Office of Family extent practicable, be considered for any such ISTS.—(1) The Secretary of Defense shall require Policy (hereinafter in this section referred to as position located in the same geographic area as that at least one employee at each military child the ‘Office’). The Office shall be under the As- the permanent duty station of the member. development center be a specialist in training sistant Secretary of Defense for Force Manage- ‘‘(c) STATUS OF PREFERENCE ELIGIBLES.— and curriculum development. The Secretary ment and Personnel. Nothing in this section shall be construed to shall ensure that such employees have appro- ‘‘(b) DUTIES.—The Office— provide a spouse of a member of the armed priate credentials and experience. ‘‘(1) shall coordinate programs and activities forces with preference in hiring over an individ- ‘‘(2) The duties of such employees shall in- of the military departments to the extent that ual who is a preference eligible. clude the following: they relate to military families; and ‘‘(A) Special teaching activities at the center. ‘‘§ 1785. Youth sponsorship program ‘‘(2) shall make recommendations to the Sec- ‘‘(B) Daily oversight and instruction of other retaries of the military departments with respect ‘‘(a) REQUIREMENT.—The Secretary of Defense child care employees at the center. to programs and policies regarding military fam- shall require that there be at each military in- ‘‘(C) Daily assistance in the preparation of ilies. stallation a youth sponsorship program to facili- lesson plans. tate the integration of dependent children of ‘‘(c) STAFF.—The Office shall have not less ‘‘(D) Assistance in the center’s child abuse than five professional staff members. members of the armed forces into new surround- prevention and detection program. ings when moving to that military installation ‘‘(E) Advising the director of the center on the ‘‘§ 1782. Surveys of military families as a result of a parent’s permanent change of performance of other child care employees. ‘‘(a) AUTHORITY.—The Secretary of Defense station. ‘‘(3) Each employee referred to in paragraph may conduct surveys of members of the armed ‘‘(b) DESCRIPTION OF PROGRAMS.—The pro- (1) shall be an employee in a competitive service forces on active duty or in an active status, gram at each installation shall provide for in- position. members of the families of such members, and re- volvement of dependent children of members ‘‘(c) COMPETITIVE RATES OF PAY.—For the tired members of the armed forces to determine presently stationed at the military installation purpose of providing military child development the effectiveness of Federal programs relating to and shall be directed primarily toward children centers with a qualified and stable civilian military families and the need for new pro- in their preteen and teenage years. workforce, employees at a military installation grams. ‘‘§ 1786. Dependent student travel within the who are directly involved in providing child ‘‘(b) RESPONSES TO BE VOLUNTARY.—Re- United States care and are paid from nonappropriated funds— sponses to surveys conducted under this section ‘‘(1) in the case of entry-level employees, shall ‘‘Funds available to the Department of De- shall be voluntary. be paid at rates of pay competitive with the fense for the travel and transportation of de- ‘‘(c) FEDERAL RECORDKEEPING REQUIRE- rates of pay paid to other entry-level employees pendent students of members of the armed forces MENTS.—With respect to such surveys, family at that installation who are drawn from the stationed overseas may be obligated for trans- members of members of the armed forces and re- same labor pool; and portation allowances for travel within or be- serve and retired members of the armed forces ‘‘(2) in the case of other employees, shall be tween the contiguous States. shall be considered to be employees of the Unit- paid at rates of pay substantially equivalent to ed States for purposes of section 3502(4)(A) of ‘‘§ 1787. Reporting of child abuse the rates of pay paid to other employees at that title 44. ‘‘(a) IN GENERAL.—The Secretary of Defense installation with similar training, seniority, and shall request each State to provide for the re- ‘‘§ 1783. Family members serving on advisory experience. porting to the Secretary of any report the State ‘‘(d) EMPLOYMENT PREFERENCE PROGRAM FOR committees receives of known or suspected instances of MILITARY SPOUSES.—(1) The Secretary of De- ‘‘A committee within the Department of De- child abuse and neglect in which the person fense shall conduct a program under which fense which advises or assists the Department in having care of the child is a member of the qualified spouses of members of the armed forces the performance of any function which affects armed forces (or the spouse of the member). shall be given a preference in hiring for the po- members of military families and which includes ‘‘(b) DEFINITION.—In this section, the term sition of child care employee in a position paid members of military families in its membership ‘child abuse and neglect’ has the meaning pro- from nonappropriated funds if the spouse is shall not be considered an advisory committee vided in section 3(1) of the Child Abuse Preven- among persons determined to be best qualified under section 3(2) of the Federal Advisory Com- tion and Treatment Act (42 U.S.C. 5102). for the position. mittee Act (5 U.S.C. App.) solely because of such ‘‘SUBCHAPTER II—MILITARY CHILD CARE ‘‘(2) A spouse who is provided a preference membership. ‘‘Sec. under this subsection at a military child devel- ‘‘§ 1784. Employment opportunities for mili- ‘‘1791. Funding for military child care. opment center may not be precluded from ob- tary spouses ‘‘1792. Child care employees. taining another preference, in accordance with ‘‘(a) AUTHORITY.—The President shall order ‘‘1793. Parent fees. section 1794 of this title, in the same geographic such measures as the President considers nec- ‘‘1794. Child abuse prevention and safety at fa- area as the military child development center. essary to increase employment opportunities for cilities. ‘‘(e) COMPETITIVE SERVICE POSITION DE- spouses of members of the armed forces. Such ‘‘1795. Parent partnerships with child develop- FINED.—In this section, the term ‘competitive measures may include— ment centers. service position’ means a position in the com- ‘‘(1) excepting, pursuant to section 3302 of ‘‘1796. Subsidies for family home day care. petitive service, as defined in section 2102(a)(1) ‘‘1797. Early childhood education program. of title 5. title 5, from the competitive service positions in ‘‘1798. Definitions. the Department of Defense located outside of ‘‘§ 1793. Parent fees ‘‘§ 1791. Funding for military child care the United States to provide employment oppor- ‘‘(a) IN GENERAL.—The Secretary of Defense tunities for qualified spouses of members of the ‘‘It is the policy of Congress that the amount shall prescribe regulations establishing fees to be armed forces in the same geographical area as of appropriated funds available during a fiscal charged parents for the attendance of children the permanent duty station of the members; and year for operating expenses for military child at military child development centers. Those ‘‘(2) providing preference in hiring for posi- development centers and programs shall be not regulations shall be uniform for the military de- tions in nonappropriated fund activities to less than the amount of child care fee receipts partments and shall require that, in the case of qualified spouses of members of the armed forces that are estimated to be received by the Depart- children who attend the centers on a regular stationed in the same geographical area as the ment of Defense during that fiscal year. basis, the fees shall be based on family income. nonappropriated fund activity for positions in ‘‘§ 1792. Child care employees ‘‘(b) LOCAL WAIVER AUTHORITY.—The Sec- wage grade UA–8 and below and equivalent po- ‘‘(a) REQUIRED TRAINING.—(1) The Secretary retary of Defense may provide authority to in- sitions and for positions paid at hourly rates. of Defense shall prescribe regulations imple- stallation commanders, on a case-by-case basis, June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5827 to establish fees for attendance of children at ‘‘(A) notice of the violation that resulted in ant to section 1105 of title 31, United States child development centers at rates lower than the closing and the cost of remedying the viola- Code, the Secretary of Defense shall submit to those prescribed under subsection (a) if the rates tion; and Congress a report on the expected demand for prescribed under subsection (a) are not competi- ‘‘(B) a statement of the reasons why the viola- child care by military and civilian personnel of tive with rates at local non-military child devel- tion has not been remedied as of the time of the the Department of Defense during fiscal years opment centers. report. 1997 through 2001. ‘‘§ 1794. Child abuse prevention and safety at ‘‘§ 1795. Parent partnerships with child devel- (2) The report shall include— (A) a plan for meeting the expected child care facilities opment centers demand identified in the report; and ‘‘(a) CHILD ABUSE TASK FORCE.—The Sec- ‘‘(a) PARENT BOARDS.—The Secretary of De- (B) an estimate of the cost of implementing retary of Defense shall maintain a special task fense shall require that there be established at that plan. force to respond to allegations of widespread each military child development center a board (3) The report shall also include a description child abuse at a military installation. The task of parents, to be composed of parents of children of methods for monitoring family home day care force shall be composed of personnel from appro- attending the center. The board shall meet peri- programs of the military departments. priate disciplines, including, where appropriate, odically with staff of the center and the com- (c) PLAN FOR IMPLEMENTATION OF ACCREDITA- medicine, psychology, and childhood develop- mander of the installation served by the center TION REQUIREMENT.—The Secretary of Defense ment. In the case of such allegations, the task for the purpose of discussing problems and con- shall submit to the Committee on Armed Services force shall provide assistance to the commander cerns. The board, together with the staff of the of the Senate and the Committee on National of the installation, and to parents at the instal- center, shall be responsible for coordinating the Security of the House of Representatives a plan lation, in helping them to deal with such allega- parent participation program described in sub- for carrying out the requirements of section 1787 tions. section (b). of title 10, United States Code, as added by sub- ‘‘(b) NATIONAL HOTLINE.—(1) The Secretary of ‘‘(b) PARENT PARTICIPATION PROGRAMS.—The Defense shall maintain a national telephone section (a). The plan shall be submitted not Secretary of Defense shall require the establish- number for persons to use to report suspected later than April 1, 1997. ment of a parent participation program at each (d) CONTINUATION OF DELEGATION OF AU- child abuse or safety violations at a military military child development center. As part of THORITY WITH RESPECT TO HIRING PREFERENCE child development center or family home day such program, the Secretary of Defense may es- FOR QUALIFIED MILITARY SPOUSES.—The provi- care site. The Secretary shall ensure that such tablish fees for attendance of children at such a sions of Executive Order No. 12568, issued Octo- reports may be made anonymously if so desired center, in the case of parents who participate in ber 2, 1986 (10 U.S.C. 113 note), shall apply as if by the person making the report. The Secretary the parent participation program at that center, the reference in that Executive order to section shall establish procedures for following up on at rates lower than the rates that otherwise 806(a)(2) of the Department of Defense Author- complaints and information received over that apply. ization Act of 1986 refers to section 1784 of title number. ‘‘(2) The Secretary shall publicize the exist- ‘‘§ 1796. Subsidies for family home day care 10, United States Code, as added by subsection (a). ence of the number. ‘‘The Secretary of Defense may use appro- (e) CONFORMING AMENDMENT.—Effective Octo- ‘‘(c) ASSISTANCE FROM LOCAL AUTHORITIES.— priated funds available for military child care The Secretary of Defense shall prescribe regula- ber 1, 1995, section 1782(c) of title 10, United purposes to provide assistance to family home States Code, as added by subsection (a), is tions requiring that, in a case of allegations of day care providers so that family home day care child abuse at a military child development cen- amended by striking out ‘‘section 3502(4)(A) of services can be provided to members of the title 44’’ and inserting in lieu thereof ‘‘section ter or family home day care site, the commander armed forces at a cost comparable to the cost of of the military installation or the head of the 3502(3)(A)(i) of title 44’’. services provided by military child development (f) REPEALER.—The following provisions of task force established under subsection (a) shall centers. The Secretary shall prescribe regula- seek the assistance of local child protective au- law are repealed: tions for the provision of such assistance. (1) The Military Family Act of 1985 (title VIII thorities if such assistance is available. of Public Law 99–145; 10 U.S.C. 113 note). ‘‘(d) SAFETY REGULATIONS.—The Secretary of ‘‘§ 1797. Early childhood education program (2) The Military Child Care Act of 1989 (title Defense shall prescribe regulations on safety ‘‘The Secretary of Defense shall require that XV of Public Law 101–189; 10 U.S.C. 113 note). and operating procedures at military child de- all military child development centers meet velopment centers. Those regulations shall standards of operation necessary for accredita- SEC. 561. DISCHARGE OF MEMBERS OF THE tion by an appropriate national early childhood ARMED FORCES WHO HAVE THE HIV– apply uniformly among the military depart- 1 VIRUS. ments. programs accrediting body. (a) IN GENERAL.—(1) Section 1177 of title 10, ‘‘(e) INSPECTIONS.—The Secretary of Defense ‘‘§ 1798. Definitions United States Code, is amended to read as fol- shall require that each military child develop- ‘‘In this subchapter: lows: ment center be inspected not less often than four ‘‘(1) The term ‘military child development cen- times a year. Each such inspection shall be un- ‘‘§ 1177. Members infected with HIV–1 virus: ter’ means a facility on a military installation announced. At least one inspection a year shall mandatory discharge or retirement (or on property under the jurisdiction of the be carried out by a representative of the instal- ‘‘(a) MANDATORY SEPARATION.—A member of commander of a military installation) at which lation served by the center, and one inspection the armed forces who is HIV-positive shall be child care services are provided for members of a year shall be carried out by a representative separated. Such separation shall be made on a the armed forces or any other facility at which of the major command under which that instal- date determined by the Secretary concerned, such child care services are provided that is op- lation operates. which shall be as soon as practicable after the erated by the Secretary of a military depart- ‘‘(f) REMEDIES FOR VIOLATIONS.—(1) Except as date on which the determination is made that ment. provided in paragraph (2), any violation of a the member is HIV-positive and not later than ‘‘(2) The term ‘family home day care’ means safety, health, or child welfare law or regula- the last day of the sixth month beginning after home-based child care services that are provided tion (discovered at an inspection or otherwise) such date. for members of the armed forces by an individ- at a military child development center shall be ‘‘(b) FORM OF SEPARATION.—If a member to be ual who (A) is certified by the Secretary of the remedied immediately. separated under this section is eligible to retire ‘‘(2) In the case of a violation that is not life military department concerned as qualified to under any provision of law or to be transferred threatening, the commander of the major com- provide those services, and (B) provides those to the Fleet Reserve or Fleet Marine Corps Re- mand under which the installation concerned services on a regular basis for compensation. serve, the member shall be so retired or so trans- operates may waive the requirement that the ‘‘(3) The term ‘child care employee’ means a ferred. Otherwise, the member shall be dis- violation be remedied immediately for a period civilian employee of the Department of Defense charged. The characterization of the service of of up to 90 days beginning on the date of the who is employed to work in a military child de- the member shall be determined without regard discovery of the violation. If the violation is not velopment center (regardless of whether the em- to the determination that the member is HIV- remedied as of the end of that 90-day period, the ployee is paid from appropriated funds or positive. military child development center shall be closed nonappropriated funds). ‘‘(c) DEFERRAL OF SEPARATION FOR MEMBERS until the violation is remedied. The Secretary of ‘‘(4) The term ‘child care fee receipts’ means IN 18-YEAR RETIREMENT SANCTUARY.—In the the military department concerned may waive those nonappropriated funds that are derived case of a member to be discharged under this the preceding sentence and authorize the center from fees paid by members of the armed forces section who on the date on which the member is to remain open in a case in which the violation for child care services provided at military child to be discharged is within two years of qualify- cannot reasonably be remedied within that 90- development centers.’’. ing for retirement under any provision of law, day period or in which major facility recon- (2) The tables of chapters at the beginning of or of qualifying for transfer to the Fleet Reserve struction is required. subtitle A, and at the beginning of part II of or Fleet Marine Corps Reserve under section ‘‘(3) If a military child development center is subtitle A, of title 10, United States Code, are 6330 of this title, the member may, as determined closed under paragraph (2), the Secretary of the amended by inserting after the item relating to by the Secretary concerned, be retained on ac- military department concerned shall promptly chapter 87 the following new item: tive duty until the member is qualified for retire- submit to the Committee on Armed Services of ‘‘88. Military Family Programs and ment or transfer to the Fleet Reserve or Fleet the Senate and the Committee on National Secu- Military Child Care ...... 1781’’. Marine Corps Reserve, as the case may be, and rity of the House of Representatives a report no- (b) REPORT ON FIVE-YEAR DEMAND FOR CHILD then be so retired or transferred, unless the tifying those committees of the closing. The re- CARE.—(1) Not later than the date of the sub- member is sooner retired or discharged under port shall include— mission of the budget for fiscal year 1997 pursu- any other provision of law. H 5828 CONGRESSIONAL RECORD — HOUSE June 13, 1995

‘‘(d) SEPARATION TO BE CONSIDERED INVOLUN- ‘‘1504. Subsequent inquiry. ‘‘(b) FORWARDING OF RECORDS.—The com- TARY.—A separation under this section shall be ‘‘1505. Further review. mander making the initial assessment shall (in considered to be an involuntary separation for ‘‘1506. Personnel files. accordance with procedures prescribed under purposes of any other provision of law. ‘‘1507. Recommendation of status of death. section 1501(b) of this title) safeguard and for- ‘‘(e) COUNSELING ABOUT AVAILABLE MEDICAL ‘‘1508. Persons previously declared dead. ward for official use any information relating to ‘‘1509. Return alive of person declared missing CARE.—A member to be separated under this sec- the whereabouts or status of the person that re- tion shall be provided information, in writing, or dead. sult from the preliminary assessment or from ac- ‘‘1510. Effect on State law. before such separation of the available medical ‘‘1511. Definitions. tions taken to locate the person. care (through the Department of Veterans Af- ‘‘§ 1503. Initial inquiry fairs and otherwise) to treat the member’s condi- ‘‘§ 1501. System for accounting for missing ‘‘(a) APPOINTMENT OF BOARD.—Not later than tion. Such information shall include identifica- persons ten days after receiving notification under sec- tion of specific medical locations near the mem- ‘‘(a) OFFICE FOR MISSING PERSONS.—The Sec- tion 1502(a)(2) of this title that a person has ber’s home of record or point of discharge at retary of Defense shall establish within the Of- been recommended for placement in a missing which the member may seek necessary medical fice of the Secretary of Defense an office to be status, the commander of the unified command care. responsible for the policy, control, and oversight having responsibility for the area in which the ‘‘(f) HIV-POSITIVE MEMBERS.—A member shall of the entire process for investigation and recov- disappearance occurred shall appoint a board to be considered to be HIV-positive for purposes of ery related to persons covered by subsection (c). conduct an inquiry into the whereabouts and this section if there is serologic evidence that the In carrying out the responsibilities of that of- status of the person. member is infected with the virus known as fice, the head of the office shall coordinate the ‘‘(b) INQUIRIES INVOLVING MORE THAN ONE Human Immunodeficiency Virus–1 (HIV–1), the efforts of the office with those of other depart- MISSING PERSON.—If it appears to the com- virus most commonly associated with the ac- ments and agencies of the Government and mander who appoints a board under this section quired immune deficiency syndrome (AIDS) in other elements of the Department of Defense for that the absence or missing status of two or the United States. Such serologic evidence shall such purposes and shall be responsible for the more persons is factually related, the com- be considered to exist if there is a reactive result coordination for such purposes within the De- mander may appoint a single board under this given by an enzyme-linked immunosorbent partment of Defense among the military depart- section to conduct the inquiry into the where- assay (ELISA) serologic test that is confirmed ments, the Joint Staff, and the commanders of abouts or status of all such persons. by a reactive and diagnostic the combatant commands. ‘‘(c) COMPOSITION.—(1) A board appointed immunoelectrophoresis test (Western blot) on ‘‘(b) UNIFORM DOD PROCEDURES.—(1) The under this section shall consist of at least one two separate samples. Any such serologic test Secretary of Defense shall prescribe procedures, individual described in paragraph (2) who has must be one that is approved by the Food and to apply uniformly through the Department of experience with and understanding of military Drug Administration.’’. Defense, for— operations or activities similar to the operation (2) The item relating to such section in the ‘‘(A) the determination of the status of per- or activity in which the person disappeared. table of sections at the beginning of chapter 59 sons described in subsection (c); and ‘‘(B) for the systematic, comprehensive, and ‘‘(2) An individual referred to in paragraph of such title is amended to read as follows: timely collection, analysis, review, dissemina- (1) is the following: ‘‘1177. Members infected with HIV–1 virus: man- tion, and periodic update of information related ‘‘(A) A military officer, in the case of an in- datory discharge or retirement.’’. to such persons. quiry with respect to a member of the armed (b) EFFECTIVE DATE.—Section 1177 of title 10, ‘‘(2) Such procedures shall be prescribed in a forces. United States Code, as amended by subsection single directive applicable to all elements of the ‘‘(B) A civilian, in the case of an inquiry with (a), applies with respect to members of the Department of Defense. respect to a civilian employee of the United Armed Forces determined to be HIV-positive be- ‘‘(c) COVERED PERSONS.—This chapter applies States or of a contractor of the Department of fore, on, or after the date of the enactment of to the following persons: Defense. this Act. In the case of a member of the Armed ‘‘(1) Any member of the Army, Navy, Air ‘‘(3) An individual may be appointed as a Forces determined to be HIV-positive before Force, or Marine Corps on active duty who, member of a board under this section only if the such date, the deadline for separation of the during a period of war or national emergency or individual has a security clearance that affords member under subsection (a) of such section, as any other period of hostilities specified by the the member access to all information relating to so amended, shall be determined from the date Secretary of Defense for the purposes of this sec- the whereabouts and status of the missing per- of the enactment of this Act (rather than from tion, disappears in the theater of such hostilities sons covered by the inquiry. the date of such determination). (except under circumstances suggesting that the ‘‘(d) DUTIES OF BOARD.—A board appointed to SEC. 562. AUTHORITY TO APPOINT BRIGADIER disappearance is voluntary). conduct an inquiry into the whereabouts or sta- GENERAL CHARLES E. YEAGER, ‘‘(2) Any civilian employee of the Department tus of a missing person under this section UNITED STATES AIR FORCES (RE- of Defense (including an employee of a contrac- shall— TIRED) TO THE GRADE OF MAJOR tor of the Department of Defense) who, during GENERAL ON THE RETIRED LIST. ‘‘(1) collect, develop, and investigate all facts a period described in paragraph (1), disappears and evidence relating to the disappearance, The President is authorized to appoint, by in the theater of such hostilities (except under whereabouts, or status of that person; and with the advice and consent of the Senate, circumstances suggesting that the disappear- ‘‘(2) collect appropriate documentation of the Brigadier General Charles E. Yeager, United ance is voluntary) while serving with or accom- facts and evidence covered by the investigation; States Air Force (retired), to the grade of major panying the Army, Navy, Air Force, or Marine ‘‘(3) analyze the facts and evidence, make general on the retired list of the Air Force. Any Corps in the field during such period. findings based on that analysis, and draw con- such appointment shall not affect the retired ‘‘(d) PRIMARY NEXT OF KIN.—The individual clusions as to the current whereabouts and sta- pay or other benefits of Charles E. Yeager or who is primary next of kin of any person de- tus of the person; and any benefits to which any other person is or scribed in subsection (c) may for purposes of this ‘‘(4) with respect to each person covered by may become entitled based upon his service. chapter designate another individual to act on the inquiry, recommend to the commander who SEC. 563. DETERMINATION OF WHEREABOUTS behalf of that individual as primary next of kin. appointed the board that— AND STATUS OF MISSING PERSONS. The Secretary of Defense shall treat an individ- ‘‘(A) the person be placed in a missing status; (a) PURPOSE.—The purpose of this section is ual so designated as if the individual designated or to ensure that any member of the Armed Forces were the primary next of kin for purposes of this ‘‘(B) the person be declared to have deserted, and any civilian employee of the Department of chapter. A designation under this subsection to be absent without leave, or to be dead. Defense or contractor of the Department of De- may be revoked at any time by the person who ‘‘(e) INQUIRY PROCEEDINGS.—During the pro- fense who serves with or accompanies the Armed made the designation. ceedings of an inquiry under this section, a Forces in the field under orders is accounted for ‘‘§ 1502. Missing persons: initial report board shall— by the United States (by the return of such per- ‘‘(a) PRELIMINARY ASSESSMENT AND REC- ‘‘(1) collect, record, and safeguard all facts, son alive, by the return of the remains of such OMMENDATION BY COMMANDER.—After receiving documents, statements, photographs, tapes, mes- person, or by the decision that credible evidence information that the whereabouts or status of a sages, maps, sketches, reports, and other infor- exists to support another determination of the person covered by this chapter is uncertain and mation (whether classified or unclassified) relat- status of such person) and, as a general rule, is that the absence of the person may be involun- ing to the whereabouts or status of each person not declared dead solely because of the passage tary, the commander of the unit, facility, or covered by the inquiry; of time. area to or in which the person is assigned shall ‘‘(2) gather information relating to actions (b) IN GENERAL.—(1) Part II of subtitle A of make a preliminary assessment of the cir- taken to find the person, including any evidence title 10, United States Code, is amended by in- cumstances. If, as a result of that assessment, of the whereabouts or status of the person aris- serting after chapter 75 the following new chap- the commander concludes that the person is ing from such actions; and ter: missing, the commander shall— ‘‘(3) maintain a record of its proceedings. ‘‘CHAPTER 76—MISSING PERSONS ‘‘(1) recommend that the person be placed in a ‘‘(f) COUNSEL FOR MISSING PERSON.—(1) The ‘‘Sec. missing status; and commander appointing a board to conduct an ‘‘1501. System for accounting for missing per- ‘‘(2) submit that recommendation to the com- inquiry under this section shall appoint counsel sons. mander of the unified command for that area in to represent each person covered by the inquiry, ‘‘1502. Missing persons: initial report. accordance with procedures prescribed under or, in the case described by 1503(c) of this title, ‘‘1503. Initial inquiry. section 1501(b) of this title. one counsel to represent all persons covered by June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5829

the inquiry. Counsel appointed under this para- ‘‘(3) Upon a determination by the commander ‘‘(f) COMPOSITION.—(1) Subject to paragraphs graph may be referred to as ‘missing person’s concerned that a report reviewed under this (2) and (3), a board appointed under this section counsel’. subsection is complete and free of administrative shall consist of the following: ‘‘(2) To be appointed as a missing person’s error, the commander shall make a recommenda- ‘‘(A) In the case of a board appointed to in- counsel, a person must— tion concerning the status of each person cov- quire into the whereabouts or status of a mem- ‘‘(A) have the qualifications specified in sec- ered by the report. ber of the armed forces, not less than three offi- tion 827(b) of this title (article 27(b) of the Uni- ‘‘(4) The report, together with the rec- cers having the grade of major or lieutenant form Code of Military Justice) for trial counsel ommendations under paragraph (3), shall be for- commander or above. or defense counsel detailed for a general court- warded to the Secretary of Defense in accord- martial; and ‘‘(B) In the case of a board appointed to in- ance with procedures prescribed under section quire into the whereabouts or status of a civil- ‘‘(B) have a security clearance that affords 1501(b) of this title. the counsel access to all information relating to ian employee of the Department of Defense or ‘‘(k) DETERMINATION BY SECRETARY.—The contractor of the Department of Defense— the whereabouts or status of the person or per- Secretary of Defense (or the Secretary of the sons covered by the inquiry. military department concerned acting under del- ‘‘(i) not less than three employees of the De- ‘‘(3) A missing person’s counsel— partment of Defense whose rate of annual pay ‘‘(A) shall have access to all facts and evi- egation of authority from the Secretary of De- fense) shall review the recommendations of a re- is equal to or greater than the rate of annual dence considered by the board during the pro- pay payable for grade GS–13 of the General ceedings under the inquiry for which the coun- port forwarded under subsection (j)(4). After conducting such review, the Secretary shall Schedule under section 5332 of title 5; and sel is appointed; ‘‘(ii) such members of the armed forces as the ‘‘(B) shall observe all official activities of the make a determination, with respect to each per- Secretary of Defense considers advisable. board during such proceedings; son whose status is covered by the report, ‘‘(C) may question witnesses before the board; whether such person shall (1) continue to have ‘‘(2) The Secretary shall designate one member and a missing status, (2) be declared to have de- of a board appointed under this section as presi- ‘‘(D) shall monitor the deliberations of the serted, (3) be declared to be absent without dent of the board. The president of the board board; and leave, or (4) be declared to be dead. In making shall have a security clearance that affords the ‘‘(4) A missing person’s counsel shall review such determination, the Secretary may convene president access to all information relating to the report of the board under subsection (i) and a board in accordance with section 1504 of this the whereabouts and status of each person cov- submit to the commander who appointed the title. ered by the inquiry. board an independent review of that report. ‘‘(l) REPORT TO FAMILY MEMBERS AND OTHER ‘‘(3)(A) One member of each board appointed That review shall be made an official part of the INTERESTED PERSONS.—Not later than 30 days under this subsection shall be an attorney or record of the board. after the date on which the Secretary makes a judge advocate who has expertise in the public ‘‘(g) ACCESS TO PROCEEDINGS.—The proceed- determination under subsection (k), the Sec- law relating to missing persons, the determina- ings of a board during an inquiry under this retary of Defense, acting through the head of tion of death of such persons, and the rights of section shall be closed to the public (including, the office established under section 1501(a) of family members and dependents of such persons. with respect to any missing person covered by this title, shall— ‘‘(B) One member of each board appointed the inquiry, the primary next of kin, other mem- ‘‘(1) provide an unclassified summary of the under this subsection shall be an individual bers of the immediate family, and any other pre- report of the board (including the name of the who— viously designated person designated under sec- missing person’s counsel for the inquiry, the tion 655 of this title). names of the members of the board, and the ‘‘(i) has an occupational specialty similar to ‘‘(h) RECOMMENDATION ON STATUS OF MISSING name of the commander who convened the that of one or more of the persons covered by PERSONS.—(1) Upon completion of its inquiry, a board) to the primary next of kin, to the other the inquiry; and board appointed under this section shall make a members of the immediate family, and to any ‘‘(ii) has an understanding of and expertise in recommendation to the commander who ap- other previously designated person of the miss- the official activities of one or more such per- pointed the board as to the appropriate deter- ing person; and sons at the time such person or persons dis- mination of the current whereabouts or status of ‘‘(2) inform each individual referred to in appeared. each person whose whereabouts were covered by paragraph (1) that the United States will con- ‘‘(g) DUTIES OF BOARD.—A board appointed the inquiry. duct a subsequent inquiry into the whereabouts under this section to conduct an inquiry into ‘‘(2)(A) A board may not recommend under or status of the person not earlier than one year the whereabouts or status of a person shall— paragraph (1) that a person be declared dead after the date of the first official notice of the ‘‘(1) review the report under subsection (i) of unless the board determines that the evidence disappearance of the person, unless information before it established conclusive proof of the section 1503 of this title of the board appointed becomes available sooner that would result in a to conduct the inquiry into the status or where- death of the person. substantial change in the official status of the ‘‘(B) In this paragraph, the term ‘conclusive abouts of the person under section 1503 of this person. proof of death’ means evidence establishing that title and the recommendation under subsection death is the only credible explanation for the ‘‘§ 1504. Subsequent inquiry (j)(3) of that section of the commander who ap- pointed the board under that subsection as to absence of the person. ‘‘(a) ADDITIONAL BOARD.—If information on ‘‘(i) REPORT.—(1) A board appointed under the whereabouts or status of a person covered the status of the person; this section shall submit to the commander who by an inquiry under section 1503 of this title be- ‘‘(2) collect and evaluate any document, fact, appointed it a report on the inquiry carried out comes available within one year after the date or other evidence with respect to the where- by the board. The report shall include— of the submission of the report submitted under abouts or status of the person that has become ‘‘(A) a discussion of the facts and evidence section 1502 of this title, the Secretary of De- available since the completion of the inquiry considered by the board in the inquiry; fense, acting through the head of the office es- under section 1503 of this title; ‘‘(B) the recommendation of the board under tablished under section 1501(a) of this title, shall ‘‘(3) draw conclusions as to the whereabouts subsection (h) with respect to each person cov- appoint a board under this section to conduct or status of the person; ered by the report; and an inquiry into the information. ‘‘(C) disclosure of whether classified docu- ‘‘(4) determine on the basis of the activities ‘‘(b) AUTHORITY FOR INQUIRY.—The Secretary ments and information were reviewed by the under paragraphs (1) and (2) whether the status of Defense may delegate authority over such of the person should be continued or changed; board or were otherwise used by the board in subsequent inquiry to the Secretary concerned. forming recommendations under subparagraph and ‘‘(c) SECRETARY CONCERNED.—In this section, (B). ‘‘(5) submit to the Secretary of Defense a re- the term ‘Secretary concerned’ includes, in the ‘‘(2) A report submitted under this subsection port describing the findings and conclusions of case of a civilian employee of the Department of may not be made public until one year after the the board, together with a recommendation for a Defense or contractor of the Department of De- date on which the report is submitted. determination by the Secretary concerning the fense, the Secretary of the military department ‘‘(j) ACTIONS BY REGIONAL COMMANDER.—(1) whereabouts or status of the person. or head of the agency employing the employee Not later than 15 days after the date of the re- ‘‘(h) COUNSEL FOR MISSING PERSONS.—(1) ceipt of a report under subsection (i), the com- or contracting with the contractor, as the case may be. When the Secretary appoints a board to conduct mander who appointed the board shall review— an inquiry under this section, the Secretary ‘‘(d) DATE OF APPOINTMENT.—The Secretary ‘‘(A) the report; and shall appoint counsel to represent each person ‘‘(B) the review of that report submitted under shall appoint a board under this section to con- covered by the inquiry. subsection (f)(4) by the missing person’s counsel. duct an inquiry into the whereabouts and status ‘‘(2) In reviewing a report under paragraph of a missing person on or about one year after ‘‘(2) A person appointed as counsel under this (1), the commander receiving the report shall de- the date of the report concerning that person subsection shall meet the qualifications and termine whether or not the report is complete submitted under section 1502 of this title. have the duties set forth in section 1503(f) of and free of administrative error. If the com- ‘‘(e) COMBINED INQUIRIES.—If it appears to this title for a missing person’s counsel ap- mander determines that the report is incomplete, the Secretary that the absence or status of two pointed under that section. or that the report is not free of administrative or more persons is factually related, the Sec- ‘‘(3) The review of the report of a board on an error, the commander may return the report to retary may appoint one board under this section inquiry that is submitted by such counsel shall the board for further action on the report by the to conduct the inquiry into the whereabouts or be made an official part of the record of the board. status of all such persons. board with respect to the inquiry. H 5830 CONGRESSIONAL RECORD — HOUSE June 13, 1995

‘‘(i) ATTENDANCE OF FAMILY MEMBERS AND tion, the classified information shall be made ‘‘(2) Subject to paragraph (4), the Secretary CERTAIN OTHER INTERESTED PERSONS AT PRO- available only to president of the board making shall appoint a board to conduct an inquiry CEEDINGS.—(1) With respect to any person cov- the request and the counsel for the missing per- with respect to a person under this subsection— ered by an inquiry under this section, the pri- son appointed under subsection (f). ‘‘(A) on or about three years after the date of mary next of kin, other members of the imme- ‘‘(B) The president of a board shall close to the official notice of the disappearance of the diate family, and any other previously des- persons who do not have appropriate security person; and ignated persons of the missing person may at- clearances the proceeding of the board at which ‘‘(B) not later than every three years there- tend the proceedings of the board during the in- classified information is discussed. Participants after. quiry in accordance with this section. at a proceeding of a board at which classified ‘‘(3) In addition to appointment of boards ‘‘(2) The Secretary shall notify each individ- information is discussed shall comply with all under paragraph (2), the Secretary shall ap- ual referred to in paragraph (1) of the oppor- applicable laws and regulations relating to the point a board to conduct an inquiry with re- tunity to attend the proceedings of a board. disclosure of classified information. The Sec- spect to a person under this subsection upon re- Such notice shall be provided not less than 60 retary concerned shall assist the president of a ceipt of information that could result in a days before the first meeting of the board. board in ensuring that classified information is change or revision of status of a missing person. ‘‘(3) An individual who receives a notice not compromised through board proceedings. Whenever the Secretary appoints a board under under paragraph (2) shall notify the Secretary ‘‘(k) RECOMMENDATION ON STATUS.—(1) Upon this paragraph, the time for subsequent appoint- of the intent, if any, of that individual to attend completion of an inquiry under this subsection, ments of a board under paragraph (2)(B) shall the proceedings of the board not less than 21 a board shall make a recommendation as to the be determined from the date of the receipt of days after the date on which the individual re- current whereabouts or status of each missing such information. ceives the notice. person covered by the inquiry. ‘‘(4) The Secretary is not required to appoint ‘‘(4) Each individual who notifies the Sec- ‘‘(2) A board may not recommend under para- a board under paragraph (2) with respect to the retary under paragraph (3) of the individual’s graph (1) that a person be declared dead un- disappearance of any person— intent to attend the proceedings of the board— less— ‘‘(A) more than 20 years after the initial re- ‘‘(A) in the case of an individual who is the ‘‘(A) proof of death is established by the port under section 1502 of this title of the dis- primary next of kin or another member of the board; and appearance of that person; or immediate family of a missing person whose sta- ‘‘(B) in making the recommendation, the ‘‘(B) if, before the end of such 20-year period, tus is a subject of the inquiry and whose receipt board complies with section 1507 of this title. the missing person is accounted for. ‘‘(b) CONDUCT OF PROCEEDINGS.—The ap- of the pay or allowances (including allotments) ‘‘(l) REPORT.—A board appointed under this pointment of, and activities before, a board ap- of the missing person could be reduced or termi- section shall submit to the Secretary of Defense pointed under this section shall be governed by nated as a result of a revision in the status of a report on the inquiry carried out by the board, the provisions of section 1504 of this title with the missing person, may attend the proceedings together with the evidence considered by the respect to a board appointed under that section. of the board with private counsel; board during the inquiry. The report may in- ‘‘(B) shall have access to the personnel file of clude a classified annex. ‘‘§ 1506. Personnel files the missing person, to unclassified reports (if ‘‘(m) ACTIONS BY SECRETARY.—(1) Not later ‘‘(a) INFORMATION IN FILES.—Except as pro- any) of the board appointed under section 1503 than 30 days after the receipt of a report from vided in subsection (b), the Secretary of the de- of this title to conduct the inquiry into the a board under subsection (k), the Secretary partment having jurisdiction over a missing per- whereabouts and status of the person, and to shall review— son at the time of the person’s disappearance any other unclassified information or documents ‘‘(A) the report; shall, to the maximum extent practicable, ensure relating to the whereabouts and status of the ‘‘(B) the review of the report submitted to the that the personnel file of the person contains all person; Secretary under subsection (f)(3) by the counsel information in the possession of the United ‘‘(C) shall be afforded the opportunity to for each person covered by the report; and States relating to the disappearance and where- present information at the proceedings of the ‘‘(C) the objections, if any, to the report sub- abouts or status of the person. board that such individual considers to be rel- mitted to the president of the board under sub- ‘‘(b) CLASSIFIED INFORMATION.—(1) The Sec- evant to those proceedings; and section (g)(6). retary concerned may withhold classified infor- ‘‘(D) subject to paragraph (5), shall be given ‘‘(2) In reviewing a report under paragraph mation from a personnel file under this section. the opportunity to submit in writing objection to (1) (including the review and objections de- ‘‘(2) If the Secretary concerned withholds any recommendation of the board under sub- scribed in subparagraphs (A) and (B) of that classified information from the personnel file of section (k) as to the status of the missing per- paragraph), the Secretary shall determine a person, the Secretary shall ensure that the file son. whether or not the report is complete and free of contains the following: ‘‘(5) Objections under paragraph (4)(D) to any administrative error. If the Secretary determines ‘‘(A) A notice that the withheld information recommendation of the board shall be submitted that the report is incomplete, or that the report exists. ‘‘(B) A notice of the date of the most recent to the president of the board not later than 24 is not free of administrative error, the Secretary review of the classification of the withheld in- hours after the date on which the recommenda- may return the report to the board for further formation. tions are made. The president shall include any action on the report by the board. ‘‘(c) WRONGFUL WITHHOLDING.—Any person such objections in the report of the board under ‘‘(3) Upon a determination by the Secretary who knowingly and willfully withholds from the subsection (k). that a report reviewed under this subsection is personnel file of a missing person any informa- ‘‘(6) An individual referred to in paragraph complete and free of administrative error, the tion (other than classified information) relating (1) who attends the proceedings of a board Secretary shall make a determination concern- to the disappearance or whereabouts or status under this subsection shall not be entitled to re- ing the status of each person covered by the re- of a missing person shall be fined as provided in imbursement by the United States for any costs port. title 18 or imprisoned not more than one year, or (including travel, lodging, meals, local transpor- ‘‘(n) REPORT TO FAMILY MEMBERS AND OTHER both. tation, legal fees, transcription costs, witness ex- INTERESTED PERSONS.—Not later than 90 days ‘‘(d) AVAILABILITY OF INFORMATION.—The penses, and other expenses) incurred by that in- after the date on which a board submits a report dividual in attending such proceedings. Secretary concerned shall, upon request, make on a person under subsection (l), the Secretary available the contents of the personnel file of a ‘‘(j) AVAILABILITY OF INFORMATION TO of Defense shall— BOARDS.—(1) In conducting proceedings in an missing person to the missing person’s primary ‘‘(1) with respect to each missing person whose next of kin, the other members of the missing inquiry under this section, a board may secure status or whereabouts are covered by the report, directly from any department or agency of the person’s immediate family, or any other pre- provide an unclassified summary of the report to viously designated person of the missing person. United States any information that the board the primary next of kin, the other members of considers necessary in order to conduct the pro- the immediate family, and any other previously ‘‘§ 1507. Recommendation of status of death ceedings. designated person; and ‘‘(a) REQUIREMENTS RELATING TO REC- ‘‘(2) Upon written request from the president ‘‘(2) in the case of a person who continues to OMMENDATION.—A board appointed under sec- of a board, the head of a department or agency be in a missing status, inform each individual tion 1504 or 1505 of this title may not recommend of the United States shall release information referred to in paragraph (1) that the United that a person be declared dead unless— covered by the request to the board. In releasing States will conduct a further investigation into ‘‘(1) credible evidence exists to suggest that such information, the head of the department or the whereabouts or status of the person not the person is dead; agency shall— later than three years after the date of the offi- ‘‘(2) the United States possesses no credible ‘‘(A) declassify to an appropriate degree clas- cial notice of the disappearance of the person, evidence that suggests that the person is alive; ‘‘(3) representatives of the United States have sified information; or unless information becomes available within ‘‘(B) release the information in a manner not made a complete search of the area where the that time that would result in a substantial requiring the removal of markings indicating the person was last seen (unless, after making a change in the official status of the person. classified nature of the information. good faith effort to obtain access to such area, ‘‘(3)(A) If a request for information under ‘‘§ 1505. Further review such representatives are not granted such ac- paragraph (2) covers classified information that ‘‘(a) SUBSEQUENT REVIEW.—(1) The Secretary cess); and cannot be declassified, cannot be removed before shall conduct subsequent inquiries into the ‘‘(4) representatives of the United States have release from the information covered by the re- whereabouts or status of any person determined examined the records of the government or en- quest, or cannot be summarized in a manner by the Secretary under section 1504 of this title tity having control over the area where the per- that prevents the release of classified informa- to be in a missing status. son was last seen (unless, after making a good June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5831 faith effort to obtain access to such records, or administrative entity, or the power of any (3) Section 553 is amended— such representatives are not granted such ac- court or administrative entity of any political (A) in subsection (f), by inserting ‘‘under cess). subdivision thereof, to find or declare a person chapter 76 of title 10’’ after ‘‘When the Sec- ‘‘(b) SUBMITTAL OF INFORMATION ON DEATH.— dead for purposes of such State or political sub- retary concerned’’; If a board appointed under section 1504 or 1505 division. (B) in subsection (f), by striking out ‘‘the Sec- of this title makes a recommendation that a ‘‘§ 1511. Definitions retary concerned receives evidence’’ and insert- missing person be declared dead, the board shall ing in lieu thereof ‘‘a board convened under ‘‘In this chapter: include in the report of the board with respect chapter 76 of title 10 reports’’; and ‘‘(1) The term ‘missing person’ means— (C) in subsection (g), by striking out ‘‘section to the person under such section the following: ‘‘(A) a member of the armed forces on active ‘‘(1) A detailed description of the location 555 of this title’’ and inserting ‘‘chapter 76 of duty who is missing; or title 10’’. where the death occurred. ‘‘(B) a civilian employee of the Department of ‘‘(2) A statement of the date on which the (4) Section 556 is amended— Defense or of a contractor of the Department of (A) in subsection (a)— death occurred. Defense who is serving with or accompanying ‘‘(3) A description of the location of the body, (i) by striking paragraphs (1), (5), (6), and (7) an armed force under orders and who is missing. and redesignating paragraphs (2), (3), and (4) as if recovered. ‘‘(2) The term ‘missing status’ means the sta- ‘‘(4) If the body has been recovered and is not paragraphs (1), (2), and (3), respectively; tus of a missing person who is determined to be (ii) by inserting ‘‘and’’ at the end of para- identifiable through visual means, a certifi- absent in a status of— cation by a practitioner of an appropriate foren- graph (2), as so redesignated; and ‘‘(A) missing; (iii) by striking out the semicolon at the end sic science that the body recovered is that of the ‘‘(B) missing in action; missing person. of paragraph (3), as so redesignated, and insert- ‘‘(C) interned in a foreign country; ing in lieu thereof a period; ‘‘§ 1508. Persons previously declared dead ‘‘(D) captured, beleaguered, or besieged by a (B) by striking out subsection (b) and redesig- ‘‘(a) REVIEW OF STATUS.—(1) Not later than hostile force; or nating subsections (c), (d), (e), (f), (g), and (h) three years after the date of the enactment of ‘‘(E) detained in a foreign country against as subsections (b), (c), (d), (e), (f), and (g), re- this chapter, a person referred to in paragraph that person’s will. spectively; and (2) may submit to the Secretary of Defense a re- ‘‘(3) The term ‘accounted for’, with respect to (C) in subsection (g), as so redesignated— quest for appointment by the Secretary of a a person in a missing status, means that the (i) by striking out the second sentence; and board to review the status of a person previously person is returned to United States control alive, (ii) by striking out ‘‘status’’ and inserting in declared dead, in a case in which the death is that the remains of the person are returned to lieu thereof ‘‘pay’’. declared to have occurred on or after January 1, the United States, or that credible evidence ex- (5) Section 557(a)(1) is amended by striking 1950. ists to support another determination of the per- out ‘‘, 553, and 555’’ and inserting in lieu there- ‘‘(2) A board shall be appointed under this son’s status. of ‘‘and 553’’. section with respect to the death of any person ‘‘(4) The term ‘primary next of kin’, in the (6) Section 559(b)(4)(B) is amended by striking based on the request of any of the following per- case of a missing person, means— out ‘‘section 556(f)’’ and inserting in lieu thereof sons: ‘‘(A) the principal individual who, but for the ‘‘section 556(e)’’. ‘‘(A) An adult member of the immediate family status of the person, would receive financial (d) DESIGNATION OF INDIVIDUALS HAVING IN- of the person previously declared dead. support from the person; or TEREST IN STATUS OF SERVICE MEMBERS.—(1) ‘‘(B) An adult dependent of such person. ‘‘(B) in the case of a missing person for whom Chapter 37 of title 10, United States Code, is ‘‘(C) The primary next of kin of such person. there is no individual described in subparagraph amended by adding at the end the following ‘‘(D) A person previously designated by such (A), the family member or other individual des- new section: person. ignated by the missing person to receive a death ‘‘§ 655. Designation of persons having interest ‘‘(3) A request under this paragraph shall be gratuity. in status of missing persons submitted to the Secretary of the department of ‘‘(5) The term ‘member of the immediate fam- ‘‘(a) The Secretary concerned shall, upon the the United States that had jurisdiction over the ily’, in the case of a missing person, means the enlistment or appointment of a person in the person covered by the request at the time of the spouse or a child, parent, or sibling of the per- Army, Navy, Air Force, or Marine Corps, re- person’s disappearance. son. quire that the person specify in writing the per- ‘‘(b) APPOINTMENT OF BOARD.—Upon request ‘‘(6) The term ‘previously designated person’, son or persons, if any, to whom information on of a person under subsection (a), the Secretary in the case of a missing person, means an indi- the whereabouts or status of the member shall of Defense shall appoint a board to review the vidual (other than an individual who is a mem- be provided if such whereabouts or status are status of the person covered by the request. ber of the immediate family of the missing per- investigated under chapter 76 of this title. The ‘‘(c) DUTIES OF BOARD.—A board appointed son) designated by the missing person under sec- Secretary shall periodically, and whenever the under this section to review the status of a per- tion 655 of this title for purposes of this chapter. member is deployed as part of a contingency op- son shall— ‘‘(7) The term ‘classified information’ means eration or in other circumstances specified by ‘‘(1) conduct an investigation to determine the any information the unauthorized disclosure of the Secretary, require that such designation be status of the person; and which (as determined under applicable law and reconfirmed, or modified, by the member. ‘‘(2) issue a report describing the findings of regulations) could reasonably be expected to ‘‘(b) The Secretary concerned shall, upon the the board under the investigation and the rec- damage the national security. request of a member, permit the member to revise ommendations of the board as to the status of ‘‘(8) The term ‘State’ includes the District of the person or persons specified by the member the person. Columbia, the Commonwealth of Puerto Rico, under subsection (a) at any time. Any such revi- ‘‘(d) EFFECT OF CHANGE IN STATUS.—If a and any territory or possession of the United sion shall be in writing.’’. board appointed under this section recommends States.’’. (2) The table of sections at the beginning of placing in a missing status a person previously (2) The tables of chapters at the beginning of such chapter is amended by adding at the end declared dead, such person shall accrue no pay subtitle A, and at the beginning of part II of the following new item: or allowances as a result of the placement of the subtitle A, of title 10, United States Code, are ‘‘655. Designation of persons having interest in person in such status. amended by inserting after the item relating to status of missing persons.’’. chapter 75 the following new item: ‘‘§ 1509. Return alive of person declared miss- SEC. 564. NOMINATIONS TO SERVICE ACADEMIES ing or dead ‘‘76. Missing Persons ...... 1501’’. FROM COMMONWEALTH OF THE (c) CONFORMING AMENDMENTS.—Chapter 10 of ‘‘(a) PAY AND ALLOWANCES.—Any person in a NORTHERN MARIANAS ISLANDS. missing status or declared dead under the Miss- title 37, United States Code, is amended as fol- (a) MILITARY ACADEMY.—Section 4342(a) of ing Persons Act of 1942 (56 Stat. 143) or by a lows: title 10, United States Code, is amended by in- board appointed under this chapter who is (1)(A) Section 555 is repealed. serting after paragraph (9) the following new (B) The table of sections at the beginning of found alive and returned to the control of the paragraph: such chapter is amended by striking out the item United States shall be paid for the full time of ‘‘(10) One cadet from the Commonwealth of relating to section 555. the absence of the person while given that sta- the Northern Marianas Islands, nominated by (2) Section 552 is amended— tus or declared dead under the law and regula- the resident representative from the common- (A) in subsection (a), by striking out ‘‘for all tions relating to the pay and allowances of per- wealth.’’. purposes,’’ in the second sentence of the flush sons returning from a missing status. (b) NAVAL ACADEMY.—Section 6954(a) of title matter following paragraph (2) and all that fol- 10, United States Code, is amended by inserting ‘‘(b) EFFECT ON GRATUITIES PAID AS A RESULT lows through the end of the sentence and insert- after paragraph (9) the following new para- OF STATUS.—Subsection (a) shall not be inter- ing in lieu thereof ‘‘for all purposes.’’; preted to invalidate or otherwise affect the re- graph: (B) in subsection (b), by striking out para- ‘‘(10) One from the Commonwealth of the ceipt by any person of a death gratuity or other graph (2) and inserting in lieu thereof the fol- Northern Marianas Islands, nominated by the payment from the United States on behalf of a lowing: resident representative from the common- person referred to in subsection (a) before the ‘‘(2) that his death is determined under chap- wealth.’’. date of the enactment of this chapter. ter 76 title 10.’’; and (c) AIR FORCE ACADEMY.—Section 9342(a) of ‘‘§ 1510. Effect on State law (C) in subsection (e), by striking out ‘‘section title 10, United States Code, is amended by in- ‘‘Nothing in this chapter shall be construed to 555 of this title’’ and inserting in lieu thereof serting after paragraph (9) the following new invalidate or limit the power of any State court ‘‘chapter 76 of title 10’’. paragraph: H 5832 CONGRESSIONAL RECORD — HOUSE June 13, 1995 ‘‘(10) One cadet from the Commonwealth of present at their permanent duty station, reside ‘‘(A) An amount equal to the difference be- the Northern Marianas Islands, nominated by without dependents in Government quarters, the tween— the resident representative from the common- Secretary concerned may not provide a basic al- ‘‘(i) the median monthly cost of housing in wealth.’’. lowance for subsistence to more than 12 percent that area for members of the uniformed services SEC. 565. REPORT ON THE CONSISTENCY OF RE- of such members under the jurisdiction of the serving in the same pay grade and with the PORTING OF FINGERPRINT CARDS Secretary concerned. The Secretary concerned same dependency status as that member; and AND FINAL DISPOSITION FORMS TO may exceed such percentage during a fiscal year ‘‘(ii) 80 percent of the median monthly cost of THE FEDERAL BUREAU OF INVES- if the Secretary determines that compliance housing in the United States for members of the TIGATION. would increase costs to the Government, would uniformed services serving in the same pay (a) REPORT.—The Secretary of Defense shall impose financial hardships on members other- grade and with the same dependency status as submit to Congress a report on the consistency wise entitled to a basic allowance for subsist- that member. with which fingerprint cards and final disposi- ence, or would reduce the quality of life for such ‘‘(B) An amount determined by the Secretary tion forms, as described in Criminal Investiga- members. This paragraph shall not apply to of Defense as the minimum necessary to meet tions Policy Memorandum 10 issued by the De- members described in the first sentence when the the cost of adequate housing in that area, as de- termined by the Secretary, for all residents in fense Inspector General on March 25, 1987, are members are not residing at their permanent that area with an appropriate income level se- reported by the Defense Criminal Investigative duty station. The percentage limitation specified lected by the Secretary.’’. Organizations to the Federal Bureau of Inves- in this paragraph shall be achieved as soon as tigation for inclusion in the Bureau’s criminal (b) LIMITATION ON REDUCTION IN VHA.—Para- possible after the date of the enactment of this graph (3) of such subsection is amended by add- history identification files. paragraph, but in no case later than September (b) MATTERS TO BE INCLUDED.—In the report, ing at the end the following new sentence: 30, 1996.’’. the Secretary shall— ‘‘However, on and after January 1, 1996, the (b) STYLISTIC AMENDMENTS.—Such subsection (1) survey fingerprint cards and final disposi- monthly amount of a variable housing allow- is further amended— ance under this section for a member of a uni- tion forms filled out in the past 24 months by (1) by redesignating paragraphs (1), (2), and formed service with respect to an area may not each investigative organization; (3) as subparagraphs (A), (B), and (C); be reduced so long as the member retains unin- (2) compare the fingerprint cards and final (2) by inserting ‘‘(1)’’ after ‘‘(b)’’; disposition forms filled out to all judicial and (3) by designating the second sentence as terrupted eligibility to receive a variable housing nonjudicial procedures initiated as a result of paragraph (2); and allowance within that area and the member’s actions taken by each investigative service in (4) by designating the fifth sentence as para- certified housing costs are not reduced, as indi- the past 24 months; graph (3). cated by certifications provided by the member (3) account for any discrepancies between the (c) CONFORMING AMENDMENTS.—(1) Sub- under subsection (b)(4).’’. FFECT ON TOTAL AMOUNT AVAILABLE FOR forms filled out and the judicial and nonjudicial section (e) of such section is amended— (c) E procedures initiated; (A) in paragraph (1), by striking out ‘‘the VHA.—Subsection (d)(3) of such section is (4) compare the fingerprint cards and final third sentence of subsection (b)’’ and inserting amended by inserting after the first sentence the disposition forms filled out with the information in lieu thereof ‘‘subsection (b)(2)’’; and following new sentence: ‘‘In addition, the total held by the Federal Bureau of Investigation (B) in paragraph (2), by striking out ‘‘sub- amount determined under paragraph (1) shall be criminal history identification files; section (b)’’ and inserting in lieu thereof ‘‘sub- adjusted to ensure that sufficient amounts are (5) identify any weaknesses in the collection section (b)(2)’’. available to allow payment of any additional of fingerprint cards and final disposition forms (2) Section 1012 of title 37, United States Code, variable housing allowance necessary as a re- and in the reporting of that information to the is amended by striking out ‘‘the last sentence of sult of paragraph (1)(B) and the requirements of Federal Bureau of Investigation; and section 402(b)’’ and inserting in lieu thereof the second sentence of paragraph (3).’’ (d) CONFORMING AMENDMENTS.—Subsection (6) determine whether or not other law en- ‘‘section 402(b)(3)’’. (c) of such section is further amended— forcement activities of the military services col- (d) REPORT REQUIRED.—Not later than March (1) in paragraph (3), as amended by sub- lect and report such information or, if not, 31, 1996, the Secretary of Defense shall submit to section (b), by striking out ‘‘this subsection’’ should collect and report such information. Congress a report identifying, for the Army, and inserting in lieu thereof ‘‘paragraph (1)(A) (c) SUBMISSION OF REPORT.—The report shall Navy, Air Force, and the Marine Corps— or minimum levels of variable housing allow- be submitted not later than 180 days after the (1) the number of members without dependents date of the enactment of this Act. ances under paragraph (1)(B)’’; and who reside in Government quarters at their per- (2) in paragraph (5), by inserting ‘‘or mini- (d) DEFINITION.—For the purposes of this sec- manent duty stations and receive a basic allow- mum levels of variable housing allowances’’ tion, the term ‘‘criminal history identification ance for subsistence under section 402 of title 37, files’’, with respect to the Federal Bureau of In- after ‘‘costs of housing’’. United States Code; (e) DELAYED IMPLEMENTATION OF MINIMUM vestigation, means the criminal history record (2) such number as a percentage of the total AMOUNTS OF VHA.—Subsection (c)(1)(B) of sec- system maintained by the Federal Bureau of In- number of members without dependents who re- tion 403a of title 37, United States Code, as vestigation based on fingerprint identification side in Government quarters; added by subsection (a), shall be used to deter- and any other method of positive identification. (3) a recommended maximum percentage of mine the monthly amount of a variable housing TITLE VI—COMPENSATION AND OTHER members without dependents who reside in Gov- allowance under such section for members of the PERSONNEL BENEFITS ernment quarters at their permanent duty sta- uniformed services only for months beginning Subtitle A—Pay and Allowances tion and should receive a basic allowance for after June 30, 1996. subsistence; and (f) REPORT ON IMPLEMENTATION.—Not later SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR (4) the reasons such maximum percentage was 1996. than June 1, 1996, the Secretary of Defense shall selected. (a) WAIVER OF SECTION 1009 ADJUSTMENT.— submit to Congress a report describing the proce- Any adjustment required by section 1009 of title SEC. 603. AUTHORIZATION OF PAYMENT OF BASIC dures to be used to implement the amendments ALLOWANCE FOR QUARTERS TO AD- 37, United States Code, in elements of compensa- made by this section and the costs of such DITIONAL MEMBERS ASSIGNED TO amendments. tion of members of the uniformed services to be- SEA DUTY. SEC. 605. CLARIFICATION OF LIMITATION ON RE- come effective during fiscal year 1996 shall not (a) EXPANSION OF ELIGIBLE MEMBERS.—Sec- be made. CEIPT OF FAMILY SEPARATION AL- tion 403(c)(2) of title 37, United States Code, is LOWANCE. (b) INCREASE IN BASIC PAY AND BAS.—Effec- amended— Section 427(b)(4) of title 37, United States tive on January 1, 1996, the rates of basic pay (1) in the first sentence, by striking out ‘‘E–7’’ and basic allowance for subsistence of members Code, is amended by inserting before the period and inserting in lieu thereof ‘‘E–6’’; and at the end of the first sentence the following: of the uniformed services are increased by 2.4 (2) in the second sentence, by striking out ‘‘E– percent. ‘‘unless such entitlement is based on paragraph 6’’ and inserting in lieu thereof ‘‘E–5’’. (1)(B)’’. (c) INCREASE IN BAQ.—Effective on January (b) EFFECTIVE DATE.—The amendments made 1, 1996, the rates of basic allowance for quarters by subsection (a) shall take effect on July 1, Subtitle B—Bonuses and Special and of members of the uniformed services are in- 1996. Incentive Pays creased by 5.2 percent. SEC. 604. ESTABLISHMENT OF MINIMUM SEC. 611. EXTENSION OF CERTAIN BONUSES FOR (d) UNIFORMED SERVICES DEFINED.—For pur- AMOUNTS OF VARIABLE HOUSING RESERVE FORCES. poses of this section, the term ‘‘uniformed serv- ALLOWANCE FOR HIGH HOUSING (a) SELECTED RESERVE REENLISTMENT ices’’ does not include the National Oceanic and COST AREAS AND ADDITIONAL LIMI- BONUS.—Section 308b(f) of title 37, United States Atmospheric Administration. TATION ON REDUCTION OF ALLOW- Code, is amended by striking out ‘‘September 30, SEC. 602. LIMITATION ON BASIC ALLOWANCE FOR ANCE FOR CERTAIN MEMBERS. 1996’’ and inserting in lieu thereof ‘‘September SUBSISTENCE FOR MEMBERS WITH- (a) MINIMUM AMOUNTS OF VHA.—Subsection 30, 1998’’. OUT DEPENDENTS RESIDING IN (c) of section 403a of title 37, United States (b) SELECTED RESERVE ENLISTMENT BONUS.— GOVERNMENT QUARTERS. Code, is amended by striking out paragraph (1) Section 308c(e) of such title is amended by strik- (a) PERCENTAGE LIMITATION.—Subsection (b) and inserting in lieu thereof the following new ing out ‘‘September 30, 1996’’ and inserting in of section 402 of title 37, United States Code, is paragraph: lieu thereof ‘‘September 30, 1998’’. amended by adding after the last sentence the ‘‘(1) The monthly amount of a variable hous- (c) SELECTED RESERVE AFFILIATION BONUS.— following new paragraph: ing allowance under this section for a member of Section 308e(e) of such title is amended by strik- ‘‘(4) In the case of members of the Army, a uniformed service with respect to an area is ing out ‘‘September 30, 1996’’ and inserting in Navy, Air Force, or Marine Corps who, when equal to the greater of the following: lieu thereof ‘‘September 30, 1998’’. June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5833

(d) READY RESERVE ENLISTMENT AND REEN- than three years, beginning on the date the offi- gible for special duty assignment pay under this LISTMENT BONUS.—Section 308h(g) of such title cer accepts the award of special pay under this subsection on account of such duty, the Sec- is amended by striking out ‘‘September 30, 1996’’ section, may be paid special pay at an annual retary concerned may increase the monthly rate and inserting in lieu thereof ‘‘September 30, rate not to exceed $10,000. of special duty assignment pay for the member 1998’’. ‘‘(b) ELIGIBLE OFFICERS.—An officer referred to not more than $375.’’. (e) PRIOR SERVICE ENLISTMENT BONUS.—Sec- to in subsection (a) is an officer in a health care (b) EFFECTIVE DATE.—The amendment made tion 308i(i) of such title is amended by striking profession who is qualified in a specialty des- by subsection (a) shall take effect on January 1, out ‘‘September 30, 1996’’ and inserting in lieu ignated by regulations as a critically short war- 1996. thereof ‘‘September 30, 1998’’. time specialty. Subtitle C—Travel and Transportation SEC. 612. EXTENSION OF CERTAIN BONUSES AND ‘‘(c) TIME FOR PAYMENT.—Special pay under Allowances SPECIAL PAY FOR NURSE OFFICER this section shall be paid annually at the begin- SEC. 621. AUTHORIZATION OF RETURN TO UNIT- CANDIDATES, REGISTERED NURSES, ning of each twelve-month period for which the ED STATES OF FORMERLY DEPEND- AND NURSE ANESTHETISTS. officer has agreed to serve. ENT CHILDREN OF MEMBERS. (a) NURSE OFFICER CANDIDATE ACCESSION ‘‘(d) REFUND REQUIREMENT.—An officer who (a) RETURN AT GOVERNMENT EXPENSE.—Sec- PROGRAM.—Section 2130a(a)(1) of title 10, Unit- voluntarily terminates service in the Selected tion 406(h)(1) of title 37, United States Code, is ed States Code, is amended by striking out ‘‘Sep- Reserve of an armed force before the end of the amended in the last sentence— tember 30, 1996’’ and inserting in lieu thereof period for which a payment was made to such (1) by striking out ‘‘who became 21 years of officer under this section shall refund to the ‘‘September 30, 1998’’. age’’ and inserting in lieu thereof ‘‘who, by rea- CCESSION BONUS FOR REGISTERED United States the full amount of the payment (b) A son of age or graduation from (or cessation of NURSES.—Section 302d(a)(1) of title 37, United made for the period on which the payment was enrollment in) an institution of higher edu- States Code, is amended by striking out ‘‘Sep- based. cation, would otherwise cease to be a dependent tember 30, 1996’’ and inserting in lieu thereof ‘‘(e) INAPPLICABILITY OF DISCHARGE IN BANK- of the member’’; and RUPTCY.—A discharge in bankruptcy under title ‘‘September 30, 1998’’. (2) by inserting ‘‘still’’ after ‘‘shall’’. (c) INCENTIVE SPECIAL PAY FOR NURSE ANES- 11 that is entered less than five years after the (b) EFFECTIVE DATE.—The amendments made termination of an agreement under this section THETISTS.—Section 302e(a)(1) of title 37, United by this section shall take effect on October 1, does not discharge the person receiving special States Code, is amended by striking out ‘‘Sep- 1995. tember 30, 1996’’ and inserting in lieu thereof pay under the agreement from the debt arising ‘‘September 30, 1998’’. under the agreement. SEC. 622. AUTHORIZATION OF DISLOCATION AL- LOWANCE FOR MOVES IN CONNEC- ‘‘(f) TERMINATION OF AGREEMENT AUTHOR- SEC. 613. EXTENSION OF AUTHORITY RELATING TION WITH BASE REALIGNMENTS TO PAYMENT OF OTHER BONUSES ITY.—No agreement under this section may be AND CLOSURES. entered into after September 30, 1998.’’. AND SPECIAL PAYS. (a) DISLOCATION ALLOWANCE AUTHORIZED.— (2) The table of sections at the beginning of (a) AVIATION OFFICER RETENTION BONUS.— Subsection (a) of section 407 of title 37, United such chapter is amended by inserting after the Section 301b(a) of title 37, United States Code, is States Code, is amended— amended by striking out ‘‘September 30, 1995’’ item relating to section 302f the following new (1) by striking out ‘‘or’’ at the end of para- and inserting in lieu thereof ‘‘September 30, item: graph (3); 1998’’. (2) by striking out the period at the end of (b) REENLISTMENT BONUS FOR ACTIVE MEM- ‘‘302g. Special pay: Selected Reserve health care paragraph (4)(B) and inserting in lieu thereof ‘‘; BERS.—Section 308(g) of such title is amended by professionals in critically short or’’; and striking out ‘‘September 30, 1996’’ and inserting wartime specialties.’’. (3) by inserting after paragraph (4)(B) the fol- in lieu thereof ‘‘September 30, 1998’’. (b) CONFORMING AMENDMENT.—Section 303a lowing new paragraph: (c) ENLISTMENT BONUSES FOR CRITICAL of title 37, United States Code is amended by ‘‘(5) the member’s dependents actually make SKILLS.—Sections 308a(c) and 308f(c) of such striking out ‘‘302, 302a, 302b, 302c, 302d, 302e,’’ an authorized move in connection with the title are each amended by striking out ‘‘Septem- each place it appears and inserting in lieu member’s directed order to move as a result of ber 30, 1996’’ and inserting in lieu thereof ‘‘Sep- thereof ‘‘302 through 302g,’’. the closure or realignment of a military installa- tember 30, 1998’’. (c) CONFORMING REPEAL.—(1) Section 613 of tion.’’. (d) SPECIAL PAY FOR ENLISTED MEMBERS OF the National Defense Authorization Act, Fiscal (b) CONFORMING AMENDMENTS.—Such section THE SELECTED RESERVE ASSIGNED TO CERTAIN Year 1989 (Public Law 100–456; 37 U.S.C. 302 is further amended— HIGH PRIORITY UNITS.—Section 308d(c) of such note) is repealed. (1) in the sentence following subsection title is amended by striking out ‘‘September 30, (2) The repeal of section 613 of the National (a)(4)— 1996’’ and inserting in lieu thereof ‘‘September Defense Authorization Act, Fiscal Year 1989, by (A) by striking out ‘‘clause (3) or (4)(B)’’ and 30, 1998’’. paragraph (1) shall not affect the validity or inserting in lieu thereof ‘‘paragraph (3) or (e) SPECIAL PAY FOR NUCLEAR-QUALIFIED OF- terms of any agreement entered into under such (4)(B)’’; and FICERS EXTENDING PERIOD OF ACTIVE SERV- section before the date of the enactment of this (B) by striking out ‘‘clause (1)’’ and inserting ICE.—Section 312(e) of such title is amended by Act. in lieu thereof ‘‘paragraph (1) or (5)’’; striking out ‘‘September 30, 1996’’ and inserting SEC. 615. CHANGE IN ELIGIBILITY REQUIRE- (2) in subsection (b)— in lieu thereof ‘‘September 30, 1998’’. MENTS FOR CONTINUOUS MONTHLY (A) by striking out ‘‘subsection (a)(3) or (f) NUCLEAR CAREER ACCESSION BONUS.—Sec- AVIATION INCENTIVE PAY. (a)(4)(B)’’ and inserting in lieu thereof ‘‘para- tion 312b(c) of such title is amended by striking (a) LOWER INCENTIVE PAY GATE.—Section graph (3) or (4)(B) of subsection (a)’’; and out ‘‘September 30, 1996’’ and inserting in lieu 301a(a)(4) of title 37, United States Code, is (B) by striking out ‘‘subsection (a)(1)’’ and in- thereof ‘‘September 30, 1998’’. amended by striking out ‘‘9’’ in the first sen- serting in lieu thereof ‘‘paragraph (1) or (5) of (g) NUCLEAR CAREER ANNUAL INCENTIVE tence and inserting in lieu thereof ‘‘8’’. subsection (a)’’. (b) EFFECTIVE DATE.—The amendment made BONUS.—Section 312c(d) of such title is amended Subtitle D—Other Matters by striking out ‘‘October 1, 1996’ and inserting by subsection (a) shall take effect on October 1, in lieu thereof ‘‘October 1, 1998’’. 1995. SEC. 631. ELIMINATION OF UNNECESSARY AN- NUAL REPORTING REQUIREMENTS (h) REPAYMENT OF EDUCATION LOANS FOR SEC. 616. CONTINUOUS ENTITLEMENT TO CA- REGARDING COMPENSATION MAT- CERTAIN HEALTH PROFESSIONALS WHO SERVE IN REER SEA PAY FOR CREWMEMBERS OF SHIPS DESIGNATED AS TENDERS. TERS. THE SELECTED RESERVE.—Section 16302(d) of (a) REPORT ON TRAVEL AND TRANSPORTATION title 10, United States Code, is amended by strik- (a) CONTINUOUS ENTITLEMENT.—Section 305a(d)(1)(A) of title 37, United States Code, is ALLOWANCES FOR DEPENDENTS.—(1) Section 406 ing out ‘‘October 1, 1996’’ and inserting in lieu of title 37, United States Code, is amended— thereof ‘‘October 1, 1998’’. amended— (1) by striking out ‘‘or’’ after ‘‘under way’’ (A) by striking out subsection (i); and SEC. 614. CODIFICATION AND EXTENSION OF SPE- (B) by redesignating subsections (j), (k), (l), CIAL PAY FOR CRITICALLY SHORT and inserting in lieu thereof a comma; and (2) by inserting before the semicolon at the (m), and (n) as subsections (i), (j), (k), (l), and WARTIME HEALTH SPECIALISTS IN (m), respectively. THE SELECTED RESERVES. end the following: ‘‘, or while serving as a mem- (2) Section 2634(d) of title 10, United States (a) SPECIAL PAY AUTHORIZED.—(1) Chapter 5 ber of a tender-class ship (with the hull classi- Code, is amended by striking out ‘‘section 406(l) of title 37, United States Code, is amended by in- fication of submarine or destroyer)’’. of title 37’’ and inserting in lieu thereof ‘‘section serting after section 302f the following new sec- (b) EFFECTIVE DATE.—The amendments made 406(k) of title 37’’. tion: by subsection (a) shall take effect on October 1, 1995. (b) ANNUAL REVIEW OF PAY AND ALLOW- ‘‘§ 302g. Special pay: Selected Reserve health ANCES.—Subsection (a) of section 1008 of title 37, care professionals in critically short war- SEC. 617. INCREASE IN MAXIMUM RATE OF SPE- CIAL DUTY ASSIGNMENT PAY FOR United States Code, is amended to read as fol- time specialties ENLISTED MEMBERS SERVING AS lows: ‘‘(a) SPECIAL PAY AUTHORIZED.—An officer of RECRUITERS. ‘‘(a) Not later than March 31 of each year, the a reserve component of the armed forces de- (a) SPECIAL MAXIMUM RATE FOR RECRUIT- President shall submit to Congress such rec- scribed in subsection (b) who executes a written ERS.—Section 307(a) of title 37, United States ommendations (if any) as the President consid- agreement under which the officer agrees to Code, is amended by adding at the end the fol- ers appropriate for adjustments in the rates of serve in the Selected Reserve of an armed force lowing new sentence: ‘‘In the case of a member pay and allowances authorized by this title for for a period of not less than one year nor more who is serving as a military recruiter and is eli- members of the uniformed services.’’. H 5834 CONGRESSIONAL RECORD — HOUSE June 13, 1995 SEC. 632. STUDY REGARDING JOINT PROCESS ‘‘(3) Each member of the armed forces who in- ‘‘(C) An annual dental screening. FOR DETERMINING LOCATION OF curs or aggravates an injury, illness, or disease ‘‘(D) The dental care identified in an annual RECRUITING STATIONS. in the line of duty while remaining overnight, dental screening as required to ensure that a (a) STUDY REQUIRED.—The Secretary of De- between successive periods of inactive-duty member meets the dental standards required for fense shall conduct a study regarding the fea- training, at or in the vicinity of the site of the deployment in the event of mobilization. sibility of— inactive-duty training, and the site is outside ‘‘(2) The services provided under this sub- (1) using a joint process among the Armed reasonable commuting distance from the mem- section shall be provided at no cost to the mem- Forces for determining the location of recruiting ber’s residence.’’. ber.’’. stations and the number of military personnel (b) RECOVERY, CARE, AND DISPOSITION OF RE- (b) VOLUNTARY DEMONSTRATION PROGRAM TO required to operate such stations; and MAINS.—Section 1481(a)(2) of title 10, United IMPROVE DENTAL READINESS OF SELECTED RE- (2) basing such determinations on market re- States Code, is amended— SERVE.—(1) For members of the Selected Reserve search and analysis conducted jointly by the (1) in subparagraph (C), by striking out ‘‘or’’ who are not covered by subsection (a), the Sec- Armed Forces. at the end of the subparagraph; retary of Defense shall conduct a demonstration (b) REPORT.—Not later than March 31, 1996, (2) by redesignating subparagraph (D) as sub- program to offer such members affordable dental the Secretary of Defense shall submit to Con- paragraph (E); and care for the purpose of ensuring that such mem- gress a report describing the results of the study. (3) by inserting after subparagraph (C) the bers meet the dental standards required for de- The report shall include a recommended method following new subparagraph: ployment in the event of mobilization. The Sec- for measuring the efficiency of individual re- ‘‘(D) remaining overnight, between successive retary shall determine the geographical scope of cruiting stations, such as cost per accession or periods of inactive-duty training, at or in the vi- the demonstration program and the number of other efficiency standard, as determined by the cinity of the site of the inactive-duty training, members of the Selected Reserve who will be in- Secretary. and the site is outside reasonable commuting vited to participate in the program. However, SEC. 633. ELIMINATION OF DISPARITY BETWEEN distance from the member’s residence; or’’. participation in the demonstration program EFFECTIVE DATES FOR MILITARY (c) ENTITLEMENT TO BASIC PAY.—(1) Sub- shall be offered to the members of at least one AND CIVILIAN RETIREE COST-OF-LIV- section (g)(1) of section 204 of title 37, United ground combat maneuver unit of the Selected ING ADJUSTMENTS FOR FISCAL States Code, is amended— Reserve of the Army scheduled for deployment YEAR 1996. (A) in subparagraph (B), by striking out ‘‘or’’ within 90 days after mobilization. (a) IN GENERAL.—The fiscal year 1996 increase at the end of the subparagraph; (2) The Secretary may model the dental dem- in military retired pay shall (notwithstanding (B) in subparagraph (C), by striking out the onstration program after the dependents’ dental subparagraph (B) of section 1401a(b)(2) of title period at the end of the subparagraph and in- program authorized under section 1076a of title 10, United States Code) first be payable as part serting in lieu thereof ‘‘; or’’; and 10, United States Code, except that participants of such retired pay for the month of March 1996. (C) by inserting after subparagraph (C) the in the demonstration program shall be respon- (b) DEFINITIONS.—For the purposes of sub- following new subparagraph: sible for all costs incurred to provide dental care section (a): ‘‘(D) in line of duty while remaining over- under the program. The Secretary shall provide (1) The term ‘‘fiscal year 1996 increase in mili- night, between successive periods of inactive- for allotment or deduction from the military pay tary retired pay’’ means the increase in retired duty training, at or in the vicinity of the site of of participants as a means to pay any premiums pay that, pursuant to paragraph (1) of section the inactive-duty training, and the site is out- required under the demonstration program. 1401a(b) of title 10, United States Code, becomes side reasonable commuting distance from the (3) The authority to carry out the dental dem- effective on December 1, 1995. member’s residence.’’. onstration program under this subsection shall (2) The term ‘‘retired pay’’ includes retainer (2) Subsection (h)(1) of such section is amend- expire on September 30, 1997. pay. ed— (c) EVALUATION OF DEMONSTRATION PRO- (c) LIMITATION.—Subsection (a) shall be effec- (A) in subparagraph (B), by striking out ‘‘or’’ GRAM.—Not later than March 1, 1997, the Sec- tive only if there is appropriated to the Depart- at the end of the subparagraph; retary shall submit to Congress a report evaluat- ment of Defense Military Retirement Fund (in (B) in subparagraph (C), by striking out the ing the success of the dental demonstration pro- an Act making appropriations for the Depart- period at the end of the subparagraph and in- gram conducted under subsection (b) in improv- ment of Defense for fiscal year 1996 that is en- serting in lieu thereof ‘‘; or’’; and ing the dental readiness of the Selected Reserve. acted before March 1, 1996) such amount as is (C) by inserting after subparagraph (C) the The Secretary shall submit a revised report necessary to offset increased outlays to be made following new subparagraph: under this subsection not later than 30 days from that fund during fiscal year 1996 by reason ‘‘(D) in line of duty while remaining over- after the expiration of the demonstration pro- of the provisions of subsection (a). night, between successive periods of inactive- gram. (d) AUTHORIZATION OF APPROPRIATIONS.— duty training, at or in the vicinity of the site of (d) CONFORMING REPEALS.—Sections 1117 and There is authorized to be appropriated for fiscal the inactive-duty training, and the site is out- 1118 of the Army National Guard Combat Readi- year 1996 to the Department of Defense Military side reasonable commuting distance from the ness Reform Act of 1992 (title XI of Public Law Retirement Fund the sum of $403,000,000 to off- member’s residence.’’. 102–484; 10 U.S.C. 3077 note) are repealed. set increased outlays to be made from that fund (d) COMPENSATION FOR INACTIVE-DUTY TRAIN- Subtitle B—TRICARE Program during fiscal year 1996 by reason of the provi- ING.—Section 206(a)(3) of title 37, United States sions of subsection (a). SEC. 711. PRIORITY USE OF MILITARY TREAT- Code, is amended— MENT FACILITIES FOR PERSONS EN- TITLE VII—HEALTH CARE PROVISIONS (1) in subparagraph (A), by striking out ‘‘or’’ ROLLED IN MANAGED CARE INITIA- Subtitle A—Health Care Services at the end of clause (ii); TIVES. (2) in subparagraph (B), by striking out the SEC. 701. MODIFICATION OF REQUIREMENTS RE- Section 1097(c) of title 10, United States Code, GARDING ROUTINE PHYSICAL EX- period at the end of the subparagraph and in- is amended in the third sentence by striking out AMINATIONS AND IMMUNIZATIONS serting in lieu thereof ‘‘; or’’; and ‘‘However, the Secretary may’’ and inserting in UNDER CHAMPUS. (3) by inserting after subparagraph (B) the lieu thereof ‘‘Notwithstanding the preferences Section 1079(a) of title 10, United States Code, following new subparagraph: established by sections 1074(b) and 1076 of this is amended by striking out paragraph (2) and ‘‘(C) in line of duty while remaining over- title, the Secretary shall’’. inserting in lieu thereof the following new para- night, between successive periods of inactive- SEC. 712. STAGGERED PAYMENT OF ENROLLMENT graph: duty training, at or in the vicinity of the site of FEES FOR TRICARE. ‘‘(2) consistent with such regulations as the the inactive-duty training, and the site is out- Section 1097(e) of title 10, United States Code, Secretary of Defense may prescribe regarding side reasonable commuting distance from the is amended by adding at the end the following the content of health promotion and disease pre- member’s residence.’’. new sentence: ‘‘Without imposing additional vention visits, the schedule of pap smears and SEC. 703. MEDICAL AND DENTAL CARE FOR MEM- costs on covered beneficiaries who participate in mammograms, and the types and schedule of im- BERS OF THE SELECTED RESERVE. contracts for health care services under this sec- munizations— (a) MEMBERS OF EARLY DEPLOYING UNITS OF tion or health care plans offered under section ‘‘(A) for dependents under six years of age, THE ARMY SELECTED RESERVE.—Section 1074a of 1099 of this title, the Secretary shall permit such both health promotion and disease prevention title 10, United States Code, is amended— covered beneficiaries to pay, on a monthly or visits and immunizations may be provided; and (1) in subsection (c), by striking out ‘‘this sec- quarterly basis, any enrollment fee required for ‘‘(B) for dependents six years of age or older, tion’’ and inserting in lieu thereof ‘‘subsection such participation.’’. health promotion and disease prevention visits (b)’’; and SEC. 713. REQUIREMENT OF BUDGET NEUTRAL- may be provided in connection with immuniza- (2) by adding at the end the following new ITY FOR TRICARE TO BE BASED ON tions or with diagnostic or preventive pap subsection: ENTIRE PROGRAM. smears and mammograms;’’. ‘‘(d)(1) The Secretary of the Army shall pro- (a) CHANGE IN BUDGET NEUTRALITY REQUIRE- SEC. 702. CORRECTION OF INEQUITIES IN MEDI- vide to members of the Selected Reserve of the MENTS.—Subsection (c) of section 731 of the Na- CAL AND DENTAL CARE AND DEATH Army who are assigned to units scheduled for tional Defense Authorization Act for Fiscal AND DISABILITY BENEFITS FOR CER- deployment within 75 days after mobilization Year 1994 (Public Law 103–160; 10 U.S.C. 1073 TAIN RESERVISTS. the following medical and dental services: note) is amended— (a) MEDICAL AND DENTAL CARE.—Section ‘‘(A) An annual medical screening. (1) by striking out ‘‘each managed health care 1074a(a) of title 10, United States Code, is ‘‘(B) For members who are over 40 years of initiative that includes the option’’ and insert- amended by adding at the end the following age, a full physical examination not less often ing in lieu thereof ‘‘the TRICARE program’’; new paragraph: than once every two years. and June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5835 (2) by striking out ‘‘covered beneficiaries who Health and Medical Program of the Uniformed ficiaries and the potential cost savings to the enroll in the option’’ and inserting in lieu there- Services. Military Health Care Program that could be of ‘‘members of the uniformed services and cov- Subtitle C—Uniformed Services Treatment achieved under such option. ered beneficiaries who participate in the Facilities ‘‘(B) The plan developed under this para- TRICARE program’’. graph shall be consistent with the requirements SEC. 721. LIMITATION ON EXPENDITURES TO (b) ADDITION OF DEFINITION OF TRICARE SUPPORT UNIFORMED SERVICES specified in paragraph (4). If the plan is not PROGRAM.—Subsection (d) of such section is TREATMENT FACILITIES AND LIMI- submitted to Congress by the expiration date of amended to read as follows: TATION ON NUMBER OF PARTICI- the participation agreements entered into under ‘‘(d) DEFINITIONS.—For purposes of this sec- PANTS IN USTF MANAGED CARE this section, the participation agreements shall tion: PLANS. remain in effect, at the option of the Uniformed ‘‘(1) The term ‘covered beneficiary’ means a Subsection (f) of section 1252 of the Depart- Services Treatment Facilities, until the end of beneficiary under chapter 55 of title 10, United ment of Defense Authorization Act, 1984 (42 the 180-day period beginning on the date the States Code, other than a beneficiary under sec- U.S.C. 248d), is amended to read as follows: plan is finally submitted. tion 1074(a) of such title. ‘‘(f) LIMITATION ON EXPENDITURES AND PAR- ‘‘(C) For purposes of this paragraph, the term ‘‘(2) The term ‘TRICARE program’ means the TICIPANTS.—(1) The total amount of expendi- ‘USTF Medicare-eligible beneficiaries’ means managed health care program that is established tures by the Secretary of Defense to carry out covered beneficiaries under chapter 55 of title by the Secretary of Defense under the authority this section and section 911 of the Military Con- 10, United States Code, who are enrolled in a of chapter 55 of title 10, United States Code, struction Authorization Act, 1982 (42 U.S.C. managed health plan offered by the Uniformed principally section 1097 of such title, and in- 248c), for fiscal year 1996 may not exceed Services Treatment Facilities and entitled to cludes the competitive selection of contractors to $300,000,000, adjusted by the Secretary to reflect hospital insurance benefits under part A of title financially underwrite the delivery of health the inflation factor used by the Department of XVIII of the Social Security Act (42 U.S.C. 1395c care services under the Civilian Health and Defense for such year. et seq.).’’. Medical Program of the Uniformed Services.’’. ‘‘(2) During fiscal year 1996, the number of SEC. 724. EQUITABLE IMPLEMENTATION OF UNI- SEC. 714. TRAINING IN HEALTH CARE MANAGE- covered beneficiaries under chapter 55 of title FORM COST SHARING REQUIRE- MENT AND ADMINISTRATION FOR 10, United States Code (including covered bene- MENTS FOR UNIFORMED SERVICES TRICARE LEAD AGENTS. ficiaries described in section 1086(d)(1) of such TREATMENT FACILITIES. (a) PROVISION OF TRAINING.—Not later than title), who are enrolled in managed care plans The uniform managed care benefit fee and six months after the date of the enactment of offered by facilities described in subsection (a) copayment schedule developed by the Secretary this Act, the Secretary of Defense shall imple- and designated under subsection (c) may not ex- of Defense for use in all managed care initia- ment a professional educational program to pro- ceed the number of such covered beneficiaries so tives of the military health service system, in- vide appropriate training in health care man- enrolled as of September 30, 1995.’’. cluding the managed care program of the Uni- agement and administration to each commander SEC. 722. APPLICATION OF FEDERAL ACQUISI- formed Services Treatment Facilities, shall be of a military medical treatment facility of the TION REGULATION TO PARTICIPA- extended to the managed care program of a Uni- Department of Defense who is selected to serve TION AGREEMENTS WITH UNI- formed Services Treatment Facility only upon as a lead agent to coordinate the delivery of FORMED SERVICES TREATMENT FA- the implementation of the TRICARE regional health care by military and civilian providers CILITIES. program covering the service area of the Uni- under the TRICARE program. Section 718(c) of the National Defense Author- formed Services Treatment Facility. (b) TRICARE PROGRAM DEFINED.—For pur- ization Act for Fiscal Year 1991 (Public Law poses of this section, the term ‘‘TRICARE pro- 101–510; 104 Stat. 1587) is amended— Subtitle D—Other Changes to Existing Laws gram’’ means the managed health care program (1) in the second sentence of paragraph (1), by Regarding Health Care Management that is established by the Secretary of Defense striking out ‘‘A participation agreement’’ and SEC. 731. MAXIMUM ALLOWABLE PAYMENTS TO under the authority of chapter 55 of title 10, inserting in lieu thereof ‘‘Except as provided in INDIVIDUAL HEALTH-CARE PROVID- United States Code, principally section 1097 of paragraph (4), a participation agreement’’; ERS UNDER CHAMPUS. such title, and includes the competitive selection (2) by redesignating paragraph (4) as para- (a) MAXIMUM PAYMENT.—Subsection (h) of of contractors to financially underwrite the de- graph (6); and section 1079 of title 10, United States Code, is livery of health care services under the Civilian (3) by inserting after paragraph (3) the follow- amended by striking out paragraph (1) and in- Health and Medical Program of the Uniformed ing new paragraph: serting in lieu thereof the following new para- Services. ‘‘(4) APPLICATION OF FEDERAL ACQUISITION graph: (c) REPORT ON IMPLEMENTATION.—Not later REGULATION.—On and after the date of the en- ‘‘(1) Payment for a charge for services by an than six months after the date of the enactment actment of this paragraph, Uniformed Services individual health care professional (or other of this Act, the Secretary of Defense shall sub- Treatment Facilities and any participation noninstitutional health care provider) for which mit to Congress a report describing the profes- agreement between Uniformed Services Treat- a claim is submitted under a plan contracted for sional educational program implemented pursu- ment Facilities and the Secretary of Defense under subsection (a) may not exceed the lesser ant to this section. shall be subject to the Federal Acquisition Regu- of— SEC. 715. EVALUATION AND REPORT ON TRICARE lation issued pursuant to section 25(c) of the Of- ‘‘(A) an amount equivalent to the 80th per- EFFECTIVENESS. fice of Federal Procurement Policy Act (41 centile of billed charges made for similar services (a) EVALUATION REQUIRED.—The Secretary of U.S.C. 421(c)) notwithstanding any provision to in the same locality during a 12-month base pe- Defense shall arrange for an on-going evalua- the contrary in such a participation agreement. riod; or tion of the effectiveness of the TRICARE pro- The requirements regarding competition in the ‘‘(B) an amount determined to be appropriate, gram in meeting the goals of increasing the ac- Federal Acquisition Regulation shall apply with to the extent practicable, in accordance with the cess of covered beneficiaries under chapter 55 of regard to the negotiation of any new participa- same reimbursement rules as apply to payments title 10, United States Code, to health care and tion agreement between the Uniformed Services for similar services under title XVIII of the So- improving the quality of health care provided to Treatment Facilities and the Secretary of De- cial Security Act (42 U.S.C. 1395 et seq.).’’. covered beneficiaries, without increasing the fense under this subsection or any other provi- (b) COMPARISON TO MEDICARE PAYMENTS.— costs incurred by the Government or covered sion of law.’’. Such subsection is further amended by adding at the end the following new paragraph: beneficiaries. The evaluation shall specifically SEC. 723. DEVELOPMENT OF PLAN FOR INTE- address the impact of the TRICARE program on GRATING UNIFORMED SERVICES ‘‘(3) For the purposes of paragraph (1)(B), the military retirees with regard to access, costs, TREATMENT FACILITIES IN MAN- appropriate payment amount shall be deter- and quality of health care services and identify AGED CARE PROGRAMS OF DEPART- mined by the Secretary of Defense, in consulta- noncatchment areas in which the HMO option MENT OF DEFENSE. tion with the other administering Secretaries.’’. of the TRICARE program will be available. The Section 718(c) of the National Defense Author- (c) EXCEPTIONS AND LIMITATIONS.—Such sub- Secretary shall use a federally funded research ization Act for Fiscal Year 1991 (Public Law section is further amended by inserting after and development center to conduct the evalua- 101–510; 104 Stat. 1587) is amended by inserting paragraph (3), as added by subsection (b), the tion required by this section. after paragraph (4), as added by section 722, the following new paragraphs: (b) ANNUAL REPORT.—Not later than March 1 following new paragraph: ‘‘(4) The Secretary of Defense, in consultation of each year, the center conducting the evalua- ‘‘(5) PLAN FOR INTEGRATING FACILITIES.—(A) with the other administering Secretaries, shall tion under subsection (a) shall submit to Con- Not later than March 1, 1996, the Secretary of prescribe regulations to provide for such excep- gress a report describing the results of the eval- Defense shall submit to Congress a plan under tions to the payment limitations under para- uation during the preceding year. which Uniformed Services Treatment Facilities, graph (1) as the administering Secretaries deter- (c) TRICARE PROGRAM DEFINED.—For pur- on or before September 30, 1997, shall be in- mine to be necessary to assure that covered poses of this section, the term ‘‘TRICARE pro- cluded in the exclusive health care provider net- beneficiaries retain adequate access to health gram’’ means the managed health care program works established by the Secretary for the geo- care services. Such exceptions may include the that is established by the Secretary of Defense graphic regions in which the facilities are lo- payment of amounts greater than the amount under the authority of chapter 55 of title 10, cated. The Secretary shall address in the plan allowed under paragraph (1) when enrollees in United States Code, principally section 1097 of the feasibility of implementing the managed care managed care programs obtain covered emer- such title, and includes the competitive selection plan of the Uniformed Services Treatment Fa- gency services from nonparticipating providers. of contractors to financially underwrite the de- cilities, known as Option II, on a mandatory To transition from the payment methods in ef- livery of health care services under the Civilian basis for all USTF Medicare-eligible bene- fect before the date of the enactment of this H 5836 CONGRESSIONAL RECORD — HOUSE June 13, 1995 paragraph to the methodology required by para- tion and sections 1079(j)(1) and 1086(d) of this of the Department of Defense Appropriations graph (1), the amount allowable for any service title.’’. Act, 1991 (Public Law 101–511; 104 Stat. 1897). may not be reduced by more than 15 percent SEC. 734. REDESIGNATION OF MILITARY HEALTH None of the funds appropriated to the Depart- from the amount allowed for the same service CARE ACCOUNT AS DEFENSE ment of Defense for a fiscal year after fiscal during the immediately preceding 12-month pe- HEALTH PROGRAM ACCOUNT AND year 1995 may be used to train psychologists to riod (or other period as established by the Sec- TWO-YEAR AVAILABILITY OF CER- be able to prescribe psychotropic medications. retary of Defense). TAIN ACCOUNT FUNDS. (b) EFFECT ON AUTHORITY TO PRESCRIBE PSY- ‘‘(5) The Secretary of Defense, in consultation (a) REDESIGNATION.—Section 1100 of title 10, CHOTROPIC MEDICATIONS.—Psychologists who with the other administering Secretaries, shall United States Code, is amended— participated in the demonstration pilot training prescribe regulations to establish limitations (1) in subsection (a)(1)— program regarding the prescription of psycho- (similar to those limitations established under (A) by striking out ‘‘Military Health Care Ac- tropic medications shall not be authorized to title XVIII of the Social Security Act (42 U.S.C. count’’ and inserting in lieu thereof ‘‘Defense prescribe such medications despite the comple- 1395 et seq.)) on beneficiary liability for charges Health Program Account’’; and tion of training under the program. of an individual health care professional (or (B) by striking out ‘‘the Civilian Health and SEC. 742. WAIVER OF COLLECTION OF PAYMENTS other noninstitutional health care provider).’’. Medical Program of the Uniformed Services’’ DUE FROM CERTAIN PERSONS UN- (d) CONFORMING AMENDMENT.—Paragraph (2) and inserting in lieu thereof ‘‘medical and AWARE OF LOSS OF CHAMPUS ELIGI- of such subsection is amended by striking out health care programs of the Department of De- BILITY. ‘‘paragraph (1)’’ and inserting in lieu thereof fense’’; and (a) AUTHORITY TO WAIVE COLLECTION.—The ‘‘paragraph (1)(A)’’. (2) in subsection (b)— administering Secretaries may waive the collec- tion of payments otherwise due from a person (e) REPORT ON EFFECT OF AMENDMENTS.—Not (A) by striking out ‘‘entering into a contract’’ later than March 1, 1996, the Secretary of De- and inserting in lieu thereof ‘‘conducting pro- described in subsection (b) as a result of the re- fense shall submit to Congress a report analyz- grams and activities under this chapter, includ- ceipt by the person of health benefits under sec- ing the effect of the amendments made by this ing contracts entered into’’; and tion 1086 of title 10, United States Code, after section on the ability or willingness of individ- (B) by inserting a comma after ‘‘title’’. the termination of the person’s eligibility for ual health care professionals and other (b) TWO YEAR AVAILABILITY OF CERTAIN AP- such benefits. (b) PERSONS ELIGIBLE FOR WAIVER.—A person noninstitutional health care providers to par- PROPRIATIONS.—Subsection (a)(2) of such sec- shall be eligible for relief under subsection (a) if ticipate in the Civilian Health and Medical Pro- tion is amended to read as follows: the person— gram of the Uniformed Services. ‘‘(2) Three percent of the funds appropriated annually for the operation and maintenance of (1) is a person described in paragraph (1) of SEC. 732. EXPANSION OF EXISTING RESTRICTION the programs and activities authorized by this subsection (d) of section 1086 of title 10, United ON USE OF DEFENSE FUNDS FOR States Code; ABORTIONS. chapter shall remain available for obligation until the end of the fiscal year following the fis- (2) in the absence of such paragraph, would (a) INCLUSION OF DEFENSE FACILITIES.—Sec- have been eligible for health benefits under such tion 1093 of title 10, United States Code, is cal year for which the funds were appropriated. This paragraph shall not apply for a fiscal year section; and amended by inserting after ‘‘Department of De- (3) at the time of the receipt of such benefits, to the extent that a provision of law specifically fense’’ the following: ‘‘, and medical treatment satisfied the criteria specified in subparagraphs refers to this paragraph and specifies that this facilities or other facilities of the Department of (A) and (B) of paragraph (2) of such subsection. paragraph shall not apply for that fiscal year.’’. Defense,’’. (c) EXTENT OF WAIVER AUTHORITY.—The au- (b) CLERICAL AMENDMENTS.—(1) The heading (c) CONFORMING AMENDMENTS.—Such section thority to waive the collection of payments pur- of such section is amended by inserting ‘‘or fa- is further amended— suant to this section shall apply with regard to cilities’’ after ‘‘funds’’. (1) by striking out subsections (c), (d), and (f); health benefits provided under section 1086 of (2) The item relating to such section in the and title 10, United States Code, to persons described table of sections at the beginning of chapter 55 (2) by redesignating subsection (e) as sub- in subsection (b) during the period beginning on of such title is amended to read as follows: section (c). January 1, 1967, and ending on the later of— (d) CLERICAL AMENDMENTS.—(1) The heading (1) the termination date of any special enroll- of such section is amended to read as follows: ‘‘1093. Restriction on use of funds or facilities ment period provided under title XVIII of the for abortions.’’. ‘‘§ 1100. Defense Health Program Account’’. Social Security Act (42 U.S.C. 1395c et seq.) spe- SEC. 733. IDENTIFICATION OF THIRD-PARTY (2) The item relating to such section in the cifically for such persons; and PAYER SITUATIONS. table of sections at the beginning of chapter 55 (2) July 1, 1996. (d) DEFINITIONS.—For purposes of this sec- Section 1095 of title 10, United States Code, is of such title is amended to read as follows: tion, the term ‘‘administering Secretaries’’ has amended by adding at the end the following ‘‘1100. Defense Health Program Account.’’. the meaning given such term in section 1072(3) new subsection: SEC. 735. EXPANSION OF FINANCIAL ASSISTANCE of title 10, United States Code. ‘‘(k)(1) To improve the administration of this PROGRAM FOR HEALTH-CARE PRO- SEC. 743. NOTIFICATION OF CERTAIN CHAMPUS section and sections 1079(j)(1) and 1086(d) of this FESSIONALS IN RESERVE COMPO- COVERED BENEFICIARIES OF LOSS NENTS TO INCLUDE DENTAL SPE- title, the Secretary of Defense, in consultation OF CHAMPUS ELIGIBILITY. CIALTIES. with the other administering Secretaries, may Section 1086(d) of title 10, United States Code, prescribe regulations to collect information re- Section 16201(b) of title 10, United States is amended by adding at the end the following garding insurance, medical service, or health Code, is amended— new paragraph: plans of third-party payers held by covered (1) in the subsection heading, by inserting ‘‘(4) The administering Secretaries shall de- beneficiaries. ‘‘AND DENTISTS’’ after ‘‘PHYSICIANS’’; velop a mechanism by which persons described ‘‘(2) The collection of information under regu- (2) in paragraph (1)(A), by inserting ‘‘or den- in paragraph (1) who satisfy only the criteria lations issued under paragraph (1) shall be con- tal school’’ after ‘‘medical school’’; specified in subparagraphs (A) and (B) of para- ducted in the same manner as provided in sec- (3) in paragraphs (1)(B) and (2)(B), by insert- graph (2), but not subparagraph (C) of such tion 1862(b)(5) of the Social Security Act (42 ing ‘‘or dental officer’’ after ‘‘medical officer’’; paragraph, are promptly notified of their ineli- U.S.C. 1395y(b)(5)). The Secretary may provide and gibility for health benefits under this section. for obtaining from the Commissioner of Social (4) in paragraph (1)(C), by striking out ‘‘phy- The administering Secretaries shall consult with Security employment information comparable to sicians in a medical specialty’’ and inserting in the Secretary of Health and Human Services the information provided to the Administrator of lieu thereof ‘‘physicians or dentists in a medical and the Health Care Financing Administration the Health Care Financing Administration pur- or dental specialty’’. regarding a method to promptly identify persons suant to such section. Such regulations may re- SEC. 736. ELIMINATION OF UNNECESSARY AN- requiring notice under this subsection.’’. quire the mandatory disclosure of social security NUAL REPORTING REQUIREMENTS SEC. 744. DEMONSTRATION PROGRAM TO TRAIN account numbers for all covered beneficiaries. REGARDING MILITARY HEALTH MILITARY MEDICAL PERSONNEL IN ‘‘(3) The Secretary of Defense may disclosure CARE. CIVILIAN SHOCK TRAUMA UNITS. relevant employment information collected Section 1252 of the Department of Defense Au- (a) DEMONSTRATION PROGRAM.—Not later under this subsection to fiscal intermediaries or thorization Act, 1984 (42 U.S.C. 248d), is amend- than April 1, 1996, the Secretary of Defense other designated contractors. ed by striking out subsection (d). shall implement a demonstration program to ‘‘(4) The Secretary of Defense may provide for Subtitle E—Other Matters evaluate the feasibility of providing shock trau- contacting employers of covered beneficiaries to SEC. 741. TERMINATION OF PROGRAM TO TRAIN ma training for military medical personnel obtain group health plan information com- AND UTILIZE MILITARY PSYCHOLO- through the use of civilian hospitals. Pursuant parable to the information authorized to be ob- GISTS TO PRESCRIBE PSYCHO- to an agreement between the Secretary and one tained under section 1862(b)(5)(C) of the Social TROPIC MEDICATIONS. or more public or nonprofit hospitals, the Sec- Security Act (42 U.S.C. 1395y(b)(5)(C)). Clause (a) TERMINATION.—Immediately after the date retary shall assign military medical personnel (ii) of such section regarding the imposition of of the enactment of this Act, the Secretary of participating in the demonstration program to civil money penalties shall apply to the collec- Defense shall terminate the demonstration pilot temporary duty in shock trauma units operated tion of information under this paragraph. program for training and utilizing military psy- by the hospitals that are parties to the agree- ‘‘(5) Information obtained under this sub- chologists in the prescription of psychotropic ment. As consideration for the services provided section may not be disclosed for any purpose medications, which is referred to in section 8097 by military medical personnel under the agree- other than to carry out the purpose of this sec- ment, the agreement shall require the hospitals June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5837 to provide appropriate care to members of the (1) whether CHAMPUS should serve as a sec- ‘‘2366. Major systems and munitions programs: Armed Forces and to other persons whose care ond payer for covered beneficiaries who are en- vulnerability testing and lethality in the hospital would otherwise require reim- titled to hospital insurance benefits under part testing required before full-scale bursement by the Secretary. The value of the A of title XVIII of the Social Security Act (42 production.’’. services provided by the hospitals shall be at U.S.C. 1395c et seq.); and SEC. 804. COORDINATION AND COMMUNICATION least equal to the value of the services provided (2) whether such covered beneficiaries should OF DEFENSE RESEARCH ACTIVITIES. by military medical personnel under the agree- be offered enrollment in the Federal Employees Section 2364 of title 10, United States Code, is ment. Health Benefits program under chapter 89 of amended— (b) TERMINATION OF PROGRAM.—The author- title 5, United States Code. (1) in subsection (b)(5), by striking out ‘‘mile- ity of the Secretary of Defense to conduct the SEC. 748. SENSE OF CONGRESS ON CONTINUITY demonstration program under this section, and stone O, milestone I, and milestone II’’ and in- OF HEALTH CARE SERVICES FOR serting in lieu thereof ‘‘acquisition program’’; any agreement entered into under the dem- COVERED BENEFICIARIES AD- onstration program, shall expire on March 31, VERSELY AFFECTED BY CLOSURES and 1998. OF MILITARY MEDICAL TREATMENT (2) in subsection (c), by striking out para- (c) REPORT AND EVALUATION OF PROGRAM.— FACILITIES. graphs (2), (3), and (4) and inserting in lieu (1) Not later than March 1 of each year in (a) FINDING.—Congress finds the following: thereof the following: which the demonstration program is conducted (1) Military installations selected for closure ‘‘(2) The term ‘acquisition program decisions’ under this section, the Secretary of Defense in the 1991 and 1993 rounds of the base closure has the meaning prescribed by the Secretary of shall submit to Congress a report describing the process are approaching their closing dates. Defense in regulations.’’. (2) Additional military installations are being scope and activities of the demonstration pro- SEC. 805. ADDITION OF CERTAIN ITEMS TO DO- gram during the preceding year. selected for closure in the 1995 round of the base MESTIC SOURCE LIMITATION. (2) Not later than May 1, 1998, the Comptrol- closure process. (a) LIMITATION.—Paragraph (3) of section ler General of the United States shall submit to (3) As a result of these base closures, tens of 2534(a) of title 10, United States Code, is amend- Congress a report evaluating the effectiveness of thousands of covered beneficiaries under chap- ed to read as follows: the demonstration program in providing shock ter 55 of title 10, United States Code, who reside trauma training for military medical personnel. in the vicinity of affected installations will be ‘‘(3) VESSEL COMPONENTS.—(A) The following SEC. 745. STUDY REGARDING DEPARTMENT OF left without immediate access to military medi- components of vessels: DEFENSE EFFORTS TO DETERMINE cal treatment facilities. ‘‘(i) Air circuit breakers. APPROPRIATE FORCE LEVELS OF (b) SENSE OF CONGRESS.—In light of the find- ‘‘(ii) Vessel propellers with a diameter of six WARTIME MEDICAL PERSONNEL. ings specified in subsection (a), it is the sense of feet or more, if the propellers incorporate only (a) STUDY REQUIRED.—The Comptroller Gen- Congress that the Secretary of Defense should castings poured and finished in the United eral of the United States shall conduct a study take all appropriate steps necessary to ensure States. to evaluate the reasonableness of the models the continuation of medical and pharmaceutical ‘‘(iii) Welded shipboard anchor and mooring used by each military department for determin- benefits to covered beneficiaries adversely af- chain with a diameter of four inches or less. ing the appropriate wartime force level for medi- fected by the closure of military installations. ‘‘(B) The following components of vessels, to cal personnel in the department. The study shall the extent they are unique to marine applica- include the following: TITLE VIII—ACQUISITION POLICY, ACQUI- (1) An assessment of the modeling techniques SITION MANAGEMENT, AND RELATED tions: ship and marine cable assemblies, hose as- used by each department. MATTERS semblies, hydraulics and pumps for steering, gy- rocompasses, marine autopilots, electronic navi- (2) An analysis of the data used in the models SEC. 801. REPEALS OF CERTAIN PROCUREMENT to identify medical personnel requirements. PROVISIONS. gation chart systems, attitude and heading ref- (3) An identification of the ability of the mod- (a) POST-EMPLOYMENT RESTRICTIONS.—Sec- erence units, power supplies, and steering con- els to integrate personnel of reserve components tions 2397, 2397a, 2397b, and 2397c of title 10, trols.’’. to meet department requirements. United States Code, are repealed. (b) EXTENSION OF LIMITATION RELATING TO (4) An evaluation of the ability of the Sec- (b) LIMITATION ON EXPENDITURE OF APPRO- BALL BEARINGS AND ROLLER BEARINGS.—Section retary of Defense to integrate the various model- PRIATIONS.—Section 2207 of such title is re- 2534(c)(3) of such title is amended by striking ing efforts into a comprehensive, coordinated pealed. out ‘‘October 1, 1995’’ and inserting in lieu plan for obtaining the optimum force level for (c) CERTAIN DELEGATION AUTHORITY.—Section thereof ‘‘October 1, 2000’’. wartime medical personnel. 2356 of such title is repealed. (c) INAPPLICABILITY OF SIMPLIFIED ACQUISI- (b) REPORT OF STUDY.—Not later than June (d) SPARE PARTS CONTROL.—Section 2383 of TION LIMITATION TO CONTRACTS FOR BALL 30, 1996, the Comptroller General shall report to such title is repealed. BEARINGS AND ROLLER BEARINGS.—Section Congress on the results of the study conducted (e) CLERICAL AMENDMENTS.—(1) The table of 2534(g) of title 10, United States Code, is amend- under subsection (a). sections at the beginning of chapter 131 of title ed— SEC. 746. STUDY REGARDING EXPANDED MENTAL 10, United States Code, is amended by striking (1) by inserting ‘‘(1)’’ before ‘‘This section’’; HEALTH SERVICES FOR CERTAIN out the item relating to section 2207. and COVERED BENEFICIARIES. (2) The table of sections at the beginning of (2) by adding at the end the following new (a) STUDY REQUIRED.—In connection with the chapter 139 of such title is amended by striking mental health services already available for cov- paragraph: out the item relating to section 2356. ‘‘(2) Paragraph (1) does not apply to contracts ered beneficiaries under chapter 55 of title 10, (3) The table of sections at the beginning of United States Code, who are children and re- for items described in subsection (a)(5) (relating chapter 141 of title 10, United States Code, is to ball bearings and roller bearings).’’. quire residential treatment, the Secretary of De- amended by striking out the items relating to fense shall conduct a study regarding the fea- sections 2383, 2397, 2397a, 2397b, and 2397c. SEC. 806. REVISIONS TO PROCUREMENT NOTICE sibility of expanding such services to include a PROVISIONS. SEC. 802. FEES FOR CERTAIN TESTING SERVICES. program of individualized continued care fol- Section 18(a) of the Office of Federal Procure- lowing completion of the residential treatment to Section 2539b(c) of title 10, United States ment Policy Act (41 U.S.C. 416(a)) is amended— Code, is amended by inserting ‘‘and indirect’’ compliment the residential treatment and pre- (1) in subparagraph (B) of paragraph (1)— after ‘‘recoup the direct’’. vent recidivism. (A) by striking out ‘‘subsection (f)—’’ and all (b) REPORT OF STUDY.—Not later than March SEC. 803. TESTING OF DEFENSE ACQUISITION PROGRAMS. that follows through the end of the subpara- 1, 1996, the Secretary of Defense shall submit to graph and inserting in lieu thereof ‘‘subsection (a) IN GENERAL.—Section 2366 to title 10, Unit- Congress a report describing the results of the (b); and’’; and study conducted under subsection (a). ed States Code, is amended— (1) by striking out ‘‘survivability’’ each place (B) by inserting after ‘‘property or services’’ SEC. 747. REPORT ON IMPROVED ACCESS TO MILI- the following: ‘‘for a price expected to exceed TARY HEALTH CARE FOR COVERED it appears (including in the section heading) BENEFICIARIES ENTITLED TO MEDI- and inserting in lieu thereof ‘‘vulnerability’’; $10,000 but not to exceed $25,000’’; CARE. and (2) by striking out paragraph (4); and Not later than March 1, 1996, the Secretary of (2) in subsection (b)— (3) by redesignating paragraphs (5) and (6) as Defense shall submit to Congress a report evalu- (A) by striking out ‘‘Survivability’’ and insert- paragraphs (4) and (5), respectively. ating the feasibility, costs, and consequences for ing in lieu thereof ‘‘Vulnerability’’; and SEC. 808. ENCOURAGEMENT OF USE OF LEASING the military health care system of improving ac- (B) by inserting after paragraph (2) the fol- AUTHORITY. cess to the system for covered beneficiaries lowing new paragraph: (a) IN GENERAL.—(1) Chapter 137 of title 10, under chapter 55 of title 10, United States Code, ‘‘(3) Testing should begin at the component, United States Code, is amended by inserting who have limited access to military medical subsystem, and subassembly level, culminating after section 2316 the following new section: treatment facilities and are ineligible for the Ci- with tests of the complete system configured for vilian Health and Medical Program of the Uni- combat.’’. ‘‘§ 2317. Equipment leasing formed Services under section 1086(d)(1) of such (b) CLERICAL AMENDMENT.—The item relating ‘‘The Secretary of Defense shall authorize and title. The alternatives the Secretary shall con- to such section in the table of sections at the be- encourage the use of leasing in the acquisition sider to improve access for such covered bene- ginning of chapter 139 of such title is amended of equipment whenever such leasing is prac- ficiaries shall include— to read as follows: ticable and otherwise authorized by law.’’. H 5838 CONGRESSIONAL RECORD — HOUSE June 13, 1995 (2) The table of sections at the beginning of (2) In carrying out reductions under para- ‘‘(3) The Secretary of Defense shall designate such chapter is amended by adding at the end graph (1), the Secretary may not reassign func- an official of the Department of Defense to per- the following new item: tions solely in order to evade the requirement form the duties of the position referred to in this contained in that paragraph. section as the ‘designated OT&E official’.’’; ‘‘2317. Equipment leasing.’’. (f) REDUCTION IN NUMBER AND SPECIFICATION (2) in subsection (b)— (b) REPORT.—Not later than 90 days after the OF ASSISTANT SECRETARY OF DEFENSE POSI- (A) by striking out ‘‘Director of Operational date of the enactment of this Act, the Secretary TIONS.—(1) Section 138 of title 10, United States Test and Evaluation of the Department of De- of Defense shall submit to Congress a report set- Code, is amended— fense’’ in paragraph (1) and inserting in lieu ting forth changes in legislation that would be (A) in subsection (a), by striking out ‘‘eleven’’ thereof ‘‘designated OT&E official’’; and required in order to facilitate the use of leases and inserting in lieu thereof ‘‘nine’’; and (B) by striking out ‘‘Director’’ each place it by the Department of Defense in the acquisition (B) by striking out subsection (b) and insert- appears in paragraphs (2) and (3) and inserting of equipment. ing in lieu thereof the following: in lieu thereof ‘‘designated OT&E official’’; ‘‘(b) The Assistant Secretaries shall perform (3) in subsection (c), by striking out ‘‘Director TITLE IX—DEPARTMENT OF DEFENSE such duties and exercise such powers as the Sec- of Operational Test and Evaluation of the De- ORGANIZATION AND MANAGEMENT retary of Defense may prescribe.’’. partment of Defense’’ and inserting in lieu SEC. 901. REORGANIZATION OF OFFICE OF THE (2) Section 5315 of title 5, United States Code, thereof ‘‘designated OT&E official’’; SECRETARY OF DEFENSE. is amended by striking out ‘‘(11)’’ after ‘‘Assist- (4) in subsection (e), by striking out ‘‘Direc- (a) REORGANIZATION.—The Secretary of De- ant Secretaries of Defense’’ and inserting in lieu tor’’ each place it appears and inserting in lieu fense shall carry out in accordance with this thereof ‘‘(9)’’. thereof ‘‘designated OT&E official’’; section a reorganization of the Office of the Sec- (g) REPEAL OF STATUTORY ESTABLISHMENT OF (5) by striking out subsection (g); and retary of Defense. The reorganization shall in- VARIOUS OSD POSITIONS.—(1)(A) The following (6) by redesignating subsection (h) as sub- clude a substantial streamlining and reduction sections of chapter 4 of title 10, United States section (g). in size of that office, as provided in this section. Code, are repealed: sections 133a, 134a, 137, 139, (k) OTHER CONFORMING AMENDMENT.—Section (b) PLAN FOR REORGANIZATION.—The Sec- and 142. 1211(b)(2) of the National Defense Authorization retary shall submit to Congress a report setting (B) The table of sections at the beginning of Act for Fiscal Year 1988 and 1989 (P.L. 100–180; forth a comprehensive plan by which the Sec- such chapter is amended by striking out the 101 Stat 1155; 10 U.S.C. 167 note) is amended by retary will carry out the reorganization of the items relating to the sections specified in para- striking out ‘‘the Assistant Secretary of Defense Office of the Department of Defense required by graph (1). for Special Operations and Low Intensity Con- this section. The Secretary shall include in the (2) Section 1056 is amended by striking out flict’’ and inserting in lieu thereof ‘‘the official report identification of all provisions of law (or subsection (d). designated by the Secretary of Defense to have other congressional directives) that preclude or (h) SENIOR STAFF FLOOR FOR SPECIFIED AS- principal responsibility for matters relating to inhibit any proposed reorganization or stream- SISTANT SECRETARY OF DEFENSE.—Section 355 of special operations and low intensity conflict’’. the National Defense Authorization Act for Fis- lining of the Office of the Secretary of Defense SEC. 902. RESTRUCTURING OF DEPARTMENT OF set forth in the plan. The report shall be submit- cal Year 1991 (Public Law 101–510; 104 Stat. DEFENSE ACQUISITION ORGANIZA- ted when the budget of the President for fiscal 1540) is repealed. TION AND WORKFORCE. year 1997 is submitted to Congress. (i) CONFORMING AMENDMENTS TO TITLE 10, (a) RESTRUCTURING REPORT.—Not later than (c) CONTENT OF PLAN.—The plan required by UNITED STATES CODE.—Title 10, United States March 1, 1996, the Secretary of Defense shall subsection (b) shall enable the Secretary to ac- Code, is amended as follows: submit to Congress a report on the acquisition complish the following: (1) Section 131(b) is amended— organization and workforce of the Department (A) by striking out paragraphs (6) and (8); (1) Reduce the number of military and civilian of Defense. The report shall include— personnel assigned to, or employed in, the Office and (1) the plan described in subsection (b); and of the Secretary of Defense by 25 percent over a (B) by redesignating paragraphs (7), (9), (10), (2) the assessment of streamlining and restruc- period of four years, as required by subsection and (11), as paragraphs (6), (7), (8), and (9), re- turing options described in subsection (c). spectively. (e). (b) PLAN FOR RESTRUCTURING.—(1) The Sec- (2) Section 138(d) is amended by striking out (2) Increase organizational efficiency and ci- retary shall include in the report under sub- ‘‘the Under Secretaries of Defense, and the Di- vilian control. section (a) a plan on how to restructure the cur- rector of Defense Research and Engineering’’ (3) Eliminate (or substantially reduce) dupli- rent acquisition organization of the Department and inserting in lieu thereof ‘‘and the Under cation of functions between the Office of the of Defense in a manner that would enable the Secretaries of Defense’’. Secretary of Defense and the military depart- Secretary to accomplish the following: (3) Section 176(a)(3) is amended— (A) Reduce the number of military and civil- ments. (A) by striking out ‘‘Assistant Secretary of De- (4) Eliminate (or substantially reduce) dupli- ian personnel assigned to, or employed in, ac- fense for Health Affairs’’ and inserting in lieu cation of functions between the Office of the quisition organizations of the Department of De- thereof ‘‘official in the Department of Defense Secretary of Defense and the Joint Chiefs of fense by 25 percent over a period of four years, with principal responsibility for health affairs’’; Staff. as required by subsection (d). and (d) DEVELOPMENT OF PLAN.—In developing (B) by striking out ‘‘Chief Medical Director of (B) Eliminate duplication of functions among the plan required by subsection (b), the Sec- the Department of Veterans Affairs’’ and insert- existing acquisition organizations of the Depart- retary shall— ing in lieu thereof ‘‘Under Secretary for Health ment of Defense. (1) reassess the appropriate function and mis- (C) Maximize opportunity for consolidation of the Department of Veterans Affairs’’. sion of the Office of the Secretary of Defense; (4) Section 1216(d) is amended by striking out among acquisition organizations of the Depart- (2) reassess whether the current organization ‘‘Assistant Secretary of Defense for Health Af- ment of Defense to reduce management over- of the Office of the Secretary of Defense pro- fairs’’ and inserting in lieu thereof ‘‘official in head. (2) In the report, the Secretary shall also iden- vides the most efficient and effective organiza- the Department of Defense with principal re- tify any statutory requirement or congressional tion to support the Secretary in carrying out the sponsibility for health affairs’’. Secretary’s responsibilities; (5) Section 1587(d) is amended by striking out directive that inhibits any proposed restructur- (3) examine alternative organizational struc- ‘‘Assistant Secretary of Defense for Manpower ing plan or reduction in the size of the defense tures for that office and alternative allocations and Logistics’’ and inserting in lieu thereof ‘‘of- acquisition organization. of functional responsibilities within that office, ficial in the Department of Defense with prin- (3) In designing the plan under paragraph (1), including— cipal responsibility for personnel and readi- the Secretary shall give full consideration to the (A) a reduction in the number of Under Sec- ness’’. process efficiencies expected to be achieved retaries of Defense; (6) The text of section 10201 is amended to through the implementation of the Federal Ac- (B) a reduction in the number of Deputy As- read as follows: quisition Streamlining Act of 1994 (Public Law sistant Secretaries of Defense and Deputy Under ‘‘The official in the Department of Defense 103–355) and other ongoing initiatives to in- Secretaries of Defense; and with responsibility for overall supervision of re- crease the use of commercial practices and re- (C) decentralizing functions of the Office of serve component affairs of the Department of duce contract overhead in the defense procure- the Secretary of Defense; and Defense is the official designated by the Sec- ment system. (4) reassess the size, number, and functional retary of Defense to have that responsibility.’’. (c) ASSESSMENT OF SPECIFIED RESTRUCTURING allocation of the Defense Agencies and other (j) CONFORMING AMENDMENTS RELATING TO OPTIONS.—The Secretary shall include in the re- Department of Defense support organizations. OPERATIONAL TEST AND EVALUATION AUTHOR- port under subsection (a) a detailed assessment (e) PERSONNEL REDUCTION.—(1) The number ITY.—Section 2399 of such title is amended— of each of the following options for streamlining of military and civilian personnel of the Depart- (1) in subsection (a)— and restructuring the existing defense acquisi- ment of Defense who as of October 1, 1998, are (A) in paragraph (2)— tion organization, together with a specific rec- assigned to, or employed in, functions in the Of- (i) by inserting ‘‘a conventional weapons sys- ommendation as to whether each such option fice of the Secretary of Defense (including Di- tem that’’ after ‘‘means’’ in the matter preced- should be implemented: rect Support Activities of that Office and the ing subparagraph (A); and (1) Consolidation of certain functions of the Washington Headquarters Services of the De- (ii) in subparagraph (A), by striking out ‘‘a Defense Contract Audit Agency and the Defense partment of Defense) may not exceed 75 percent conventional weapons system that’’; and Contract Management Command. of the number of such personnel as of October 1, (B) by adding at the end the following new (2) Contracting for performance of a signifi- 1994. paragraph: cant portion of the workload of the Defense June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5839 Contract Audit Agency and other Defense Agen- 5041 of title 10, United States Code, is amended 337; 108 Stat 2829) that the Uniformed Services cies that perform acquisition functions. by striking out paragraphs (2) through (5) and University of the Health Sciences may not be (3) Consolidation or selected elimination of inserting in lieu thereof the following: closed. Department of Defense acquisition organiza- ‘‘(2) The Vice Commandant of the Marine (b) BUDGETARY COMMITMENT TO CONTINU- tions. Corps. ATION.—It is the sense of Congress that the Sec- (4) Any other defense acquisition infrastruc- ‘‘(3) The Director of the Marine Corps Staff. retary of Defense should budget for the oper- ture streamlining or restructuring option the ‘‘(4) The Deputy Commandants of the Marine ation of the Uniformed Services University of Secretary may determine. Corps. the Health Sciences during fiscal year 1997 at a (d) REDUCTION OF ACQUISITION WORKFORCE.— ‘‘(5) The Assistant Commandants of the Ma- level at least equal to the level of operations (1) Effective as of October 1, 1998, the total num- rine Corps.’’. conducted at the University during fiscal year ber of defense acquisition personnel may not ex- (b) VICE COMMANDANT.—(1) Section 5044 of 1995. ceed 75 percent of the total number of defense such title is amended by striking out ‘‘Assistant acquisition personnel as of October 1, 1994. SEC. 908. REDESIGNATION OF ADVANCED RE- Commandant’’ each place it appears and insert- SEARCH PROJECTS AGENCY. (2) In carrying out paragraph (1), the Sec- ing in lieu thereof ‘‘Vice Commandant’’. (a) REDESIGNATION.—The agency in the De- retary of Defense shall exempt personnel who (2) The heading of such section is amended to partment of Defense known as the Advanced possess technical competence in trade-skill read as follows: maintenance and repair positions involved in Research Projects Agency shall after the date of performing depot maintenance functions for the ‘‘§ 5044. Vice Commandant of the Marine the enactment of this Act be designated as the Department of Defense. Corps’’. Defense Advanced Research Projects Agency. (3) In carrying out paragraph (1), the Sec- (c) DIRECTOR OF THE MARINE CORPS STAFF; (b) REFERENCES.—Any reference in any law, retary of Defense shall accomplish reductions in DEPUTY AND ASSISTANT COMMANDANTS.—Section regulation, document, record, or other paper of defense acquisition personnel positions during 5045 of such title is amended to read as follows: the United States to the Advanced Research fiscal year 1996 so that the total number of such ‘‘§ 5045. Director of the Marine Corps Staff; Projects Agency shall be considered to be a ref- personnel as of October 1, 1996, is less than the Deputy and Assistant Commandants erence to the Defense Advanced Research total number of such personnel as of October 1, ‘‘(a) There are in the Headquarters, Marine Projects Agency. 1995, by at least 30,000. Corps, the following: TITLE X—GENERAL PROVISIONS (4) For purposes of this section, the term ‘‘de- ‘‘(1) A Director of the Marine Corps Staff. Subtitle A—Financial Matters fense acquisition personnel’’ means military and ‘‘(2) Not more than five Deputy Commandants civilian personnel of the Department of Defense of the Marine Corps. SEC. 1001. TRANSFER AUTHORITY. assigned to, or employed in, acquisition organi- ‘‘(3) Not more than three Assistant Com- (a) AUTHORITY TO TRANSFER AUTHORIZA- zations of the Department of Defense. mandants of the Marine Corps. TIONS.—(1) Upon determination by the Secretary (e) ACQUISITION ORGANIZATION DEFINED.—For ‘‘(b) The officers specified in subsection (a) of Defense that such action is necessary in the purposes of this section, acquisition organiza- shall be detailed by the Secretary of the Navy national interest, the Secretary may transfer tions of the Department of Defense are those or- from officers on the active-duty list of the Ma- amounts of authorizations made available to the ganizations specified in Department of Defense rine Corps.’’. Department of Defense in this division for fiscal Instruction Numbered 5000.58, dated January 14, (d) CLERICAL AMENDMENT.—The items relat- 1992. year 1996 between any such authorizations for ing to sections 5044 and 5045 in the table of sec- that fiscal year (or any subdivisions thereof). SEC. 903. PLAN FOR INCORPORATION OF DEPART- tions at the beginning of chapter 506 of such MENT OF ENERGY NATIONAL SECU- Amounts of authorizations so transferred shall RITY FUNCTIONS IN DEPARTMENT title are amended to read as follows: be merged with and be available for the same OF DEFENSE. ‘‘5044. Vice Commandant of the Marine Corps. purposes as the authorization to which trans- (a) REPORT REQUIRED.—The Secretary of De- ‘‘5045. Director of the Marine Corps Staff; Dep- ferred. fense shall submit to Congress a report setting uty and Assistant Com- (2) The total amount of authorizations that forth the Secretary’s plan for the incorporation mandants.’’. the Secretary of Defense may transfer under the into the Department of Defense of the national SEC. 905. INCLUSION OF INFORMATION RE- authority of this section may not exceed security programs of the Department of Energy. SOURCES MANAGEMENT COLLEGE IN $2,000,000,000. The plan submitted shall be one which could be THE NATIONAL DEFENSE UNIVER- (b) LIMITATIONS.—The authority provided by implemented if the Department of Energy is SITY. this section to transfer authorizations— abolished and the national security programs of (a) TECHNICAL AMENDMENT AND ADDITION OF (1) may only be used to provide authority for that department are transferred to the Depart- INFORMATION RESOURCES MANAGEMENT COL- items that have a higher priority than the items ment of Defense and consolidated with programs LEGE TO THE DEFINITION OF THE NATIONAL DE- from which authority is transferred; and of the Department of Defense. FENSE UNIVERSITY.—Section 1595(d)(2) of title (2) may not be used to provide authority for (b) MATTERS TO BE INCLUDED.—The plan sub- 10, United States Code, is amended by striking an item that has been denied authorization by mitted in the report under subsection (a) shall out ‘‘the Institute for National Strategic Congress. include the following: Study,’’ and inserting in lieu thereof ‘‘the Insti- (1) A detailed plan for the integration into the (c) EFFECT ON AUTHORIZATION AMOUNTS.—A tute for National Strategic Studies, the Informa- transfer made from one account to another Department of Defense of the offices and labora- tion Resources Management College,’’. tories of the Department of Energy which could under the authority of this section shall be (b) CONFORMING AMENDMENT.—Section deemed to increase the amount authorized for be anticipated to be transferred to the Depart- 2162(d)(2) of such title is amended by inserting ment of Defense as part of such a transfer of the account to which the amount is transferred ‘‘the Institute for National Strategic Studies, the by an amount equal to the amount transferred. functions. Information Resources Management College,’’ (2) An assessment of the personnel end- after ‘‘the Armed Forces Staff College,’’. SEC. 1002. INCORPORATION OF CLASSIFIED strength reductions estimated to be achieved as ANNEX. SEC. 906. EMPLOYMENT OF CIVILIANS AT THE (a) STATUS OF CLASSIFIED ANNEX.—The Clas- a result of such a transfer of functions. ASIA-PACIFIC CENTER FOR SECU- (3) An assessment of costs, or savings, associ- RITY STUDIES. sified Annex prepared by the Committee on Na- ated with the various transfer of function op- Section 1595 of title 10, United States Code, is tional Security of the House of Representatives tions. amended— to accompany the bill H.R. 1530 of the One Hun- (4) An identification of all applicable provi- (1) in subsection (c), by adding at the end the dred Fourth Congress and transmitted to the sions of law that may inhibit or preclude such following new paragraph: President is hereby incorporated into this Act. a transfer of functions. ‘‘(4) The Asia-Pacific Center for Security (b) CONSTRUCTION WITH OTHER PROVISIONS OF (c) PRESERVATION OF INTEGRITY OF DOE NA- Studies.’’; and ACT.—The amounts specified in the Classified TIONAL SECURITY PROGRAMS.—In developing the (2) by adding at the end the following new Annex are not in addition to amounts author- plan under subsection (a), the Secretary shall subsection: ized to be appropriated by other provisions of make every effort to ensure that the mission and ‘‘(f) APPLICATION TO DIRECTOR AND DEPUTY this Act. functioning of the national security programs of DIRECTOR AT ASIA-PACIFIC CENTER FOR SECU- (c) LIMITATION ON USE OF FUNDS.—Funds ap- the Department of Energy are not unduly af- RITY STUDIES.—In the case of the Asia-Pacific propriated pursuant to an authorization con- fected adversely during the transfer of those Center for Security Studies, this section also ap- tained in this Act that are made available for a functions to the Department of Defense and the plies with respect to the Director and the Dep- program, project, or activity referred to in the consolidation of those functions into activities uty Director.’’. Classified Annex may only be expended for such of the Department. program, project, or activity in accordance with (d) SUBMISSION OF REPORT.—The report re- SEC. 907. CONTINUED OPERATION OF UNI- such terms, conditions, limitations, restrictions, quired under subsection (a) shall be submitted FORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES. and requirements as are set out for that pro- not later than February 1, 1996. (a) CLOSURE PROHIBITED.—In light of the im- gram, project, or activity in the Classified SEC. 904. CHANGE IN TITLES OF CERTAIN MARINE Annex. CORPS GENERAL OFFICER BILLETS portant role of the Uniformed Services Univer- RESULTING FROM REORGANIZATION sity of the Health Sciences in providing trained (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The OF THE HEADQUARTERS, MARINE health care providers for the uniformed services, President shall provide for appropriate distribu- CORPS. Congress reaffirms the requirement contained in tion of the Classified Annex, or of appropriate (a) HEADQUARTERS, MARINE CORPS, FUNC- section 922 of the National Defense Authoriza- portions of the annex, within the executive TION; COMPOSITION.—Subsection (b) of section tion Act for Fiscal Year 1995 (Public Law 103– branch of the Government. H 5840 CONGRESSIONAL RECORD — HOUSE June 13, 1995 SEC. 1003. IMPROVED FUNDING MECHANISMS authority available under this subsection for ‘‘§ 127b. Budgeting for ongoing operations FOR UNBUDGETED OPERATIONS. that purpose. ‘‘(a) REQUIREMENT FOR INCLUSION IN BUDG- (a) REVISION OF FUNDING MECHANISM.—(1) ‘‘(5) The authority provided by this subsection ET.—In the case of an operation of the Depart- Chapter 3 of title 10, United States Code, is to transfer amounts may not be used to provide ment of Defense described in subsection (c), the amended by striking out section 127a and insert- authority for an activity that has been denied President shall include with the budget submit- ing in lieu thereof the following: authorization by Congress. ted to Congress pursuant to section 1105 of title ‘‘§ 127a. Operations for which funds are not ‘‘(6) A transfer made from one account to an- 31 for the next fiscal year a specific request for provided in advance: funding mechanisms other under the authority of this subsection enactment of legislation to provide for the provi- shall be deemed to increase the amount author- sion of funds for such operation for that fiscal ‘‘(a) IN GENERAL.—(1) The Secretary of De- ized for the account to which the amount is year in a manner that will result in there not fense shall use the procedures prescribed by this transferred by an amount equal to the amount being a lower amount of funds available to the section with respect to any operation of the De- transferred. Department of Defense for that fiscal year than partment of Defense— ‘‘(d) FINANCIAL PLAN.—(1) Within 30 days ‘‘(A) that involves the deployment (other than after the beginning of an operation described in would be the case if that operation were not for a training exercise) of elements of the armed subsection (a), the Secretary of Defense shall carried out during that year. Such a request forces for a purpose other than a purpose for submit to Congress a financial plan for the oper- shall include one or more of the following: ‘‘(1) A request for enactment of appropriation which funds have been specifically provided in ation that sets forth the manner by which the of funds for the incremental costs for that oper- advance; or Secretary proposes to obtain funds for the cost ‘‘(B) that involves humanitarian assistance, to the United States of the operation. The plan ation that are expected to be incurred by the disaster relief, or support for law enforcement shall specify in detail how the Secretary pro- Department of Defense during the fiscal year for (including immigration control) for which funds poses to restore balances in the Defense Busi- which the budget is submitted, with such funds have not been specifically provided in advance. ness Operations Fund (or a successor fund) to to be provided in, and charged to, a budget ‘‘(2) Whenever any operation described in the levels that would have been anticipated but function other than the national defense budget paragraph (1) is commenced, the Secretary of for the provisions of subsection (b). The Sec- function (function 050). ‘‘(2) A request for enactment of appropriation Defense shall designate and identify that oper- retary may not include in such a plan a means ation for the purposes of this section and shall to restore such balances that is prohibited by of funds for the incremental costs for that oper- promptly notify Congress of that designation paragraph (2) or (4). ation that are expected to be incurred by the (and of the identification of the operation). ‘‘(2) The Secretary may not restore (or propose Department of Defense during the fiscal year for ‘‘(3) This section does not provide authority in a plan under paragraph (1) to restore) bal- which the budget is submitted, with such des- for the President or the Secretary of Defense to ances in the Defense Business Operations Fund ignations or waivers as may be necessary to en- carry out any operation, but establishes mecha- through increases in rates charged by that fund sure that (if enacted) such appropriations are nisms for the Department of Defense by which in order to compensate for costs incurred and not counted against the total amount of funds funds are provided for operations that the not reimbursed due to subsection (b). for the Department of Defense, or for the na- armed forces are required to carry out under ‘‘(3) If the Secretary of Defense transfers tional defense budget function, for purpose of some other authority. funds under subsection (c), the Secretary shall any statutory limitation or restriction. ‘‘(3) A request for enactment of rescissions. ‘‘(b) WAIVER OF REQUIREMENT TO REIMBURSE submit to Congress, within 30 days of such ‘‘(b) LIMITATION.—In the case of any oper- SUPPORT UNITS.—(1) The Secretary of Defense transfer, a plan for the restoration of the bal- ation to which the requirement of subsection (a) shall direct that, when a unit of the armed ance in the each account from which the trans- applies, no funds may be obligated or expended forces participating in an operation described in fer was made to the level that would have been for that operation after the beginning of the fis- subsection (a) receives services from an element the case but for the transfer. cal year for which the budget is submitted if the of the Department of Defense that operates ‘‘(4) The Secretary may not restore (or propose requirement in subsection (a) is not complied through the Defense Business Operations Fund in a plan under paragraph (1) or (3) to restore) with. (or a successor fund), such unit of the armed balances in any the Defense Business Oper- ‘‘(c) COVERED OPERATIONS.—This section ap- forces may not be required to reimburse that ele- ations Fund or any other fund or account plies with respect to any operation of the De- ment for the incremental costs incurred by that through the use of unobligated amounts in an partment of Defense involving the use of the element in providing such services, notwith- appropriation made for operation and mainte- nance that are available within that appropria- Armed Forces that— standing any other provision of law or any Gov- ‘‘(1) is ongoing in the first quarter of a fiscal ernment accounting practice. tion for an account (known as a budget activity 1 account) that is specified as being for operat- year; ‘‘(2) The amounts which but for paragraph (1) ‘‘(2) is not expected to end during the current would be required to be reimbursed to an ele- ing forces. ‘‘(e) SUBMISSION OF REQUESTS FOR SUPPLE- fiscal year; ment of the Department of Defense (or a fund) MENTAL APPROPRIATIONS.—(1) Whenever there ‘‘(3) for which appropriations were not spe- shall be recorded as an expense attributable to is an operation described in subsection (a), the cifically provided in advance for the current fis- the operation and shall be accounted for sepa- President shall submit to Congress a request for cal year. rately. the enactment of supplemental appropriations ‘‘(d) WAIVER AUTHORITY.—The President may ‘‘(c) TRANSFER AUTHORITY.—(1) Whenever for the then-current fiscal year, to be designated waive the provisions of this section for any fis- there is an operation of the Department of De- as an emergency supplemental appropriations, cal year— fense described in subsection (a), the Secretary in order to provide funds to replenish the De- ‘‘(1) during which there is in effect a declara- of Defense may, subject to the provisions of ap- fense Business Operations Fund or any other tion of war; or ‘‘(2) during which authority is in effect pursu- propriations Acts, transfer amounts described in fund or account of the Department of Defense ant to section 12302 of this title to order units paragraph (3) to accounts from which incremen- from which funds for the incremental expenses and members of the Ready Reserve to active tal expenses for that operation were incurred in of that operation were derived under this sec- duty without the consent of the persons con- order to reimburse those accounts for those in- tion. cremental expenses. Amounts so transferred ‘‘(2) A request under paragraph (1) shall be cerned.’’. shall be merged with and be available for the submitted not later than the earlier of (A) the (2) The table of sections at the beginning of same purposes as the accounts to which trans- time at which incremental expenses for the oper- such chapter is amended by striking out the item ferred. ation exceed $10,000,000, or (B) 90 days after the relating to section 127a and inserting in lieu ‘‘(2) The total amount that the Secretary of date on which the operation begins. The request thereof the following: Defense may transfer under the authority of shall be submitted as a separate request from ‘‘127a. Operations for which funds are not pro- this section in any fiscal year is $200,000,000. any other legislative proposal. vided in advance: funding mecha- ‘‘(3) Transfers under this subsection may only ‘‘(f) INCREMENTAL COSTS.—For purposes of nisms. be made from amounts appropriated to the De- this section, incremental costs of the Depart- ‘‘127b. Budgeting for ongoing operations.’’. partment of Defense for any fiscal year that re- ment of Defense with respect to an operation are (b) EFFECTIVE DATE.—The amendment to sec- main available for obligation from any of the the costs of the Department that are directly at- tion 127a of title 10, United States Code, made following accounts: tributable to the operation (and would not have by subsection (a) shall take effect on October 1, ‘‘(A) Environmental Restoration, Defense. been incurred but for the operation). 1995, and shall apply to any operation of the ‘‘(B) Cooperative Threat Reduction programs. ‘‘(g) RELATIONSHIP TO WAR POWERS RESOLU- Department of Defense, whether begun before, ‘‘(C) Overseas Humanitarian, Disaster, and TION.—This section may not be construed as al- on, or after such date. In the case of any oper- Civic Aid (OHDACA) programs. tering or superseding the War Powers Resolu- ation begun before such date, any reference in ‘‘(D) Operations and Maintenance, Defense- tion. This section does not provide authority to such section to the date of the beginning of such Wide (but only from funds available for admin- conduct any military operation. operation shall be treated as referring to the ef- istration and service-wide activities). ‘‘(h) GAO COMPLIANCE REVIEWS.—The Comp- fective date under the preceding sentence. ‘‘(4) The authority provided by this subsection troller General of the United States shall from SEC. 1004. DESIGNATION AND LIABILITY OF DIS- is in addition to any other authority provided time to time, and when requested by a committee BURSING AND CERTIFYING OFFI- by law authorizing the transfer of amounts of Congress, conduct a review of the defense CIALS. available to the Department of Defense. How- funding structure under this section to deter- (a) DISBURSING OFFICIALS.—(1) Section 3321(c) ever, the Secretary may not use any such au- mine whether the Department of Defense is com- of title 31, United States Code, is amended by thority under another provision of law for a plying with the requirements and limitations of striking out paragraph (2) and inserting in lieu purpose described in paragraph (1) if there is this section. thereof the following: June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5841 ‘‘(2) The Department of Defense. defense appropriations that are in excess of the (3) The Secretary of the Navy has entered into ‘‘(3) The Coast Guard (when not operating as amounts provided for such programs, projects, contracts with shipyards covering acquisition of a service in the Navy).’’. and activities in fiscal year 1995 defense author- a total of 17 such LMSR vessels, of which five (2) Section 2773 of title 10, United States Code, izations. are vessel conversions and 12 are new construc- is amended— (c) DEFINITIONS.—For the purposes of this sec- tion vessels. Under those contracts, the Sec- (A) in subsection (a)— tion: retary has placed orders for the acquisition of 11 (i) by striking out ‘‘With the approval of the (1) FISCAL YEAR 1995 DEFENSE APPROPRIA- vessels and has options for the acquisition of six Secretary of a military department when the TIONS.—The term ‘‘fiscal year 1995 defense ap- more, all of which would be new construction Secretary considers it necessary, a disbursing of- propriations’’ means amounts appropriated or vessels. The options allow the Secretary to place ficial of the military department’’ and inserting otherwise made available to the Department of orders for one vessel to be constructed at each of in lieu thereof ‘‘Subject to paragraph (3), a dis- Defense for fiscal year 1995 in the Department of two shipyards for award before December 31, bursing official of the Department of Defense’’; Defense Appropriations Act, 1995 (Public Law 1995, December 31, 1996, and December 31, 1997, and 103–335). respectively. (ii) by adding at the end the following new (2) FISCAL YEAR 1995 DEFENSE AUTHORIZA- (4) Acquisition of an additional two such paragraph: TIONS.—The term ‘‘fiscal year 1995 defense au- LMSR vessels, for a total of 19 vessels (the re- ‘‘(3) A disbursing official may make a designa- thorizations’’ means amounts authorized to be quirement described in paragraph (1)) would tion under paragraph (1) only with the approval appropriated for the Department of Defense for contribute to preservation of the industrial base of the Secretary of Defense or, in the case of a fiscal year 1995 in the National Defense Author- of United States shipyards capable of building disbursing official of a military department, the ization Act for Fiscal Year 1995 (Public Law auxiliary and sealift vessels. Secretary of that military department.’’; and 103–337). (b) SENSE OF CONGRESS.—It is the sense of (B) in subsection (b)(1)— SEC. 1006. AUTHORIZATION OF PRIOR EMER- Congress that the Secretary of the Navy should (i) by striking out ‘‘any military department’’ GENCY SUPPLEMENTAL APPROPRIA- plan for, and budget to provide for, the acquisi- and inserting in lieu thereof ‘‘the Department of TIONS FOR FISCAL YEAR 1995. tion as soon as possible of a total of 19 large, Defense’’; and (a) ADJUSTMENT TO PREVIOUS AUTHORIZA- medium-speed, roll-on/roll-off (LMSR) vessels (ii) by striking out ‘‘2d month’’ and inserting TIONS.—Amounts authorized to be appropriated (the number determined to be required in the in lieu thereof ‘‘second month’’. to the Department of Defense for fiscal year 1995 Mobility Requirements Study referred to in sub- (b) DESIGNATION OF MEMBERS OF THE ARMED in the National Defense Authorization Act for section (a)(1)), rather than only 17 such vessels FORCES TO HAVE AUTHORITY TO CERTIFY Fiscal Year 1995 (Public Law 103–337) are here- (the number of vessels under contract as of May VOUCHERS.—(1) Section 3325(b) of title 31, Unit- by adjusted, with respect to any such author- 1995). ed States Code, is amended to read as follows: ized amount, by the amount by which appro- (c) ADDITIONAL NEW CONSTRUCTION CONTRACT ‘‘(b) In addition to officers and employees re- priations pursuant to such authorization were OPTION.—The Secretary of the Navy should ne- ferred to in subsection (a)(1)(B) of this section increased (by a supplemental appropriation) or gotiate with each of the two shipyards holding as having authorization to certify vouchers, the decreased (by a rescission), or both, in title I of new construction contracts referred to in sub- Secretary of Defense and the Secretary of the Emergency Supplemental Appropriations section (a)(3) (Department of the Navy contracts Transportation (with respect to the Coast Guard and Rescissions for the Department of Defense numbered N00024–93–C–2203 and N00024–93–C– when it is not operating as a service in the to Preserve and Enhance Military Readiness Act 2205) for an option under each such contract for Navy) may authorize, in writing, members of the of 1995 (Public Law 104–6). construction of one additional such LMSR ves- (b) NEW AUTHORIZATION.—The appropriation armed forces under their jurisdiction to certify sel, with such option to be available to the Sec- provided in section 104 of such Act is hereby au- vouchers.’’. retary for exercise during 1995, 1996, or 1997. thorized. (2) Section 3528(d) of title 31, United States (d) REPORT.—The Secretary of the Navy shall Code, is repealed. SEC. 1007. PROHIBITION OF INCREMENTAL FUND- submit to the congressional defense committees, ING OF PROCUREMENT ITEMS. (c) RELIEF OF ACCOUNTABLE OFFICIALS AND by March 31, 1996, a report stating the inten- Section 114 of title 10, United States Code, is AGENTS FROM LIABILITY.—Section 3527(b)(1) of tions of the Secretary regarding the acquisition amended by adding at the end the following title 31, United States Code, is amended— of options for the construction of two additional new subsection: (1) by striking out ‘‘armed forces’’ in the mat- LMSR vessels as described in subsection (c). ter preceding subparagraph (A) and inserting in ‘‘(f)(1) No funds may be appropriated, or au- SEC. 1022. VESSELS SUBJECT TO REPAIR UNDER lieu thereof ‘‘Department of Defense or the thorized to be appropriated, for any fiscal year for a purpose named in paragraph (1), (3), (4), PHASED MAINTENANCE CONTRACTS. Coast Guard’’; and (a) IN GENERAL.—(1) Chapter 633 of title 10, (2) in subparagraph (A), by striking out ‘‘ap- or (5) of subsection (a) using incremental fund- ing. United States Code, is amended by adding at the propriate Secretary of the military department end the following new section: of the Department of Defense’’ and inserting in ‘‘(2) In the budget submitted by the President lieu thereof ‘‘Secretary of Transportation (with for any fiscal year, the President may not re- ‘‘§ 7315. Phased maintenance contracts: ves- respect to the Coast Guard when it is not oper- quest appropriations, or authorization of appro- sels covered ating as a service in the Navy)’’. priations, on the basis of incremental funding ‘‘In any case in which the Secretary of the (d) CONFORMING AMENDMENTS.—(1) Section for a purpose specified in paragraph (1). Navy enters into a contract for the phased 1012 of title 37, United States Code, is amended ‘‘(3) In this subsection, the term ‘incremental maintenance of a class of vessels or vessels of an by striking out ‘‘Secretary concerned’’ both funding’ means the provision of funds for a fis- identified type, the Secretary shall ensure places it appears and inserting in lieu thereof cal year for a procurement in less than the full that— ‘‘Secretary of Defense’’. amount required for procurement of a complete ‘‘(1) any vessel that is covered by the contract (2)(A) Section 7863 of title 10, United States and usable product, with the expectation (or when it is entered into remains covered by the Code, is amended— plan) for additional funding to be made for sub- contract, regardless of operating command to (i) in the first sentence, by striking out ‘‘dis- sequent fiscal years to complete the procurement which the vessel is subsequently assigned, un- bursements of public moneys or’’ and ‘‘the of a complete and usable product. less the vessel is taken out of service for the De- ‘‘(4) This subsection does not apply with re- money was paid or’’; and partment of the Navy; and spect to funding classified as advance procure- (ii) in the second sentence, by striking out ‘‘(2) any vessel of a class or type covered by ment funding.’’. ‘‘disbursement or’’. the contract that is delivered to the Navy while (B)(i) The heading of such section is amended Subtitle B—Naval Vessels and Shipyards the contract is in effect is covered by the con- to read as follows: SEC. 1021. CONTRACT OPTIONS FOR LMSR VES- tract.’’. ‘‘§ 7863. Disposal of public stores by order of SELS. (2) The table of sections at the beginning of (a) FINDINGS.—Congress makes the following commanding officer’’. such chapter is amended by adding at the end findings: the following new item: (ii) The item relating to such section in the (1) A requirement for the Department of the table of sections at the beginning of chapter 661 ‘‘7315. Phased maintenance contracts: vessels Navy to acquire 19 large, medium-speed, roll-on/ covered.’’. of such title is amended to read as follows: roll-off (LMSR) vessels was established by the ‘‘7863. Disposal of public stores by order of com- Secretary of Defense in the Mobility Require- (b) EFFECTIVE DATE.—Section 7315 of title 10, manding officer.’’. ments Study conducted after the Persian Gulf United States Code, as added by subsection (a), shall apply with respect to contracts entered SEC. 1005. AUTHORITY FOR OBLIGATION OF CER- War pursuant to section 909 of the National De- into after the date of the enactment of this Act. TAIN UNAUTHORIZED FISCAL YEAR fense Authorization Act for Fiscal Year 1991 1995 DEFENSE APPROPRIATIONS. (Public law 101–510; 104 Stat. 1623) and was SEC. 1023. CLARIFICATION OF REQUIREMENTS (a) AUTHORITY.—The amounts described in revalidated by the Secretary of Defense in the RELATING TO REPAIRS OF VESSELS. subsection (b) may be obligated and expended report entitled ‘‘Mobility Requirements Study Section 7310(a) of title 10, United States Code, for programs, projects, and activities of the De- Bottom-Up Review Update’’, submitted to Con- is amended by inserting ‘‘or Guam’’ after ‘‘the partment of Defense in accordance with fiscal gress in April 1995. United States’’ the second place it appears. year 1995 defense appropriations. (2) The Strategic Sealift Program is a vital ele- SEC. 1024. NAMING OF NAVAL VESSEL. (b) COVERED AMOUNTS.—The amounts re- ment of the national military strategy calling It is the sense of Congress that the Secretary ferred to in subsection (a) are the amounts pro- for the Nation to be able to fight and win two of the Navy should name an appropriate ship of vided for programs, projects, and activities of nearly simultaneous major regional contin- the United States Navy the U.S.S. Joseph the Department of Defense in fiscal year 1995 gencies. Vittori, in honor of Marine Corporal Joseph H 5842 CONGRESSIONAL RECORD — HOUSE June 13, 1995 Vittori (1929–1951) of Beverly, Massachusetts, sistance to facilitate the achievement of the pur- (3) The table of sections at the beginning of who was posthumously awarded the Medal of poses of projects conducted under the program. subchapter IV of such chapter is amended by Honor for actions against the enemy in Korea In providing such assistance, the Secretary may striking out the items relating to sections 2521, on September 15–16, 1951. make available, as appropriate for the work to 2522, 2523, and 2524. SEC. 1025. TRANSFER OF RIVERINE PATROL be performed, equipment and facilities of De- SEC. 1032. REPEAL OF MISCELLANEOUS PROVI- CRAFT. partment of Defense laboratories (including the SIONS OF LAW. (a) AUTHORITY TO TRANSFER VESSEL.—Not- scientists and engineers at those laboratories) (a) VOLUNTEERS INVESTING IN PEACE AND SE- withstanding subsections (a) and (d) of section for purposes of projects selected by the Sec- CURITY PROGRAM.—(1) Chapter 89 of title 10, 7306 of title 10, United States Code, but subject retary.’’. United States Code, is repealed. to subsections (b) and (c) of that section, the (3) Such section is further amended— (2) The tables of chapters at the beginning of Secretary of the Navy may transfer a vessel de- (A) by redesignating subsections (e), (f), and subtitle A, and at the beginning of part II of scribed in subsection (b) to Tidewater Commu- (g), as subsections (c), (d), and (e), respectively; subtitle A, of such title are amended by striking nity College, Portsmouth, Virginia, for scientific (B) in subsection (c), as so redesignated, by out the item relating to chapter 89. and educational purposes. striking out ‘‘establishment of partnerships’’ (b) SECURITY AND CONTROL OF SUPPLIES.—(1) (b) VESSEL.—The authority under subsection and inserting in lieu thereof ‘‘conduct of the Chapter 171 of such title is repealed. (a) applies in the case of a riverine patrol craft program’’; and (2) The tables of sections at the beginning of of the U.S.S. Swift class. (C) in subsection (d), as so redesignated— subtitle A, and at the beginning of part IV of (c) LIMITATION.—The transfer authorized by (i) by striking out ‘‘proposed partnerships for subtitle A, of such title are each amended by subsection (a) may be made only if the Secretary establishment under this section’’ in the matter striking out the item relating to chapter 171. determines that the vessel to be transferred is of preceding paragraph (1) and inserting in lieu (c) ANNUAL AUTHORIZATION OF MILITARY no further use to the United States for national thereof ‘‘projects under the program’’; TRAINING STUDENT LOADS.—Section 115 of such security purposes. (ii) in paragraphs (1) and (2), by striking out title is amended— (d) TERMS AND CONDITIONS.—The Secretary ‘‘program proposed to be conducted by the part- (1) in subsection (a), by striking out para- may require such terms and conditions in con- nership’’ both places it appears and inserting in graph (3); nection with the transfer authorized by this sec- lieu thereof ‘‘proposed project’’; (2) in subsection (b)— tion as the Secretary considers appropriate. (iii) in paragraph (3), by striking out ‘‘part- (A) by inserting ‘‘or’’ at the end of paragraph (1); Subtitle C—Other Matters nership’s’’ and inserting in lieu thereof ‘‘pro- posed project’s’’; and (B) by striking out ‘‘; or’’ at the end of para- SEC. 1031. TERMINATION AND MODIFICATION OF (iv) in paragraphs (4) through (7), by striking graph (2) and inserting in lieu thereof a period; AUTHORITIES REGARDING NA- and TIONAL DEFENSE TECHNOLOGY AND out ‘‘partnership’’ each place it appears and in- serting in lieu thereof ‘‘project’’. (C) by striking out paragraph (3); and INDUSTRIAL BASE, DEFENSE REIN- (3) by striking out subsection (f). VESTMENT, AND DEFENSE CONVER- (d) REPEAL OF COMMERCIAL-MILITARY INTE- (d) PORTIONS OF ANNUAL MANPOWER RE- SION PROGRAMS. GRATION PARTNERSHIPS PROGRAM.—Section 2512 QUIREMENTS REPORT.—Section 115a of such title (a) CONGRESSIONAL DEFENSE POLICY.—Section of such title is repealed. is amended— (e) REPEAL OF REGIONAL TECHNOLOGY ALLI- 2501 of title 10, United States Code, is amend- (1) in subsection (b)(2), by striking out sub- ANCES ASSISTANCE PROGRAM.—Section 2513 of ed— paragraph (C); such title is repealed. (1) in subsection (a), by striking out para- (2) by striking out subsection (d); graph (5); and (f) MILITARY-CIVILIAN INTEGRATION AND (3) by redesignating subsection (e) as sub- (2) in subsection (b)— TECHNOLOGY TRANSFER ADVISORY BOARD.—Sec- section (d) and striking out paragraphs (4) and (A) by striking out ‘‘DEFENSE REINVESTMENT, tion 2516(b) of such title is amended— (5) thereof; DIVERSIFICATION, AND CONVERSION’’ in the sub- (1) by inserting ‘‘and’’ at the end of para- (4) by striking out subsection (f); and section heading and inserting in lieu thereof graph (2); (5) by redesignating subsection (g) as sub- ‘‘TECHNOLOGY DEVELOPMENT FOR NATIONAL SE- (2) by striking out ‘‘; and’’ at the end of para- section (e). CURITY’’; graph (3) and inserting in lieu thereof a period; (e) OBSOLETE AUTHORITY FOR PAYMENT OF (B) by striking out ‘‘, during a period of re- and STIPENDS FOR MEMBERS OF CERTAIN ADVISORY duction in defense expenditures,’’ in the matter (3) by striking out paragraph (4). COMMITTEES AND BOARDS OF VISITORS OF SERV- preceding paragraph (1); (g) FEDERAL DEFENSE LABORATORY DIVER- ICE ACADEMIES.—(1) The second sentence of (C) by striking out ‘‘of reinvestment, diver- SIFICATION PROGRAM.—Section 2519 of such title each of sections 173(b) and 174(b) of such title is sification, and conversion of defense resources’’ is amended— amended to read as follows: ‘‘Other members in the matter preceding paragraph (1); and (1) in subsection (b), by striking out ‘‘referred and part-time advisers shall (except as otherwise (D) in paragraph (5), by striking out ‘‘defense to in section 2511(b) of this title’’; specifically authorized by law) serve without economic reinvestment’’ and inserting in lieu (2) in subsection (d)— compensation for such service.’’. thereof ‘‘economic investment’’. (A) by striking out ‘‘(1)’’ before ‘‘The Sec- (2) Sections 4355(h), 6968(h), and 9355(h) of (b) NATIONAL DEFENSE TECHNOLOGY AND IN- retary shall’’; and such title are amended by striking out ‘‘is enti- DUSTRIAL BASE COUNCIL.—Section 2502(c) of (B) by striking out paragraph (2); and tled to not more than $5 a day and’’. such title is amended— (3) in subsection (f), by striking out ‘‘section (f) ANNUAL BUDGET INFORMATION CONCERNING (1) in paragraph (1)(B), by striking out ‘‘, 2511(f)’’ and inserting in lieu thereof ‘‘section RECRUITING COSTS.—(1) Section 227 of such title during a period of reduction in defense expendi- 2511(d)’’. is repealed. tures, the defense reinvestment, diversification, (h) REPEAL OF NAVY REINVESTMENT PRO- (2) The table of sections at the beginning of and conversion objectives’’ and inserting in lieu GRAM.—Section 2520 of such title is repealed. chapter 9 of such title is amended by striking thereof ‘‘the objectives’’; (i) REPEAL OF NATIONAL DEFENSE MANUFAC- out the item relating to section 227. (2) by striking out paragraph (2); and TURING TECHNOLOGY PROGRAM.—Section 2521 of (g) EXPIRED AUTHORITY RELATING TO PEACE- (3) by redesignating paragraph (3) as para- such title is repealed. KEEPING ACTIVITIES.—(1) Section 403 of such graph (2). (j) REPEAL OF DEFENSE ADVANCED MANUFAC- title is repealed. (c) MODIFICATION OF DEFENSE DUAL-USE TURING TECHNOLOGY PARTNERSHIPS PROGRAM.— (2) The table of sections at the beginning of CRITICAL TECHNOLOGY PARTNERSHIPS PRO- Section 2522 of such title is repealed. subchapter I of chapter 20 of such title is GRAM.—(1) Subsection (a) of section 2511 of such (k) REPEAL OF MANUFACTURING EXTENSION amended by striking out the item relating to sec- title is amended— PROGRAM.—Section 2523 of such title is re- tion 403. (A) by striking out ‘‘PARTNERSHIPS’’ in the pealed. (h) MANAGEMENT TRAINING PROGRAM IN JAPA- subsection heading and inserting in lieu thereof (l) REPEAL OF DEFENSE DUAL-USE ASSISTANCE NESE LANGUAGE AND CULTURE.—(1) Section 2198 ‘‘PROGRAM’’; EXTENSION PROGRAM.—Section 2524 of such title of such title is repealed. (B) in the first sentence, by striking out ‘‘, by is repealed. (2) The table of sections at the beginning of providing for the establishment’’ and all that (m) CLERICAL AMENDMENTS.—(1) The heading chapter 111 of such title is amended by striking follows through ‘‘encourage and provide’’ and of section 2511 of such title is amended to read out the item relating to section 2198. inserting in lieu thereof ‘‘by encouraging and as follows: (i) PROCUREMENT OF GASOHOL FOR DEPART- providing’’; ‘‘§ 2511. Defense dual-use critical technology MENT OF DEFENSE MOTOR VEHICLES.—(1) Sub- (C) in the second sentence, by striking out ‘‘in program’’. section (a) of section 2398 of such title is re- order to establish the partnerships’’ and insert- (2) The table of sections at the beginning of pealed. ing in lieu thereof ‘‘in furtherance of the pro- subchapter III of chapter 148 of such title is (2) Such section is further amended— gram’’; and (A) by redesignating subsections (b) and (c) as amended— (D) by adding at the end the following new (A) by striking out the item relating to section subsections (a) and (b), respectively; and sentence: ‘‘The Secretary shall identify projects (B) in subsection (b), as so redesignated, by 2511 and inserting in lieu thereof the following to be conducted as part of the program.’’. striking out ‘‘subsection (b)’’ and inserting in new item: (2) Such section is further amended by strik- lieu thereof ‘‘subsection (a)’’. ing out subsections (b), (c), and (d) and insert- ‘‘2511. Defense dual-use critical technology pro- (j) REQUIREMENT OF NOTICE OF CERTAIN DIS- ing in lieu thereof the following new subsection: gram.’’; and POSALS AND GIFTS BY SECRETARY OF NAVY.— ‘‘(b) ASSISTANCE AUTHORIZED.—The Secretary (B) by striking out the items relating to sec- Section 7545 of such title is amended by striking of Defense may provide technical and other as- tions 2512, 2513, and 2520. out subsection (c). June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5843

(k) ANNUAL REPORT ON BIOLOGICAL DEFENSE (2) $20,000,000 for elimination of Ukraine stra- (1) A list of cooperative threat reduction as- RESEARCH PROGRAM.—(1) Section 2370 of such tegic nuclear weapons. sistance that has been provided before the date title is repealed. (3) $15,000,000 for elimination of Kazakhstan of the report. (2) The table of sections at the beginning of strategic nuclear weapons. (2) A description of the current location of the chapter 139 of such title is amended by striking (4) $5,000,000 for elimination of Belarus strate- assistance provided and the current condition of out the item relating to such section. gic nuclear weapons. such assistance. (l) REPORTS AND NOTIFICATIONS RELATING TO (5) $6,000,000 for design of a storage facility (3) A determination of whether the assistance CHEMICAL AND BIOLOGICAL AGENTS.—(1) Sub- for Russian fissile material. has been used for its intended purpose. section (a) of section 409 of Public Law 91–121 (6) $42,500,000 for weapons security in Russia. (4) A description of the activities planned to (50 U.S.C. 1511) is repealed. (7) $35,000,000 for nuclear infrastructure elimi- be carried out during the next fiscal year to en- (2) Subsection (b) of such section (50 U.S.C. nation in Ukraine, Belarus, and Kazakhstan. sure that cooperative threat reduction assist- 1512) is amended— (8) $10,000,000 for activities designated as De- ance provided during that fiscal year is fully ac- (A) by inserting ‘‘and’’ at the end of para- fense and Military Contacts/General Support/ counted for and is used for its intended purpose. (c) COMPTROLLER GENERAL ASSESSMENT.—Not graph (2); Training in Russia, Ukraine, Belarus, and later than 30 days after the date on which a re- (B) by striking out ‘‘; and’’ at the end of Kazakhstan. port of the Secretary under subsection (a) is paragraph (3) and inserting in lieu thereof a pe- (9) $16,500,000 for activities designated as submitted to Congress, the Comptroller General riod; and Other Assessments/Support. of the United States shall submit to Congress a (C) by striking out paragraph (4). SEC. 1103. REPEAL OF DEMILITARIZATION ENTER- (3) Subsection (c) of such section (50 U.S.C. report giving the Comptroller General’s assess- PRISE FUND AUTHORITY. ment of the report and making any rec- 1513) is amended by striking out the second sen- Section 1204 of the Cooperative Threat Reduc- tence of paragraph (1). ommendations that the Comptroller General tion Act of 1993 (title XII of Public Law 103–160; considers appropriate. (m) PROVISION GIVING PERMANENT STATUS TO 22 U.S.C. 5953) is repealed. EXECUTIVE ORDER RELATING TO NAVAL NU- TITLE XII—MATTERS RELATING TO OTHER SEC. 1104. PROHIBITION ON USE OF FUNDS FOR NATIONS CLEAR PROPULSION PROGRAM.—Section 1634 of PEACEKEEPING EXERCISES AND RE- the Department of Defense Authorization, 1985 LATED ACTIVITIES WITH RUSSIA. Subtitle A—Peacekeeping Provisions (Public Law 98–525; 98 Stat. 2649; 42 U.S.C. 7158 None of the funds appropriated pursuant to SEC. 1201. LIMITATION ON EXPENDITURE OF DE- note), is repealed. the authorization in section 301 for Cooperative PARTMENT OF DEFENSE FUNDS FOR (n) ANNUAL REPORT ON BALANCED TECH- Threat Reduction programs may be obligated or UNITED STATES FORCES PLACED UNDER UNITED NATIONS COMMAND NOLOGY INITIATIVE.—Subsection (e) of section expended for the purpose of conducting with 211 of the National Defense Authorization Act OR CONTROL. Russia any peacekeeping exercise or other (a) IN GENERAL.—(1) Chapter 20 of title 10, for Fiscal Years 1990 and 1991 (Public Law 101– peacekeeping-related activity. United States Code, is amended by inserting 189; 103 Stat. 1394) is repealed. SEC. 1105. REVISION TO AUTHORITY FOR ASSIST- after section 404 the following new section: (o) OBSOLETE AUTHORITY REGARDING ANNIS- ANCE FOR WEAPONS DESTRUCTION. ‘‘§ 405. Placement of United States forces TON ARMY DEPOT, ALABAMA.—Section 352 of the Section 211(b) of Public Law 102–228 (105 Stat. National Defense Authorization Act for Fiscal under United Nations command or control: 1694) is amended by striking out ‘‘committed to’’ limitation Year 1991 (Public Law 101–510; 104 Stat. 1539) is in the matter preceding paragraph (1). repealed. ‘‘(a) LIMITATION.—Except as provided in sub- SEC. 1106. PRIOR NOTICE TO CONGRESS OF OBLI- EPORT ON NVIRONMENTAL ESTORATION sections (b) and (c), funds appropriated or oth- (p) R E R GATION OF FUNDS. COSTS FOR INSTALLATIONS TO BE CLOSED UNDER erwise made available for the Department of De- (a) ANNUAL REQUIREMENT.—(1) Not less than 1990 BASE CLOSURE LAW.—Section 2827 of the fense may not be obligated or expended for ac- 15 days before any obligation of any funds ap- National Defense Authorization Act for Fiscal tivities of any element of the Armed Forces that propriated for any fiscal year for a program Years 1992 and 1993 (Public Law 102–190; 10 after the date of the enactment of this section is specified under section 1101 as a Cooperative U.S.C. 2687 note) is amended by striking out placed under United Nations command or con- Threat Reduction program, the Secretary of De- subsection (b). trol, as defined in subsection (f). fense shall submit to the congressional commit- (q) LIMITATION ON AMERICAN DIPLOMATIC FA- ‘‘(b) EXCEPTION FOR PRESIDENTIAL CERTIFI- tees specified in paragraph (2) a report on that CILITIES IN GERMANY.—Section 1432 of the Na- CATION.—(1) Subsection (a) shall not apply in proposed obligation for that program for that tional Defense Authorization Act for Fiscal the case of a proposed placement of an element fiscal year. Year 1994 (Public Law 103–160; 107 Stat. 1833) is of the Armed Forces under United Nations com- (2) The congressional committees referred to in repealed. mand or control if the President, not less than paragraph (1) are the following: 15 days before the date on which such United (r) REQUIREMENT RELATING TO ATHLETIC DI- (A) The Committee on Armed Services, the Nations command or control is to become effec- RECTOR OF NAVAL ACADEMY.—Section 556(b) of Committee on Foreign Relations, and the Com- the National Defense Authorization Act for Fis- tive (or as provided in paragraph (2)), meets the mittee on Appropriations of the Senate. cal Year 1995 (Public Law 103–337; 108 Stat. requirements of subsection (d). (B) The Committee on National Security, the ‘‘(2) If the President certifies to Congress that 2774) (including the section of title 10, United Committee on International Relations, and the an emergency exists that precludes the President States Code, added by that section effective Jan- Committee on Appropriations of the House of from meeting the requirements of subsection (d) uary 1, 1996, and the table of sections item Representatives. 15 days before placing an element of the Armed added by that section) is repealed. (b) MATTERS TO BE SPECIFIED IN REPORTS.— Forces under United Nations command or con- TITLE XI—COOPERATIVE THREAT REDUC- Each such report shall specify— trol, the President may place such forces under TION WITH STATES OF FORMER SOVIET (1) the activities and forms of assistance for such command or control and meet the require- UNION which the Secretary of Defense plans to obligate ments of subsection (d) in a timely manner, but SEC. 1101. SPECIFICATION OF COOPERATIVE funds; in no event later than 48 hours after such com- THREAT REDUCTION PROGRAMS. (2) the amount of the proposed obligation; and mand or control becomes effective. (a) IN GENERAL.—For purposes of section 301 (3) the projected involvement (if any) of any ‘‘(c) ADDITIONAL EXCEPTIONS.— and other provisions of this Act, Cooperative department or agency of the United States (in ‘‘(1) EXCEPTION FOR AUTHORIZATION BY Threat Reduction programs are the programs addition to the Department of Defense) and of LAW.—Subsection (a) shall not apply in the case specified in subsection (b). the private sector of the United States in the ac- of a proposed placement of any element of the (b) SPECIFIED PROGRAMS.—The programs re- tivities and forms of assistance for which the Armed Forces under United Nations command ferred to in subsection (a) are the following: Secretary of Defense plans to obligate such or control if the Congress specifically authorizes (1) Programs to facilitate the elimination, and funds. by law that particular placement of United the safe and secure transportation and storage, States forces under United Nations command or SEC. 1107. REPORT ON ACCOUNTING FOR UNITED control. of nuclear, chemical, and other weapons and STATES ASSISTANCE. their delivery vehicles. ‘‘(2) EXCEPTION FOR NATO OPERATIONS.—Sub- (a) REPORT.—(1) The Secretary of Defense section (a) shall not apply in the case of a pro- (2) Programs to facilitate the safe and secure shall submit to Congress an annual report on storage of fissile materials derived from the posed placement of any element of the armed the efforts made by the United States (including forces in an operation conducted by the North elimination of nuclear weapons. efforts through the use of audits, examinations, (3) Programs to prevent the proliferation of Atlantic Treaty Organization. and on-site inspections) to ensure that assist- ‘‘(d) PRESIDENTIAL CERTIFICATIONS.—The re- weapons, weapons components, and weapons- ance provided under Cooperative Threat Reduc- quirements referred to in subsection (b)(1) are related technology and expertise. tion programs is fully accounted for and that that the President submit to Congress the fol- (4) Programs to expand military-to-military such assistance is being used for its intended lowing: and defense contacts. purposes. ‘‘(1) Certification by the President that— SEC. 1102. FISCAL YEAR 1996 AUTHORIZATION. (2) A report shall be submitted under this sec- ‘‘(A) such a United Nations command or con- Of the amount authorized in section 301 for tion not later than January 31 of each year trol arrangement is necessary to protect na- Cooperative Threat Reduction programs, not until the Cooperative Threat Reduction pro- tional security interests of the United States; more than the following amounts shall be avail- grams are completed. ‘‘(B) the commander of any unit of the Armed able for the purposes specified: (b) INFORMATION TO BE INCLUDED.—Each re- Forces proposed for placement under United Na- (1) $50,000,000 for elimination of Russian stra- port under this section shall include the follow- tions command or control will at all times retain tegic offensive weapons. ing: the right— H 5844 CONGRESSIONAL RECORD — HOUSE June 13, 1995 ‘‘(i) to report independently to superior Unit- ‘‘(II) to establish rules of engagement for Subtitle B—Humanitarian Assistance ed States military authorities; and United States forces involved; and Programs ‘‘(ii) to decline to comply with orders judged ‘‘(III) to establish criteria governing the oper- SEC. 1211. OVERSEAS HUMANITARIAN, DISASTER, by the commander to be illegal, militarily impru- ational employment of United States forces in- AND CIVIC AID PROGRAMS. dent, or beyond the mandate of the mission to volved. For purposes of section 301 and other provi- which the United States agreed with the United ‘‘(g) INTERPRETATION.—Nothing in this section sions of this Act, programs of the Department of Nations, until such time as that commander re- may be construed— Defense designated as Overseas Humanitarian, ceives direction from superior United States mili- ‘‘(1) as authority for the President to use any Disaster, and Civic Aid (OHDACA) programs tary authorities with respect to the orders that element of the armed forces in any operation; are the programs provided by sections 401, 402, the commander has declined to comply with; ‘‘(2) as authority for the President to place 404, 2547, and 2551 of title 10, United States ‘‘(C) any element of the Armed Forces pro- any element of the armed forces under the com- Code. posed for placement under United Nations com- mand or operational control of a foreign na- SEC. 1212. HUMANITARIAN ASSISTANCE. mand or control will at all times remain under tional; or United States administrative command for such ‘‘(3) as an unconstitutional infringement on Section 2551 of title 10, United States Code is purposes as discipline and evaluation; and the authority of the President as commander-in- amended— ‘‘(D) the United States will retain the author- chief.’’. (1) by striking out subsections (b) and (c); ity to withdraw any element of the Armed (2) The table of sections at the beginning of (2) by redesignating subsection (d) as sub- Forces from the proposed operation at any time subchapter I of such chapter is amended by section (b); and to take any action it considers necessary to adding at the end the following new item: (3) by striking out subsection (e) and inserting in lieu thereof the following: protect those forces if they are engaged. ‘‘405. Placement of United States forces under ‘‘(2) A report setting forth the following: ‘‘(c) STATUS REPORTS.—(1) The Secretary of United Nations command or con- Defense shall submit to the congressional com- ‘‘(A) A description of the national security in- trol: limitation.’’. terests that require the placement of United mittees specified in subsection (f) an annual re- (b) REPORT RELATING TO CONSTITUTIONAL- States forces under United Nations command or port on the provision of humanitarian assist- ITY.—No certification may be submitted by the control. ance pursuant to this section for the prior fiscal ‘‘(B) The mission of the United States forces President under section 405(d)(1) of title 10, year. The report shall be submitted each year at involved. United States Code, as added by subsection (a), the time of the budget submission by the Presi- ‘‘(C) The expected size and composition of the until the President has submitted to the Con- dent for the next fiscal year. United States forces involved. gress (after the date of the enactment of this ‘‘(2) Each report required by paragraph (1) ‘‘(D) The incremental cost to the United Act) a memorandum of legal points and authori- shall cover all provisions of law that authorize States of participation in the United Nations op- ties explaining why the placement of elements of appropriations for humanitarian assistance to eration by the United States forces which are United States Armed Forces under the command be available from the Department of Defense for proposed to be placed under United Nations or operational control of a foreign national act- the purposes of this section. command or control. ing on behalf of the United Nations does not ‘‘(3) Each report under this subsection shall ‘‘(E) The precise command and control rela- violate the Constitution. set forth the following information regarding ac- tionship between the United States forces in- (c) EXCEPTION FOR ONGOING OPERATIONS IN tivities during the previous fiscal year: volved and the United Nations command struc- MACEDONIA AND CROATIA.—Section 405 of title ‘‘(A) The total amount of funds obligated for ture. 10, United States Code, as added by subsection humanitarian relief under this section. ‘‘(F) The precise command and control rela- (a), does not apply in the case of activities of ‘‘(B) The number of scheduled and completed tionship between the United States forces in- the Armed Forces as part of the United Nations transportation missions for purposes of provid- volved and the commander of the United States force designated as the United Nations Protec- ing humanitarian assistance under this section. unified command for the region in which those tion Force (UNPROFOR) that are carried out— ‘‘(C) A description of any transfer of excess United States forces are to operate. (1) in Macedonia pursuant to United Nations nonlethal supplies of the Department of Defense ‘‘(G) The extent to which the United States Security Council Resolution 795, adopted De- made available for humanitarian relief purposes forces involved will rely on non-United States cember 11, 1992, and subsequent reauthorization under section 2547 of this title. The description forces for security and self-defense and an as- Resolutions; or shall include the date of the transfer, the entity sessment on the ability of those non-United (2) in Croatia pursuant to United Nations Se- to whom the transfer is made, and the quantity States forces to provide adequate security to the curity Council Resolution 743, adopted February of items transferred.’’; United States forces involved. 21, 1992, and subsequent reauthorization Reso- (4) by redesignating subsection (f) as sub- ‘‘(H) The timetable for complete withdrawal of lutions. section (d) and in that subsection striking out the United States forces involved. SEC. 1202. LIMITATION ON USE OF DEPARTMENT ‘‘the Committees on’’ and all that follows ‘‘(e) CLASSIFICATION OF REPORT.—A report OF DEFENSE FUNDS FOR UNITED through ‘‘House of Representatives of the’’ and under subsection (d) shall be submitted in un- STATES SHARE OF COSTS OF UNITED inserting in lieu thereof ‘‘the congressional com- classified form and, if necessary, in classified NATIONS PEACEKEEPING ACTIVI- mittees specified in subsection (f) and the Com- TIES. form. mittees on Appropriations of the Senate and ‘‘(f) UNITED NATIONS COMMAND OR CON- (a) IN GENERAL.—(1) Chapter 20 of title 10, United States Code, is amended by inserting House of Representatives of the’’; TROL.—For purposes of this section, an element (5) by redesignating subsection (g) as sub- after section 405, as added by section 1201, the of the Armed Forces shall be considered to be section (e); and following new section: placed under United Nations command or con- (6) by adding at the end the following new trol if— ‘‘§ 406. Use of Department of Defense funds for subsection: ‘‘(1) that element is under the command or United States share of costs of United Na- ‘‘(f) CONGRESSIONAL COMMITTEES.—The con- operational control of an individual acting on tions peacekeeping activities: limitation gressional committees referred to in subsections behalf of the United Nations for the purpose of ‘‘(a) PROHIBITION ON USE OF FUNDS.—Funds (c)(1) and (d) are the following: international peacekeeping, peacemaking, available to the Department of Defense may not ‘‘(1) The Committee on Armed Services and the peace-enforcing, or similar activity that is au- be used to make a financial contribution (di- Committee on Foreign Relations of the Senate. thorized by the Security Council under chapter rectly or through another department or agency ‘‘(2) The Committee on National Security and VI or VII of the Charter of the United Nations; of the United States) to the United Nations— the Committee on International Relations of the and ‘‘(1) for the costs of a United Nations peace- House of Representatives.’’. ‘‘(2) the senior military commander of the keeping activity; or SEC. 1213. LANDMINE CLEARANCE PROGRAM. United Nations force or operation— ‘‘(2) for any United States arrearage to the (a) INCLUSION IN GENERAL HUMANITARIAN AS- ‘‘(A) is a foreign national or is a citizen of the United Nations. SISTANCE PROGRAM.—Subsection (e) of section United States who is not a United States mili- ‘‘(b) APPLICATION OF PROHIBITION.—The pro- 401 of title 10, United States Code, is amended— tary officer serving on active duty; or hibition in subsection (a) applies to voluntary (1) by striking out ‘‘means—’’ and inserting in ‘‘(B) is a United States military officer serving contributions, as well as to contributions pursu- lieu thereof ‘‘means:’’; on active duty but— ant to assessment by the United Nations for the ‘‘(i) that element of the armed forces is under (2) by revising the first word in each of para- United States share of the costs of a peacekeep- the command or operational control of a subor- graphs (1) through (4) so that the first letter of ing activity.’’. such word is upper case; dinate commander who is a foreign national or (2) The table of sections at the beginning of (3) by striking out the semicolon at the end of a citizen of the United States who is not a Unit- such chapter is amended by inserting after the paragraphs (1) and (2) and inserting in lieu ed States military officer serving on active duty; item relating to section 405, as added by section thereof a period; and 1201, the following new item: ‘‘(ii) that senior military commander does not (4) by striking out ‘‘; and’’ at the end of para- have the authority— ‘‘406. Use of Department of Defense funds for graph (3) and inserting in lieu thereof a period; ‘‘(I) to dismiss any subordinate officer in the United States share of costs of and chain of command who is exercising command or United Nations peacekeeping ac- (5) by adding at the end the following new operational control over United States forces tivities: limitation.’’. paragraph: and who is a foreign national or a citizen of the (b) EFFECTIVE DATE.—Section 406 of title 10, ‘‘(5) Detection and clearance of landmines, in- United States who is not a United States mili- United States Code, as added by subsection (a), cluding activities relating to the furnishing of tary officer serving on active duty; shall take effect on October 1, 1995. education, training, and technical assistance June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5845 with respect to the detection and clearance of SEC. 1224. DEFENSE EXPORT LOAN GUARANTEES. ‘‘§ 2540d. Definitions landmines.’’. (a) ESTABLISHMENT OF PROGRAM.—(1) Chap- ‘‘In this subchapter: (b) LIMITATION ON LANDMINE ASSISTANCE BY ter 148 of title 10, United States Code, is amend- ‘‘(1) The terms ‘defense article’, ‘defense serv- MEMBERS OF ARMED FORCES.—Subsection (a) of ed by adding at the end the following new sub- ices’, and ‘design and construction services’ such section is amended by adding at the end chapter: have the meanings given those terms in section the following new paragraph: ‘‘SUBCHAPTER VI—DEFENSE EXPORT 47 of the Arms Export Control Act (22 U.S.C. ‘‘(4) The Secretary of Defense shall ensure LOAN GUARANTEES 2794). that no member of the armed forces, while pro- ‘‘Sec. ‘‘(2) The term ‘cost’, with respect to a loan viding assistance under this section that is de- ‘‘2540. Establishment of loan guarantee pro- scribed in subsection (e)(5)— guarantee, has the meaning given that term in gram. section 502 of the Congressional Budget and Im- ‘‘(A) engages in the physical detection, lifting, ‘‘2540a. Transferability. or destroying of landmines (unless the member poundment Control Act of 1974 (2 U.S.C. ‘‘2540b. Limitations. 661a).’’. does so for the concurrent purpose of supporting ‘‘2540c. Fees charged and collected. (2) The table of subchapters at the beginning a United States military operation); or ‘‘2540d. Definitions. ‘‘(B) provides such assistance as part of a of such chapter is amended by adding at the end ‘‘§ 2540. Establishment of loan guarantee pro- military operation that does not involve the the following new item: gram armed forces.’’. ‘‘VI. Defense Export Loan Guarantees .. 2540’’. ‘‘(a) ESTABLISHMENT.—In order to meet the (c) REPEAL.—Section 1413 of the National De- (b) REPORT.—Not later than two years after national security objectives in section 2501(a) of fense Authorization Act for Fiscal Year 1995 the date of the enactment of this Act, the Presi- this title, the Secretary of Defense shall estab- (Public Law 103–337; 108 Stat. 2913; 10 U.S.C. dent shall submit to Congress a report on the lish a program under which the Secretary may 401 note) is repealed. loan guarantee program established pursuant to issue guarantees assuring a lender against section 2540 of title 10, United States Code, as Subtitle C—Other Matters losses of principal or interest, or both principal added by subsection (a). The report shall in- SEC. 1221. REVISION OF DEFINITION OF LAND- and interest, arising out of the financing of the clude— MINE FOR PURPOSES OF LANDMINE sale or long-term lease of defense articles, de- EXPORT MORATORIUM. fense services, or design and construction serv- (1) an analysis of the costs and benefits of the Section 1423(d)(3) of the National Defense Au- ices to a country referred to in subsection (b). loan guarantee program; and thorization Act for Fiscal Year 1994 (Public Law ‘‘(b) COVERED COUNTRIES.—The authority (2) any recommendations for modification of 103–160; 107 Stat. 1831) is amended by striking under subsection (a) applies with respect to the the program that the President considers appro- out ‘‘by remote control or’’ . following countries: priate, including— SEC. 1222. EXTENSION AND AMENDMENT OF ‘‘(1) A member nation of the North Atlantic (A) any recommended addition to the list of COUNTERPROLIFERATION AUTHORI- Treaty Organization (NATO). countries for which a guarantee may be issued TIES. ‘‘(2) A country designated as of March 31, under the program; and (a) ONE-YEAR EXTENSION OF PROGRAM.—Sec- 1995, as a major non-NATO ally pursuant to (B) any proposed legislation necessary to au- tion 1505 of the Weapons of Mass Destruction section 2350a(i)(3) of this title. thorize a recommended modification. Control Act of 1992 (title XV of Public Law 102– ‘‘(3) A country that was a member nation of 484; 22 U.S.C. 5859a) is amended— SEC. 1225. ACCOUNTING FOR BURDENSHARING the Asia Pacific Economic Cooperation (APEC) CONTRIBUTIONS. (1) in subsection (a), by striking out ‘‘during as of March 31, 1995. (a) AUTHORITY TO MANAGE CONTRIBUTIONS IN fiscal years 1994 and 1995’’; ‘‘(c) AUTHORITY SUBJECT TO PROVISIONS OF LOCAL CURRENCY, ETC.—Subsection (b) of sec- (2) in subsection (e)(1), by striking out ‘‘fiscal APPROPRIATION ACTS.—The Secretary may years 1994 and 1995’’ and inserting in lieu there- tion 2350j of title 10, United States Code, is guarantee a loan under this subchapter only to amended to read as follows: of ‘‘a fiscal year during which the authority of such extent or in such amounts as may be pro- ‘‘(b) ACCOUNTING.—Contributions accepted the Secretary of Defense to provide assistance vided in advance in appropriations Acts. under this section is in effect’’; and under subsection (a) which are not related to se- (3) by adding at the end the following new ‘‘§ 2540a. Transferability curity assistance may be accepted, managed, subsection: ‘‘A guarantee issued under this subchapter and expended in dollars or in the currency of ‘‘(f) TERMINATION OF AUTHORITY.—The au- shall be fully and freely transferable. the host nation (or, in the case of a contribution thority of the Secretary of Defense to provide ‘‘§ 2540b. Limitations from a regional organization, in the currency in assistance under this section terminates at the ‘‘(a) TERMS AND CONDITIONS OF LOAN GUAR- which the contribution was provided). Any such close of fiscal year 1996.’’. ANTEES.—In issuing a guarantee under this sub- contribution shall be placed in an account es- (b) PROGRAM AUTHORITIES.—(1) Subsections chapter for a medium-term or long-term loan, tablished for such purpose and shall remain (b)(2) and (d)(3) of such section are amended by the Secretary may not offer terms and condi- available until expended for the purposes speci- striking out ‘‘the On-Site Inspection Agency’’ tions more beneficial than those that would be fied in subsection (c). The Secretary of Defense and inserting in lieu thereof ‘‘the Department of provided to the recipient by the Export-Import shall establish a separate account for such pur- Defense’’. Bank of the United States under similar cir- pose for each country or regional organization (2) Subsection (c)(3) of such section is amend- cumstances in conjunction with the provision of from which such contributions are accepted ed by striking out ‘‘will be counted’’ and all guarantees for nondefense articles and services. under subsection (a).’’. that follows and inserting in lieu thereof ‘‘will ‘‘(b) LOSSES ARISING FROM FRAUD OR MIS- (b) CONFORMING AMENDMENT.—Subsection (d) be counted as discretionary spending in the na- REPRESENTATION.—No payment may be made of such section is amended by striking out tional defense budget function (function 050).’’. under a guarantee issued under this subchapter ‘‘credited under subsection (b) to an appropria- (c) AMOUNT OF ASSISTANCE.—Subsection (d) of for a loss arising out of fraud or misrepresenta- tion account of the Department of Defense’’ and such section is amended— tion for which the party seeking payment is re- inserting in lieu thereof ‘‘placed in an account (1) in paragraph (1)— sponsible. established under subsection (b)’’. (A) by striking out ‘‘for fiscal year 1994’’ the ‘‘(c) NO RIGHT OF ACCELERATION.—The Sec- (c) TECHNICAL AMENDMENT.—Such section is first place it appears and all that follows retary of Defense may not accelerate any guar- further amended— through the period at the end of the second sen- anteed loan or increment, and may not pay any (1) in subsection (e)(1), by striking out ‘‘a re- tence and inserting in lieu thereof ‘‘for any fis- amount, in respect of a guarantee issued under port to the congressional defense committees’’ cal year shall be derived from amounts made this subchapter, other than in accordance with and inserting in lieu thereof ‘‘to the congres- available to the Department of Defense for that the original payment terms of the loan. sional committees specified in subsection (g) a fiscal year.’’; and report’’; and (B) by striking out ‘‘referred to in this para- ‘‘§ 2540c. Fees charged and collected (2) by adding at the end the following new graph’’; and ‘‘(a) IN GENERAL.—The Secretary of Defense subsection: (2) in paragraph (3)— shall charge a fee (known as ‘exposure fee’) for (A) by striking out ‘‘may not exceed’’ and all each guarantee issued under this subchapter. ‘‘(g) CONGRESSIONAL COMMITTEES.—The con- that follows through ‘‘1995’’; and ‘‘(b) AMOUNT.—To the extent that the cost of gressional committees referred to in subsection (B) by inserting before the period at the end the loan guarantees under this subchapter is (e)(1) are— the following: ‘‘, may not exceed $25,000,000 for not otherwise provided for in appropriations ‘‘(1) the Committee on Armed Services and the fiscal year 1994, $20,000,000 for fiscal year 1995, Acts, the fee imposed under this section with re- Committee on Appropriations of the Senate; and or $15,000,000 for fiscal year 1996’’. spect to a loan guarantee shall be fixed in an ‘‘(2) the Committee on National Security and SEC. 1223. PROHIBITION ON USE OF FUNDS FOR amount sufficient to meet potential liabilities of the Committee on Appropriations of the House ACTIVITIES ASSOCIATED WITH THE the United States under the loan guarantee. of Representatives.’’. UNITED STATES-PEOPLE’S REPUBLIC ‘‘(c) PAYMENT TERMS.—The fee for each guar- SEC. 1226. AUTHORITY TO ACCEPT CONTRIBU- OF CHINA JOINT DEFENSE CONVER- antee shall become due as the guarantee is is- TIONS FOR EXPENSES OF RELOCA- SION COMMISSION. sued. In the case of a guarantee for a loan TION WITHIN HOST NATION OF Funds appropriated to the Department of De- which is disbursed incrementally, and for which UNITED STATES ARMED FORCES fense for fiscal year 1996 may not be obligated or the guarantee is correspondingly issued incre- OVERSEAS. expended for any activity associated with the mentally as portions of the loan are disbursed, (a) IN GENERAL.—(1) Subchapter II of chapter United States-People’s Republic of China Joint the fee shall be paid incrementally in proportion 138 of title 10, United States Code, is amended Defense Conversion Commission. to the amount of the guarantee that is issued. by adding at the end the following new section: H 5846 CONGRESSIONAL RECORD — HOUSE June 13, 1995 ‘‘§ 2350k. Relocation within host nation of ele- tion, which account is blocked such that funds phased-array radar that was judged to be for ments of armed forces overseas deposited cannot be withdrawn except by or ballistic missile early warning and tracking. ‘‘(a) AUTHORITY TO ACCEPT CONTRIBUTIONS.— with the approval of the United States. (5) The Krasnoyarsk radar was certified by The Secretary of Defense may accept contribu- ‘‘(3) Cash, which shall be deposited in a sepa- the Reagan Administration and previous ses- tions from any nation because of or in support rate trust fund in the United States Treasury sions of Congress as an unequivocal violation by of the relocation of elements of the armed forces pending expenditure and which shall accrue in- the Soviet Union of the Anti-Ballistic Missile from or to any location within that nation. terest in accordance with section 9702 of title 31. Treaty. Such contributions may be accepted in dollars ‘‘(d) ANNUAL REPORT TO CONGRESS.—Not later (6) Retired Soviet General Y.V. Votintsev, Di- or in the currency of the host nation. Any such than 30 days after the end of each fiscal year, rector of the Soviet National Air Defense Forces contribution shall be placed in an account es- the Secretary shall submit to Congress a report from 1967 to 1985, has publicly stated that he tablished for such purpose and shall remain specifying— was directed by the Chief of the Soviet General ‘‘(1) the amount of the contributions accepted available until expended for the purposes speci- staff to locate the large phased-array radar at by the Secretary during the preceding fiscal fied in subsection (b). The Secretary shall estab- Krasnoyarsk despite the recognition that its lo- year under subsection (a) and the purposes for lish a separate account for such purpose for cation would be a clear violation of the ABM which the contributions were made; and each country from which such contributions are Treaty. accepted. ‘‘(2) the amount of the contributions expended (7) General Votintsev has publicly stated that ‘‘(b) USE OF CONTRIBUTIONS.—The Secretary by the Secretary during the preceding fiscal may use a contribution accepted under sub- year and the purposes for which the contribu- Marshal D.F. Ustinov, Soviet Minister of De- section (a) only for payment of costs incurred in tions were expended.’’. fense, threatened to relieve from duty any Soviet connection with the relocation concerning (2) The table of sections at the beginning of officer who continued to object to the construc- which the contribution was made. Those costs subchapter II of chapter 138 of such title is tion of a large-phased array radar at include the following: amended by adding at the end the following Krasnoyarsk. ‘‘(1) Design and construction services, includ- new item: (b) SENSE OF CONGRESS.—It is the sense of ing development and review of statements of ‘‘2350k. Relocation within host nation of ele- Congress that— work, master plans and designs, acquisition of ments of armed forces overseas.’’. (1) the government of the Soviet Union inten- construction, and supervision and administra- (b) EFFECTIVE DATE.—Section 2350k of title 10, tionally violated its legal obligations under the tion of contracts relating thereto. United States Code, as added by subsection (a), 1972 Anti-Ballistic Missile Treaty in order to ad- ‘‘(2) Transportation and movement services, shall take effect on October 1, 1995, and shall vance its national security interests; and including packing, unpacking, storage, and apply to contributions for relocation of elements (2) the United States should remain vigilant in transportation. of the Armed Forces in or to any nation received ensuring compliance by Russia with its arms ‘‘(3) Communications services, including in- on or after such date. control obligations and should, when pursuing stallation and deinstallation of communications future arms control agreements with Russia, equipment, transmission of messages and data, SEC. 1227. SENSE OF CONGRESS ON ABM TREATY VIOLATIONS. bear in mind violations of arms control obliga- and rental of transmission capability. tions by the Soviet Union. ‘‘(4) Supply and administration, including ac- (a) FINDINGS.—The Congress finds the follow- quisition of expendable office supplies, rental of ing: DIVISION B—MILITARY CONSTRUCTION office space, budgeting and accounting services, (1) The 1972 Anti-Ballistic Missile Treaty pro- AUTHORIZATIONS hibits either party from deploying ballistic mis- auditing services, secretarial services, and trans- SEC. 2001. SHORT TITLE. lation services. sile early warning radars except at locations ‘‘(5) Personnel costs, including salary, allow- along the periphery of its national territory and This division may be cited as the ‘‘Military ances and overhead of employees whether full- oriented outward. Construction Authorization Act for Fiscal Year time or part-time, temporary or permanent (ex- (2) The 1972 Anti-Ballistic Missile Treaty pro- 1996’’. hibits either party from deploying an ABM sys- cept for military personnel), and travel and tem- TITLE XXI—ARMY porary duty costs. tem to defend its national territory and from ‘‘(6) All other clearly identifiable expenses di- providing a base for any such nationwide de- SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. rectly related to relocation. fense. ‘‘(c) METHOD OF CONTRIBUTION.—Contribu- (3) Large phased-array radars were recog- (a) INSIDE THE UNITED STATES.—Using tions may be accepted in any of the following nized during negotiation of the Anti-Ballistic amounts appropriated pursuant to the author- forms: Missile Treaty as the critical long lead-time ele- ization of appropriations in section 2104(a)(1), ‘‘(1) Irrevocable letter of credit issued by a fi- ment of a nationwide defense against ballistic the Secretary of the Army may acquire real nancial institution acceptable to the Treasurer missiles. property and carry out military construction of the United States. (4) In 1983 the United States discovered the projects for the installations and locations in- ‘‘(2) Drawing rights on a commercial bank ac- construction, in the interior of the Soviet Union side the United States, and in the amounts, set count established and funded by the host na- near the town of Krasnoyarsk, of a large forth in the following table:

Army: Inside the United States

State Installation or location Amount

Alabama ...... Fort Rucker ...... $5,900,000 Redstone Arsenal ...... $5,000,000 Arizona ...... Fort Huachuca ...... $18,550,000 California ...... Fort Irwin ...... $25,500,000 Presidio of San Francisco ...... $3,000,000 Colorado ...... Fort Carson ...... $30,850,000 District of Columbia ...... Fort McNair ...... $13,500,000 Georgia ...... Fort Benning ...... $37,900,000 Fort Gordon ...... $5,750,000 Fort Stewart ...... $8,400,000 Hawaii ...... Schofield Barracks ...... $15,000,000 Kentucky ...... Fort Knox ...... $5,600,000 Missouri ...... Fort Leonard Wood ...... $3,900,000 New Jersey ...... Picatinny Arsenal ...... $5,500,000 New Mexico ...... White Sands Missile Range ...... $2,050,000 New York ...... Fort Drum ...... $11,450,000 United States Military Academy ...... $8,300,000 Watervliet Arsenal ...... $680,000 North Carolina ...... Fort Bragg ...... $29,700,000 Oklahoma ...... Fort Sill ...... $14,300,000 South Carolina ...... Naval Weapons Station, Charleston ...... $25,700,000 Fort Jackson ...... $32,000,000 Texas ...... Fort Hood ...... $32,500,000 Fort Bliss ...... $56,900,000 Fort Sam Houston ...... $7,000,000 Virginia ...... Fort Eustis ...... $16,400,000 Fort Myer ...... $17,000,000 Washington ...... Fort Lewis ...... $32,100,000 CONUS Classified ...... Classified Location ...... $1,900,000 Total: ...... $472,330,000 June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5847

(b) OUTSIDE THE UNITED STATES.—Using the Secretary of the Army may acquire real States, and in the amounts, set forth in the fol- amounts appropriated pursuant to the author- property and carry out military construction lowing table: ization of appropriations in section 2104(a)(2), projects for the locations outside the United

Army: Outside the United States

Country Installation or location Amount

Korea ...... Camp Casey ...... $4,150,000 Camp Hovey ...... $13,500,000 Camp Pelham ...... $5,600,000 Camp Stanley ...... $6,800,000 Yongsan ...... $1,450,000 Overseas Classified ...... Classified Location ...... $48,000,000 Total: ...... $79,500,000

SEC. 2102. FAMILY HOUSING. ization of appropriations in section cluding land acquisition) at the installations, (a) CONSTRUCTION AND ACQUISITION.—Using 2104(a)(5)(A), the Secretary of the Army may for the purposes, and in the amounts set forth amounts appropriated pursuant to the author- construct or acquire family housing units (in- in the following table:

Army: Family Housing

State Installation Purpose Amount

Alabama . Redstone Arsenal ...... 118 units ...... $12,000,000 Kentucky Fort Knox ...... 262 units ...... $19,000,000 New York United States Military Academy, West Point ...... 119 units ...... $16,500,000 Virginia .. Fort Lee ...... 135 units ...... $19,500,000 Washing- Fort Lewis ...... 84 units ...... $10,800,000 ton. Total: ...... $77,800,000

(b) PLANNING AND DESIGN.—Using amounts Army in the total amount of $2,167,190,000 as States Code, $75,586,000, to remain available appropriated pursuant to the authorization of follows: until expended. appropriations in section 2104(a)(5)(A), the Sec- (1) For military construction projects inside (b) LIMITATION ON TOTAL COST OF CONSTRUC- retary of the Army may carry out architectural the United States authorized by section 2101(a), TION PROJECTS.—Notwithstanding the cost vari- and engineering services and construction de- $472,330,000. ations authorized by section 2853 of title 10, sign activities with respect to the construction (2) For military construction projects outside United States Code, and any other cost vari- or improvement of family housing units in an the United States authorized by section 2101(b), ation authorized by law, the total cost of all amount not to exceed $2,000,000. $79,500,000. projects carried out under section 2101 of this (3) For unspecified minor military construc- SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY Act may not exceed the total amount authorized tion projects authorized by section 2805 of title HOUSING UNITS. to be appropriated under paragraphs (1) and (2) Subject to section 2825 of title 10, United 10, United States Code, $9,000,000. (4) For architectural and engineering services of subsection (a). States Code, and using amounts appropriated and construction design under section 2807 of TITLE XXII—NAVY pursuant to the authorization of appropriations title 10, United States Code, $70,778,000. in section 2104(a)(5)(A), the Secretary of the (5) For military family housing functions: SEC. 2201. AUTHORIZED NAVY CONSTRUCTION Army may improve existing military family (A) For construction and acquisition, plan- AND LAND ACQUISITION PROJECTS. housing in an amount not to exceed $46,600,000. ning and design, and improvements of military (a) INSIDE THE UNITED STATES.—Using SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, family housing and facilities, $126,400,000. amounts appropriated pursuant to the author- ARMY. (B) For support of military family housing ization of appropriations in section 2204(a)(1), (a) IN GENERAL.—Funds are hereby author- (including the functions described in section the Secretary of the Navy may acquire real ized to be appropriated for fiscal years begin- 2833 of title 10, United States Code), property and carry out military construction ning after September 30, 1995, for military con- $1,333,596,000. projects for the installations and locations in- struction, land acquisition, and military family (6) For the Homeowners Assistance Program, side the United States, and in the amounts, set housing functions of the Department of the as authorized by section 2832 of title 10, United forth in the following table:

Navy: Inside the United States

State Installation or location Amount

California ...... Marine Corps Air-Ground Combat Center, Twentynine Palms ...... $2,490,000 Marine Corps Base, Camp Pendleton ...... $27,584,000 Nav Com Control & Ocean Sur Cen RDT&E Div, San Diego ...... $3,170,000 Naval Air Station, Lemoore ...... $7,600,000 Naval Air Station, North Island ...... $99,150,000 Naval Air Warfare Center Weapons Division, China Lake ...... $3,700,000 Naval Air Warfare Center Weapons Division, Point Mugu ...... $1,300,000 Naval Construction Batallion Center, Port Hueneme ...... $16,700,000 Naval Station, San Diego ...... $19,960,000 Florida ...... Naval School Explosive Ordinance Disposal, Eglin Air Force Base ...... $16,150,000 Naval Technical Training Center, Corry Station, Pensacola ...... $2,565,000 Georgia ...... Strategic Weapons Facility, Atlantic, Kings Bay ...... $2,450,000 Marine Corps Logistics Base, Albany ...... $1,300,000 Hawaii ...... Intelligence Center Pacific, Pearl Harbor ...... $2,200,000 Naval Com & Telecoms Area MASTSTA EASTPAC, Honolulu ...... $1,980,000 Naval Submarine Base, Pearl Harbor ...... $22,500,000 Illinois ...... Naval Training Center, Great Lakes ...... $12,440,000 Indiana ...... Crane Naval Surface Warfare Center ...... $3,300,000 Maryland ...... Naval Academy, Annapolis ...... $3,600,000 Various Maryland Locations ...... $1,200,000 New Jersey ...... Naval Air Warfare Center Aircraft Division, Lakehurst ...... $1,700,000 North Carolina . Marine Corps Air Station, Cherry Point ...... $11,430,000 Marine Corps Air Station, New River ...... $14,650,000 Marine Corps Base, Camp LeJeune ...... $59,300,000 Pennsylvania ... Philadelphia Naval Shipyard ...... $6,000,000 South Carolina Marine Corps Air Station, Beaufort ...... $15,000,000 Texas ...... Naval Air Station, Corpus Christi ...... $4,400,000 Naval Air Station, Kingsville ...... $2,710,000 Naval Station, Ingleside ...... $2,640,000 Virginia ...... Fleet and Industrial Supply Center, Williamsburg ...... $8,390,000 Marine Corps Combat Development Command, Quantico ...... $3,500,000 Naval Hospital, Portsmouth ...... $9,500,000 Naval Station, Norfolk ...... $28,580,000 Naval Weapons Station, Yorktown ...... $1,300,000 Washington ..... Naval Undersea Warfare Center Division, Keyport ...... $5,300,000 H 5848 CONGRESSIONAL RECORD — HOUSE June 13, 1995 Navy: Inside the United States—Continued

State Installation or location Amount

Puget Sound Naval Shipyard, Bremerton ...... $19,870,000 Total: ...... $445,609,000

(b) OUTSIDE THE UNITED STATES.—Using the Secretary of the Navy may acquire real side the United States, and in the amounts, set amounts appropriated pursuant to the author- property and carry out military construction forth in the following table: ization of appropriations in section 2204(a)(2), projects for the installations and locations out-

Navy: Outside the United States

Country Installation or location Amount

Guam ...... Naval Com & Telecoms Area MASTSTA WESTPAC ...... $2,250,000 Navy Public Works Center, Guam ...... $16,180,000 Italy ...... Naval Air Station, Sigonella ...... $12,170,000 Naval Support Activity, Naples ...... $24,950,000 Puerto Naval Security Group Activity, Sabana Seca ...... $2,200,000 Rico. Naval Station, Roosevelt Roads ...... $11,500,000 Total ...... $69,250,000

SEC. 2202. FAMILY HOUSING. ization of appropriations in section cluding land acquisition) at the installations, (a) CONSTRUCTION AND ACQUISITION.—Using 2204(a)(5)(A), the Secretary of the Navy may for the purposes, and in the amounts set forth amounts appropriated pursuant to the author- construct or acquire family housing units (in- in the following table:

Navy: Family Housing

State Installation Purpose Amount

California ...... Marine Corps Base, Camp Pendleton ...... 205 units ...... $30,080,000 Marine Corps Base, Camp Pendleton ...... Community Center ...... $1,438,000 Marine Corps Base, Camp Pendleton ...... Housing Office ...... $707,000 Naval Air Station, Lemoore ...... 240 units ...... $34,900,000 Pacific Missile Test Center, Point Mugu ...... Housing Office ...... $1,020,000 Public Works Center, San Diego ...... 346 units ...... $49,310,000 Hawaii ...... Naval Complex, Oahu ...... 252 units ...... $48,400,000 Maryland ...... Naval Air Test Center, Patuxent River ...... Warehouse ...... $890,000 US Naval Academy, Annapolis ...... Housing Office ...... $800,000 North Carolina Marine Corps Air Station, Cherry Point ...... Community Center ...... $1,003,000 Pennsylvania .. Navy Ships Parts Control Center, Mechanicsburg ...... Housing Office ...... $300,000 Puerto Rico ..... Naval Station, Roosevelt Roads ...... Housing Office ...... $710,000 Virginia ...... Naval Surface Warfare Center, Dahlgren ...... Housing Office ...... $520,000 Public Works Center, Norfolk ...... 320 units ...... $42,500,000 Public Works Center, Norfolk ...... Housing Office ...... $1,390,000 Total: ...... $230,752,000

(b) PLANNING AND DESIGN.—Using amounts struction, land acquisition, and military family (b) LIMITATION ON TOTAL COST OF CONSTRUC- appropriated pursuant to the authorization of housing functions of the Department of the TION PROJECTS.—Notwithstanding the cost vari- appropriations in section 2204(a)(5)(A), the Sec- Navy in the total amount of $2,164,861,000 as ations authorized by section 2853 of title 10, retary of the Navy may carry out architectural follows: United States Code, and any other cost vari- and engineering services and construction de- (1) For military construction projects inside ation authorized by law, the total cost of all sign activities with respect to the construction the United States authorized by section 2201(a), projects carried out under section 2201 of this or improvement of military family housing units $445,609,000. Act may not exceed the total amount authorized in an amount not to exceed $24,390,000. (2) For military construction projects outside to be appropriated under paragraphs (1) and (2) the United States authorized by section 2201(b), SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY of subsection (a). HOUSING UNITS. $69,250,000. (3) For unspecified minor construction TITLE XXIII—AIR FORCE Subject to section 2825 of title 10, United projects authorized by section 2805 of title 10, States Code, and using amounts appropriated SEC. 2301. AUTHORIZED AIR FORCE CONSTRUC- United States Code, $7,200,000. pursuant to the authorization of appropriations TION AND LAND ACQUISITION (4) For architectural and engineering services PROJECTS. in section 2204(a)(5)(A), the Secretary of the and construction design under section 2807 of Navy may improve existing military family title 10, United States Code, $66,184,000. (a) INSIDE THE UNITED STATES.—Using housing units in an amount not to exceed (5) For military family housing functions: amounts appropriated pursuant to the author- $292,931,000. (A) For construction and acquisition, plan- ization of appropriations in section 2304(a)(1), SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, ning and design, and improvement of military the Secretary of the Air Force may acquire real NAVY. family housing and facilities, $531,289,000. property and carry out military construction (a) IN GENERAL.—Funds are hereby author- (B) For support of military housing (including projects for the installations and locations in- ized to be appropriated for fiscal years begin- functions described in section 2833 of title 10, side the United States, and in the amounts, set ning after September 30, 1994, for military con- United States Code), $1,045,329,000. forth in the following table:

Air Force: Inside the United States

State Installation or location Amount

Alabama ...... Maxwell Air Force Base ...... $3,700,000 Alaska ...... Eielson Air Force Base ...... $3,850,000 Elmendorf Air Force Base ...... $9,100,000 Tin City Long Range RADAR Site ...... $2,500,000 Arizona ...... Davis-Monthan Air Force Base ...... $4,800,000 Luke Air Force Base ...... $5,200,000 Arkansas ...... Little Rock Air Force Base ...... $2,500,000 California ...... Beale Air Force Base ...... $7,500,000 Edwards Air Force Base ...... $33,800,000 Travis Air Force Base ...... $26,700,000 Vandenberg Air Force Base ...... $6,000,000 Colorado ...... Buckley Air National Guard Base ...... $5,500,000 Peterson Air Force Base ...... $4,390,000 US Air Force Academy ...... $12,874,000 Delaware ...... Dover Air Force Base ...... $5,500,000 District of Columbia ...... Bolling Air Force Base ...... $12,100,000 Florida ...... Cape Canaveral Air Force Station ...... $1,600,000 June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5849 Air Force: Inside the United States—Continued

State Installation or location Amount

Eglin Air Force Base ...... $13,500,000 Tyndall Air Force Base ...... $1,200,000 Georgia ...... Moody Air Force Base ...... $19,190,000 Robins Air Force Base ...... $6,900,000 Hawaii ...... Hickam Air Force Base ...... $10,700,000 Idaho ...... Mountain Home Air Force Base ...... $18,650,000 Illinois ...... Scott Air Force Base ...... $12,700,000 Kansas ...... McConnell Air Force Base ...... $15,950,000 Louisiana ...... Barksdale Air Force Base ...... $2,500,000 Maryland ...... Andrews Air Force Base ...... $12,886,000 Mississippi ...... Columbus Air Force Base ...... $1,150,000 Keesler Air Force Base ...... $14,800,000 Missouri ...... Whiteman Air Force Base ...... $24,600,000 Nevada ...... Nellis Air Force Base ...... $10,500,000 New Jersey ...... McGuire Air Force Base ...... $21,500,000 New Mexico ...... Cannon Air Force Base ...... $13,420,000 Kirtland Air Force Base ...... $9,156,000 North Carolina ...... Pope Air Force Base ...... $8,250,000 Seymour Johnson Air Force Base ...... $7,530,000 North Dakota ...... Grand Forks Air Force Base ...... $14,800,000 Minot Air Force Base ...... $1,550,000 Ohio ...... Wright Patterson Air Force Base ...... $4,100,000 Oklahoma ...... Altus Air Force Base ...... $5,200,000 Tinker Air Force Base ...... $5,100,000 South Carolina ...... Charleston Air Force Base ...... $12,500,000 Shaw Air Force Base ...... $1,300,000 Tennessee ...... Arnold Air Force Base ...... $5,000,000 Texas ...... Dyess Air Force Base ...... $5,400,000 Goodfellow Air Force Base ...... $1,000,000 Kelly Air Force Base ...... $3,244,000 Laughlin Air Force Base ...... $1,400,000 Randolph Air Force Base ...... $3,100,000 Reese Air Force Base ...... $1,200,000 Sheppard Air Force Base ...... $1,500,000 Virginia ...... Langley Air Force Base ...... $1,000,000 Washington ...... Fairchild Air Force Base ...... $15,700,000 McChord Air Force Base ...... $9,900,000 Wyoming ...... F.E. Warren Air Force Base ...... $13,000,000 CONUS Classified ...... Classified Location ...... $700,000 Total: ...... $479,390,000

(b) OUTSIDE THE UNITED STATES.—Using the Secretary of the Air Force may acquire real outside the United States, and in the amounts, amounts appropriated pursuant to the author- property and may carry out military construc- set forth in the following table: ization of appropriations in section 2304(a)(2), tion projects for the installations and locations

Air Force: Outside the United States

Country Installation or location Amount

Germany ...... Spangdahlem Air Base ...... $8,380,000 Vogelweh Annex ...... 2,600,000 Greece ...... Araxos Radio Relay Site ...... 1,950,000 Italy ...... Aviano Air Base ...... 2,350,000 Ghedi Radio Relay Site ...... 1,450,000 Turkey ...... Ankara Air Station ...... 7,000,000 Incirlik Air Base ...... 4,500,000 United Kingdom ...... Lakenheath Royal Air Force Base ...... 1,820,000 Mildenhall Royal Air Force Base ...... 2,250,000 Overseas Classified ...... Classified Location ...... 17,100,000 Total: ...... $49,400,000

SEC. 2302. FAMILY HOUSING. ization of appropriations in section cluding land acquisition) at the installations, (a) CONSTRUCTION AND ACQUISITION.—Using 2304(a)(5)(A), the Secretary of the Air Force may for the purposes, and in the amounts set forth amounts appropriated pursuant to the author- construct or acquire family housing units (in- in the following table:

Air Force: Family Housing

State/Country Installation Purpose Amount

Alaska ...... Elmendorf Air Force Base ...... Housing Office/Maintenance Facility ...... $3,000,000 Arizona ...... Davis-Monthan Air Force Base ...... 80 units ...... 9,498,000 Arkansas ...... Little Rock Air Force Base ...... Replace 1 General Officer Quarters ...... 210,000 California ...... Beale Air Force Base ...... Family Housing Office ...... 842,000 Edwards Air Force Base ...... 127 units ...... 20,750,000 Vandenberg Air Force Base ...... Family Housing Office ...... 900,000 Vandenberg Air Force Base ...... 143 units ...... 20,200,000 Colorado ...... Peterson Air Force Base ...... Family Housing Office ...... 570,000 District of Columbia ...... Bolling Air Force Base ...... 32 units ...... 4,100,000 Florida ...... Eglin Air Force Base ...... Family Housing Office ...... 500,000 Eglin Auxiliary Field 9 ...... Family Housing Office ...... 880,000 MacDill Air Force Base ...... Family Housing Office ...... 646,000 Patrick Air Force Base ...... 70 units ...... 7,947,000 Tyndall Air Force Base ...... 82 units ...... 9,800,000 Georgia ...... Moody Air Force Base ...... 1 Officer & 1 General Officer Quarter ...... 513,000 Guam ...... Andersen Air Force Base ...... Housing Maintenance Facility ...... 1,700,000 Idaho ...... Mountain Home Air Force Base ...... Housing Management Facility ...... 844,000 Kansas ...... McConnell Air Force Base ...... 39 units ...... 5,193,000 Louisiana ...... Barksdale Air Force Base ...... 62 units ...... 10,299,000 Massachusetts ...... Hanscom Air Force Base ...... 32 units ...... 4,900,000 Mississippi ...... Keesler Air Force Base ...... 98 units ...... 9,300,000 Missouri ...... Whiteman Air Force Base ...... 72 units ...... 9,948,000 Nevada ...... Nellis Air Force Base ...... 143 Units ...... 22,357,000 New Mexico ...... Holloman Air Force Base ...... 1 General Officer Quarters ...... 225,000 H 5850 CONGRESSIONAL RECORD — HOUSE June 13, 1995 Air Force: Family Housing—Continued

State/Country Installation Purpose Amount

Kirtland Air Force Base ...... 105 units ...... 11,000,000 North Carolina ...... Pope Air Force Base ...... 104 units ...... 9,984,000 Seymour Johnson Air Force Base ...... 1 General Officer Quarters ...... 204,000 South Carolina ...... Shaw Air Force Base ...... Housing Maintenance Facility ...... 715,000 Texas ...... Dyess Air Force Base ...... Housing Maintenance Facility ...... 580,000 Lackland Air Force Base ...... 67 units ...... 6,200,000 Sheppard Air Force Base ...... Management Office ...... 500,000 Sheppard Air Force Base ...... Housing Maintenance Facility ...... 600,000 Turkey ...... Incirlik Air Base ...... 150 units ...... 10,146,000 Washington ...... McChord Air Force Base ...... 50 units ...... 9,504,000 Total: ...... $194,555,000

(b) PLANNING AND DESIGN.—Using amounts (5) For military housing functions: units constructed using the transferred funds appropriated pursuant to the authorization of (A) For construction and acquisition, plan- (and interest accrued on these funds) may not appropriations in section 2304(a)(5)(A), the Sec- ning and design and improvement of military exceed the number of units of military family retary of the Air Force may carry out architec- family housing and facilities, $294,503,000. housing authorized for Scott Air Force Base, Il- tural and engineering services and construction (B) For support of military family housing linois, in section 2302(a) of the Military Con- design activities with respect to the construction (including the functions described in section struction Authorization Act for Fiscal Year 1993 2833 of title 10, United States Code), $846,213,000. or improvement of military family housing units (division B of Public Law 102–484; 106 Stat. (b) LIMITATION ON TOTAL COST OF CONSTRUC- in an amount not to exceed $8,989,000. 2595).’’. SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY TION PROJECTS.—Notwithstanding the cost vari- HOUSING UNITS. ations authorized by section 2853 of title 10, (c) EFFECT OF COMPLETION OF CONSTRUC- Subject to section 2825 of title 10, United United States Code, and any other cost vari- TION.—Such section is further amended by add- States Code, and using amounts appropriated ation authorized by law, the total cost of all ing at the end the following new subsection: pursuant to the authorization of appropriations projects carried out under section 2301 of this ‘‘(d) COMPLETION OF CONSTRUCTION.—Upon in section 2304(a)(5)(A), the Secretary of the Air Act may not exceed the total amount authorized the completion of the construction authorized by Force may improve existing military family to be appropriated under paragraphs (1) and (2) housing units in an amount not to exceed of subsection (a). this section, all funds remaining from the funds transferred pursuant to subsection (a) and the $90,959,000. SEC. 2305. RETENTION OF ACCRUED INTEREST SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, ON FUNDS DEPOSITED FOR CON- interest accrued on these funds shall be depos- AIR FORCE. STRUCTION OF FAMILY HOUSING, ited in the general fund of the Treasury of the (a) IN GENERAL.—Funds are hereby author- SCOTT AIR FORCE BASE, ILLINOIS. United States.’’. ized to be appropriated for fiscal years begin- (a) RETENTION OF INTEREST.—Section 2310 of ning after September 30, 1995, for military con- the Military Construction Authorization Act for TITLE XXIV—DEFENSE AGENCIES Fiscal Year 1994 (division B of Public Law 103– struction, land acquisition, and military family SEC. 2401. AUTHORIZED DEFENSE AGENCIES housing functions of the Department of the Air 160; 107 Stat. 1874) is amended— CONSTRUCTION AND LAND ACQUISI- Force in the total amount of $1,727,557,000 as (1) by redesignating subsection (b) as sub- TION PROJECTS. follows: section (c); and (1) For military construction projects inside (2) by inserting after subsection (a) the follow- (a) INSIDE THE UNITED STATES.—Using the United States authorized by section 2301(a), ing new subsection: amounts appropriated pursuant to the author- $479,390,000. ‘‘(b) RETENTION OF INTEREST.—Interest ac- ization of appropriations in section 2405(a)(1), (2) For military construction projects outside crued on the funds transferred to the County and, in the case of the project described in sec- the United States authorized by section 2301(b), pursuant to subsection (a) shall be retained in tion 2405(b)(2), other amounts appropriated pur- $49,400,000. the same account as the transferred funds and suant to authorizations enacted after this Act (3) For unspecified minor construction shall be available to the County for the same for that project, the Secretary of Defense may projects authorized by section 2805 of title 10, purpose as the transferred funds.’’. acquire real property and carry out military (b) LIMITATION ON UNITS CONSTRUCTED.—Sub- United States Code, $9,030,000. construction projects for the installations and (4) For architectural and engineering services section (c) of such section, as redesignated by locations inside the United States, and in the and construction design under section 2807 of subsection (a)(1), is amended by adding at the amounts, set forth in the following table: title 10, United States Code, $49,021,000. end the following new sentence: ‘‘The number of

Defense Agencies: Inside the United States

Agency/State Installation or location Amount

Ballistic Missile Defense OrganizationTexas Texas ...... Fort Bliss ...... $13,600,000 Defense Finance & Accounting ServiceOhio Ohio ...... Columbus Center ...... $72,403,000 Defense Intelligence Agency District of Columbia ...... Bolling Air Force Base ...... $1,743,000 Defense Logistics AgencyAlabama Alabama ...... Defense Distribution Anniston ...... $3,550,000 California ...... Defense Distribution Stockton ...... $15,000,000 DFSC, Point Mugu ...... $750,000 Delaware ...... DFSC, Dover Air Force Base ...... $15,554,000 Florida ...... DFSC, Eglin Air Force Base ...... $2,400,000 Louisiana ...... DFSC, Barksdale Air Force Base ...... $13,100,000 New Jersey ...... DFSC, McGuire Air Force Base ...... $12,000,000 Pennsylvania ...... Def Distribution New Cumberland—DDSP ...... $4,600,000 Virginia ...... Defense Distribution Depot—DDNV ...... $10,400,0000 Defense Mapping AgencyMissouri Missouri ...... Defense Mapping Agency Aerospace Center...... $40,300,000 Defense Medical Facility OfficeArizona Arizona ...... Luke Air Force Base ...... $8,100,000 California ...... Fort Irwin ...... $6,900,000 Marine Corps Base, Camp Pendleton ...... $1,700,000 Vandenberg Air Force Base ...... $5,700,000 Delaware ...... Dover Air Force Base ...... $4,400,000 Georgia ...... Fort Benning ...... $5,600,000 Louisiana ...... Barksdale Air Force Base ...... $4,100,000 Maryland ...... Bethesda Naval Hospital ...... $1,300,000 Walter Reed Army Institute of Research ...... $1,550,000 Texas ...... Fort Hood ...... $5,500,000 Lackland Air Force Base ...... $6,100,000 Reese Air Force Base ...... $1,000,000 Virginia ...... Northwest Naval Security Group Activity ...... $4,300,000 National Security Agency Maryland ...... Fort Meade ...... $18,733,000 Office of the Secretary of DefenseInside the United States June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5851 Defense Agencies: Inside the United States—Continued

Agency/State Installation or location Amount

Inside the United States Classified location ...... $11,500,000 Department of Defense Dependents SchoolsAlabama Alabama ...... Maxwell Air Force Base ...... $5,479,000 Georgia ...... Fort Benning ...... $1,116,000 South Carolina ...... Fort Jackson ...... $576,000 Special Operations Command California ...... Naval Air Station, Miramar ...... $5,200,000 Florida ...... Duke Field ...... $2,400,000 Eglin Auxiliary Field 9 ...... $14,150,000 Louisiana ...... Naval Support Activity, New Orleans ...... $730,000 North Carolina ...... Fort Bragg ...... $23,800,000 Pennsylvania ...... Olmstead Field, Harrisburg IAP ...... $1,643,000 Virginia ...... Dam Neck ...... $6,100,000 Naval Amphibious Base, Little Creek ...... $4,500,000 Total: ...... $357,577,000

(b) OUTSIDE THE UNITED STATES.—Using the Secretary of Defense may acquire real prop- United States, and in the amounts, set forth in amounts appropriated pursuant to the author- erty and carry out military construction projects the following table: ization of appropriations in section 2405(a)(2), for the installations and locations outside the

Defense Agencies: Outside the United States

Agency/Country Installation Name Amount

Defense Logistics AgencyPuerto Rico Puerto Rico ...... Defense Fuel Support Point, Roosevelt Roads ...... $6,200,000 Spain ...... DFSC Rota ...... $7,400,000 Defense Medical Facility OfficeItaly Italy ...... Naval Support Activity, Naples ...... $5,000,000 Department of Defense Dependents Schools Germany ...... Ramstein Air Force Base ...... $19,205,000 Italy ...... Naval Air Station, Sigonella ...... $7,595,000 National Security Agency United Kingdom ...... Menwith Hill Station ...... $677,000 Special Operations CommandGuam Guam ...... Naval Station, Guam ...... $8,800,000 Total: ...... $54,877,000

SEC. 2402. FAMILY HOUSING PRIVATE INVEST- thorization Act for Fiscal Years 1990 and 1991 more than $24,874,000 may be obligated or ex- MENT. (division B of Public Law 101–189; 103 Stat. pended for the leasing of military family hous- Using amounts appropriated pursuant to the 1640), $47,900,000. ing units worldwide. authorization of appropriations in section (4) For military construction projects at El- (b) LIMITATION OF TOTAL COST OF CONSTRUC- 2405(a)(13)(A), the Secretary of Defense may mendorf Air Force Base, Alaska, hospital re- enter into agreements to construct, acquire, and placement, authorized by section 2401(a) of the TION PROJECTS.—Notwithstanding the cost vari- improve family housing units (including land Military Construction Authorization Act for ation authorized by section 2853 of title 10, Unit- acquisition) at or near military installations, for Fiscal Year 1993 (division B of Public Law 102– ed States Code, and any other cost variations the purpose of encouraging private investments, 484; 106 Stat. 2599), $28,100,000. authorized by law, the total cost of all projects in the amount of $22,000,000. Amounts appro- (5) For military construction projects at Wal- carried out under section 2401 of this Act may priated pursuant to such section may be trans- ter Reed Army Institute of Research, Maryland, not exceed— ferred from the Department of Defense Family hospital replacement, authorized by section (1) the total amount authorized to be appro- Housing Improvement Fund established under 2401(a) of the Military Construction Authoriza- priated under paragraphs (1) and (2) of sub- section 2873 of title 10, United States Code, to tion Act for Fiscal Year 1993 (division B of Pub- section (a); and the family housing accounts of the military de- lic Law 102–484; 106 Stat. 2599), $27,000,000. partments for the purpose of encouraging pri- (6) For military construction projects at Pine (2) $35,003,000 (the balance of the amount au- vate investments. Bluff Arsenal, Arkansas, authorized by section thorized under section 2401(a) for the construc- SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY 2401(a) of the Military Construction Authoriza- tion of a center of the Defense Finance and Ac- HOUSING UNITS. tion Act for Fiscal Year 1995 (division B of Pub- counting Service at Columbus, Ohio). Subject to section 2825 of title 10, United lic Law 103–337; 108 Stat. 3040), $40,000,000. SEC. 2406. MODIFICATION OF AUTHORITY TO States Code, and using amounts appropriated (7) For military construction projects at pursuant to the authorization of appropriations CARRY OUT FISCAL YEAR 1995 Umatilla Army Depot, Oregon, authorized by PROJECTS. in section 2405(a)(13)(A), the Secretary of De- section 2401(a) of the Military Construction Au- fense may improve existing military family hous- thorization Act for Fiscal Year 1995 (division B The table in section 2401 of the Military Con- ing units in an amount not to exceed $3,772,000. of Public Law 103–337; 108 Stat. 3040), struction Authorization Act for Fiscal Year 1995 SEC. 2404. ENERGY CONSERVATION PROJECTS. $55,000,000. (division B of Public Law 103–337; 108 Stat. Using amounts appropriated pursuant to the (8) For unspecified minor construction 3040), under the agency heading relating to authorization of appropriations in section projects under section 2805 of title 10, United Chemical Weapons and Munitions Destruction, 2405(a)(11), the Secretary of Defense may carry States Code, $23,007,000. is amended— out energy conservation projects under section (9) For contingency construction projects of (1) in the item relating to Pine Bluff Arsenal, 2865 of title 10, United States Code. the Secretary of Defense under section 2804 of title 10, United States Code, $11,037,000. Arkansas, by striking out ‘‘$3,000,000’’ in the SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, amount column and inserting in lieu thereof DEFENSE AGENCIES. (10) For architectural and engineering services ‘‘$115,000,000’’; and (a) IN GENERAL.—Funds are hereby author- and construction design under section 2807 of ized to be appropriated for fiscal years begin- title 10, United State Code, $68,837,000. (2) in the item relating to Umatilla Army ning after September 30, 1995, for military con- (11) For energy conservation projects author- Depot, Oregon, by striking out ‘‘$12,000,000’’ in struction, land acquisition, and military family ized by section 2404, $50,000,000. the amount column and inserting in lieu thereof housing functions of the Department of Defense (12) For base closure and realignment activi- ‘‘$186,000,000’’. (other than the military departments), in the ties as authorized by the Defense Base Closure total amount of $4,692,463,000 as follows: and Realignment Act of 1990 (part A of title SEC. 2407. LIMITATION ON EXPENDITURES FOR (1) For military construction projects inside XXIX of Public Law 101–510; 10 U.S.C. 2687 CONSTRUCTION PROJECT AT the United States authorized by section 2401(a), note), $3,897,892,000. UMATILLA ARMY DEPOT, OREGON. $322,574,000. (13) For military family housing functions: None of the funds appropriated to the Depart- (2) For military construction projects outside (A) For construction and acquisition and im- ment of Defense for fiscal year 1996 for the con- the United States authorized by section 2401(b), provement of military family housing and facili- struction of a chemical munitions incinerator $54,877,000. ties, $25,772,000. facility at Umatilla Army Depot may be obli- (3) For military construction projects at Ports- (B) For support of military housing (including gated or expended before March 1, 1996. mouth Naval Hospital, Virginia, authorized by functions described in section 2833 of title 10, section 2401(a) of the Military Construction Au- United States Code), $40,467,000, of which not H 5852 CONGRESSIONAL RECORD — HOUSE June 13, 1995 TITLE XXV—NORTH ATLANTIC TREATY quisition of land for those facilities), the follow- projects and facilities, and contributions to the ORGANIZATION INFRASTRUCTURE ing amounts: North Atlantic Treaty Organization Infrastruc- SEC. 2501. AUTHORIZED NATO CONSTRUCTION (1) For the Department of the Army— ture program (and authorizations of appropria- AND LAND ACQUISITION PROJECTS. (A) for the Army National Guard of the Unit- tions therefor) shall expire on the later of— The Secretary of Defense may make contribu- ed States, $72,537,000; and (1) October 1, 1998; or tions for the North Atlantic Treaty Organiza- (B) for the Army Reserve, $42,963,000. (2) the date of the enactment of an Act au- (2) For the Department of the Navy, for the tion Infrastructure program as provided in sec- thorizing funds for military construction for fis- Naval and Marine Corps Reserve, $19,655,000. tion 2806 of title 10, United States Code, in an cal year 1999. (3) For the Department of the Air Force— amount not to exceed the sum of the amount au- (b) EXCEPTION.—Subsection (a) shall not (A) for the Air National Guard of the United thorized to be appropriated for this purpose in apply to authorizations for military construc- States, $118,267,000; and section 2502 and the amount collected from the tion projects, land acquisition, family housing (B) for the Air Force Reserve, $31,502,000. North Atlantic Treaty Organization as a result projects and facilities, and contributions to the of construction previously financed by the Unit- SEC. 2602. CORRECTION IN AUTHORIZED USES OF North Atlantic Treaty Organization Infrastruc- FUNDS FOR ARMY NATIONAL GUARD ed States. ture program (and authorizations of appropria- PROJECTS IN MISSISSIPPI. tions therefor), for which appropriated funds SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, Amounts appropriated pursuant to the au- have been obligated before the later of— NATO. thorization of appropriations in section (1) October 1, 1998; or Funds are hereby authorized to be appro- 2601(1)(A) of the Military Construction Author- (2) the date of the enactment of an Act au- priated for fiscal years beginning after Septem- ization Act for Fiscal Year 1994 (division B of thorizing funds for fiscal year 1999 for military ber 30, 1995, for contributions by the Secretary Public Law 103–160; 107 Stat. 1878) for the addi- construction projects, land acquisition, family of Defense under section 2806 of title 10, United tion or alteration of Army National Guard Ar- housing projects and facilities, or contributions States Code, for the share of the United States mories at various locations in the State of Mis- to the North Atlantic Treaty Organization In- of the cost of projects for the North Atlantic sissippi shall be available for the addition, alter- frastructure program. Treaty Organization Infrastructure program, as ation, or new construction of armory facilities SEC. 2702. EXTENSION OF AUTHORIZATIONS OF authorized by section 2501, in the amount of and an operation and maintenance shop facility $161,000,000. CERTAIN FISCAL YEAR 1993 (including the acquisition of land for such fa- PROJECTS. TITLE XXVI—GUARD AND RESERVE cilities) at various locations in the State of Mis- (a) EXTENSIONS.—Notwithstanding section FORCES FACILITIES sissippi. 2701 of the Military Construction Authorization SEC. 2601. AUTHORIZED GUARD AND RESERVE TITLE XXVII—EXPIRATION AND Act for Fiscal Year 1993 (division B of Public CONSTRUCTION AND LAND ACQUISI- EXTENSION OF AUTHORIZATIONS Law 102–484; 106 Stat. 2602), authorizations for TION PROJECTS. SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND the projects set forth in the tables in subsection There are authorized to be appropriated for AMOUNTS REQUIRED TO BE SPECI- (b), as provided in section 2101, 2102, 2201, 2301, fiscal years beginning after September 30, 1995, FIED BY LAW. or 2601 of that Act, shall remain in effect until for the costs of acquisition, architectural and (a) EXPIRATION OF AUTHORIZATIONS AFTER October 1, 1996, or the date of the enactment of engineering services, and construction of facili- THREE YEARS.—Except as provided in subsection an Act authorizing funds for military construc- ties for the Guard and Reserve Forces, and for (b), all authorizations contained in titles XXI tion for fiscal year 1997, whichever is later. contributions therefor, under chapter 133 of title through XXVI for military construction (b) TABLES.—The tables referred to in sub- 10, United States Code (including the cost of ac- projects, land acquisition, family housing section (a) are as follows:

Army: Extension of 1993 Project Authorizations

State Installation or location Project Amount

Arkansas ...... Pine Bluff Arsenal ...... Ammunition Demilitarization Support Facility ...... $15,000,000 Hawaii ...... Schofield Barracks ...... Additions and Alterations Sewage Treatment Plant $17,500,000 Virginia ...... Fort Pickett ...... Sewage Treatment Plant ...... $5,800,000 Family Housing (26 Units) ...... $2,300,000

Navy: Extension of 1993 Project Authorizations

State Installation or location Project Amount

California Camp Pendleton Marine Corps Base ...... Sewage Treatment Plant ...... $19,740,000 Maryland . Patuxent River Naval Warfare Center ...... Advanced Systems Integration Facility ...... $60,990,000 Mississippi Meridian Naval Air Station ...... Child Development Center ...... $1,100,000 Virginia ... Dam Neck Fleet Combat Training Center ...... Land Acquisition ...... $4,500,000

Air Force: Extension of 1993 Project Authorization

State or country Installation or location Project Amount

District of Colum- bia ...... Bolling Air Force Base ...... Base Engineer Complex ...... $1,300,000 North Pope Air Force Base ...... Munitions Storage Complex ...... $4,300,000 Carolina. Virginia ... Langley Air Force Base ...... Civil Engineer Complex ...... $5,300,000 Guam ...... Andersen Air Force Base ...... Solid Waste Complex ...... $10,000,000 Portugal .. Lajes Field ...... Water Wells ...... $865,000 Fire Training Facility ...... $1,300,000

Army Reserve: Extension of 1993 Project Authorizations

State Location Project Amount

West Vir- Bluefield ...... Additions and Alterations Reserve Center ...... $1,921,000 ginia. Clarksburg ...... Additions and Alterations AMSA ...... $1,156,000 Grantville ...... Reserve Center/OMS ...... $2,785,000 Jane Lew ...... Reserve Center ...... $1,566,000 Lewisburg ...... Reserve Center/OMS ...... $1,631,000 Weirton ...... Reserve Center/OMS ...... $3,481,000

Army National Guard: Extension of 1993 Project Authorizations

State Location Project Amount

New Jersey Fort Dix ...... Additions and Alterations Armory ...... $4,750,000 Oregon ..... La Grande ...... OMS ...... $995,000 Armory Addition ...... $3,049,000 June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5853 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF Law 102–190; 105 Stat. 1535), authorizations for Stat. 3047), shall remain in effect until October CERTAIN FISCAL YEAR 1992 the projects set forth in the tables in subsection 1, 1996, or the date of the enactment of an Act PROJECTS. (b), as provided in section 2101 or 2601 of that authorizing funds for military construction for (a) EXTENSIONS.—Notwithstanding section Act and extended by section 2702(a) of the Mili- fiscal year 1997, whichever is later. 2701 of the Military Construction Authorization tary Construction Authorization Act for Fiscal (b) TABLES.—The tables referred to in sub- Act for Fiscal Year 1992 (division B of Public Year 1995 (division B of Public Law 103–337; 108 section (a) are as follows:

Army: Extension of 1992 Project Authorizations

State Installation or location Project Amount

Oregon ..... Umatilla Army Depot ...... Ammunition Demilitarization Support Facility ...... $3,600,000 Ammunition Demilitarization Utilities ...... $7,500,000

Army Reserve: Extension of 1992 Project Authorization

State Location Project Amount

Tennessee ...... Jackson ...... Joint Training Facility ...... $1,537,000

SEC. 2704. EFFECTIVE DATE. ‘‘(3) The term ‘contract’ includes any con- provisions for the construction or acquisition of Titles XXI, XXII, XXIII, XXIV, XXV, and tract, lease, or other agreement entered into ancillary supporting facilities. XXVI shall take effect on the later of— under the authority of this subchapter. ‘‘(j) AUTHORITY TO LEASE OR SELL LAND, (1) October 1, 1995; or ‘‘(4) The term ‘Fund’ means the Department HOUSING, AND SUPPORTING FACILITIES.—(1) The (2) the date of the enactment of this Act. of Defense Family Housing Improvement Fund Secretary concerned may lease or sell land, TITLE XXVIII—GENERAL PROVISIONS established under section 2873(a) of this title. housing, and ancillary supporting facilities Subtitle A—Military Construction Program ‘‘§ 2872. General limitations and authorities under the jurisdiction of the Secretary for the and Military Family Housing Changes ‘‘(a) USE OF AUTHORITIES.—The Secretary purpose of providing additional military family concerned may use the authorities provided by housing or improving existing military family SEC. 2801. ALTERNATIVE MEANS OF ACQUIRING housing under this subchapter, except that the AND IMPROVING MILITARY FAMILY this subchapter, singly or in conjunction with HOUSING AND SUPPORTING FACILI- other authorities provided under this chapter, to authority to lease or sell real property under TIES FOR THE ARMED FORCES. help meet the military family housing needs of this subchapter shall not extend to property lo- (a) FINDINGS AND PURPOSE.—(1) Congress members of the armed forces and the dependents cated at a military installation approved for clo- finds the following: of such members at military installations at sure. (A) Adequate military family housing is essen- which there is a shortage of suitable housing for ‘‘(2) A sale or lease under this subsection may tial to the retention of well-trained and profes- members and their dependents. be made for such consideration and upon such sional members of the Armed Forces. ‘‘(b) TERM.—Subject to section 2873(d)(2) of terms and conditions as the Secretary concerned (B) Current military family housing is in this title, a contract entered into under this sub- shall determine to be consistent with the pur- many circumstances substandard, inadequately chapter may be for such term as the Secretary poses of this subchapter and the public interest. maintained, or obsolete. Of the more than concerned considers to be in the best interests of The acreage and legal description of any prop- 375,000 military families living on military in- the United States. erty leased or conveyed under this subsection stallations, two-thirds of such families reside in ‘‘(c) PHASED OCCUPANCY.—A contract under shall be determined by a survey satisfactory to unsuitable quarters. this subchapter may provide for phased occu- the Secretary concerned. (C) Traditional military construction tech- pancy of completed family housing units under ‘‘(3) Section 2667 of this title, the Federal niques are frequently lengthy and more expen- one or more interim leases during the period of Property and Administrative Services Act of 1949 sive than commercial methods. At current ap- the construction or renovation of the housing (40 U.S.C. 471), section 501 of the Stewart B. propriation levels, modernization of military units. In no case shall any such interim lease McKinney Homeless Assistance Act (42 U.S.C. family housing located on military installations extend beyond the construction or renovation 11411), and section 321 of the Act of June 30, could require more than 30 years to accomplish. period. 1932 (47 Stat. 412) shall not apply to leases and (D) A combination of private housing capital ‘‘(d) UNIT SIZE AND TYPE.—Section 2826 of sales under this subsection. and commercial construction techniques could this title shall not apply to military family hous- ‘‘(4) As part or all of the consideration for the help to alleviate the shortage of suitable mili- ing units acquired or constructed under this sale or lease of property under this subsection, tary family housing in a far more timely and subchapter, except that room and floor area size the Secretary concerned shall require an ancil- cost effective manner. of such housing units should generally be com- lary agreement under which the person receiv- (2) It is the purpose of this section to obtain parable to private sector housing available in ing the property agrees to give priority to mili- new and improved military family housing and the same locality. When acquiring existing fam- tary members and their dependents in the leas- ancillary supporting facilities for the Armed ily housing in lieu of construction under section ing of existing or new housing units under the Forces using private capital and expertise. 2824 of this title, the Secretary concerned may control or provided by the person. Such agree- (b) ALTERNATIVE PROVISION OF HOUSING AND vary the number of types of units to be acquired ments may provide for the payment by the Sec- FACILITIES.—(1) Chapter 169 of title 10, United as long as the total number of units is substan- retary concerned of security or damage deposits. States Code, is amended by adding at the end tially the same as authorized by law. ‘‘§ 2873. Department of Defense Family Hous- the following new subchapter: ‘‘(e) LOCATION.—The Secretary concerned may ing Improvement Fund use the authorities provided under this sub- ‘‘SUBCHAPTER IV—ALTERNATIVE PROVI- ‘‘(a) ESTABLISHMENT.—There is hereby estab- SION OF MILITARY FAMILY HOUSING chapter to acquire or construct military family housing units and ancillary supporting facilities lished on the books of the Treasury an account ‘‘Sec. in the United States, the Commonwealth of to be known as the Department of Defense Fam- ‘‘2871. Definitions. Puerto Rico, and in any territory or possession ily Housing Improvement Fund, which shall be ‘‘2872. General limitations and authorities. of the United States. administered by the Secretary of Defense as a ‘‘2873. Department of Defense Family Housing ‘‘(f) NOTIFICATION REQUIRED FOR CON- single account. Amounts in the Fund shall be Improvement Fund. TRACTS.—The Secretary concerned may not available without fiscal year limitation. ‘‘2875. Housing finance and acquisition authori- enter into a contract under this subchapter ‘‘(b) DEPOSITS.—There shall be deposited into ties. until after the end of the 21-day period begin- the Fund the following: ‘‘2876. Expiration of authority. ning on the date the Secretary concerned sub- ‘‘(1) Amounts authorized for and appropriated ‘‘§ 2871. Definitions mits to the appropriate committees of Congress into the Fund. ‘‘In this subchapter: written notice of the nature and terms of the ‘‘(2) Subject to subsection (c), any amounts ‘‘(1) The term ‘construction’ means the con- contract. that the Secretary of Defense may transfer to struction of additional units of military family ‘‘(g) ASSIGNMENTS.—The Secretary concerned the Fund from amounts appropriated to the De- housing and ancillary supporting facilities or may assign members of the armed forces to any partment of Defense for construction of military the replacement or renovation of existing units military family housing obtained using the au- family housing. or ancillary supporting facilities. thorities provided in this subchapter in accord- ‘‘(3) Proceeds received from the conveyance or ‘‘(2) The term ‘ancillary supporting facilities’ ance with section 403(b) of title 37. lease of real property under section 2872(j) of means facilities related to military family hous- ‘‘(h) ALLOTMENTS.—The Secretary concerned this title, income from operations conducted ing, such as day care centers, community cen- may require a member of the armed forces to pay under this subchapter, including refunds of de- ters, housing offices, maintenance complexes, tot rent by allotment as a condition of occupying posits, and any return of capital or return on lots, and parks. Such term does not include com- military family housing obtained using the au- investments entered into under this subchapter. mercial facilities that could not otherwise be thorities provided in this subchapter. ‘‘(c) NOTIFICATION REQUIRED FOR TRANS- constructed using funds appropriated to the De- ‘‘(i) SUPPORTING FACILITIES.—Any contract FERS.—A transfer of appropriated amounts to partment of Defense. entered into under this subchapter may include the Fund under subsection (b)(2) may be made H 5854 CONGRESSIONAL RECORD — HOUSE June 13, 1995

only after the end of the 30-day period begin- ‘‘(3) The investment made by the Secretary ‘‘(d) HOUSING INVESTMENT BOARDS.—(1) Each ning on the date the Secretary of Defense sub- concerned in an acquisition or construction Secretary concerned shall establish a housing mits written notice of, and justification for, the project under this subsection, whether the in- investment board, which shall have the duties— transfer to the appropriate committees of Con- vestment is in the form of cash, land or build- ‘‘(A) of advising the Secretary concerned re- gress. ings under section 2872(j) of this title, or other garding those proposed limited partnerships ‘‘(d) USE OF FUNDS.—(1) In such total amount form, may not exceed 35 percent of the capital under subsection (a), if any, that are finan- as is provided in advance in appropriation Acts, costs of the acquisition or construction project. cially and otherwise sound investments for the Secretary of Defense may use amounts in ‘‘(e) COLLATERAL INCENTIVE AGREEMENTS.— meeting the objectives of this section; the Fund for alternative means of financing The Secretary concerned may also enter into ‘‘(B) of administering amounts in the Account military family housing and ancillary support- collateral incentive agreements in connection established under section 2873 of this title that ing facilities as authorized in this subchapter. with investments made under subsection (d) to are made available to the Secretary concerned to ‘‘(2) The Secretary may not enter into a con- ensure that a suitable preference will be af- carry out this section; and tract under this subchapter unless the Fund forded members of the armed forces to lease or ‘‘(C) of performing such other tasks as the contains sufficient amounts, as of the time the purchase, at affordable rates, a reasonable num- Secretary concerned determines to be necessary contract is entered into, to satisfy the total obli- ber of the housing units covered by the invest- and appropriate to assist the Secretary to carry gations to be incurred by the United States ment contract. out the duties of the Secretary under this sec- under the contract. ‘‘§ 2876. Expiration of authority tion. ‘‘(3) The total value in budget authority of all ‘‘(2) A housing investment board shall be com- contracts and investments undertaken using the ‘‘The authority of the Secretaries concerned to posed of seven members appointed for a two- authorities provided in the subchapter shall not enter into contracts and partnerships and to year term by the Secretary concerned. Among exceed $1,000,000,000. make investments under this subchapter shall such members, the Secretary concerned may ap- ‘‘(e) LOANS AND LOAN GUARANTEES.—Loans expire on September 30, 2000.’’. point two persons from the private sector who (2) The table of subchapters at the beginning and loan guarantees may be entered into under have knowledge and experience in the financing this subchapter only to the extent that appro- of chapter 169 of title 10, United States Code, is and the construction of housing. The Secretary priations of budget authority to cover their costs amended by inserting after the item relating to concerned shall designate one of the members as (as defined in section 502(5) of the Federal Cred- subchapter III the following new item: chairperson. it Reform Act of 1990 (2 U.S.C. 661a(5))) are IV. Alternative Provision of Military Family ‘‘(3) Members of a housing investment board, made in advance, or authority is otherwise pro- Housing ...... 2871. other than those members regularly employed by vided in appropriations Acts. SEC. 2802. INCLUSION OF OTHER ARMED FORCES the Federal Government, may be paid while at- ‘‘(f) ANNUAL REPORT.—The Secretary of De- IN NAVY PROGRAM OF LIMITED tending meetings of the board or otherwise serv- fense shall submit to the appropriate committees PARTNERSHIPS WITH PRIVATE DE- of Congress an annual report detailing the ex- VELOPERS FOR MILITARY HOUS- ing at the request of the Secretary concerned, penditures from and deposits into the Fund dur- ING. compensation at a rate equal to the daily equiv- ing the preceding year and the utilization and (a) EXPANDED AUTHORITY FOR HOUSING PART- alent of the minimum annual rate of basic pay effectiveness of the authorities provided by this NERSHIPS.—(1) Subchapter IV of chapter 169 of payable for level IV of the Executive Schedule subchapter. The Secretary shall submit the re- title 10, United States Code, as added by section under section 5315 of title 5 for each day (in- port at the same time that the President submits 2801, is amended by inserting after section 2873 cluding travel time) during which the member is the budget to Congress under section 1105 of the following new section: engaged in the actual performance of duties vested in the board. Members shall receive travel title 31. § ‘‘2874. Limited partnerships with private de- expenses, including per diem in lieu of subsist- ‘‘§ 2875. Housing finance and acquisition au- velopers of housing ence, in accordance with sections 5702 and 5703 thorities ‘‘(a) LIMITED PARTNERSHIPS.—In order to meet of title 5. ‘‘(a) GUARANTEES.—(1) The Secretary con- the housing requirements of members of the ‘‘(4) The Federal Advisory Committee Act (5 cerned may enter into contracts that provide for armed forces, and the dependents of such mem- U.S.C. App.) shall not apply to the housing in- guarantees, insurance, or other contingent pay- bers, at a military installation described in sec- vestment boards. ments to owners, mortgagors, or assignees of tion 2872(a) of this title, the Secretary concerned ‘‘(5) The housing investment boards shall ter- housing units and ancillary supporting facilities may enter into a limited partnership with one or minate on September 30, 2000.’’. that are made available for use by members of more private developers to encourage the con- (2) The table of sections at the beginning of the armed forces. struction of housing and ancillary supporting such subchapter is amended by inserting after ‘‘(2) Contingencies under which payments facilities within commuting distance of the in- the item relating to section 2873 the following may be made under such a contract include the stallation. Section 2875(d) of this title shall new item: following: apply with respect to the investments the Sec- ‘‘(A) A failure to pay interest or principal on ‘‘2874. Limited partnerships with private devel- retary concerned may make toward development opers of housing.’’. mortgages, generally or as a result of a base clo- costs under a limited partnership. (b) PROCEEDS FROM PARTICIPATION IN PART- sure or realignment, a reduction in force, an ex- ‘‘(b) COLLATERAL INCENTIVE AGREEMENTS.— tended deployment of assigned forces, or similar The Secretary concerned may also enter into NERSHIPS.—Section 2873(b) of title 10, United contingencies. collateral incentive agreements with private de- States Code, as added by section 2801, is amend- ‘‘(B) A failure to achieve specified occupancy velopers who enter into a limited partnership ed by adding at the end the following new para- levels of, or rental income from, housing units under subsection (a) to ensure that, where ap- graph: covered by a contract. ‘‘(4) Proceeds received by the Secretary con- ‘‘(3) Such contracts may be on such terms and propriate— ‘‘(1) a suitable preference will be afforded cerned from the repayment of investments or conditions as the Secretary concerned considers members of the armed forces in the lease or pur- profits on investments of the Secretary under necessary or desirable to induce the provision of chase, as the case may be, of a reasonable num- section 2874(a) of this title.’’. housing and ancillary supporting facilities, (c) CONFORMING REPEAL.—(1) Section 2837 of ber of the housing units covered by the limited whether by acquisition or construction, for use title 10, United States Code, is repealed. The re- by members of the armed forces, and to protect partnership; or ‘‘(2) the rental rates or sale prices, as the case peal of such section shall not be construed to af- the financial interests of the United States. fect the validity or terms of any limited partner- ‘‘(b) LEASES.—The Secretary concerned may may be, for some or all of such units will be af- fordable for such members. ship or collateral incentive agreement entered enter into a contract for the lease of housing into by the Secretary of the Navy under such ‘‘(c) SELECTION OF INVESTMENT OPPORTUNI- units to be acquired or constructed on or near a section before the date of the enactment of this TIES.—(1) The Secretary concerned shall use military installation. Such a contract may pro- Act. Amounts in the Navy Housing Investment vide for the owner of the property to operate publicly advertised, competitively bid or com- petitively negotiated, contracting procedures, as Account shall be transferred to the Department and maintain the facilities. of Defense Family Housing Improvement Fund ‘‘(c) DIFFERENTIAL PAYMENTS.—In entering provided in chapter 137 of this title, to enter into established under section 2873 of such title, as into contracts under this subchapter, the Sec- limited partnerships under subsection (a). ‘‘(2) When a decision is made by the Secretary added by section 2801. retary concerned may make a differential pay- (2) The table of sections at the beginning of ment in addition to rental payments made by in- concerned to enter into a limited partnership under subsection (a), the Secretary shall submit subchapter II of chapter 169 of title 10, United dividual members. States Code, is amended by striking out the item ‘‘(d) INVESTMENTS.—(1) The Secretary con- a report in writing to the appropriate commit- relating to section 2837. cerned may make investments in nongovern- tees of Congress on that decision. Each such re- mental entities involved in the acquisition or port shall include the justification for the lim- SEC. 2803. SPECIAL UNSPECIFIED MINOR CON- ited partnership, the terms and conditions of the STRUCTION THRESHOLDS FOR construction of housing and ancillary support- PROJECTS TO CORRECT LIFE, ing facilities on or near a military installation limited partnership, a description of the devel- HEALTH, AND SAFETY DEFICIENCIES for such consideration and upon such terms and opment costs for projects under the limited part- AND CLARIFICATION OF UNSPEC- conditions as the Secretary concerned deter- nership, and a description of the share of such IFIED MINOR CONSTRUCTION AU- mines to be consistent with the purposes of this costs to be incurred by the Secretary concerned. THORITY. subchapter and the public interest. The Secretary concerned may then enter into (a) SPECIAL THRESHOLDS.—Section 2805 of title ‘‘(2) Such investments may take the form of the limited partnership only after the end of the 10, United States Code, is amended— limited partnership interests, stock, debt instru- 21-day period beginning on the date the report (1) in subsection (a)(1), by adding at the end ments, or a combination thereof. is received by such committees. the following new sentence: ‘‘However, if the June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5855 military construction project is intended solely Guard and Reserve duty, as defined by section September 30, 1998, for which assistance pay- to correct a life, health, or safety deficiency, a 101(d) of title 10; ments are paid under section 3708 of title 38, minor military construction project may have an ‘‘(2) the individual submits an application for United States Code. approved cost equal to or less than $3,000,000.’’; a loan guaranteed under this chapter within Subtitle B—Base Closure and Realignment one year of an assignment of the individual to and SEC. 2811. AUTHORITY TO TRANSFER PROPERTY (2) in subsection (c)(1), by striking out ‘‘not duty at a military installation in the United AT MILITARY INSTALLATIONS TO BE more than $300,000.’’ and inserting in lieu there- States designated by the Secretary of Defense as CLOSED TO PERSONS WHO CON- of the following: ‘‘not more than— a housing shortage area; STRUCT OR PROVIDE MILITARY FAM- ‘‘(A) $1,000,000, in the case of an unspecified ‘‘(3) at the time the loan referred to in sub- ILY HOUSING. military construction project intended solely to section (a) is made, the individual is an enlisted (a) BASE CLOSURES UNDER 1988 ACT.—Section correct a life, health, or safety deficiency; or member, warrant officer, or an officer (other 204 of the Defense Authorization Amendments ‘‘(B) $300,000, in the case of other unspecified than a warrant officer) at a pay grade of O–3 or and Base Closure and Realignment Act (title II military construction projects.’’. below; of Public Law 100–526; 10 U.S.C. 2687 note) is (b) DESCRIPTION OF MINOR CONSTRUCTION.— ‘‘(4) the individual has not previously used amended by adding at the end the following Subsection (a)(1) of such section is further any of the individual’s entitlement to housing new subsection: amended by striking out ‘‘(1) that is for a single loan benefits under this chapter; and ‘‘(e) TRANSFER AUTHORITY IN CONNECTION undertaking at a military installation, and (2)’’. ‘‘(5) the individual receives comprehensive WITH CONSTRUCTION OR PROVISION OF MILITARY SEC. 2804. DISPOSITION OF AMOUNTS RECOV- prepurchase counseling from the Secretary (or FAMILY HOUSING.—(1) Subject to paragraph (2), ERED AS A RESULT OF DAMAGE TO the designee of the Secretary) before making ap- the Secretary may enter into an agreement to REAL PROPERTY. plication for a loan guaranteed under this chap- transfer by deed real property or facilities lo- (a) IN GENERAL.—Chapter 165 of title 10, Unit- ter. cated at an installation closed or to be closed ed States Code, is amended by inserting after ‘‘(c) Loans with respect to which the Sec- under this title with any person who agrees, in section 2781 the following new section: retary may exercise the buy down authority exchange for the real property or facilities, to ‘‘§ 2782. Damage to real property: disposition under subsection (a) shall— transfer to the Secretary housing units that are of amounts recovered ‘‘(1) provide for a buy down period of not constructed or provided by the person and lo- more than three years in duration; ‘‘Except as provided in section 2775 of this cated at or near a military installation at which ‘‘(2) specify the maximum and likely amounts there is a shortage of suitable housing to meet title, amounts recovered for damage caused to of increases in mortgage payments that the real property under the jurisdiction of the Sec- the requirements of members of the Armed loans would require; and Forces and their dependents. The Secretary may retary of a military department or, with respect ‘‘(3) be subject to such other terms and condi- to the Defense Agencies, under the jurisdiction not select real property for transfer under this tions as the Secretary may prescribe by regula- paragraph if the property is identified in the re- of the Secretary of Defense shall be credited to tion. the account available for the repair or replace- development plan for the installation as items ‘‘(d) The Secretary shall promulgate under- essential to the reuse or redevelopment of the in- ment of the real property at the time of recov- writing standards for loans for which the inter- ery. In such amounts as are provided in ad- stallation. est rate assistance payments may be made under ‘‘(2) A transfer of real property or facilities vance in appropriation Acts, amounts so cred- subsection (a). Such standards shall be based on ited shall be available for use for the same pur- may be made under paragraph (1) only if— the interest rate for the second year of the loan. ‘‘(A) the fair market value of the housing poses and under the same circumstances as ‘‘(e) The Secretary or lender shall provide units to be received by the Secretary in ex- other funds in the account.’’. comprehensive prepurchase counseling to eligi- change for the property or facilities to be trans- (b) CLERICAL AMENDMENT.—The table of sec- ble veterans explaining the features of interest ferred is equal to or greater than the fair market tions at the beginning of such chapter is amend- rate buy downs under subsection (a), including value of such property or facilities, as deter- ed by inserting after the item relating to section a hypothetical payment schedule that displays mined by the Secretary; or 2781 the following new item: the increases in monthly payments to the mort- ‘‘(B) the recipient of the property or facilities ‘‘2782. Damage to real property: disposition of gagor over the first five years of the mortgage agrees to pay to the Secretary the difference be- amounts recovered.’’. term. For the purposes of this subsection, the tween the fair market values if the fair market SEC. 2805. RENTAL OF FAMILY HOUSING IN FOR- Secretary may assign personnel to military in- value of the housing units is lower than the fair EIGN COUNTRIES. stallations referred to in subsection (b)(2). market value of the property or facilities to be Section 2828(e) of title 10, United States Code, ‘‘(f) There is authorized to be appropriated transferred. is amended— $3,000,000 annually to carry out this section. ‘‘(3) Notwithstanding section 207(a)(7), the (1) in paragraph (1)— ‘‘(g) The Secretary may not guarantee a loan Secretary shall deposit funds received under (A) by striking out ‘‘300 units’’ in the first under this chapter after September 30, 1998, on paragraph (2)(B) in the Department of Defense sentence and inserting in lieu thereof ‘‘450 which the Secretary is obligated to make pay- Family Housing Improvement Fund established units’’; and ments under this section.’’. under section 2873(a) of title 10, United States (B) by striking out ‘‘220 such units’’ in the (2) The table of sections at the beginning of Code. second sentence and inserting in lieu thereof chapter 37 of title 38, United States Code, is ‘‘(4) The Secretary shall submit to the appro- ‘‘350 such units’’; and amended by inserting after the item relating to priate committees of Congress a report describ- (2) in paragraph (2), by striking out ‘‘300 section 3707 to following new item: ing each agreement proposed to be entered into units’’ and inserting in lieu thereof ‘‘450 units’’. ‘‘3708. Authority to buy down interest rates: under paragraph (1), including the consider- SEC. 2806. PILOT PROGRAM TO PROVIDE INTER- pilot program.’’. ation to be received by the United States under EST RATE BUY DOWN AUTHORITY ON (c) AUTHORITY OF SECRETARY OF DEFENSE.— the agreement. The Secretary may not enter into LOANS FOR HOUSING WITHIN HOUS- (1) REIMBURSEMENT FOR BUY DOWN COSTS.— the agreement until the end of the 21-day period ING SHORTAGE AREAS AT MILITARY beginning on the date the appropriate commit- INSTALLATIONS. The Secretary of Defense shall reimburse the Secretary of Veterans Affairs for amounts paid tees of Congress receive the report regarding the (a) SHORT TITLE.—This section may be cited agreement. as the ‘‘Military Housing Assistance Act of by the Secretary of Veterans Affairs to mortga- ‘‘(5) The Secretary may require any additional 1995’’. gees under section 3708 of title 38, United States Code. terms and conditions in connection with an (b) MORTGAGE ASSISTANCE PAYMENT AUTHOR- (2) DESIGNATION OF HOUSING SHORTAGE agreement authorized by this subsection as the ITY OF THE SECRETARY OF VETERANS AFFAIRS.— AREAS.—For purposes of section 3708 of title 38, Secretary considers appropriate to protect the (1) Chapter 37 of title 38, United States Code, is United States Code, the Secretary of Defense interests of the United States.’’. amended by inserting after section 3707 the fol- may designate as a housing shortage area a (b) BASE CLOSURES UNDER 1990 ACT.—Section lowing: military installation in the United States at 2905 of the Defense Base Closure and Realign- ‘‘§ 3708. Authority to buy down interest rates: which the Secretary determines there is a short- ment Act of 1990 (part A of title XXIX of Public pilot program age of suitable housing to meet the military fam- Law 101–510; 10 U.S.C. 2687 note) is amended by ‘‘(a) In order to enable the purchase of hous- ily needs of members of the Armed Forces and adding at the end the following new subsection: ing in areas where the supply of suitable mili- the dependents of such members. ‘‘(f) TRANSFER AUTHORITY IN CONNECTION tary housing is inadequate, the Secretary may (3) REPORT.—Not later than six months after WITH CONSTRUCTION OR PROVISION OF MILITARY conduct a pilot program under which the Sec- September 30, 1998, the Secretary shall submit a FAMILY HOUSING.—(1) Subject to paragraph (2), retary may make periodic or lump sum assist- report to Congress regarding the effectiveness in the Secretary may enter into an agreement to ance payments on behalf of an eligible veteran providing housing to members of the Armed transfer by deed real property or facilities lo- for the purpose of buying down the interest rate Forces and their dependents through the provi- cated at an installation closed or to be closed on a loan to that veteran that is guaranteed sions of this subsection and section 3708 of title under this part with any person who agrees, in under this chapter for a purpose described in 38, United States Code. exchange for the real property or facilities, to paragraph (1), (2), (3), (6), or (10) of section (4) EARMARK.—Of the amount provided in sec- transfer to the Secretary housing units that are 3710(a). tion 2405(a)(13)(B), $10,000,000 for fiscal year constructed or provided by the person and lo- ‘‘(b) An individual is an eligible veteran for 1996 shall be available to carry out this sub- cated at or near a military installation at which the purposes of this section if— section. there is a shortage of suitable housing to meet ‘‘(1) the individual is a veteran, as defined in (5) SUNSET.—This subsection shall not apply the requirements of members of the Armed section 3701(b)(4) of this title, or is on active with respect to housing loans guaranteed after Forces and their dependents. The Secretary may H 5856 CONGRESSIONAL RECORD — HOUSE June 13, 1995 not select real property for transfer under this a military installation to be closed or realigned the transfer under this section as the Secretary paragraph if the property is identified in the re- under this title.’’; and of the Army considers appropriate to protect the development plan for the installation as items (B) in paragraph (7), by striking out ‘‘transfer interests of the United States. essential to the reuse or redevelopment of the in- or disposal’’ and inserting in lieu thereof ‘‘lease, SEC. 2822. LAND ACQUISITION OR EXCHANGE, stallation. transfer, or disposal’’. SHAW AIR FORCE BASE, SUMTER, ‘‘(2) A transfer of real property or facilities (2) Section 2906(a)(2) of the Defense Base Clo- SOUTH CAROLINA. may be made under paragraph (1) only if— sure and Realignment Act of 1990 (part A of title (a) LAND ACQUISITION.—By means of an ex- ‘‘(A) the fair market value of the housing XXIX of Public Law 101–510; 10 U.S.C. 2867 change of property, acceptance as a gift, or units to be received by the Secretary in ex- note) is amended— other means that does not require the use of ap- change for the property or facilities to be trans- (A) in subparagraph (C), by striking out propriated funds, the Secretary of the Air Force ferred is equal to or greater than the fair market ‘‘transfer or disposal’’ and inserting in lieu may acquire all right, title, and interest in and value of such property or facilities, as deter- thereof ‘‘lease, transfer, or disposal’’; and to a parcel of real property (together with any mined by the Secretary; or (B) in subparagraph (D), by striking out improvements thereon) consisting of approxi- ‘‘(B) the recipient of the property or facilities ‘‘transfer or disposal’’ and inserting in lieu mately 1,100 acres and located adjacent to the agrees to pay to the Secretary the difference be- thereof ‘‘lease, transfer, or disposal’’. eastern end of Shaw Air Force Base, South tween the fair market values if the fair market SEC. 2813. AGREEMENTS FOR CERTAIN SERVICES Carolina, and extending to Stamey Livestock value of the housing units is lower than the fair AT INSTALLATIONS BEING CLOSED. Road in Sumter County, South Carolina. market value of the property or facilities to be (a) CLOSURES UNDER 1988 ACT.—Section (b) LAND EXCHANGE AUTHORIZED.—For pur- transferred. 204(b)(8) of the Defense Authorization Amend- poses of acquiring the real property described in ‘‘(3) Notwithstanding section 2906(a)(2), the ments and Base Closure and Realignment Act subsection (a), the Secretary may participate in Secretary shall deposit funds received under (Public Law 100–526; 10 U.S.C. 2687 note) is a land exchange and convey all right, title, and paragraph (2)(B) in the Department of Defense amended by striking out subparagraph (A) and interest of the United States in and to a parcel Family Housing Improvement Fund established inserting in lieu thereof the following new sub- of real property in the possession of the Air under section 2873(a) of title 10, United States paragraph: Force if— Code. ‘‘(A) Subject to subparagraph (C), the Sec- (1) the Secretary determines that the land ex- ‘‘(4) The Secretary shall submit to the appro- retary may enter into agreements (including change is in the best interests of the Air Force; priate committees of Congress a report describ- contracts, cooperative agreements, or other ar- and ing each agreement proposed to be entered into rangements for reimbursement) with local gov- (2) the fair market value of the Air Force par- under paragraph (1), including the consider- ernments for the provision of police or security cel to be conveyed does not exceed the fair mar- ation to be received by the United States under services, fire protection services, airfield oper- ket value of the parcel to be acquired. the agreement. The Secretary may not enter into ation services, or other community services by (c) DETERMINATIONS OF FAIR MARKET the agreement until the end of the 30-day period such governments at military installations to be VALUE.—The Secretary shall determine the fair beginning on the date the appropriate commit- closed under this title if the Secretary deter- market value of the parcels of real property to tees of Congress receive the report regarding the mines that the provision of such services under be conveyed pursuant to subsections (a) and (b). agreement. such an agreement is in the best interests of the Such determinations shall be final. ‘‘(5) The Secretary may require any additional Department of Defense.’’. (d) DESCRIPTIONS OF PROPERTY.—The exact terms and conditions in connection with an (b) CLOSURES UNDER 1990 ACT.—Section acreage and legal descriptions of the parcels of agreement authorized by this subsection as the 2905(b)(8) of the Defense Base Closure and Re- real property to be conveyed pursuant to sub- Secretary considers appropriate to protect the alignment Act of 1990 (part A of title XXIX of sections (a) and (b) shall be determined by sur- interests of the United States.’’. Public Law 101–510; 10 U.S.C. 2867 note) is veys that are satisfactory to the Secretary. (c) REGULATIONS.—Not later than nine months amended by striking out subparagraph (A) and (e) ADDITIONAL TERMS AND CONDITIONS.—The after the date of the enactment of this Act, the inserting in lieu thereof the following new sub- Secretary may require such additional terms Secretary of Defense shall prescribe any regula- paragraph: and conditions in connection with the acquisi- tions necessary to carry out subsection (e) of ‘‘(A) Subject to subparagraph (C), the Sec- tion under subsection (a) or conveyance under section 204 of the Defense Authorization Amend- retary may enter into agreements (including subsection (b) as the Secretary considers appro- ments and Base Closure and Realignment Act contracts, cooperative agreements, or other ar- priate to protect the interests of the United (title II of Public Law 100–526; 10 U.S.C. 2687 rangements for reimbursement) with local gov- States. note), as added by subsection (a), and sub- ernments for the provision of police or security (f) REVERSION OF GIFT CONVEYANCE.—If the section (f) of section 2905 of the Defense Base services, fire protection services, airfield oper- Secretary acquires the real property described in Closure and Realignment Act of 1990 (part A of ation services, or other community services by subsection (a) by way of gift, the Secretary may title XXIX of Public Law 101–510; 10 U.S.C. 2687 such governments at military installations to be accept in the deed of conveyance terms or condi- note), as added by subsection (b). closed under this part if the Secretary deter- tions that require that the land be reconveyed to SEC. 2812. DEPOSIT OF PROCEEDS FROM LEASES mines that the provision of such services under the donor, or the heirs of the donor, if Shaw Air OF PROPERTY LOCATED AT INSTAL- such an agreement is in the best interests of the Force Base ceases operations and is closed. LATIONS BEING CLOSED OR RE- Department of Defense.’’. SEC. 2823. TRANSFER OF CERTAIN REAL PROP- ALIGNED. ERTY AT NAVAL WEAPONS INDUS- (a) EXCEPTION TO EXISTING REQUIREMENTS.— Subtitle C—Land Conveyances Generally TRIAL RESERVE PLANT, CALVERTON, Section 2667(d) of title 10, United States Code, is SEC. 2821. TRANSFER OF JURISDICTION, FORT NEW YORK, FOR USE AS NATIONAL amended— SAM HOUSTON, TEXAS. CEMETERY. (1) in paragraph (1)(A)(ii), by inserting ‘‘or (a) TRANSFER OF LAND FOR NATIONAL CEME- (a) TRANSFER AUTHORIZED.—Notwithstanding (5)’’ after ‘‘paragraph (4)’’; and TERY.—The Secretary of the Army may transfer, section 2854 of the Military Construction Au- (2) by adding at the end the following new without reimbursement, to the administrative ju- thorization Act for Fiscal Year 1993 (division B paragraph: risdiction of the Secretary of Veterans Affairs a of Public Law 102–484; 106 Stat. 2626), the Sec- ‘‘(5) Money rentals received by the United parcel of real property (including any improve- retary of the Navy may transfer, without reim- States from a lease under subsection (f) shall be ments thereon) consisting of approximately 53 bursement, to the Secretary of Veterans Affairs deposited into the relevant account established acres and comprising a portion of Fort Sam a parcel of real property consisting of approxi- under section 207(a) of the Defense Authoriza- Houston, Texas. mately 150 acres located adjacent to the tion Amendments and Base Closure and Re- (b) USE OF LAND.—The Secretary of Veterans Calverton National Cemetery, Calverton, New alignment Act (Public Law 100–526; 10 U.S.C. Affairs shall use the real property transferred York, and comprising a portion of the buffer 2687 note) or section 2906(a) of the Defense Base under subsection (a) as a national cemetery zone of the Naval Weapons Industrial Reserve Closure and Realignment Act of 1990 (part A of under chapter 24 of title 38, United States Code. Plant, Calverton. title XXIX of Public Law 101–510; 10 U.S.C. 2687 (c) RETURN OF UNUSED LAND.—If the Sec- (b) USE OF PROPERTY.—The Secretary of Vet- note).’’. retary of Veterans Affairs determines that any erans Affairs shall use the real property trans- (b) CORRESPONDING AMENDMENTS TO BASE portion of the real property transferred under ferred under subsection (a) as an addition to the CLOSURE LAWS.—(1) Section 207(a) of the De- subsection (a) is not needed for use as a na- Calverton National Cemetery and administer fense Authorization Amendments and Base Clo- tional cemetery, the Secretary of Veterans Af- such real property pursuant to chapter 24 of sure and Realignment Act (Public Law 100–526; fairs shall return such portion to the adminis- title 38, United States Code. 10 U.S.C. 2687 note) is amended— trative jurisdiction of the Secretary of the Army. (c) SURVEYS.—The cost of any surveys nec- (A) in paragraph (2)— (d) LEGAL DESCRIPTION.—The exact acreage essary for the transfer of jurisdiction of the real (i) by striking out ‘‘and’’ at the end of sub- and legal description of the real property to be property described in subsection (a) from the paragraph (B); transferred under this section shall be deter- Secretary of the Navy to the Secretary of Veter- (ii) by striking out the period at the end of mined by surveys that are satisfactory to the ans Affairs shall be borne by the Secretary of subparagraph (C) and inserting in lieu thereof Secretary of the Army. The cost of such surveys Veterans Affairs. ‘‘; and’’; and shall be borne by the Secretary of Veterans Af- SEC. 2824. LAND CONVEYANCE, FORT ORD, CALI- (iii) by adding at the end the following new fairs. FORNIA. subparagraph: (e) ADDITIONAL TERMS AND CONDITIONS.—The (a) CONVEYANCE AUTHORIZED.—The Secretary ‘‘(D) proceeds from leases of property under Secretary of the Army may require such addi- of the Army may convey to the City of Seaside, section 2667(f) of title 10, United States Code, at tional terms and conditions in connection with California (in this section referred to as the June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5857 ‘‘City’’), all right, title, and interest of the Unit- owned by WFD at the time of the conveyance est of the United States in the real property to ed States in and to a parcel of real property (in- under subsection (a) in such manner as specified be conveyed. cluding improvements thereon) consisting of ap- by the Secretary. The lands subject to such re- (b) CONSIDERATION.—(1) As consideration for proximately 477 acres located in Monterey striction shall total at least 300 acres. the conveyance under subsection (a)(1), the County, California, and comprising a portion of (2) If the fair market value of the property County shall provide the Army with services at the former Fort Ord Military Complex. The real conveyed under subsection (a) is more than the the portion of Parks Reserve Forces Training property to be conveyed to the City includes the fair market value of the restriction on usage Area retained by the Army— two Fort Ord Golf Courses, Black Horse and under paragraph (1), WFD shall pay to the (A) to relocate the main gate of the retained Bayonet, and the Hayes Housing Facilities. United States an amount equal to the difference Army Training Area from Dougherty Road to (b) CONSIDERATION.—As consideration for the between the fair market values. Dublin Boulevard across from the Bay Area conveyance of the real property and improve- (c) DETERMINATION OF FAIR MARKET Rapid Transit District East Dublin station, in- ments under subsection (a), the City shall pay VALUE.—The Secretary shall determine the fair cluding the closure of the existing main gate on to the United States an amount equal to the fair market value of the property to be conveyed Dougherty Road, construction of a security fa- market value of the property to be conveyed, as under subsection (a) and the fair market value cility, and construction of a roadway from the determined by the Secretary under such terms of the restriction on usage under subsection new entrance to Fifth Street; and conditions as are determined to be fair and (b)(1). Such determination shall be final. (B) to fence and landscape the southern equitable to both parties. (d) DESCRIPTION OF PROPERTY.—The exact boundary of the retained Army Training Area (c) USE AND DEPOSIT OF PROCEEDS.—(1) From acreage and legal description of the real prop- installation located northerly of Dublin Boule- the funds paid by the City under subsection (b), erty to be conveyed under subsection (a) shall be vard; the Secretary shall deposit in the Morale, Wel- determined by a survey satisfactory to the Sec- (C) to fence and landscape the eastern bound- fare, and Recreation Fund Account of the De- retary. The cost of such survey shall be borne by ary of the retained Army Training Area from partment of the Army an amount equal to the WFD. Dublin Boulevard to Gleason Drive; (e) ADDITIONAL TERMS AND CONDITIONS.—The portion of such funds corresponding to the fair (D) to resurface roadways within the retained Secretary may require such additional terms market value of the two Fort Ord Golf Courses Army Training Area; and conditions in connection with the convey- conveyed under subsection (a), as established (E) to provide such other services in connec- ance authorized by subsection (a) as the Sec- under subsection (b). tion with the retained Army Training Area, in- retary considers appropriate to protect the inter- (2) The Secretary shall deposit the balance of cluding relocation or reconstruction of water ests of the United States. the funds paid by the City under subsection (b), lines, relocation or reconstruction of sewer lines, after deducting the amount deposited under SEC. 2827. LAND CONVEYANCE, AVON PARK AIR construction of drainage improvements, and FORCE RANGE, SEBRING, FLORIDA. paragraph (1), in the Department of Defense construction of buildings, as the Secretary and (a) CONVEYANCE AUTHORIZED.—The Secretary the County may determine to be appropriate; Base Closure Account 1990. of the Air Force may convey, without consider- (d) DESCRIPTION OF PROPERTY.—The exact and ation, to Highlands County, Florida (in this sec- acreage and legal description of the real prop- (F) to provide for and fund any environ- tion referred to as the ‘‘County’’), all right, erty (including improvements thereon) to be con- mental mitigation that is necessary as a result title, and interest of the United States in and to veyed under subsection (a) shall be determined of a change in use of the conveyed property by a parcel of real property (including any im- by a survey satisfactory to the Secretary and the County. provements thereon) located within the bound- the City. The cost of the survey shall be borne (2) The detailed specifications for the services aries of the Avon Park Air Force Range near by the City. to be provided under paragraph (1) may be de- Sebring, Florida, which has previously served as (e) ADDITIONAL TERMS AND CONDITIONS.—The termined and approved on behalf of the Sec- the location of a support complex and rec- Secretary may require such additional terms retary by the Commander of Parks Reserve reational facilities for the Avon Park Air Force and conditions in connection with the convey- Forces Training Area. The preparation costs of Range. ance under this section as the Secretary consid- such specifications shall be borne by the Coun- (b) CONDITIONS OF CONVEYANCE.—The convey- ty. ers appropriate to protect the interests of the ance authorized under subsection (a) shall be (3) The value of improvements and services re- United States. subject to the conditions that the County— SEC. 2825. LAND CONVEYANCE, INDIANA ARMY (1) directly or through an agreement with an ceived by the United States from the County AMMUNITION PLANT, CHARLES- appropriate public or private entity, use the under paragraph (1) must be equal to or exceed TOWN, INDIANA. conveyed property, including the support com- the appraised value of the real property to be (a) CONVEYANCE AUTHORIZED.—The Secretary plex and recreational facilities, for operation of conveyed under subsection (a)(1). The appraisal of the Army may convey, without consideration, a juvenile or other correctional facility; and of the value of the property shall be subject to to the State of Indiana (in this section referred (2) enter into an agreement with the Secretary Government review and approval. to as the ‘‘State’’), all right, title, and interest to reconvey the property to the United States if (c) DESCRIPTION OF PROPERTY.—The exact of the United States in and to a parcel of real the Secretary determines that the conveyed acreage and legal description of the real prop- property, including any improvements thereon, property is necessary to accomplish the military erty to be conveyed under subsection (a)(1) shall that consists of approximately 1125 acres at the mission of the Avon Park Air Force Range. be determined by a survey satisfactory to the inactivated Indiana Army Ammunition Plant in (c) REVERSIONARY INTEREST.—If the Secretary Secretary. The cost of such survey shall be Charlestown, Indiana, and is the subject of a determines at any time that the property con- borne by the County. 25-year lease between the Secretary and the veyed under subsection (a) is not being used in (d) TIME FOR TRANSFER OF TITLE.—The trans- State. accordance with subsection (b), all right, title, fer of title to the County under subsection (a)(1) (b) CONDITION OF CONVEYANCE.—The convey- and interest in the property shall revert to the may be executed by the Secretary only upon the ance authorized under subsection (a) shall be United States, and the United States shall have satisfactory guarantee by the County of comple- subject to the condition that the State use the the right of immediate entry onto the property. tion of the services to be provided under sub- conveyed property for recreational purposes. (d) DESCRIPTION OF PROPERTY.—The exact section (b). (c) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the real prop- (e) ADDITIONAL TERMS AND CONDITIONS.—The acreage and legal description of the real prop- erty to be conveyed under subsection (a) shall be Secretary may require such additional terms erty to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Sec- and conditions in connection with the convey- determined by a survey satisfactory to the Sec- retary. The cost of such survey shall be borne by ance under subsection (a)(1) as the Secretary retary. The cost of such survey shall be borne by the County. considers appropriate to protect the interests of the State. (e) ADDITIONAL TERMS AND CONDITIONS.—The the United States. (d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms SEC. 2829. LAND CONVEYANCE, HOLSTON ARMY Secretary may require such additional terms and conditions in connection with the convey- AMMUNITION PLANT, MOUNT CAR- and conditions in connection with the convey- ance under this section as the Secretary consid- MEL, TENNESSEE. ance under subsection (a) as the Secretary con- ers appropriate to protect the interests of the (a) CONVEYANCE AUTHORIZED.—The Secretary siders appropriate to protect the interests of the United States. of the Army may convey, without reimburse- United States. SEC. 2828. LAND CONVEYANCE, PARKS RESERVE ment, to the City of Mount Carmel, Tennessee SEC. 2826. LAND CONVEYANCE, NAVAL AIR STA- FORCES TRAINING AREA, DUBLIN, (in this section referred to as the ‘‘City’’), all TION, PENSACOLA, FLORIDA. CALIFORNIA. right, title, and interest of the United States in (a) CONVEYANCE AUTHORIZED.—The Secretary (a) CONVEYANCE AUTHORIZED.—(1) Except as and to a parcel of real property consisting of ap- of the Navy may convey to West Florida Devel- provided in paragraph (2), the Secretary of the proximately 6.5 acres, together with any im- opers, Inc. (in this section referred to as Army may convey to the County of Alameda, provements thereon, located at Holston Army ‘‘WFD’’), all right, title, and interest of the California (in this section referred to as the Ammunition Plant, Tennessee. The property is United States in and to a parcel of unimproved ‘‘County’’), all right, title, and interest of the located adjacent to the Mount Carmel Cemetery real property consisting of approximately 135 United States in and to a parcel of real property and is intended for expansion of the cemetery. acres at Naval Air Station, Pensacola, Florida. consisting of approximately 31 acres, together (b) DESCRIPTION OF PROPERTY.—The exact (b) CONSIDERATION.—(1) As consideration for with improvements thereon, located at Parks acreage and legal description of the real prop- the conveyance under subsection (a), WFD shall Reserve Forces Training Area, Dublin, Califor- erty to be conveyed under subsection (a) shall be agree to restrict the use of all lands located nia. determined by a survey satisfactory to the Sec- within the Air Installation Compatible Use (2) The conveyance authorized by this section retary. The cost of such survey shall be borne by Zones of Naval Air Station Pensacola and shall not include any oil, gas, or mineral inter- the City. H 5858 CONGRESSIONAL RECORD — HOUSE June 13, 1995

(c) ADDITIONAL TERMS AND CONDITIONS.—The section (b) shall be determined by surveys that Subtitle D—Land Conveyances Involving Secretary may require such additional terms are mutually satisfactory to the Secretary of the Utilities and conditions in connection with the convey- Army, the Secretary of the Interior, and the SEC. 2841. CONVEYANCE OF RESOURCE RECOV- ance under subsection (a) as the Secretary con- Board of Selectman of the Town. The cost of ERY FACILITY, FORT DIX, NEW JER- siders appropriate to protect the interests of the such surveys shall be borne by the Town. SEY. United States. (d) ADDITIONAL TERMS AND CONDITIONS.—The (a) AUTHORITY TO CONVEY.—The Secretary of SEC. 2830. LAND CONVEYANCE, NAVAL WEAPONS Secretary of the Army may require such addi- the Army may convey to Burlington County, INDUSTRIAL RESERVE PLANT, tional terms and conditions in connection with New Jersey (in this section referred to as the MCGREGOR, TEXAS. the transfer and conveyance under this section ‘‘County’’), all right, title, and interest of the (a) CONVEYANCE AUTHORIZED.—The Secretary as the Secretary of the Army considers appro- United States in and to a parcel of real property of the Navy may convey, without consideration, priate to protect the interests of the United at Fort Dix, New Jersey, consisting of approxi- to the City of McGregor, Texas (in this section States. mately two acres and containing a resource re- referred to as the ‘‘City’’), all right, title, and SEC. 2832. LAND CONVEYANCE, ELMENDORF AIR covery facility, known as the Fort Dix resource interest of the United States in and to a parcel FORCE BASE, ALASKA. recovery facility. of real property, including any improvements (a) SALE TO PRIVATE PERSON AUTHORIZED.— (b) RELATED EASEMENTS.—The Secretary may thereon, containing the Naval Weapons Indus- (1) The Secretary of the Air Force may sell to a grant to the County any easement that is nec- trial Reserve Plant in McGregor, Texas. After private person all right, title, and interest of the essary for access to and operation of the re- screening the facilities, equipment, and fixtures United States in and to a parcel of real property source recovery facility conveyed under sub- (including special tooling and special test equip- consisting of approximately 31.69 acres that is section (a). ment) located on the parcel for other uses with- located at Elmendorf Air Force Base, Anchor- (c) CONDITIONS ON CONVEYANCE.—The convey- in the Department of the Navy, the Secretary age, Alaska, and identified in land lease W–95– ance of the resource recovery facility authorized may include in the conveyance remaining facili- 507–ENG–58. by subsection (a) is subject to the following con- ties, equipment, and fixtures if the Secretary de- (2) The Secretary may select as purchaser of ditions: termines that manufacturing activities requiring the real property such private person as the Sec- (1) That the County accept the resource recov- the use of such facilities, equipment, and fix- retary, in the sole exercise of the Secretary’s dis- ery facility in its existing condition at the time tures are likely to continue or be reinstated on cretion, considers appropriate. The conveyance of conveyance. (2) That the County provide refuse and steam the parcel after conveyance. shall be subject to the condition that the pur- (b) LEASE AUTHORITY.—Until such time as the service to Fort Dix, New Jersey, at the rate es- chaser agree to provide appropriate mainte- real property described in subsection (a) is con- tablished by the appropriate Federal or State nance for the apartment complex located on the veyed by deed, the Secretary may lease the regulatory authority. property to be conveyed and used by members of property, along with improvements thereon, to (3) That the County comply with all applica- the Armed Forces stationed at Elmendorf Air the City in exchange for security services, fire ble environmental laws and regulations relating Force Base and their dependents. protection, and maintenance provided by the to the resource recovery facility, including any (b) CONSIDERATION.—In consideration for the City for the property. permit or license requirements. conveyance under subsection (a), the purchaser (c) CONDITION OF CONVEYANCE.—The convey- (4) That the County assume full responsibility ance authorized under subsection (a) shall be shall pay to the United States an amount equal for ownership, operation, maintenance, repair, subject to the condition that the City, directly or to the fair market value of the real property to and all regulatory compliance requirements for through an agreement with a public or private be conveyed, as determined by an appraisal sat- the resource recovery facility. entity, use the conveyed property (or offer the isfactory to the Secretary. In determining the (d) CONDITION ON EXPANSION.—The convey- conveyed property for use) for economic redevel- fair market value of the real property, the Sec- ance of the resource recovery facility under sub- opment to replace all or a part of the economic retary shall consider the property as encum- section (a) shall also be subject to the condition activity being lost at the parcel. bered by land lease W–95–507–ENG–58, with an that the County may not expand the resource (d) DESCRIPTION OF PROPERTY.—The exact expiration date of June 13, 2024. recovery facility without prior approval by the acreage and legal description of the real prop- (c) DEPOSIT OF PROCEEDS.—The Secretary Secretary. erty to be conveyed under subsection (a) shall be shall deposit the amount received from the pur- (e) ENVIRONMENTAL COMPLIANCE.—The Coun- determined by a survey satisfactory to the Sec- chaser under subsection (b) in the special ac- ty shall be responsible for owning, operating, retary. The cost of such survey shall be borne by count established under section 204(h)(2) of the and upgrading the resource recovery facility in the City. Federal Property and Administrative Services accordance with all applicable Federal, State, (e) ADDITIONAL TERMS AND CONDITIONS.—The Act of 1949 (40 U.S.C. 585(h)(2)). and municipal laws and regulations promul- Secretary may require such additional terms (d) DESCRIPTION OF PROPERTY.—The exact gated thereunder. and conditions in connection with the convey- acreage and legal description of the real prop- (f) DESCRIPTION OF THE PROPERTY.—The ance under subsection (a) or a lease under sub- erty to be conveyed under subsection (a) shall be exact acreage and legal description of the real section (b) as the Secretary considers appro- determined by a survey satisfactory to the Sec- property to be conveyed under subsection (a), priate to protect the interests of the United retary. The cost of such survey shall be borne by and of any easements to be granted under sub- States. the purchaser. section (b), shall be determined by a survey sat- SEC. 2831. TRANSFER OF JURISDICTION AND (e) ADDITIONAL TERMS AND CONDITIONS.—The isfactory to the Secretary. The cost of such sur- LAND CONVEYANCE, FORT DEVENS Secretary may require such additional terms vey shall be borne by the County. MILITARY RESERVATION, MASSA- and conditions in connection with the convey- (g) ADDITIONAL TERMS AND CONDITIONS.—The CHUSETTS. ance under this section as the Secretary consid- Secretary may require such additional terms (a) TRANSFER OF LAND FOR WILDLIFE REF- ers appropriate to protect the interests of the and conditions in connection with the convey- UGE.—Subject to subsection (b), the Secretary of United States. ance under subsection (a) and the grant of any the Army shall transfer, without reimbursement, SEC. 2833. LAND CONVEYANCE ALTERNATIVE TO easement under subsection (b) as the Secretary to the administrative jurisdiction of the Sec- EXISTING LEASE AUTHORITY, NAVAL considers appropriate to protect the interests of retary of the Interior that portion of Fort SUPPLY CENTER, OAKLAND, CALI- the United States. FORNIA. Devens Military Reservation in the State of SEC. 2842. CONVEYANCE OF WATER AND Massachusetts that is situated south of Massa- Section 2834(b) of the Military Construction WASTEWATER TREATMENT PLANTS, chusetts State Route 2, for inclusion in the Authorization Act for Fiscal Year 1993 (division FORT GORDON, GEORGIA. Oxbow National Wildlife Refuge. The transfer B of Public Law 102–484; 106 Stat. 2614), as (a) CONVEYANCE AUTHORIZED.—The Secretary shall be made as soon as possible after the date amended by section 2833 of the Military Con- of the Army may convey to the city of Augusta, on which the property is determined to be excess struction Authorization Act for Fiscal Year 1994 Georgia (in this section referred to as the to the needs of the Department of Defense. (division B of Public Law 103–160) and section ‘‘City’’), all right, title, and interest of the Unit- (b) LAND CONVEYANCE AUTHORIZED.—The Sec- 2821 of the Military Construction Authorization ed States to several parcels of real property lo- retary of the Army shall convey to the Town of Act for Fiscal Year 1995 (division B of Public cated at Fort Gordon, Georgia, and consisting of Lancaster, Massachusetts (in this section re- Law 103–337), is further amended by adding at approximately seven acres each. The parcels are ferred to as the ‘‘Town’’), all right, title, and in- the end the following new paragraphs: improved with a water filtration plant, water terest of the United States in and to a parcel of ‘‘(4) In lieu of entering into a lease under distribution system with storage tanks, sewage real property consisting of approximately 100 paragraph (1), or in place of an existing lease treatment plant, and sewage collection system. acres of the parcel available for transfer under under such paragraph, the Secretary may con- (b) RELATED EASEMENTS.—The Secretary may subsection (a) and located adjacent to Massa- vey, without consideration, the property de- grant to the City any easement that is necessary chusetts State Highway 70. scribed in such paragraph to the City of Oak- for access to the real property conveyed under (c) LEGAL DESCRIPTION.—(1) The exact acre- land, California, the Port of Oakland, Califor- subsection (a) and operation of the conveyed fa- age and legal description of the real property to nia, or the City of Alameda, California, under cilities. be transferred under subsection (a) shall be de- such terms and conditions as the Secretary con- (c) CONDITIONS ON CONVEYANCE.—The convey- termined by surveys that are mutually satisfac- siders appropriate. ance authorized by subsection (a) is subject to tory to the Secretary of the Army and the Sec- ‘‘(5) The exact acreage and legal description the following conditions: retary of the Interior. The cost of such surveys of any property conveyed under paragraph (4) (1) That the City accept the water and shall be borne by the Secretary of the Interior. shall be determined by a survey satisfactory to wastewater treatment plants and distribution (2) The exact acreage and legal description of the Secretary. The cost of each survey shall be and collection systems in their existing condi- the real property to be conveyed under sub- borne by the recipient of the property.’’. tion at the time of conveyance. June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5859

(2) That the City provide water and sewer (f) ENVIRONMENTAL COMPLIANCE.—The Com- ing Navy operations from the vacated facilities service to Fort Gordon, Georgia, at a rate estab- pany shall be responsible for owning, operating, to the replacement facilities. lished by the appropriate Federal or State regu- and upgrading the electrical distribution system (e) CONGRESSIONAL NOTIFICATION.—The Sec- latory authority. in accordance with all applicable Federal, State, retary may not enter into the agreement author- (3) That the City comply with all applicable and municipal laws and regulations promul- ized by subsection (a) until the end of the 21- environmental laws and regulations regarding gated thereunder. day period beginning on the date on which the the real property conveyed under subsection (a), (g) DESCRIPTION OF EASEMENT.—The exact Secretary submits to Congress a report contain- including any permit or license requirements. acreage and legal description of any easement ing an explanation of the terms of the proposed (4) That the City assume full responsibility for granted under subsection (c) shall be determined agreement and a description of the consider- ownership, operation, maintenance, repair, and by a survey satisfactory to the Secretary. The ation that the Secretary expects to receive under all regulatory compliance requirements for the cost of such survey shall be borne by the Com- the agreement. water and wastewater treatment plants and dis- pany. (f) USE OF PAYMENT.—(1) In such amounts as tribution and collection systems. (h) ADDITIONAL TERMS AND CONDITIONS.—The are provided in advance in appropriation Acts, (d) CONDITION ON EXPANSION.—The convey- Secretary may require such additional terms the Secretary may use amounts paid under sub- ance under subsection (a) shall also be subject and conditions in connection with the convey- section (d)(1) to pay for general supervision, ad- to the condition that the City may not expand ance under subsection (a) and the grant of any ministration, and overhead expenses and for im- the water and wastewater treatment plants and easement under subsection (c) as the Secretary provement, maintenance, repair, construction, distribution and collection systems without prior considers appropriate to protect the interests of or restoration of the roads, railways, and facili- approval by the Secretary. the United States. ties serving the Center. (e) ENVIRONMENTAL COMPLIANCE.—The City (2) In such amounts as are provided in ad- Subtitle E—Other Matters shall be responsible for owning, operating, and vance in appropriation Acts, the Secretary may upgrading the water and wastewater treatment SEC. 2851. EXPANSION OF AUTHORITY TO SELL use amounts paid under subsection (d)(2) to pay plants and distribution and collection systems in ELECTRICITY. for constructing new facilities, or making modi- accordance with all applicable Federal, State, (a) INCLUSION OF ADDITIONAL ENERGY PRO- fications to existing facilities, that are necessary and municipal laws and regulations promul- DUCTION FACILITIES.—Subsection (a) of section to replace facilities vacated by the Navy on ac- gated thereunder. 2483 of title 10, United States Code, is amended count of the agreement under subsection (a) and (f) DESCRIPTION OF PROPERTY.—The exact by striking out ‘‘alternate energy and cogenera- for relocating operations of the Navy from the acreage and legal description of the real prop- tion type production facilities’’ in the first sen- vacated facilities to replacement facilities. erty to be conveyed under subsection (a), and of tence and inserting in lieu thereof ‘‘energy pro- (g) CONSTRUCTION BY PORT AUTHORITY.—The any easements granted under subsection (b), duction facilities’’. Secretary may authorize the Port Authority to shall be determined by a survey satisfactory to (b) CLERICAL AMENDMENTS.—(1) The heading demolish existing facilities located on the prop- the Secretary. The cost of such survey shall be of such section is amended to read as follows: erty covered by the agreement under subsection borne by the City. ‘‘§ 2483. Special sale authority regarding elec- (a) and, consistent with the restriction specified (g) ADDITIONAL TERMS AND CONDITIONS.—The tricity’’. in subsection (c)(2), construct new facilities on Secretary may require such additional terms (2) The table of sections at the beginning of the property for joint use by the Port Authority and conditions in connection with the convey- chapter 147 of title 10, United States Code, is and the Navy. ance under subsection (a) and the grant of any amended by striking out the item relating to sec- (h) ADDITIONAL TERMS AND CONDITIONS.—The easement under subsection (b) as the Secretary tion 2483 and inserting in lieu thereof the fol- Secretary may require such additional terms considers appropriate to protect the interests of lowing new item: and conditions in connection with the agree- the United States. ‘‘2483. Special sale authority regarding elec- ment authorized under subsection (a) as the SEC. 2843. CONVEYANCE OF ELECTRICAL DIS- tricity.’’. Secretary considers appropriate to protect the TRIBUTION SYSTEM, FORT IRWIN, interests of the United States. CALIFORNIA. SEC. 2852. AUTHORITY FOR MISSISSIPPI STATE SEC. 2853. PROHIBITION ON JOINT CIVIL AVIA- (a) CONVEYANCE AUTHORIZED.—The Secretary PORT AUTHORITY TO USE NAVY PROPERTY AT NAVAL CONSTRUC- TION USE OF NAVAL AIR STATION of the Army may convey to the Southern Cali- MIRAMAR, CALIFORNIA. fornia Edison Company, California (in this sec- TION BATTALION CENTER, GULF- PORT, MISSISSIPPI. The Secretary of the Navy may not enter into tion referred to as the ‘‘Company’’), all right, (a) JOINT USE AGREEMENT AUTHORIZED.—The any agreement that would provide for or permit title, and interest of the United States in and to Secretary of the Navy may enter into an agree- civil aircraft to regularly use Naval Air Station the electrical distribution system located at Fort ment with the Port Authority of the State of Miramar, California. Irwin, California. Mississippi (in this section referred to as the SEC. 2854. REPORT REGARDING ARMY WATER (b) DESCRIPTION OF SYSTEM AND CONVEY- ‘‘Port Authority’’), under which the Port Au- CRAFT SUPPORT FACILITIES AND ANCE.—The electrical distribution system au- thority may use real property comprising up to ACTIVITIES. thorized to be conveyed under subsection (a) Not later than February 15, 1996, the Sec- 50 acres located at the Naval Construction Bat- consists of approximately 115 miles of electrical retary of the Army shall submit to Congress a talion Center, Gulfport, Mississippi (in this sec- distribution lines, including poles, switches, report describing— tion referred to as the ‘‘Center’’). reclosers, transformers, regulators, switchgears, (1) the location, assets, and mission of each (b) TERM OF AGREEMENT.—The agreement au- and service lines. The conveyance includes the Army facility, active or reserve component, that thorized under subsection (a) may be for an ini- equipment, fixtures, structures, and other im- supports water transportation operations; tial period of not more than 15 years. Under the provements the Federal Government utilizes to (2) an infrastructure inventory and utilization agreement, the Secretary shall provide the Port provide electrical services at Fort Irwin. The rate of each Army facility supporting water Authority with an option to extend the agree- conveyance shall not include any real property. transportation operations; (c) RELATED EASEMENTS.—The Secretary may ment for at least three additional periods of five (3) options for consolidating these operations grant to the Company any easement that is nec- years each. to reduce overhead; and essary for access to and operation of the elec- (c) CONDITIONS ON USE.—The agreement au- (4) actions that can be taken to affirmatively trical distribution system conveyed under sub- thorized under subsection (a) shall require the respond to requests from the residents of Marcus section (a). Port Authority— Hook, Pennsylvania, to close the Army Reserve (d) CONDITIONS ON CONVEYANCE.—The con- (1) to suspend operations under the agreement facility located in Marcus Hook and make the veyance authorized by subsection (a) is subject in the event Navy contingency operations are facility available for use by the community. conducted at the Center; and to the following conditions: DIVISION C—DEPARTMENT OF ENERGY (2) to use the property covered by the agree- (1) That the Company accept the electrical NATIONAL SECURITY AUTHORIZATIONS ment in a manner consistent with Navy oper- distribution system in its existing condition at AND OTHER AUTHORIZATIONS the time of conveyance. ations conducted at the Center. TITLE XXXI—DEPARTMENT OF ENERGY (2) That the Company provide electrical serv- (d) CONSIDERATION.—(1) As consideration for NATIONAL SECURITY PROGRAMS ice to Fort Irwin, California, at a rate estab- the use of the property covered by the agreement lished by the appropriate Federal or State regu- under subsection (a), the Port Authority shall Subtitle A—National Security Programs latory authority. pay to the Navy an amount equal to the fair Authorizations (3) That the Company comply with all appli- market rental value of the property, as deter- SEC. 3101. WEAPONS ACTIVITIES. cable environmental laws and regulations re- mined by the Secretary taking into consider- (a) STOCKPILE STEWARDSHIP.—Subject to sub- garding the electrical distribution system, in- ation the Port Authority’s use of the property. section (d), funds are hereby authorized to be cluding any permit or license requirements. (2) The Secretary may include a provision in appropriated to the Department of Energy for (4) That the Company assume full responsibil- the agreement requiring the Port Authority— fiscal year 1996 for stockpile stewardship in car- ity for ownership, operation, maintenance, re- (A) to pay the Navy an amount (as deter- rying out weapons activities necessary for na- pair, and all regulatory compliance require- mined by the Secretary) to cover the costs of re- tional security programs in the amount of ments for the electrical distribution system. placing at the Center any facilities vacated by $3,610,914,000, to be allocated as follows: (e) CONDITION ON EXPANSION.—The convey- the Navy on account of the agreement or to con- (1) For core stockpile stewardship, ance under subsection (a) shall also be subject struct suitable replacement facilities for the $1,189,708,000 for fiscal year 1996, to be allocated to the condition that the Company may not ex- Navy; and as follows: pand the electrical distribution system without (B) to pay the Navy an amount (as deter- (A) For operation and maintenance, prior approval by the Secretary. mined by the Secretary) for the costs of relocat- $1,098,403,000. H 5860 CONGRESSIONAL RECORD — HOUSE June 13, 1995 (B) For plant projects (including mainte- Project 93–D–123, complex-21, various loca- Project 94–D–411, solid waste operations com- nance, restoration, planning, construction, ac- tions, $41,065,000. plex project, Richland, Washington, $5,500,000. quisition, modification of facilities, and the con- Project 88–D–122, facilities capability assur- Project 94–D–417, intermediate level and low tinuation of projects authorized in prior years, ance program, various locations, $8,660,000. activity waste vaults, Savannah River Site, and land acquisition related thereto), Project 88–D–123, security enhancement, Aiken, South Carolina, $2,704,000. $96,305,000, to be allocated as follows: Pantex Plant, Amarillo, Texas, $13,400,000. Project 93–D–178, building 374 liquid waste Project 96–D–102, stockpile stewardship facili- (c) PROGRAM DIRECTION.—Subject to sub- treatment facility, Rocky Flats Environmental ties revitalization, Phase VI, various locations, section (d), funds are hereby authorized to be Technology Site, Golden, Colorado, $3,900,000. $2,520,000. appropriated to the Department of Energy for Project 93–D–182, replacement of cross-site Project 96–D–103, ATLAS, Los Alamos Na- fiscal year 1996 for program direction in carry- transfer system, Richland, Washington, tional Laboratory, Los Alamos, New Mexico, ing out weapons activities necessary for na- $19,795,000. $8,400,000. tional security programs in the amount of Project 93–D–183, multi-function waste reme- Project 96–D–104, processing and environ- $118,000,000. diation facility, Richland, Washington, mental technology laboratory (PETL), Sandia (d) ADJUSTMENTS.—The total amount author- $31,000,000. National Laboratories, Albuquerque, New Mex- ized to be appropriated pursuant to this section Project 93–D–187, high-level waste removal ico, $1,800,000. is the sum of the amounts authorized to be ap- from filled waste tanks, Savannah River Site, Project 96–D–105, contained firing facility ad- propriated in subsections (a) through (c) re- Aiken, South Carolina, $19,700,000. dition, Lawrence Livermore National Labora- duced by the sum of— Project 92–D–171, mixed waste receiving and tory, Livermore, California, $6,600,000. (1) $25,000,000, for savings resulting from pro- storage facility, Los Alamos National Labora- Project 95–D–102, Chemical and Metallurgy curement reform; and tory, Los Alamos, New Mexico, $1,105,000. Research Building upgrades project, Los Alamos (2) $86,344,000, for use in prior year balances. Project 92–D–188, waste management environ- mental, safety and health (ES&H) and compli- National Laboratory, Los Alamos, New Mexico, SEC. 3102. ENVIRONMENTAL RESTORATION AND $9,940,000. WASTE MANAGEMENT. ance activities, various locations, $1,100,000. Project 90–D–172, aging waste transfer lines, Project 94–D–102, nuclear weapons research, (a) CORRECTIVE ACTIVITIES.—Subject to sub- development, and testing facilities revitaliza- section (i), funds are hereby authorized to be Richland, Washington, $2,000,000. Project 90–D–177, RWMC transuranic (TRU) tion, Phase V, various locations, $12,200,000. appropriated to the Department of Energy for waste characterization and storage facility, Project 93–D–102, Nevada support facility, fiscal year 1996 for corrective activities in carry- Idaho National Engineering Laboratory, Idaho, North Las Vegas, Nevada, $15,650,000. ing out environmental restoration and waste Project 90–D–102, nuclear weapons research, $1,428,000. management activities necessary for national se- Project 90–D–178, TSA retrieval enclosure, development, and testing facilities revitaliza- curity programs in the amount of $3,406,000, all tion, Phase III, various locations, $6,200,000. Idaho National Engineering Laboratory, Idaho, of which shall be available for the following $2,606,000. Project 88–D–106, nuclear weapons research, plant project (including maintenance, restora- development, and testing facilities revitaliza- Project 89–D–173, tank farm ventilation up- tion, planning, construction, acquisition, modi- grade, Richland, Washington, $800,000. tion, Phase II, various locations, $27,995,000. fication of facilities, and land acquisition relat- (2) For inertial fusion, $240,667,000, to be allo- Project 89–D–174, replacement high-level waste ed thereto): evaporator, Savannah River Site, Aiken, South cated as follows: Project 90–D–103, environment, safety and (A) For operation and maintenance, Carolina, $11,500,000. health improvements, weapons research and de- $203,267,000. Project 86–D–103, decontamination and waste velopment complex, Los Alamos National Lab- (B) For plant projects (including mainte- treatment facility, Lawrence Livermore National oratory, Los Alamos, New Mexico. nance, restoration, planning, construction, ac- Laboratory, Livermore, California, $8,885,000. (b) ENVIRONMENTAL RESTORATION.—Subject to quisition, modification of facilities, and the con- Project 83–D–148, nonradioactive hazardous subsection (i), funds are hereby authorized to be tinuation of projects authorized in prior years, waste management, Savannah River Site, appropriated to the Department of Energy for and land acquisition related thereto), $37,400,000 Aiken, South Carolina, $1,000,000. fiscal year 1996 for environmental restoration in to be allocated as follows: (d) TECHNOLOGY DEVELOPMENT.—Subject to carrying out environmental restoration and Project 96–D–111, national ignition facility, subsection (i), funds are hereby authorized to be waste management activities necessary for na- TBD, $37,400,000. appropriated to the Department of Energy for (3) For technology transfer, $25,000,000. tional security programs in the amount of fiscal year 1996 for technology development in (4) For Marshall Islands, $6,800,000. $1,575,973,000. carrying out environmental restoration and (b) STOCKPILE MANAGEMENT.—Subject to sub- (c) WASTE MANAGEMENT.—Subject to sub- waste management activities necessary for na- section (d), funds are hereby authorized to be section (i), funds are hereby authorized to be tional security programs in the amount of appropriated to the Department of Energy for appropriated to the Department of Energy for $390,510,000. fiscal year 1996 for stockpile management in car- fiscal year 1996 for waste management in carry- (e) TRANSPORTATION MANAGEMENT.—Subject rying out weapons activities necessary for na- ing out environmental restoration and waste to subsection (i), funds are hereby authorized to tional security programs in the amount of management activities necessary for national se- be appropriated to the Department of Energy for $2,142,083,000, to be allocated as follows: curity programs in the amount of $2,351,596,000, fiscal year 1996 for transportation management (1) For operation and maintenance, to be allocated as follows: in carrying out environmental restoration and $2,028,458,000. (1) For operation and maintenance, waste management activities necessary for na- (2) For plant projects (including maintenance, $2,168,994,000. tional security programs in the amount of restoration, planning, construction, acquisition, (2) For plant projects (including maintenance, $10,158,000. modification of facilities, and the continuation restoration, planning, construction, acquisition, (f) NUCLEAR MATERIALS AND FACILITIES STA- of projects authorized in prior years, and land modification of facilities, and the continuation BILIZATION.—Subject to subsection (i), funds are acquisition related thereto), $113,625,000, to be of projects authorized in prior years, and land hereby authorized to be appropriated to the De- allocated as follows: acquisition related thereto), $182,602,000, to be partment of Energy for fiscal year 1996 for nu- Project 96–D–122, sewage treatment quality allocated as follows: clear materials and facilities stabilization in upgrade (STQU), Pantex Plant, Amarillo, Project 96–D–406, K-Basin operations pro- carrying out environmental restoration and Texas, $600,000. gram, Richland, Washington, $26,000,000. waste management activities necessary for na- Project 96–D–123, retrofit HVAC and chillers Project 96–D–407, mixed waste low level waste tional security programs in the amount of for ozone protection, Y–12 Plant, Oak Ridge, treatment projects, Rocky Flats, Golden, Colo- $1,514,504,000 to be allocated as follows: Tennessee, $3,100,000. rado, $2,900,000. (1) For operation and maintenance, Project 96–D–125, Washington measurements Project 96–D–408, waste management up- $1,427,108,000. operations facility, Andrews Air Force Base, grades, various locations, $5,615,000. (2) For plant projects (including maintenance, Camp Springs, Maryland, $900,000. Project 95–D–402, install permanent electrical restoration, planning, construction, acquisition, Project 96–D–126, tritium loading line modi- service for the Waste Isolation Pilot Plant, modification of facilities, and the continuation fications, Savannah River Site, South Carolina, Carlsbad, New Mexico, $4,314,000. of projects authorized in prior years, and land $12,200,000. Project 95–D–405, industrial landfill V and acquisition related thereto), $87,396,000, to be al- Project 95–D–122, sanitary sewer upgrade, Y– construction/demolition landfill VII, Phase III, located as follows: 12 Plant, Oak Ridge, Tennessee, $6,300,000. Y–12 Plant, Oak Ridge, Tennessee, $4,600,000. Project 96–D–458, site drainage control, Project 94–D–124, hydrogen fluoride supply Project 95–D–406, road 5–01 reconstruction, Mound Plant, Miamisburg, Ohio, $885,000. system, Y–12 Plant, Oak Ridge, Tennessee, area 5, Nevada Test Site, Nevada, $1,023,000. Project 96–D–461, Idaho National Engineering $8,700,000. Project 94–D–400, high explosive wastewater Laboratory electrical distribution upgrade, Project 94–D–125, upgrade life safety, Kansas treatment system, Los Alamos National Labora- Idaho National Engineering Laboratory, Idaho, City Plant, Kansas City, Missouri, $5,500,000. tory, Los Alamos, New Mexico, $4,445,000. $1,539,000. Project 94–D–127, emergency notification sys- Project 94–D–402, liquid waste treatment sys- Project 96–D–462, health physics instrument tem, Pantex Plant, Amarillo, Texas, $2,000,000. tem, Nevada Test Site, Nevada, $282,000. laboratory, Idaho National Engineering Labora- Project 94–D–128, environmental safety and Project 94–D–404, Melton Valley storage tanks tory, Idaho, $1,126,000. health analytical laboratory, Pantex Plant, capacity increase, Oak Ridge National Labora- Project 96–D–464, electrical and utility systems Amarillo, Texas, $4,000,000. tory, Oak Ridge, Tennessee, $11,000,000. upgrade, Idaho Chemical Processing Plant, Project 93–D–122, life safety upgrades, Y–12 Project 94–D–407, initial tank retrieval sys- Idaho National Engineering Laboratory, Idaho, Plant, Oak Ridge, Tennessee, $7,200,000. tems, Richland, Washington, $9,400,000. $4,952,000. June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5861

Project 96–D–470, environmental monitoring SEC. 3103. PAYMENT OF PENALTIES. (b) REPORT.—(1) The report referred to in sub- laboratory, Savannah River Site, Aiken, South The Secretary of Energy may pay to the Haz- section (a) is a report containing a full and com- Carolina, $3,500,000. ardous Substance Superfund established under plete statement of the action proposed to be Project 96–D–471, CFC HVAC/chiller retrofit, section 9507 of the Internal Revenue Code of taken and the facts and circumstances relied Savannah River Site, Aiken, South Carolina, 1986 (26 U.S.C. 9507), from funds appropriated to upon in support of such proposed action. $1,500,000. the Department of Energy for environmental (2) In the computation of the 30-day period Project 96–D–473, health physics site support restoration and waste management activities under subsection (a), there shall be excluded facility, Savannah River Site, Aiken, South pursuant to section 3102, stipulated civil pen- any day on which either House of Congress is Carolina, $2,000,000. alties assessed under the Comprehensive Envi- not in session because of an adjournment of Project 95–D–155, upgrade site road infra- ronmental Response, Compensation, and Liabil- more than 3 days to a day certain. structure, Savannah River site, Aiken, South ity Act of 1980 (42 U.S.C. 9601 et seq.) in the (c) LIMITATIONS.—(1) In no event may the Carolina, $2,900,000. amount of $350,000 assessed against the Rocky total amount of funds obligated pursuant to this Project 95–D–156, radio trunking system, Sa- Flats site, Colorado, under such Act. title exceed the total amount authorized to be vannah River site, Aiken, South Carolina, SEC. 3104. OTHER DEFENSE ACTIVITIES. appropriated by this title. $6,000,000. (2) Funds appropriated pursuant to this title (a) OTHER DEFENSE ACTIVITIES.—Subject to Project 95–D–454, 324 facility compliance/ren- subsection (b), funds are hereby authorized to may not be used for an item for which Congress ovation, Richland, Washington, $3,500,000. be appropriated to the Department of Energy for has specifically denied funds. Project 95–D–456, security facilities consolida- SEC. 3122. LIMITS ON GENERAL PLANT tion, Idaho Chemical Processing Plant, Idaho fiscal year 1996 for other defense activities in carrying out programs necessary for national se- PROJECTS. National Engineering Laboratory, Idaho, (a) IN GENERAL.—The Secretary of Energy $8,382,000. curity in the amount of $1,328,841,000, to be allo- cated as follows: may carry out any construction project under Project 94–D–122, underground storage tanks, the general plant projects authorized by this Rocky Flats Plant, Golden, Colorado, $5,000,000. (1) For verification and control technology, $353,200,000, to be allocated as follows: title if the total estimated cost of the construc- Project 94–D–401, emergency response facility, tion project does not exceed $2,000,000. Idaho National Engineering Laboratory, Idaho, (A) For nonproliferation and verification re- search and development, $163,500,000. (b) REPORT TO CONGRESS.—If, at any time $5,074,000. during the construction of any general plant Project 94–D–412, 300 area process sewer pip- (B) For arms control, $147,364,000. (C) For intelligence, $42,336,000. project authorized by this title, the estimated ing system upgrade, Richland, Washington, cost of the project is revised because of unfore- $1,000,000. (2) For nuclear safeguards and security, $83,395,000. seen cost variations and the revised cost of the Project 94–D–415, Idaho National Engineering project exceeds $2,000,000, the Secretary shall Laboratory medical facilities, Idaho National (3) For security investigations, $25,000,000. (4) For security evaluations, $14,707,000. immediately furnish a complete report to the Engineering Laboratory, Idaho, $3,601,000. congressional defense committees explaining the Project 94–D–451, infrastructure replacement, (5) For the Office of Nuclear Safety, reasons for the cost variation. Rocky Flats Plant, Golden, Colorado, $2,940,000. $15,050,000. Project 93–D–147, domestic water system up- (6) For worker and community transition as- SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS. grade, Phase I and II, Savannah River Site, sistance, $75,000,000. (a) IN GENERAL.—(1) Except as provided in Aiken, South Carolina, $7,130,000. (7) For fissile materials disposition, paragraph (2), construction on a construction Project 93–D–172, Idaho National Engineering $70,000,000. project may not be started or additional obliga- Laboratory electrical upgrade, Idaho National (8) For emergency management, $23,321,000. tions incurred in connection with the project Engineering Laboratory, Idaho, $124,000. (9) For naval reactors development, above the total estimated cost, whenever the Project 92–D–123, plant fire/security alarm $682,168,000, to be allocated as follows: current estimated cost of the construction system replacement, Rocky Flats Plant, Golden, (A) For operation and infrastructure, project, which is authorized by sections 3101, Colorado, $9,560,000. $659,168,000. 3102, and 3104, or which is in support of na- Project 92–D–125, master safeguards and secu- (B) For plant projects (including mainte- tional security programs of the Department of rity agreement/materials surveillance task force nance, restoration, planning, construction, ac- Energy and was authorized by any previous security upgrades, Rocky Flats Plant, Golden, quisition, modification of facilities, and the con- Act, exceeds by more than 25 percent the higher Colorado, $7,000,000. tinuation of projects authorized in prior years, of— Project 92–D–181, Idaho National Engineering and land acquisition related thereto), (A) the amount authorized for the project; or Laboratory fire and life safety improvements, $23,000,000, to be allocated as follows: (B) the amount of the total estimated cost for Idaho National Engineering Laboratory, Idaho, Project 95–D–200, laboratory systems and hot the project as shown in the most recent budget $6,883,000. cell upgrades, various locations, $11,300,000. justification data submitted to Congress. Project 91–D–127, criticality alarm and plant Project 95–D–201, advanced test reactor radio- (2) An action described in paragraph (1) may annunciation utility replacement, Rocky Flats active waste system upgrades, Idaho National be taken if— Plant, Golden, Colorado, $2,800,000. Engineering Laboratory, Idaho, $4,800,000. (A) the Secretary of Energy has submitted to (g) COMPLIANCE AND PROGRAM COORDINA- Project 93–D–200, engineering services facili- the congressional defense committees a report on TION.—Subject to subsection (i), funds are here- ties, Knolls Atomic Power Laboratory, the actions and the circumstances making such by authorized to be appropriated to the Depart- Niskayuna, New York, $3,900,000. action necessary; and ment of Energy for fiscal year 1996 for compli- Project 90–N–102, expended core facility dry (B) a period of 30 days has elapsed after the ance and program coordination in carrying out cell project, Naval Reactors facility, Idaho, date on which the report is received by the com- environmental restoration and waste manage- $3,000,000. mittees. ment activities necessary for national security (b) ADJUSTMENT.—The total amount that may (3) In the computation of the 30-day period programs in the amount of $31,251,000, to be al- be appropriated pursuant to this section is the under paragraph (2), there shall be excluded located as follows: amount authorized to be appropriated in sub- any day on which either House of Congress is (1) For operation and maintenance, section (a) reduced by the sum of $13,000,000, for not in session because of an adjournment of $16,251,000. use of prior year balances. more than 3 days to a day certain. (b) EXCEPTION.—Subsection (a) shall not (2) For the following plant project (including SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL. maintenance, restoration, planning, construc- apply to any construction project which has a Funds are hereby authorized to be appro- current estimated cost of less than $5,000,000. tion, acquisition, modification of facilities, and priated to the Department of Energy for fiscal SEC. 3124. FUND TRANSFER AUTHORITY. the continuation of projects authorized in prior year 1996 for payment to the Nuclear Waste (a) TRANSFER TO OTHER FEDERAL AGENCIES.— years, and land acquisition related thereto): Fund established in section 302(c) of the Nuclear The Secretary of Energy may transfer funds au- Project 95–E–600, hazardous materials man- Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in thorized to be appropriated to the Department of agement and emergency response training cen- the amount of $198,400,000. ter, Richland, Washington, $15,000,000. Energy pursuant to this title to other Federal (h) ANALYSIS, EDUCATION, AND RISK MANAGE- Subtitle B—Recurring General Provisions agencies for the performance of work for which MENT.—Subject to subsection (i), funds are here- SEC. 3121. REPROGRAMMING. the funds were authorized. Funds so transferred by authorized to be appropriated to the Depart- (a) IN GENERAL.—Until the Secretary of En- may be merged with and be available for the ment of Energy for fiscal year 1996 analysis, ergy submits to the congressional defense com- same purposes and for the same time period as education, and risk management in carrying out mittees the report referred to in subsection (b) the authorizations of the Federal agency to environmental restoration and waste manage- and a period of 30 days has elapsed after the which the amounts are transferred. ment activities necessary for national security date on which such committees receive the re- (b) TRANSFER WITHIN DEPARTMENT OF EN- programs in the amount of $77,022,000. port, the Secretary may not use amounts appro- ERGY; LIMITATIONS.—(1) Subject to paragraph (i) ADJUSTMENTS.—The total amount author- priated pursuant to this title for any program— (2), the Secretary of Energy may transfer funds ized to be appropriated pursuant to this section (1) in amounts that exceed, in a fiscal year— authorized to be appropriated to the Department is the sum of the amounts specified in sub- (A) 110 percent of the amount authorized for of Energy pursuant to this title between any sections (a) through (h) reduced by the sum of— that program by this title; or such authorizations. Amounts of authorizations (1) $651,942,000, for use of prior year balances; (B) $1,000,000 more than the amount author- so transferred may be merged with and be avail- and ized for that program by this title; or able for the same purposes and for the same time (2) $37,000,000 for Savannah River Pension (2) which has not been presented to, or re- period as the authorization to which the Refund. quested of, Congress. amounts are transferred. H 5862 CONGRESSIONAL RECORD — HOUSE June 13, 1995 (2) Not more than 5 percent of any such au- propriated pursuant to this title for management completing the evaluation and beginning the im- thorization may be transferred between author- and support activities and for general plant plementation of the plutonium storage and dis- izations under paragraph (1). No such author- projects are available for use, when necessary, position option, including the multipurpose ad- ization may be increased or decreased by more in connection with all national security pro- vanced light water reactor, in the amount of than 5 percent by a transfer under such para- grams of the Department of Energy. $70,000,000, of which— graph. SEC. 3128. AVAILABILITY OF FUNDS. (1) $5,000,000 shall be made available to the (3) The authority provided by this section to When so specified in an appropriation Act, Idaho National Engineering Laboratory for transfer authorizations— amounts appropriated for operating expenses or evaluation of plutonium conversion to oxide fuel (A) may only be used to provide funds for for plant and capital equipment may remain material in the multipurpose advanced light items that have a higher priority than the items available until expended. water reactor; and from which the funds are transferred; and (2) sufficient funds shall be made available for Subtitle C—Program Authorizations, (B) may not be used to provide authority for a complete consideration of the multipurpose Restrictions, and Limitations an item that has been denied funds by Congress. advanced light water reactor in the Department (c) NOTICE TO CONGRESS.—The Secretary of SEC. 3131. AUTHORITY TO CONDUCT PROGRAM of Energy programmatic environmental impact Energy shall promptly notify the Committee on RELATING TO FISSILE MATERIALS. statement. Armed Services of the Senate and the Committee (a) AUTHORITY.—The Secretary of Energy (c) ACCELERATOR RESEARCH AND DEVELOP- on National Security of the House of Represent- may conduct programs designed to improve the MENT.—(1) Subject to paragraph (2), funds au- atives of any transfer of funds to or from au- protection, control, and accountability of fissile thorized in subsection (a)(2) shall be used to thorizations under this title. materials in Russia. continue research and development of the accel- SEC. 3125. AUTHORITY FOR CONCEPTUAL AND (b) PRIOR NOTICE TO CONGRESS OF OBLIGA- erator technologies in defense areas, including CONSTRUCTION DESIGN. TION OF FUNDS.— its potential use as a backup technology to the (a) REQUIREMENT FOR CONCEPTUAL DESIGN.— (1) ANNUAL REQUIREMENT.—(A) Not less than advanced light-water reactor technology for (1) Subject to paragraph (2) and except as pro- 15 days before any obligation of any funds ap- tritium production. vided in paragraph (3), before submitting to propriated for any fiscal year for a program de- (2) Funds authorized in subsection (a)(2) may Congress a request for funds for a construction scribed in subsection (a), the Secretary of En- be expended only after the Secretary begins im- project that is in support of a national security ergy shall submit to the congressional commit- plementation of the program described in sub- program of the Department of Energy, the Sec- tees specified in subparagraph (B) a report on section (a)(1)(A). retary of Energy shall complete a conceptual de- that proposed obligation for that program for sign for that project. that fiscal year. Subtitle D—Other Matters (2) If the estimated cost of completing a con- (B) The congressional committees referred to SEC. 3141. REPORT ON FOREIGN TRITIUM PUR- ceptual design for a construction project exceeds in subparagraph (A) are the following: CHASES. $3,000,000, the Secretary shall submit to Con- (i) The Committee on Armed Services, the Not later than February 1, 1996, the President gress a request for funds for the conceptual de- Committee on Foreign Relations, and the Com- shall submit to Congress a report on the feasibil- sign before submitting a request for funds for mittee on Appropriations of the Senate. ity of, the cost of, and the political, legal, and the construction project. (ii) The Committee on National Security, the other issues associated with purchasing tritium (3) The requirement in paragraph (1) does not Committee on International Relations, and the from various foreign suppliers in order to ensure apply to a request for funds— Committee on Appropriations of the House of an adequate supply of tritium in the United (A) for a construction project the total esti- Representatives. States for nuclear weapons. mated cost of which is less than $2,000,000, or (B) for emergency planning, design, and con- (2) MATTERS TO BE SPECIFIED IN REPORTS.— SEC. 3142. STUDY ON NUCLEAR TEST READINESS POSTURES. struction activities under section 3126. Each such report shall specify— (b) AUTHORITY FOR CONSTRUCTION DESIGN.— (A) the activities and forms of assistance for Not later than February 15, 1996, the Sec- (1) Within the amounts authorized by this title, which the Secretary of Energy plans to obligate retary of Energy shall submit to Congress a re- the Secretary of Energy may carry out construc- funds; port on the cost of, and the programmatic and tion design services (including architectural and (B) the amount of the proposed obligation; other issues associated with, sustaining an abil- engineering services) in connection with any and ity to conduct an underground nuclear test in 6, proposed construction project if the total esti- (C) the projected involvement (if any) of any 18, and 36 months from the date on which the mated cost for such design does not exceed department or agency of the United States (in President determines that such a test is nec- $600,000. addition to the Department of Energy) and of essary to ensure the national security of the (2) If the total estimated cost for construction the private sector of the United States in the ac- United States. design in connection with any construction tivities and forms of assistance for which the SEC. 3143. MASTER PLAN ON WARHEADS IN THE project exceeds $600,000, funds for such design Secretary of Energy plans to obligate such ENDURING STOCKPILE. must be specifically authorized by law. funds. (a) MASTER PLAN.—Not later than March 15, SEC. 3126. AUTHORITY FOR EMERGENCY PLAN- SEC. 3132. NATIONAL IGNITION FACILITY. 1996, the President shall submit to Congress a NING, DESIGN, AND CONSTRUCTION None of the funds appropriated pursuant to master plan that describes in detail how the ACTIVITIES. this title for the National Ignition Facility may Government plans to demonstrate, by 2002— (a) AUTHORITY.—The Secretary of Energy be obligated until— (1) the capability to refabricate and certify may use any funds available to the Department (1) the Secretary of Energy concludes that the warheads in the enduring stockpile; and of Energy pursuant to an authorization in this construction of the National Ignition Facility (2) the capability to design, fabricate, and cer- title, including those funds authorized to be ap- will not impede the nuclear nonproliferation ob- tify new warheads. propriated for advance planning and construc- jectives of the United States; and (b) FORM OF PLAN.—The plan should be sub- tion design under sections 3101, 3102, and 3104, (2) the Secretary of Energy notifies the con- mitted in classified and unclassified forms. to perform planning, design, and construction gressional defense committees of that conclu- SEC. 3144. PROHIBITION ON INTERNATIONAL IN- activities for any Department of Energy defense sion. SPECTIONS OF DEPARTMENT OF EN- activity construction project that, as determined SEC. 3133. TRITIUM PRODUCTION. ERGY FACILITIES UNLESS PROTEC- by the Secretary, must proceed expeditiously in TION OF RESTRICTED DATA IS CER- (a) NEW TRITIUM PRODUCTION ACTIVITIES.— order to protect public health and safety, meet TIFIED. Funds authorized to be appropriated for fiscal the needs of national defense, or to protect (a) PROHIBITION ON INSPECTIONS.—The Sec- year 1996 for new tritium production activities property. retary of Energy may not allow an inspection of shall be available only for the following pur- (b) LIMITATION.—The Secretary may not exer- a nuclear weapons facility by the International cise the authority under subsection (a) in the poses and in the following amounts: Atomic Energy Agency until— case of any construction project until the Sec- (1) For implementation of multipurpose water (1) the Secretary certifies to Congress that no retary has submitted to the congressional de- reactor technology, $60,000,000, of which— restricted data or classified information will be fense committees a report on the activities that (A) $14,000,000 shall be made available to pri- revealed during such inspection; and the Secretary intends to carry out under this vate industry to begin implementation of the (2) a period of 30 days has passed since the section and the circumstances making such ac- privatized multipurpose reactor program plan date on which such certification was made. submitted to the Department of Energy on tivities necessary. (b) RESTRICTED DATA DEFINED.—In this sec- (c) SPECIFIC AUTHORITY.—The requirement of March 31, 1994; and tion, the term ‘‘restricted data’’ has the meaning section 3125(b)(2) does not apply to emergency (B) $20,000,000 shall be made available to the provided by section 11 y. of the Atomic Energy planning, design, and construction activities Idaho National Engineering Laboratory for the Act of 1954 (42 U.S.C. 2014(y)). test and development of both the Light Water conducted under this section. TITLE XXXII—DEFENSE NUCLEAR (d) REPORT.—The Secretary of Energy shall Reactor Tritium Target Program and Mixed FACILITIES SAFETY BOARD report to the congressional defense committees Oxide Fuels. any exercise of authority under this section. (2) For research and development of accelera- SEC. 3201. AUTHORIZATION. SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL tor technology, $40,000,000. There are authorized to be appropriated for SECURITY PROGRAMS OF THE DE- (b) FISSILE MATERIALS CONTROL AND DISPOSI- fiscal year 1996 $17,000,000 for the operation of PARTMENT OF ENERGY. TION.—Funds authorized to be appropriated for the Defense Nuclear Facilities Safety Board Subject to the provisions of appropriations fiscal year 1996 for fissile materials storage and under chapter 21 of the Atomic Energy Act of Acts and section 3121 of this title, amounts ap- disposition activities shall be available only for 1954 (42 U.S.C. 2286 et seq.) June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5863 TITLE XXXIII—NATIONAL DEFENSE of Defense shall transfer from stocks of the Na- ‘‘(3) If, on the effective date, there is an ongo- STOCKPILE tional Defense Stockpile up to 250 short tons of ing equity redetermination dispute between the SEC. 3301. FISCAL YEAR 1996 AUTHORIZED USES titanium sponge to the Secretary of the Army for equity owners under section 9(b) of the unit OF STOCKPILE FUNDS. use in the weight reduction portion of the main plan contract, such dispute shall be resolved in (a) OBLIGATION OF STOCKPILE FUNDS.—Dur- battle tank upgrade program. Transfers under the manner provided in the unit plan contract ing fiscal year 1996, the National Defense Stock- this section shall be without charge to the within five months after the effective date. Such pile Manager may obligate up to $77,100,000 of Army, except that the Secretary of the Army resolution shall be considered final for all pur- the funds in the National Defense Stockpile shall pay all transportation and related costs poses under this section. Transaction Fund established under subsection incurred in connection with the transfer. ‘‘(c) TIMING AND ADMINISTRATION OF SALE.— (a) of section 9 of the Strategic and Critical Ma- (b) NATIONAL DEFENSE STOCKPILE DEFINED.— (1) Not later than two months after the effective terials Stock Piling Act (50 U.S.C. 98h) for the For purposes of this section, the term ‘‘National date, the Secretary shall retain the services of authorized uses of such funds under subsection Defense Stockpile’’ means the stockpile provided five independent experts in the valuation of oil (b)(2) of such section. for in section 4 of the Strategic and Critical Ma- and gas fields to conduct separate assessments, (b) ADDITIONAL OBLIGATIONS.—The National terials Stock Piling Act (50 U.S.C. 98c). in a manner consistent with commercial prac- Defense Stockpile Manager may obligate TITLE XXXIV—NAVAL PETROLEUM tices, of the fair market value of the interest of amounts in excess of the amount specified in RESERVES the United States in Naval Petroleum Reserve subsection (a) if the National Defense Stockpile SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. Numbered 1. In making their assessments, the Manager notifies Congress that extraordinary or There is hereby authorized to be appropriated independent experts shall consider (among other emergency conditions necessitate the additional to the Secretary of Energy $101,028,000 for fiscal factors) all equipment and facilities to be in- obligations. The National Defense Stockpile year 1996 for the purpose of carrying out activi- cluded in the sale, the net present value of the Manager may make the additional obligations ties under chapter 641 of title 10, United States reserve, and the net present value of the antici- described in the notification after the end of the Code, relating to the naval petroleum reserves pated revenue stream that the Secretary deter- 45-day period beginning on the date Congress (as defined in section 7420(2) of such title). mines the Treasury would receive from the re- receives the notification. Funds appropriated pursuant to such author- serve if the reserve were not sold, adjusted for (c) LIMITATIONS.—The authorities provided by ization shall remain available until expended. any anticipated increases in tax revenues that would result if the reserve were sold. The inde- this section shall be subject to such limitations SEC. 3402. PRICE REQUIREMENT ON SALE OF CER- as may be provided in appropriations Acts. TAIN PETROLEUM DURING FISCAL pendent experts shall complete their assessments SEC. 3302. PREFERENCE FOR DOMESTIC YEAR 1996. within five months after the effective date. In UPGRADERS IN DISPOSAL OF CHRO- Notwithstanding section 7430(b)(2) of title 10, setting the minimum acceptable price for the re- MITE AND MANGANESE ORES AND United States Code, during fiscal year 1996, any serve, the Secretary shall consider the average CHROMIUM FERRO AND MANGANESE sale of any part of the United States share of of the five assessments or, if more advantageous METAL ELECTROLYTIC. petroleum produced from Naval Petroleum Re- to the Government, the average of three assess- (a) PREFERENCE FOR DOMESTIC UPGRADING.— serves Numbered 1, 2, and 3 shall be made at a ments after excluding the high and low assess- In offering to enter into agreements pursuant to price not less than 90 percent of the current ments. any provision of law for the disposal from the sales price, as estimated by the Secretary of En- ‘‘(2) Not later than two months after the effec- National Defense Stockpile of chromite and ergy, of comparable petroleum in the same area. tive date, the Secretary shall retain the services manganese ores of metallurgical grade or chro- SEC. 3403. SALE OF NAVAL PETROLEUM RESERVE of an investment banker to independently ad- mium ferro and manganese metal electrolytic, NUMBERED 1 (ELK HILLS). minister, in a manner consistent with commer- the President shall give a right of first refusal (a) SALE OF ELK HILLS UNIT REQUIRED.— cial practices and in a manner that maximizes on all such offers to domestic ferroalloy Chapter 641 of title 10, United States Code, is sale proceeds to the Government, the sale of upgraders. amended by inserting after section 7421 the fol- Naval Petroleum Reserve Numbered 1 under this (b) DOMESTIC FERROALLOY UPGRADER DE- lowing new section: section. FINED.—For purposes of this section, the term ‘‘§ 7421a. Sale of Naval Petroleum Reserve ‘‘(3) Not later than five months after the effec- ‘‘domestic ferroalloy upgrader’’ means a com- Numbered 1 (Elk Hills) tive date, the sales administrator selected under pany or other business entity that, as deter- paragraph (2) shall complete a draft contract for ‘‘(a) SALE REQUIRED.—(1) Notwithstanding mined by the President— the sale of Naval Petroleum Reserve Numbered any other provision of this chapter, the Sec- (1) is engaged in (or is capable of engaging in) 1, which shall accompany the invitation for bids retary shall sell all right, title, and interest of operations to upgrade chromite or manganese and describe the terms and provisions of the sale the United States in and to lands owned or con- ores of metallurgical grade or chromium ferro of the interest of the United States in the re- trolled by the United States inside Naval Petro- and manganese metal electrolytic; and serve. The draft contract shall identify all leum Reserve Numbered 1, commonly referred to (2) conducts a significant level of its research, equipment and facilities to be included in the as the Elk Hills Unit, located in Kern County, development, engineering, and upgrading oper- sale. The draft contract, including the terms California, and established by Executive order ations in the United States. and provisions of the sale of the interest of the of the President, dated September 2, 1912. With- (c) NATIONAL DEFENSE STOCKPILE DEFINED.— United States in the reserve, shall be subject to in one year after the effective date, the Sec- For purposes of this section, the term ‘‘National review and approval by the Secretary, the Sec- retary shall enter into one or more contracts for Defense Stockpile’’ means the stockpile provided retary of the Treasury, and the Director of the the sale of all of the interest of the United for in section 4 of the Strategic and Critical Ma- Office of Management and Budget. terials Stock Piling Act (50 U.S.C. 98c). States in the reserve. ‘‘(2) In this section: ‘‘(4) Not later than six months after the effec- SEC. 3303. RESTRICTIONS ON DISPOSAL OF MAN- ‘‘(A) The term ‘reserve’ means Naval Petro- tive date, the Secretary shall publish an invita- GANESE FERRO. leum Reserve Numbered 1. tion for bids for the purchase of the reserve. (a) DISPOSAL OF LOWER GRADE MATERIAL ‘‘(B) The term ‘unit plan contract’ means the ‘‘(5) Not later than nine months after the ef- FIRST.—The President may not dispose of high unit plan contract between equity owners of the fective date, the Secretary shall accept the high- carbon manganese ferro in the National Defense lands within the boundaries of Naval Petroleum est responsible offer for purchase of the interest Stockpile that meets the National Defense Stock- Reserve Numbered 1 entered into on June 19, of the United States in Naval Petroleum Reserve pile classification of Grade One, Specification 1944. Numbered 1 that meets or exceeds the minimum 30(a), as revised on May 22, 1992, until complet- ‘‘(C) The term ‘effective date’ means the date acceptable price determined under paragraph ing the disposal of all manganese ferro in the of the enactment of the National Defense Au- (1). National Defense Stockpile that does not meet thorization Act for Fiscal Year 1996. ‘‘(d) FUTURE LIABILITIES.—The United States such classification. The President may not re- ‘‘(b) EQUITY FINALIZATION.—(1) Not later shall hold harmless and fully indemnify the classify manganese ferro in the National De- than five months after the effective date, the purchaser of the interest of the United States in fense Stockpile after the date of the enactment Secretary shall finalize equity interests of the Naval Petroleum Reserve Numbered 1 from and of this Act. known oil and gas zones in Naval Petroleum Re- against any claim or liability as a result of own- (b) REQUIREMENT FOR DOMESTIC UPGRAD- serve Numbered 1 in the manner provided by ership in the reserve by the United States. ING.—Manganese ferro in the National Defense this subsection. ‘‘(e) TREATMENT OF STATE OF CALIFORNIA Stockpile that does not meet the classification ‘‘(2) The Secretary shall retain the services of CLAIM.—(1) All claims against the United States specified in subsection (a) shall only be sold for an independent petroleum engineer, mutually by the State of California or the Teachers’ Re- domestic remelting in a submerged arc acceptable to the equity owners, who shall pre- tirement Fund of the State of California with re- ferromanganese furnace. pare a recommendation on final equity figures. spect to land within the Naval Petroleum Re- (c) NATIONAL DEFENSE STOCKPILE DEFINED.— The Secretary may accept the recommendation serve Numbered 1 or production or proceeds of For purposes of this section, the term ‘‘National of the independent petroleum engineer for final sale from the reserve shall be resolved only as Defense Stockpile’’ means the stockpile provided equity in each known oil and gas zone and es- follows: for in section 4 of the Strategic and Critical Ma- tablish final equity interest in the Naval Petro- ‘‘(A) A payment from funds provided for this terials Stock Piling Act (50 U.S.C. 98c). leum Reserve Numbered 1 in accordance with purpose in advance in appropriation Acts. SEC. 3304. TITANIUM INITIATIVE TO SUPPORT such recommendation, or the Secretary may use ‘‘(B) A grant of nonrevenue generating land BATTLE TANK UPGRADE PROGRAM. such other method to establish final equity in- in lieu of such a payment pursuant to sections (a) TRANSFER OF TITANIUM.—During each of terest in the reserve as the Secretary considers 2275 and 2276 of the Revised Statutes of the the fiscal years 1996 through 2003, the Secretary appropriate. United States (43 U.S.C. 851 and 852). H 5864 CONGRESSIONAL RECORD — HOUSE June 13, 1995

‘‘(C) Any other means that would not be in- ‘‘(k) CONGRESSIONAL NOTIFICATION.—Section funds in the Panama Canal Revolving Fund not consistent with the Congressional Budget Act of 7431 of this title shall not apply to the sale of more than $50,741,000 for administrative ex- 1974 (2 U.S.C. 621 et seq.). Naval Petroleum Reserve Numbered 1 under this penses, of which not more than— ‘‘(D) Any combination of subparagraphs (A), section. However, the Secretary may not enter (1) $11,000 may be used for official reception (B), and (C). into a contract for the sale of the reserve until and representation expenses of the Supervisory ‘‘(2) The value of any payment, grant, or the end of the 31-day period beginning on the Board of the Commission; means (or combination thereof) under para- date on which the Secretary notifies the Com- (2) $5,000 may be used for official reception graph (1) may not exceed an amount equal to mittee on Armed Services of the Senate and the and representation expenses of the Secretary of seven percent of the proceeds from the sale of Committee on National Security and the Com- the Commission; and the reserve, after deducting the costs incurred to mittee on Commerce of the House of Representa- (3) $30,000 may be used for official reception conduct the sale. tives of the proposed sale.’’. and representation expenses of the Adminis- ‘‘(f) PRODUCTION ALLOCATION FOR SALE.—(1) (b) CLERICAL AMENDMENT.—The table of sec- trator of the Commission. As part of the contract for purchase of Naval tions at the beginning of such chapter is amend- (c) REPLACEMENT VEHICLES.—Funds available Petroleum Reserve Numbered 1, the purchaser of ed by inserting after the item relating to section to the Panama Canal Commission shall be avail- the interest of the United States in the reserve 7421 the following new item: able for the purchase of not to exceed 38 pas- shall agree to make up to 25 percent of the pur- senger motor vehicles built in the United States chaser’s share of annual petroleum production ‘‘7421a. Sale of Naval Petroleum Reserve Num- bered 1 (Elk Hills).’’. (including large heavy-duty vehicles to be used from the purchased lands available for sale to to transport Commission personnel across the small refiners, which do not have their own ade- SEC. 3404. STUDY REGARDING FUTURE OF NAVAL PETROLEUM RESERVES (OTHER isthmus of Panama). A vehicle may be pur- quate sources of supply of petroleum, for proc- chased with such funds only as necessary to re- essing or use only in their own refineries. None THAN NAVAL PETROLEUM RESERVE NUMBERED 1). place another passenger motor vehicle of the of the reserved production sold to small refiners Commission. may be resold in kind. The purchaser of the re- (a) STUDY REQUIRED.—The Secretary of En- serve may reduce the quantity of petroleum re- ergy shall conduct a study to determine which SEC. 3503. EXPENDITURES IN ACCORDANCE WITH OTHER LAWS. served under this subsection in the event of an of the following options regarding the naval pe- Expenditures authorized under this subtitle insufficient number of qualified bids. The seller troleum reserves represents the most cost-effec- may be made only in accordance with the Pan- of this petroleum production has the right to tive option for the United States: refuse bids that are less than the prevailing (1) Retention and operation of the naval pe- ama Canal Treaties of 1977 and any law of the market price of comparable oil. troleum reserves by the Secretary under chapter United States implementing those treaties. ‘‘(2) The purchaser of the reserve shall also 641 of title 10, United States Code. Subtitle B—Reconstitution of Commission as agree to ensure that the terms of every sale of (2) Transfer of all or a part of the naval petro- Government Corporation the purchaser’s share of annual petroleum pro- leum reserves to the jurisdiction of another Fed- SEC. 3521. SHORT TITLE. duction from the purchased lands shall be so eral agency. This subtitle may be cited as the ‘‘Panama structured as to give full and equal opportunity (3) Lease of the naval petroleum reserves. Canal Amendments Act of 1995’’. for the acquisition of petroleum by all interested (4) Sale of the interest of the United States in the naval petroleum reserves. SEC. 3522. RECONSTITUTION OF COMMISSION AS persons, including major and independent oil GOVERNMENT CORPORATION. (b) CONDUCT OF STUDY.—The Secretary shall producers and refiners alike. Section 1101 of the Panama Canal Act of 1979 ‘‘(g) MAINTAINING ELK HILLS UNIT PRODUC- retain an independent petroleum consultant to (22 U.S.C. 3611) is amended to read as follows: TION.—Until the sale of Naval Petroleum Re- conduct the study. ‘‘ESTABLISHMENT, PURPOSES, OFFICES, AND serve Numbered 1 is completed under this sec- (c) CONSIDERATIONS UNDER STUDY.—An exam- tion, the Secretary shall continue to produce the ination of the benefits to be derived by the Unit- RESIDENCE OF THE COMMISSION reserve at the maximum daily oil or gas rate ed States from the sale of the naval petroleum ‘‘SEC. 1101. (a) For the purposes of managing, from a reservoir, which will permit maximum reserves shall include an assessment and esti- operating, and maintaining the Panama Canal economic development of the reservoir consistent mate, in a manner consistent with commercial and its complementary works, installations and with sound oil field engineering practices in ac- practices, of the fair market value of the interest equipment, and of conducting operations inci- cordance with section 3 of the unit plan con- of the United States in the naval petroleum re- dent thereto, in accordance with the Panama tract. The definition of maximum efficient rate serves. An examination of the benefits to be de- Canal Treaty of 1977 and related agreements, in section 7420(6) of this title shall not apply to rived by the United States from the lease of the the Panama Canal Commission (hereinafter in the reserve. naval petroleum reserves shall consider full ex- this Act referred to as the ‘Commission’) is es- ‘‘(h) EFFECT ON EXISTING CONTRACTS.—(1) In ploration, development, and production of pe- tablished as a wholly owned government cor- the case of any contract, in effect on the effec- troleum products in the naval petroleum re- poration (as that term is used in chapter 91 of tive date, for the purchase of production from serves, with a royalty payment to the United title 31, United States Code) within the execu- any part of the United States’ share of Naval States. tive branch of the Government of the United Petroleum Reserve Numbered 1, the sale of the (d) REPORT REGARDING STUDY.—Not later States. The authority of the President with re- interest of the United States in the reserve shall than December 31, 1995, the Secretary shall sub- spect to the Commission shall be exercised be subject to the contract for a period of three mit to Congress a report describing the results of through the Secretary of Defense. months after the closing date of the sale or until the study and containing such recommendations ‘‘(b) The principal office of the Commission termination of the contract, whichever occurs as the Secretary considers necessary to imple- shall be located in the Republic of Panama in first. The term of any contract entered into after ment the most cost-effective option identified in one of the areas made available for use of the the effective date for the purchase of such pro- the study. United States under the Panama Canal Treaty duction shall not exceed the anticipated closing (e) NAVAL PETROLEUM RESERVES DEFINED.— of 1977 and related agreements, but the Commis- date for the sale of the reserve. For purposes of this section, the term ‘‘naval pe- sion may establish branch offices in such other ‘‘(2) The Secretary shall exercise the termi- troleum reserves’’ has the meaning given that places as it deems necessary or appropriate for nation procedures provided in the contract be- term in section 7420(2) of title 10, United States the conduct of its business. Within the meaning tween the United States and Bechtel Petroleum Code, except that such term does not include of the laws of the United States relating to Operation, Inc., Contract Number DE–ACO1– Naval Petroleum Reserve Numbered 1. venue in civil actions, the Commission is an in- 85FE60520 so that the contract terminates not habitant and resident of the District of Colum- later than the date of closing of the sale of TITLE XXXV—PANAMA CANAL bia and the eastern judicial district of Louisi- Naval Petroleum Reserve Numbered 1 under sub- COMMISSION ana.’’. section (c). Subtitle A—Authorization of Appropriations SEC. 3523. SUPERVISORY BOARD. ‘‘(3) The Secretary shall exercise the termi- SEC. 3501. SHORT TITLE. nation procedures provided in the unit plan Section 1102 of the Panama Canal Act of 1979 This subtitle may be cited as the ‘‘Panama contract so that the unit plan contract termi- (22 U.S.C. 3612) is amended by striking so much Canal Commission Authorization Act for Fiscal nates not later than the date of closing of the as precedes subsection (b) and inserting the fol- Year 1996’’. sale of reserve under subsection (c). lowing: ‘‘(i) EFFECT ON ANTITRUST LAWS.—Nothing in SEC. 3502. AUTHORIZATION OF EXPENDITURES. ‘‘SUPERVISORY BOARD this section shall be construed to alter the appli- (a) IN GENERAL.—Subject to subsection (b), ‘‘SEC. 1102. (a) The Commission shall be super- cation of the antitrust laws of the United States the Panama Canal Commission is authorized to vised by a Board composed of nine members, one to the purchaser of Naval Petroleum Reserve make such expenditures within the limits of of whom shall be the Secretary of Defense or an Numbered 1 or to the lands in the reserve subject funds and borrowing authority available to it in officer of the Department of Defense designated to sale under this section upon the completion of accordance with law, and to make such con- by the Secretary. Not less than five members of the sale. tracts and commitments without regard to fiscal the Board shall be nationals of the United ‘‘(j) PRESERVATION OF PRIVATE RIGHT, TITLE, year limitations, as may be necessary under the States and the remaining members of the Board AND INTEREST.—Nothing in this section shall be Panama Canal Act of 1979 (22 U.S.C. 3601 et shall be nationals of the Republic of Panama. construed to adversely affect the ownership in- seq.) for the operation, maintenance, and im- Three members of the Board who are nationals terest of any other entity having any right, title, provement of the Panama Canal for fiscal year of the United States shall hold no other office and interest in and to lands within the bound- 1996. in, and shall not be employed by, the Govern- aries of Naval Petroleum Reserve Numbered 1 (b) LIMITATIONS.—For fiscal year 1996, the ment of the United States, and shall be chosen and which are subject to the unit plan contract. Panama Canal Commission may expend from for the independent perspective they can bring June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5865 to the Commission’s affairs. Members of the ‘‘(2) construct or acquire, establish, maintain, rules of measurement or rates of tolls, as the Board who are nationals of the United States and operate docks, wharves, piers, shoreline fa- case may be. The Commission shall, however, shall cast their votes as directed by the Sec- cilities, shops, yards, marine railways, salvage publish notice of such change in the Federal retary of Defense or a designee of the Secretary and towing facilities, fuel-handling facilities, Register not less than 30 days before the effec- of Defense.’’. motor transportation facilities, power systems, tive date of the change.’’; and SEC. 3524. INTERNATIONAL ADVISORS. water systems, a telephone system, construction (3) by striking subsections (d) and (e) and re- Section 1102 of the Panama Canal Act of 1979 facilities, living quarters and other buildings, designating subsection (f) as subsection (d). (22 U.S.C. 3612) is amended by adding at the end warehouses, storehouses, a printing plant, and SEC. 3530. MISCELLANEOUS TECHNICAL AMEND- the following new subsection: manufacturing, processing, or service facilities MENTS. ‘‘(d)(1) In order to enhance the prestige of the in connection therewith, recreational facilities, The Panama Canal Act of 1979 is amended— Commission in the world shipping community and other activities, facilities, and appur- (1) in section 1205 (22 U.S.C. 3645) in the last and allow for the exchange of varied perspec- tenances necessary and appropriate for the ac- sentence by striking ‘‘appropriation’’ and in- tives between the Board and distinguished inter- complishment of the purposes of this Act; serting ‘‘fund’’; national guests in the important deliberations of ‘‘(3) use the United States mails in the same (2) in section 1303 (22 U.S.C. 3713) by striking the Commission, the Government of the United manner and under the same conditions as the ‘‘The authority of this section may not be used States and the Republic of Panama may each executive departments of the Federal Govern- for administrative expenses.’’; invite to attend meetings of the Board, as a des- ment; and (3) in section 1321(d) (22 U.S.C. 3731(d)) in the ignated international advisor to the Board, one ‘‘(4) take such actions as are necessary or ap- second sentence by striking ‘‘appropriations individual chosen for the independent perspec- propriate to carry out the powers specifically or’’; tive that individual can bring to the Commis- conferred upon it.’’. (4) in section 1401(c) (22 U.S.C. 3761(c)) by sion’s affairs, and who— SEC. 3526. CONGRESSIONAL REVIEW OF BUDGET. striking ‘‘appropriated for or’’; ‘‘(A) is not a citizen of Panama; Section 1302 of the Panama Canal Act of 1979 (5) in section 1415 (22 U.S.C. 3775) by striking ‘‘(B) does not represent any user or customer (22 U.S.C. 3712) is amended— ‘‘appropriated or’’; and of the Panama Canal, or any particular interest (1) in subsection (c)(1) by striking ‘‘and sub- (6) in section 1416 (22 U.S.C. 3776) in the third group or nation; and ject to paragraph (2)’’; sentence by striking ‘‘appropriated or’’. ‘‘(C) does not have any financial interest (2) by striking paragraph (2); SEC. 3531. CONFORMING AMENDMENT TO TITLE which could constitute an actual or apparent (3) by redesignating paragraph (3) as para- 31, UNITED STATES CODE. conflict with regard to the relationship of the graph (2); and Section 9101(3) of title 31, United States Code, individual with the Board of the Commission. (4) by amending subsection (e) to read as fol- is amended by adding at the end the following: ‘‘(2) Such designated international advisors lows: ‘‘(P) the Panama Canal Commission.’’. may be compensated by the Commission in the ‘‘(e) In accordance with section 9104 of title The CHAIRMAN. No amendments to same manner and under the same circumstances 31, United States Code, the Congress shall re- the Committee amendment in the na- as apply under subsection (b) with regard to view the annual budget of the Commission.’’. members of the Board. Such designated inter- ture of a substitute, as modified, are in SEC. 3527. AUDITS. order except amendments printed in national advisors shall have no vote on matters Section 1313 of the Panama Canal Act of 1979 pending before the Board.’’. (22 U.S.C. 3723) is amended— House Report 104–136, amendments en SEC. 3525. GENERAL AND SPECIFIC POWERS OF (1) by striking the heading for the section and bloc described in section 3 of House COMMISSION. inserting the following: Resolution 164, and amendments de- The Panama Canal Act of 1979 (22 U.S.C. 3601 ‘‘AUDITS’’; scribed in section 4 of the resolution. et seq.) is amended by inserting after section (2) in subsection (a) by striking ‘‘Financial Except as specified in section 5 of the 1102 the following new sections: transactions’’ and inserting ‘‘Subject to sub- resolution or unless otherwise specified ‘‘GENERAL POWERS OF THE COMMISSION section (d), financial transactions’’; in the report, the amendments shall be ‘‘SEC. 1102a. (a) The Commission, subject to (3) in subsection (b) in the first sentence by considered in the order printed, may be the Panama Canal Treaty of 1977 and related striking ‘‘The Comptroller General’’ and insert- agreements, and to chapter 91 of title 31, United offered only by a Member designated in ing ‘‘Subject to subsection (d), the Comptroller the report, shall be considered as read, States Code, popularly known as the Govern- General’’; and ment Corporation Control Act— (4) by adding at the end the following new shall not be subject to amendment or ‘‘(1) may adopt, alter, and use a corporate subsections: to a demand for a division of the ques- seal, which shall be judicially noticed; ‘‘(d) At the discretion of the Board provided tion, and shall be debatable for 10 min- ‘‘(2) may by action of the Board of Directors for in section 1102, the Commission may hire adopt, amend, and repeal bylaws governing the utes, equally divided and controlled by independent auditors to perform, in lieu of the conduct of its general business and the perform- the proponent and an opponent of the Comptroller General, the audit and reporting ance of the powers and duties granted to or im- amendment, except that the Chairman functions prescribed in subsections (a) and (b). posed upon it by law; and Ranking Minority Member of the ‘‘(e) In addition to auditing the financial ‘‘(3) may sue and be sued in its corporate Committee on National Security each name, except that— statements of the Commission, the independent auditor shall, in accordance with standards for may offer one pro forma amendment ‘‘(A) its amenability to suit is limited by Arti- for the purpose of further debate on cle VIII of the Panama Canal Treaty of 1977, an examination of a financial forecast estab- section 1401 of this Act, and otherwise by law; lished by the American Institute of Certified any pending amendment. ‘‘(B) an attachment, garnishment, or similar Public Accountants, examine and report on the Consideration of amendments printed process may not be issued against salaries or Commission’s financial forecast that it will be in in subpart B of part 1 of the report other moneys owed by the Commission to its em- a position to meet its financial liabilities on De- shall begin with an additional period of ployees except as provided by section 5520a of cember 31, 1999.’’. general debate confined to the subject title 5, United States Code, and section 459, 461, SEC. 3528. PRESCRIPTION OF MEASUREMENT of cooperative threat reduction with and 462 of the Social Security Act (42 U.S.C. 659, RULES AND RATES OF TOLLS. Section 1601 of the Panama Canal Act of 1979 the former Soviet Union. That period 661, 662), or as otherwise specifically authorized of debate shall not exceed 30 minutes, by the laws of the United States; and (22 U.S.C. 3791) is amended to read as follows: ‘‘(C) it is exempt from the payment of interest ‘‘PRESCRIPTION OF MEASUREMENT RULES AND equally divided and controlled by the on claims and judgments; RATES OF TOLLS Chairman and Ranking Minority Mem- ‘‘(4) may enter into contracts, leases, agree- ‘‘SEC. 1601. The Commission may, subject to ber. ments, or other transactions; and the provisions of this Act, prescribe and from Consideration of amendments printed ‘‘(5) may determine the character of, and ne- time to time change— in subpart D of part 1 of the report cessity for, its obligations and expenditures and ‘‘(1) the rules for the measurement of vessels shall begin with an additional period of the manner in which they shall be incurred, al- for the Panama Canal; and general debate which shall be confined lowed, and paid, and may incur, allow, and pay ‘‘(2) the tolls that shall be levied for use of the to the subject of ballistic missile de- them, subject to pertinent provisions of law gen- Panama Canal.’’. fense. That period of debate shall not erally applicable to Government corporations. SEC. 3529. PROCEDURES FOR CHANGES IN RULES ‘‘(b) The Commission shall have the priority of OF MEASUREMENT AND RATES OF exceed 60 minutes, equally divided and the Government of the United States in the pay- TOLLS. controlled by the Chairman and Rank- ment of debts out of bankrupt estates. Section 1604 of the Panama Canal Act of 1979 ing Minority Member. ‘‘SPECIFIC POWERS OF COMMISSION (22 U.S.C. 3794) is amended— It shall be in order at any time for ‘‘SEC. 1102b. (a) Subject to the Panama Canal (1) in subsection (a) in the first sentence by the Chairman of the Committee on Na- Treaty of 1977 and related agreements, and to striking ‘‘1601(a)’’ and inserting ‘‘1601’’; tional Security or his designee to offer chapter 91 of title 31, United States Code, popu- (2) by amending subsection (c) to read as fol- larly known as the Government Corporation lows: amendments en bloc consisting of Control Act, the Commission may— ‘‘(c) After the proceedings have been con- amendments printed in part 2 of the re- ‘‘(1) manage, operate, and maintain the Pan- ducted pursuant to subsections (a) and (b) of port or germane modifications of any ama Canal; this section, the Commission may change the such amendment. H 5866 CONGRESSIONAL RECORD — HOUSE June 13, 1995 Amendments en bloc shall be consid- The Chair will then recognize the gen- However, the Committee has serious ered as read (except that modifications tleman from California [Mr. DORNAN] concerns about certain-on-going Rus- shall be reported) shall be debatable for to offer amendment No. 1 in subpart B sian activities that would seem to be 20 minutes equally divided and con- of part 1. inconsistent with an improved political trolled by the Chairman and Ranking The chair now recognizes the gen- relationship. Mr. Dornan plans to offer Minority Member, shall not be subject tleman from South Carolina. an amendment that would prohibit ob- to amendment, and shall not be subject Mr. SPENCE. Mr. Chairman, I yield ligation of Nunn-Lugar funds, not cut to a demand for a division of the ques- myself such time as I may consume. them, until the President certifies that tion. (Mr. SPENCE asked and was given the Russian offensive biological weap- The original proponent of an amend- permission to revise and extend his re- ons program has been terminated. I ment included in amendments en bloc marks.) support the Dornan amendment as an may insert a statement in the CON- Mr. SPENCE. Mr. Chairman, the Na- important expression of concern about GRESSIONAL RECORD immediately be- tional Security Committee was driven on-going Russian programs involving fore disposition of the amendments en by two objectives in its review of the weapons of mass destruction. I urge a bloc. Cooperative Threat Reduction (or strong ‘‘yes’’ vote. It shall be in order for the gentleman ‘‘Nunn-Lugar’’) program. First, the By contrast, the Hamilton amend- from Pennsylvania [Mr. CLINGER], with committee sought to promote and fully ment would substantially weaken the the concurrence of the gentlewoman fund the core objectives and activities standards that proposed recipient from Illinois [Mrs. COLLINS], to offer of the program—the accelerated dis- countries must meet in order to be eli- amendment No. 1 printed in subpart C mantlement and destruction of strate- gible to receive Nunn-Lugar assistance. of part 1 of the report in a modified gic forces of the former Soviet Union H.R. 1530 sought to tighten those form that is germane to the form print- and the nonproliferation of weapons of standards to ensure that Russia and ed in the report. mass destruction. other recipient countries are meeting After disposition of all other amend- The committee-reported bill ap- certain minimum eligibility standards, ments, it shall be in order at any time proved the budget request for these such as complying with arms control for the chairman of the Committee on types of projects, with two exceptions. agreements and respecting the rights National Security or his designee to First, the Committee denied funds for of minorities. Therefore, I urge a ‘‘no’’ offer an amendment not printed in the construction of a multi-billion dollar vote on the Hamilton amendment. report to reconcile spending levels re- chemical weapons destruction facility b flected in the bill with the correspond- and a fissile material storage facility, 1800 ing level reflected in a conference re- because, as noted in a recent General Mr. Chairman, I reserve the balance port to accompany a concurrent resolu- Accounting Office [GAO] report, these of my time. tion on the budget for fiscal year 1996. projects are ill-defined and involve out- Mr. DELLUMS. Mr. Chairman, I That amendment shall be considered standing issues that ought to be re- yield 1 minute to the distinguished as read, shall be debatable for 10 min- solved prior to the obligation of scarce gentleman from Texas [Mr. STENHOLM]. utes, equally divided and controlled by defense dollars and perhaps more fun- Mr. STENHOLM. Mr. Chairman, I the chairman and ranking minority damentally, the taxpayers’ money. rise today to urge my colleagues to member or their designees, shall not be And second, the Committee did not continue to support the Nunn-Lugar subject to amendment, and shall not be fund the $40 million requested by the program that is helping to dismantle subject to a demand for division of the Administration to support defense con- Russian nuclear weapons. question. version in Russia and elsewhere. Even While I have had concerns about how The Chairman of the Committee of if conversion in Russia is feasible, some of the funds were spent in this the Whole may postpone until a time which is a debateable proposition, such program, I believe that the National during further consideration in the activities more appropriately fall into Security Committee bill has more Committee of the Whole a request for a the category of either foreign aid or properly constrained the program to recorded vote on any amendment made economic assistance and should not be those areas most directly connected to in order by the resolution. the funding responsibility of the De- dismantling weapons. Money would not The Chairman of the Committee of fense Department. be spent on programs that I believe are the Whole may reduce to not less than Furthermore, the GAO report raised extraneous to the central mission of 5 minutes the time for voting by elec- concerns that Nunn-Lugar conversion Nunn-Lugar—which is to destroy and tronic device on any postponed ques- activities may be hindering privatiza- end the threat of Russian nuclear tion that immeditely follows another tion in the former Soviet Union by sub- weapons. vote by electronic device without in- sidizing state-run military enterprises. This amendment that we will con- tervening business, provided that the If so, this result would be in direct con- sider that would prevent this program time for voting by electronic device on tradiction to the defense Department’s from going forward is not in the best the first in any series of questions shall assertions that Nunn-Lugar defense interest of our national security. Sec- not be less than 15 minutes. conversion activities have enhanced retary Perry has made this program The Chairman of the Committee of Russia’s prospects for longer-term eco- one of his highest priorities—precisely the Whole may recognize for consider- nomic reform. because it literally removes the threat ation of amendments made in order by The Committee’s second objective posed by these Russian nuclear weap- the resolution out of the order in which was to enhance Congressional over- ons. The Nunn-Lugar program are a they are printed, but not sooner than 1 sight of DoD’s progress in carrying out small price to pay to protect the U.S. hour after the chairman or a designee these projects. H.R. 1530 calls for an an- and our NATO allies from the threat announces from the floor a request to nual accounting of U.S. Nunn-Lugar posed by these weapons of mass de- that effect. aid delivered to the former Soviet struction. The request to consider amendments Union, and requires prior notification We should not cut off our nose to Nos. 1 and 2 printed in subpart B of of the obligation of such funds. Cer- spite our face. Let the President con- part 1 of House Report 104–136 prior to tainly it is not unreasonable to expect tinue to help the Russians live up to amendment No. 1 in subpart A of part to know where and how these funds, their pledge to end their biological and 1 was made at the beginning of general once approved, will be spent. chemical weapons programs. debate. In all, I believe the Committee’s rec- I urge my colleagues to support the Therefore, it is now in order to de- ommended authorization of $200 mil- committee position on Nunn-Lugar and bate the subject matter of cooperative lion for Cooperative Threat Reduction to reject any killer amendment that threat reduction with the former So- accomplishes the twin objectives of ag- will stop us from dismantling Russian viet Union. The gentleman from South gressively promoting ‘‘core’’ dis- nuclear weapons. Carolina [Mr. SPENCE] and the gen- mantlement activities and simulta- Mr. SPENCE. Mr. Chairman, I yield tleman from California [Mr. DELLUMS] neously improving Congressional over- the remainder of my time to the gen- will each be recognized for 15 minutes. sight of Nunn-Lugar programs. tleman from Pennsylvania [Mr. June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5867

WELDON], and I ask unanimous consent Nunn-Lugar Program. It would provide out what a close run thing that was, that he be allowed to control that that no Nunn-Lugar funds could be ob- according to my sources, who are the time. ligated or expended for programs or ac- key people that directed the rescue, The CHAIRMAN pro tempore (Mr. tivities with Russia unless and until but before the last time I spoke on this LAHOOD). Is there objection to the re- the United States President certifies floor, I spent an hour upstairs in the quest of the gentleman from South that Russia has terminated its offen- Permanent Select Committee on Carolina? sive biological weapons program. The Intelligence’s secret cleared rooms get- There was no objection. administration strongly opposes the ting a briefing from intelligence com- Mr. WELDON of Pennsylvania. Mr. amendment, and I believe so should munity people on the Soviets’ serious Chairman, I yield 2 minutes to the dis- this House. efforts in chemical warfare. tinguished gentleman from California Proponents argue that the Russians New report just out a week ago, [Mr. HUNTER]. may be continuing to implement their available to all Members: Their work Mr. HUNTER. Mr. Chairman, I want offensive biological weapons programs. on biological warfare, super plagues, to thank the gentleman from Penn- This will compel the Russians to aban- using the Marburg and Ebola viruses, sylvania [Mr. WELDON] for giving me don this work. Proponents argue that if anthrax, smallpox, bubonic plague, ac- some time. they do not abandon this work, they tive programs. Any Member can have a Mr. Chairman, this is a very ticklish should not be engaged in the coopera- team of intelligence community people subject and a very ticklish issue that tive threat reduction program. come to their office, without sweeping requires a lot of balance. This is the The cooperative threat reduction their office, and get a secret briefing on money that we send to the Soviet program is a central element of U.S. this. A lot of Members have been here Union and the aid we send to the So- national security policy, Mr. Chair- 10 or 20 years and are not aware of viet Union for the purpose that rises in man. The effort to secure the destruc- that. I learned that when I was a fresh- this Congress of helping the Soviet tion of Russian nuclear warheads man, before I was in the Permanent Se- Union to dismantle and basically move should not be halted because of a more lect Committee on Intelligence. the loaded guns that they have aimed exotic and much less threat posed by a Get briefed. I am not engaging in at America’s cities and America’s mili- biological weapons program, much less one-upmanship here, saying you must tary installations away from the tar- the possibility of such a program. This trust me and those of us on the Perma- get, and ultimately to unload those would be very much a case of cutting nent Select Committee on Intelligence. guns and take the bullets apart; that off our nose to spite our face. Here is a book, non-secret, open to any is, do away with the intercontinental The point here is very obvious: The American, the Chemical and Biological ballistic missiles aimed at the United dismantling of nuclear weapons is an Warfare Threat. It is a comprehensive, States and dismantle those missiles. imperative unto itself, and it should powerfully written body of work here. I Now, this is tough and it requires a not be coupled with biological weapons only have three copies, first come first lot of balancing, and I think it requires which should also be cut. President served. I would love to give them to some very close scrutiny. The reason it Yeltsin has pledged to end the program somebody if I though they would study requires close scrutiny in balancing is and is taking steps to do so. Because of it over the next hour and it would because the Soviet Union, at the same the uncertainties of his success in change their vote. time that they are dismantling a num- achieving that goal immediately, the Look at this article that is going to ber of their weapons as a result of their President would not be able to issue a be on the back of the pass-out that I arms accord with us, with the United certification that the Russians indeed will circulate around. I have hundreds States, they are also pursuing mod- have terminated the program, despite of them over here. This is 21 days ago ernization programs for new nuclear the fact they are at least in the process on a GAO report, March 18: Russia uses weapons. The last thing the United of terminating the program. The Dor- Pentagon funds in constructing nuclear States wants to be involved in doing is nan amendment is an additional ele- weapons with our money. They have inadvertently giving money to the So- ment that will kill the program of dis- only spent $177 million out of a billion viet Union not to get rid of the old mantling nuclear weapons because of and a quarter. The State Department is stuff, but to build new stuff, new weap- the President’s inability to certify that going to add 90 million to this. ons aimed at the United States. the Russian Government’s efforts are This is real money. This is real We know at least in theory, that for immediately successfully. money we are talking about here. This every dollar you give the Soviet Union, The original certification language is money carved out of modernization if they have a requirement under their in the Nunn-Lugar program was bipar- weapons programs under Mr. HUNTER, treaties to dismantle a certain number tisan in nature. It recognized how com- research and development under Mr. of weapons, which they in fact have plex the enterprise would be, and its WELDON, installations under Mr. under the arms control treaties nego- importance warranted a degree of flexi- HEFLEY, personnel raises that are not tiated over the last 10 years, and they bility in the certification process. The there this year under my chairmanship do not have to use that dollar in dis- committee bill already further con- of the Subcommittee on Military Per- mantling the weapons, those dollars, strains that process. We do not need to sonnel, and under readiness, under Mr. which are very dear and scarce in the kill the program under the guise of im- BATEMAN, money that we could use to Soviet Union, can then be turned to- provement. I urge a no vote on the Dor- keep our men and women battle ready. ward modernizing and building new nan amendment. This is serious money we are talking weapons. Mr. Chairman, I reserve the balance about here, and these things should be Because of that, the committee of my time. certified before your tax dollars are thought it was prudent to cut about Mr. WELDON of Pennsylvania. Mr. spent in what remains of the Evil Em- $171 million out of the President’s re- Chairman, I yield 2 minutes to the gen- pire. Deception, and more deception. quest. I think we have done the right tleman from California [Mr. DORNAN], Mr. DELLUMS. Mr. Chairman, I thing, and I think the message to the the distinguished chairman of the Sub- yield 5 minutes to my distinguished administration is you had better give committee on Military Personnel. colleague, the gentleman from South us more oversight or we are going to (Mr. DORNAN asked and was given Carolina [Mr. SPRATT]. cut more next year. permission to revise and extend his re- (Mr. SPRATT asked and was given Mr. DELLUMS. Mr. Chairman, I marks.) permission to revise and extend his re- yield myself 2 minutes. Mr. DORNAN. Mr. Chairman, I will marks.) Mr. Chairman, I rise in support of the return, of course, to discuss this in Mr. SPRATT. Mr. Chairman, I thank robust operation of the Nunn-Lugar greater department when my own the gentleman for yielding. program that dismantles Russian nu- amendment comes up after general de- Mr. Chairman, I oppose the Dornan clear weapons and in strong opposition bate here, but I did want to point out amendment because the Dornan to the Dornan amendment. That that in addition to a 45 minute briefing amendment would in effect wipe out amendment, in this gentleman’s opin- on the rescue of Captain Scott what is a very good program, a biparti- ion, is a killer amendment to the O’Grady, and wait until America finds san program, Nunn-Lugar. I would be H 5868 CONGRESSIONAL RECORD — HOUSE June 13, 1995 the first to admit that Nunn-Lugar can going somewhere else, bending their (Mr. TIAHRT asked and was given be improved, but this amendment be- talents to the use of some other coun- permission to revise and extend his re- fore us just goes too far. It throws out try which might have policies that are marks.) every baby with the bath water. intense and hostile to us, instead of Mr. TIAHRT. Mr. Chairman, I think Nunn-Lugar has three major objec- using them to build weapons against us what Nunn-Lugar does is an admirable tives: First, to destroy weapons of in the former Soviet Union, 8,200 weap- idea. I approach it with cautious sup- mass destruction, nuclear, chemical, ons scientists are employed in civilian port. biological, that belong to the Soviet research at a very favorable exchange We do want to make sure that we Union; second, to prevent the prolifera- rate for our money. have a safe environment, that we have tion of the components of these weap- Personally, I would give Nunn-Lugar, a safe world, that we have a reduction ons, nuclear materials and missile based on that report card, a solid B in the threat over in Russia. But we guidance devices after they have been plus. Maybe because it was slow to get also have an obligation to the Amer- dismantled and before they are de- out of the starting blocks, a little bit ican people, even though we have an stroyed; and, three, to prevent the di- slow to pick up speed, momentum, we admirable goal, we have to make sure version of scientists and engineers who would give it a solid B, but no less than that we get a dollar’s worth of threat made these weapons to other countries that. And on certain important tests, it reduction for a dollar’s worth of tax. where they could make them again and has literally aced out. It has achieved We have this article that the gen- use them against us. its intended purposes. tleman from California [Mr. DORNAN] Nobody can dispute those objectives. For example, it has denuclearized referred to that mentioned, it was in Nobody can claim that those are not Kazakhstan, and Ukraine and Belarus the Washington Times, it mentions worthy objectives. And this must be will be denuclearized. There will be no that the Pentagon funds possibly are made clear, Nunn-Lugar is not a hand- weapons, nuclear weapons in those going for the construction of new out for the benefit of Russia, Belarus three countries by the end of next sum- nukes. There was a GAO audit that it or Kazakhstan. This is a program mer, which is an extraordinary was based on. I have that audit, GAO which is in our best interests as well as achievement by any yardstick. If we do audit, here with me. That is why I am theirs. Has it worked? That is a key not stop this program, three of the four a little cautious because we are spend- question. nuclear weapons states of the former ing money, $200 million, to make sure I have a report card from the Penta- Soviet Union will have no nuclear that our world is more safe. And they gon, and this is how they would grade weapons by the end of next summer. Do do need our help. But are they taking it. First of all, Nunn-Lugar has helped we want to stop that kind of progress? this money and are they doing away remove more than 2,800 warheads from This program may not grade well on with their environmental waste or are chemical and biological weapons. I un- missiles in the former Soviet Union, they doing away with actual weapons derstand and share the frustration of 2,800 warheads have been removed from of mass destruction? the gentleman from California [Mr. missiles in the former Soviet Union. Is there something going to help DORNAN] in that respect. I do not blame About 1,800 of these warheads were on clean up their environment, or are we him there in the least. The former So- missiles in the Ukraine, Belarus and actually cutting up weapons as we just viet Union is not doing nearly enough. Kazakhstan. All of the Kazakhstan saw in the pictures before? But his amendment, if I can continue warheads have been removed and re- I am a coauthor of the Dornan-Tiahrt the metaphor, would expel, if you will, turned to Russia. Ukrainian and amendment because I think we need to the whole Nunn-Lugar program for Belarusian warheads will be returned have some verification. Are they in poor grades in this particular area on fact doing what they say they are? by the end of next summer. That is sig- biological and chemical weapons, and nificant process: 2,800 warheads, 1,800 of Right now, according to the GAO, we this is shortsighted for the reasons just cannot go in and audit them. We do not these have been removed. mentioned. know if we are getting a dollar’s worth Nunn-Lugar has also helped destroy Why slow down the efforts to get nu- of threat reduction for a dollar’s worth 630 strategic launchers and bombers, clear warheads out of Ukraine and deactivated another 1,000 bombers in Belarus because of the sins of Russia? of tax. Can you imagine how mad, how the Ukraine and Kazakhstan, all of this Why stop what is a fundamentally ex- angry U.S. taxpayers are going to be, in our interests. traordinary program in those two sitting at their kitchen table if, in fact, Third, Nunn-Lugar partly funded the countries because of disagreement with the Russian government is creating transportation of 600 kilograms of Russia on chemical and biological weapons of mass destruction instead of highly enriched uranium, enough to weapons? Second, why stop disman- reducing them with this money that we make at least 20 weapons, from tling nuclear weapons in Russia be- are sending them. We need a common- Kazakhstan to safe storage in this cause progress on other weapons is not sense approach to this, and that is why country at Oak Ridge, TN. all yet that it can be? I am cosponsoring the Dornan-Tiahrt Fourth, Nunn-Lugar is constructing I have here some photographs that I amendment so that we can go in and a plutonium storage facility in Tomsk, would invite everyone to take note of, verify that we are in fact reducing this Siberia. That has been one of the earli- photographic evidence of what is tak- threat. est objectives of it. From the outset we ing place. It just gives a little graphic Mr. SPRATT. Mr. Chairman, I yield 2 said we want to not only dismantle emphasis. minutes to the gentleman from Indiana these weapons and remove them from Here is a missile, an SS–19 being re- [Mr. HAMILTON]. the silos, we want to get them under moved from a silo with Nunn-Lugar Mr. HAMILTON. Mr. Chairman, I tight control where they can be ac- money. Here is a bomber being cut up thank the gentleman for yielding time counted for in a facility built specifi- with a chain saw, the equivalent of it, to me. cally for that purpose. Nunn-Lugar money. Here is another. I speak in opposition to the Dornan And here is Secretary Perry standing amendment. I am well aware, of course, b 1815 with a Russian officer looking at a silo that it is well-intentioned, but I do be- It has taken some time to get off the where a weapon has been removed, lieve it harms U.S. national security. ground. A facility built to store pluto- about to be dismantled and destroyed. I think we have to be very clear nium components, the pits, that comes Let us not stop this program because about the impact of the Dornan amend- out of warheads, critically important of our disagreement with the Russians ment. It ends the Nunn-Lugar program components that we do not want to es- over their chemical and biological pro- to destroy Russian missiles and silos. cape the Soviet Union. That facility is gram. Let us vote against this Dornan All of us agree that the Russians could finally under way in Tomsk, Siberia. amendment. give us better performance and infor- For goodness sake, we do not want to Mr. WELDON of Pennsylvania. Mr. mation about the biological weapons stop that. Chairman, I yield 2 minutes to the gen- program. But the Dornan amendment Fifth, Nunn-Lugar has helped employ tleman from Kansas, [Mr. TIAHRT], one will stop U.S. support for nuclear weap- 8,200 weapons scientists and engineers of the coauthors of an amendment that ons destruction and the fissile material in civilian research projects. Instead of will be coming up in a few moments. safety programs in Russia. We should June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5869 not let the best outcome, which is per- States expended a great deal of re- In fact, I have been personally in- fect information from the Russians on sources to confront the Soviet Union in volved in supporting two specific pro- all weapon programs, shut down a very central Europe, and across the world. grams, $10 million of money being used good program. And Nunn-Lugar is a We now have the unique opportunity to in Murmansk to help the Russians put very good program. work with our former adversary to re- together a process to dispose of their It has helped remove 2,825 warheads duce the threat posed by weapons cre- spent nuclear fuel and their nuclear from missiles, removed 1,785 warheads ated during this period. waste. A terrible problem that we are from Ukraine, Belarus and Kazakhstan, The United States in cooperation working with them on. It is working, removed 70 missiles from launchers, re- with the government’s of Russia, the and our investment I think is a wise turned 75 missiles to Russia, deacti- Ukraine, Kazakstan, and Belarus have one. vated 1,000 strategic bombers, de- already made progress in moving to a A second project is helping to con- stroyed 630 missiles, denuclearized more secure future through arms re- vert the Baltic shipyard where the Kazakhstan, and it will denuclearize ductions and the safeguarding of nu- Kirov class of ships were built into an Ukraine and Belarus by mid-1996. So clear materials. environmental mediation center. Nunn-Lugar reduces the threat to the This program is a pragmatic response Mr. Chairman, what this amendment United States. It provides cheap and ef- to developments in Russia. It allows does is it says that, before we put one fective missile defense. It helps the the United States to work with the more dime of money in, the Russians United States monitor Russian inten- Russians in areas of mutual benefit, should meet us halfway. We are talk- tions and capabilities, and it is very while hedging against any reversal in ing, Mr. Chairman, about biological cheap, costing less than 1/10ths of 1 per- the reforms now underway. weapons. It seems to me in the past 9 cent of the defense budget. The mere pledge of this funding was years I have heard Member after Mem- So Nunn-Lugar keeps us engaged in a motivating factoring in the Ukraine’s ber on the other side of the aisle say we working with the Russians in support decision to return their nuclear weap- have got to stop the proliferation of bi- of U.S. national security goals, and I ons to Russia for safeguarding and de- ological weapons. And certainly if we believe that the Dornan amendment struction. In a similar vain, funds have are putting money in, we should be stops a program that helps dismantle been used to provide equipment and doing that. Russian nuclear missiles and warheads. training necessary for the destruction That is what this amendment does. The Dornan amendment, in my judg- of strategic nuclear delivery vehicles Now, one of our colleagues on the other ment, harms U.S. national security. I and facilities. A prime example of the side, from South Carolina, said that we urge a no vote on it. result of this program has been the de- have done so many positive things, and Mr. WELDON of Pennsylvania. Mr. struction of Russian Bear bombers. he said that we have removed war- The treat of the dispersal of nuclear Chairman, may I inquire as to the time heads. But what he did not say is that materials is at the top of most every- remaining? we have destroyed warheads. Because ones list of concerns. We know of sev- The CHAIRMAN. The gentleman my colleague knows full well that we eral arrests in Europe that have alleg- do not have one ounce of documenta- from Pennsylvania, [Mr. WELDON] has edly involved the attempted sale of nu- tion that even one warhead has been 41⁄2 minutes remaining, and the gen- clear materials from the former Soviet tleman from South Carolina [Mr. destroyed, not one ounce of docu- Union. Currently, materials control, mentation, because the Russians will SPRATT] has 4 minutes remaining. accountability and physical protection Mr. WELDON of Pennsylvania. I not allow us to observe the destruction practices in Russia are rudimentary at yield 1 minute to the distinguished of any warheads. best. The Cooperative Threat Reduc- So, Mr. Chairman, let us be realistic gentleman from Wisconsin [Mr. NEU- tion Program includes efforts to rectify about what is going on. Sure, there MANN]. this situation. have been positive strides made, and Mr. NEUMANN. Mr. Chairman, I rise There is plenty of work left to be sure we should continue the effort of to support the Dornan amendment as I done. This program is in the forefront dismantling launchers and other sup- would support virtually any amend- of our post-cold-war defense strategy port material in line with the photo- ment that stops or slows the flow of and should receive the support of each graphs we saw here. United States tax dollars to Russia. of my colleagues. b The defense authorization bill that we Mr. WELDON of Pennsylvania. Mr. 1830 are currently considering allows the Chairman, I yield myself the balance of However, let us not put a cloud over expenditure of $6 million to continue my time. the eyes of the American people. We the design of a facility for storage of The CHAIRMAN. The gentleman are saying that we will continue to fissile material in Russia. Let me from Pennsylvania [Mr. WELDON], is fund the Russians in their effort to dis- translate that to English for the Amer- recognized for 31⁄2 minutes. mantle their nuclear arsenal. We will ican taxpayer. We are authorizing (Mr. WELDON of Pennsylvania asked continue to help clean up Ukraine and funds to design a storage facility for and was given permission to revise and Uzbekistan, Kazakhstan, Belarus, ‘‘but parts, components of nuclear warheads extend his remarks.) we will do it when you certify to us that are going to be stored in Russia on Mr. WELDON of Pennsylvania. Mr. that you were not building biological a long-term basis. Chairman, let us recap this debate. weapons that threaten the security of To me it makes no sense whatsoever First of all, this is not about ending peace-loving people around the world.’’ that we should take tax dollars from the Nunn-Lugar program. Also, we are fencing the money, America and spend it in Russia to de- Second of all, let me explain from my which means the President can certify sign a storage facility to house fissile perspective, as someone who for the to us that that in fact is no longer tak- materials or components for future nu- past 20 years has focused on Soviet- ing place. Mr. Chairman, I think the clear warheads. I strongly support the American issues, who currently average taxpayer back in our districts Dornan amendment because it will cochairs two caucuses in this Congress would support this kind of amendment. slow the flow of United States tax dol- working to enhance business opportu- I, as one, who supports business ven- lars to Russia. nities in the area of energy and oil and tures in Russia, who speaks the lan- Mr. SPRATT. Mr. Chairman, I yield 2 gas as well as the environmental is- guage and travels over there fre- minutes to the gentleman from Massa- sues, working with Nikoli Vorontsov, a quently, want to see us continue to chusetts [Mr. MEEHAN]. member of Russian Duma on environ- support a stabilized Russia. However, Mr. MEEHAN. Mr. Chairman, I rise mental concern and working with the we have to do it with our eyes open. I in support of the Cooperative Threat gentleman from Texas, [Mr. LAUGHLIN], think the Dornan-Tiahrt amendment Reduction Program. This bi-partisan and Members of this Congress on help- allows us to do that. I would encourage inspired initiative has leveraged our ing projects like the Sakhalin project, our colleagues, when the amendment defense spending by reducing a variety a $10 billion investment of western comes up, to vote ‘‘aye.’’ of threats that eminate from the money in Siberia, we are not about Mr. SPRATT. Mr. Chairman, could States of the former Soviet Union. ending help in the case of the Russians the Chair advise me how much time re- Throughout the cold war the United dismantling their nuclear weapons. mains on our side? H 5870 CONGRESSIONAL RECORD — HOUSE June 13, 1995 The CHAIRMAN. The gentleman recognized for 5 minutes for the minor- offered by the gentleman from Califor- from South Carolina [Mr. SPRATT] has ity. nia [Mr. DORNAN] to condition the ex- 2 minutes remaining. The Chair recognizes the gentleman penditure of funds for the Nunn-Lugar Mr. SPRATT. Mr. Chairman, I yield from California [Mr. DORNAN]. program. myself the balance of our time. Mr. DORNAN. Mr. Chairman, I rise to Mr. Chairman, it is one thing to re- Mr. Chairman, this amendment be- defend the Dornan-Tiahrt amendment. duce offensive chemical and biological gins with a legitimate grievance, as the I will be working one of the doors, as weapons in the Russian arsenal. I agree gentleman has just stated. We are not we say in the colloquial expression with the gentleman from California satisfied with all the Russians are around here, with my confederates on that we need to do that, and would be doing and should be doing to end and all 3, 4, 5 doors, to pass this out during pleased to work with him on that goal. get rid of their chemical and biological the vote. Here is the essence of my However, it seems to me to be the weapons program. ‘‘Dear Colleague.’’ This is from excel- height of folly to condition the However, having begun with that lent reporting by reporter Bill Gertz progress of another successful program premise, it moves to the wrong conclu- just a few weeks ago in the Washington that protects American citizens from sion. It, in effect, says we should pun- Times. It was also heavily covered Russian missiles on our ability to ish ourselves and the Russians at the around the world. achieve the goal the gentleman sets same time. Why is that? Because if we A defector who is now public, Vladi- forth. stop the Nunn-Lugar program, due to mir Pasechnik, on Soviet active offen- To cut off your nose to spite your the fact that we are dissatisfied with sive biological weapons programs, says face is the phrase my friend and col- their progress in stopping their chemi- this: ‘‘Russia continues to invest in bi- league, the gentleman from South cal-biological program, then we will ological weapons.’’ I said earlier what Carolina [Mr. SPRATT] has just used. He stop ourselves from achieving a highly they are, the Marburg Ebola virus, the is right. As he also described earlier, significant goal, the removal of all nu- plain Ebola virus, bubonic plague, an- Nunn-Lugar has reduced the threat of clear weapons from Kazakhstan and thrax. During the worst days of the evil Russian missiles, missiles formerly Belarus by next summer. empire, there were some open press targeted at the United States and our I think the gentleman who just stories of putting it maybe into ICBMs, Western allies. spoke, the gentleman from Pennsylva- aerosoled, to be used as city-killers. We need to remember that the great- nia [Mr. WELDON], my good friend, In 1993, according to this scientist, he est beneficiary of the Nunn-Lugar pro- would agree that is a worthy objective. revealed that the Soviet Union and gram is the United States, not Russia, That is an objective that serves our na- Russia had violated the 1972 biological but the United States. To halt tional security interests. Why do we weapons convention, and by the way, progress, by means of this amendment, want to cut off our noses to spite our after 20 years they admitted that they on reducing the threat represented by face? Can we actually say that the violated all of that for 20 years, thanks the remaining missiles and warheads is weapons are being dismantled, that the to an honest statement on the part of to put our citizens, American citizens, warheads are being dismantled? We President Yeltsin. That convention at risk. will take a step closer to being satis- outlawed the development or produc- Mr. Chairman, both Nunn-Lugar and fied of that fact. tion of bacteriological weapons by con- the gentleman from California [Mr. Once we have completed the facility tinuing to produce them. DORNAN], the author of this amend- in Tomsk that we have finally begun to ‘‘Pasechnik had recently served in an ment, set laudable goals. However, to fund, finally broken ground upon, using organization known as biopreparat, condition one of the other is to risk Nunn-Lugar money, and if we stop the with about 400 other scientists working both, to risk reducing the nuclear money now, we put that facility, which on genetic engineering of germ weap- threat and to risk overcoming the is a critical component, towards cer- onry. He claimed Russia had developed threat of chemical and biological weap- tification and verification in jeopardy. a super plague that would kill half the ons. Reject the Dornan amendment. I simply say, in trying to punish the population of a city in a week,’’ as in Mr. DORNAN. Mr. Chairman, I yield Russians, we are punishing the the beginning of Hot Zone, which I 30 seconds to the gentleman from Kan- Kazakhstanis, we are functioning the have confirmed from scientists is accu- sas [Mr. TIAHRT], the cosponsor of the Belarusans, and we are punishing our- rate, turned into the bestseller ‘‘Out- amendment. selves, and that does not make sense. break,’’, slowly painfully retching up (Mr. TIAHRT asked and was given The CHAIRMAN. It is now in order to all of your innards. permission to revise and extend his re- consider amendment No. 1 printed in Former CIA Director Robert Gates marks.) subpart B of part 1 of the report. testified in 1993 that the agency be- Mr. TIAHRT. Mr. Chairman, I rise in AMENDMENT OFFERED BY MR. DORNAN lieves the Russian military is continu- support of the Dornan-Tiahrt amend- Mr. DORNAN. Mr. Chairman, I offer ing to work clandestinely on illegal bi- ment for very obvious reasons. I am an amendment. ological weapons without the knowl- really surprised that Members would The CHAIRMAN. The Clerk will des- edge of Russian civilian leaders. oppose such an amendment. What we ignate the amendment. Mr. Chairman, I want to reserve the are doing is verifying that Russia is The text of the amendment is as fol- rest of my time to let some of my other getting rid of their biological weapons. lows: colleagues, starting with the gen- We just want verification. We just tleman from Kansas [Mr. TIAHRT], want to know that when we spend a Amendment offered by DORNAN: At the end of title XI (page 383, after line speak. We are not ending the program, dollar’s worth of tax, that we get a dol- 9), insert the following new section: Lugar-Nunn. We are not taking away lar’s worth of threat reduction. SEC. 1108. LIMITATION ON COOPERATIVE funds. We are fencing the money, a I do not see how they could betray THREAT REDUCTION PROGRAM RE- word learned in this Chamber during the U.S. taxpayers and oppose this, be- LATING TO OFFENSIVE BIOLOGICAL the Nicaraguan debate, where the good cause what we are doing is verifying WEAPONS PROGRAM IN RUSSIA. guys won, we are fencing it to get cer- that their hard-earned money is going None of the funds appropriated pursuant to the authorization in section 301 for Coopera- tification that this utter diabolical to reduce the threat, to make a safer tive Threat Reduction programs may be obli- madness is coming to an end. world for them, and if we do not do gated or expended for programs or activities Mr. Chairman, I reserve the balance that, then we are just wasting this with Russia unless and until the President of my time. money. It could have been wasted, ac- submits to Congress a certification in writ- Mr. SPRATT. Mr. Chairman, I yield 2 cording to the GAO report. I think it is ing that Russia has terminated its offensive minutes to the gentlewoman from Cali- time we put some common sense into biological weapons program. fornia [Ms. HARMAN]. Nunn-Lugar. The CHAIRMAN. Pursuant to the (Ms. HARMAN asked and was given Mr. Chairman, I rise today in strong support rule, the gentleman from California permission to revise and extend her re- of the Dornan-Tiahrt amendment to the Coop- [Mr. DORNAN] will be recognized for 5 marks.) erative Threat Reduction Program. minutes, and the gentleman from Ms. HARMAN. Mr. Chairman, I rise The Cooperative Threat Reduction Program, South Carolina [Mr. SPRATT], will be in strong opposition to the amendment or CTR, is funded through the Pentagon in an June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5871 attempt to help finance the dismantling of the least we want verification that the Response. We believe that the Depart- former Soviet Union's nuclear arsenal. How- money is being spent in a manner that ment’s comments stem from a misunder- ever a recent General Accounting Office report we expect it to be spent, and accom- standing of the purpose of our report. Our re- plish the purpose that we are expecting port focused on the material impact of CTR [GAO] shows that this money is being used to projects over the past year in addressing the fund the work of Russian scientists who are to be accomplished. threats posed by former Soviet weapons of spending at least part of their time developing At this point in time, the United mass destruction and on the prospects for new and more menacing Russian missiles and States has no guarantee and no ver- such effects in the future. nuclear and chemical arms. ification that it is getting the job done Point 2. DOD stated that we had underesti- After reading the GAO report and recent that we are spending the money on. I mated the role of the material assistance press accounts, I requested that the House rise in support of this amendment, so provided and stated examples to support its National Security Committee hold oversight we can at least receive verification as comment. Specifically, DOD asserted that we failed to acknowledge the benefits of de- hearings on the Cooperative Threat Reduction to what is happening. livered CTR assistance including support Program, also known as the Nunn-Lugar pro- PARLIAMENTARY INQUIRY equipment to Ukraine and armored protec- gram. We must be absolutely sure that this Mr. DORNAN. Mr. Chairman, I have a tive blankets to Russia. DOD further stated money is being used properly, and I look for- parliamentary inquiry. that Russia is ‘‘today’’ using U.S.-supplied ward to these hearings. The CHAIRMAN. The gentleman will guillotine shears to cut up heavy bombers. I strongly urge my colleagues to support this state it. Response. We stated in our report that amendment, the Dornan-Tiahrt amendment, Mr. DORNAN. Am I allowed, as the without CTR assistance Ukraine could not which requires the President to certify that the dismantle its nuclear weapons and that Rus- author of this great amendment, to go sian officials told us that Russia has used Russian offensive biological weapons program last, Mr. Chairman? the armored blankets to protect warheads has been terminated. The CHAIRMAN. No, the gentleman being withdrawn from Ukraine. The guillo- The CTR was cut drastically in the National from South Carolina [Mr. SPRATT] has tine shears have not yet been used and are Security Committee. $171 million was cut from the right to close. not expected to be used until July 1995. a $371 million administration request. Our Mr. DORNAN. That is all right, Mr. Point 3. DOD stated that numerous tan- amendment does not cut CTR funding below Chairman, because I am going to close gible reductions in the threat to the United the Committee recommendation of $200 mil- with 60 percent of the five chairmen States have been achieved ‘‘through a com- bination of leverage provided by the CTR lion, it just makes a simple request which we under the gentleman from South Caro- program and direct material assistance.’’ think addresses a world-wide humanitarian lina [Mr. SPENCE] who is also for this For example, DOD states that missiles con- concern. bill. taining 2.825 warheads have been deactivated This amendment puts a restriction on any Mr. Chairman, I yield 30 seconds to and that approximately 630 strategic launch- additional CTR money going to the former So- the gentleman from Pennsylvania [Mr. ers and bombers have been eliminated since viet Union, unless Russia terminates her of- WELDON], chairman of the Subcommit- the Soviet collapse. fensive biological weapons program. It's a tee on Military Research and Develop- Response. The examples that DOD provides simple and fair request. Actually, it doesn't in support of this statement do not distin- ment of the Committee on National Se- guish between reductions that may be attrib- matter how fair it is. Russia should end its bio- curity. uted to political impacts since the Soviet logical weapons program now, and we should (Mr. WELDON of Pennsylvania asked Union’s collapse in December 1991 and those use the CTR money in a way that makes this and was given permission to revise and that have resulted from the delivery of CTR happen. extend his remarks.) aid. Although claiming that 2.825 warheads The GAO report included many potential Mr. WELDON of Pennsylvania. Mr. had been deactivated, DOD does not indicate problems with the CTR program. Chairman, in summary, I would say how many of these were deactivated through Moscow is refusing to permit audits of U.S. once again, we are talking about a the direct use of CTR assistance—assistance that only began arriving in mid-1993. DOD funds paid under the program. General Accounting Office report in as- The purpose of the program, to reduce the claims that 630 strategic launchers and sessing how successful this program bombers have been eliminated since the So- threat of nuclear weapons proliferation, and has been. I am not one standing here viet collapse, yet Russia had eliminated improve control over nuclear materials, is not saying we should do away with the pro- more than 400 of these by July 1994—before being realized. gram. To the contrary, I have been sup- receiving CTR delivery vehicle elimination In fact the report says that CTR money portive of elements of Nunn-Lugar, and assistance. might even be going to enhance Russian nu- have spoken in favor of it. Point 4. DOD’s comments imply that every clear and chemical arms capabilities. What we are saying to the taxpayers missile and every warhead deactivated in the The National Defense Authorization Act as former Soviet Union since December 1991 can is that ‘‘If we are going to send more of be attributed to the CTR program. reported out by committee made a responsible your dollars into Russia, we certainly Response. While making such claims, DOD cut in the administration's request for the Co- do not want any of that money to be does not provide a clear accounting as to operative Threat Reduction Program, and I used to build more biological weapons how and to what extent CTR hardware had support that reduction, and applaud the chair- that can be used against us or our been used by the FSU states to eliminate a man's work. This amendment simply ensures troops.’’ specific number of systems. Although we that Russia's offensive biological weapons Mr. Chairman, who could oppose asked DOD officials to provide support for the material impact of CTR assistance in program will be terminated. that? Some might argue, like the administration dismantling specific numbers of systems, Mr. Chairman, I include for the they have not done so. Officials recently in- does, that CTR money only goes to dismantle RECORD a document which is an update formed us that it may be impossible to deter- the former Soviet Union's nuclear arsenal. If on reducing the threat from the mine this impact in terms of specific num- that is true, they should have no problem with Former Soviet Union, and an article by bers of systems. this amendment. It's time for Russia to termi- Bill Gertz. Point 5. The Department of Defense ob- nate this program in good faith, and for the The document and article referred to jected to our matter for congressional con- President to certify its termination, in order to are as follows: sideration that Congress may wish to con- sider reducing the CTR program’s fiscal year ensure that CTR funds are used for their in- SUMMARY OF GAO’S RESPONSES TO DEPART- tended purpose; to control weapons of mass 1996 request for $104 million for support to MENT OF DEFENSE COMMENTS IN OUR RECENT Russian chemical weapons destruction ef- destruction, not proliferate them. REPORT, WEAPONS OF MASS DESTRUCTION: forts by about $34 million because of uncer- Mr. DORNAN. Mr. Chairman, I yield REDUCING THE THREAT FROM THE FORMER tainties regarding the expenditure. DOD also 30 seconds to the fighting freshman, SOVIET UNION; AN UPDATE (GAO/NSIAD–95– asserted that we were incorrect in stating the gentleman from Jonesville, WI, Mr. 165) that the United States and Russia had not MARK NEUMANN. Point 1. The Department of Defense ob- yet agreed upon a technology for destroying Mr. NEUMANN. Mr. Chairman, I jected to our finding that the material im- chemical weapons. have a big concern that the American pact of the CTR program has been limited to Response. However, as DOD indicates in its taxpayers would not want to spend date. DOD stated that we overlooked the comments, Russia has selected a technology program’s political impact and leverage in that the United States would not have rec- their money in Russia for this purpose, insuring that former Soviet states undertake ommended—an unproven technology the period. However, if we do decide to weapons elimination programs and in obtain- United States is now attempting to validate. spend United States taxpayer money in ing agreements from Belarus, Kazakhstan, Unlike the U.S. preferred incineration proc- Russia for this purpose, at the very and Ukraine to become non-nuclear states. ess, the Russian technology has no record of H 5872 CONGRESSIONAL RECORD — HOUSE June 13, 1995 performance outside the laboratory, and the Activities of the International Science and Pentagon officials could not be reached for Russians have not provided sufficient data to Technology Center in Moscow, funded with comment on the GAO report. allay U.S. concerns about the technology’s $21 million of Pentagon money, raised the Mr. DORNAN. Mr. Speaker, may I in- technical and cost uncertainties. most concerns among the GAO investigators, Point 6. DOD cites that progress has been who studied the program from January to quire of my worthy colleague, the gen- made in CTR projects that are improving May. tleman from South Carolina, [Mr. protection of nuclear material that presents Despite Pentagon claims that only SPRATT], if he has more than one a proliferation risk, including the lab-to-lab ‘‘former’’ nuclear weapons scientists are re- speaker left? program for improving material protection ceiving U.S. money to discourage them from Mr. SPRATT. I would tell the gen- in Russia. emigrating, ‘‘we found that scientists receiv- tleman I am it, Mr. Chairman. ing center funds may continue to be em- Response. This comment overstates the Mr. DORNAN. Mr. Chairman, this impact of fiscal year 1995 CTR funds on the ployed by institutes engaged in weapons lab-to-lab program. This Department of En- work,’’ the report states. fighter pilot will take over for that ergy (DOE) program has successfully com- ‘‘Recipients of two center grants at three paratrooper, the gentleman from Cali- pleted a project to upgrade physical protec- different institutes told us that they had fornia, Mr. DUNCAN HUNTER. tion of approximately 100 kilograms of high- been involved in nuclear weapons testing and Mr. Chairman, I yield myself my re- ly enriched uranium at the Kurchatov Insti- nerve agent research,’’ the report stated. The GAO auditors also discovered that sci- maining time. tute in Moscow. However, the project was Mr. Chairman, the gentleman from completed in February 1995 using DOE funds entists paid by the center are not employed South Carolina [Mr. SPENCE], and all 5 as fiscal year 1995 CTR funds for the lab-to- full time and ‘‘may spend part of their time lab program were not transferred to DOE working on Russian weapons of mass de- chairmen of the committee support the until April 1995. struction,’’ the report stated. Dornan-Tiahrt amendment. Mr. Chair- Scientists are allowed to work at Russian Point 7. DOD points to Project Sapphire man, I will be passing out the GAO re- weapons laboratories while receiving U.S. (the removal of HEU from Kazakhstan) as a funds, and in some cases only 10 percent of port at the doors during the debate. CTR project. their time is spent at the center, ‘‘raising This is consistent with the committee Response. Project Sapphire was not a CTR the prospect that they could spend the re- position requiring presidential certifi- project. It was an executive branch project mainder of their time on their institutes’ cation of all the Russian arms control. funded by the Departments of State, Energy, work on weapons of mass destruction,’’ the and Defense. Some CTR funds were used to We will be back next year to do this report said. pay for DOD’s portion of the project. on chemical warfare. We just want to The GAO study follows a report that Rus- Point 8. DOD claims that the CTR defense make sure that biological weapons pro- sia is continuing to build newer nuclear conversion program should receive high arms. Russian Nuclear Energy Minister grams have been terminated. The good marks from GAO for accelerating from start- Viktor Mikhailov said last year that a new Russian people, the reformers, want up to 15 active projects in a little more than generation of nuclear weapons could be de- this type of tough legislation, and it a year. veloped by the year 2000 unless military nu- Response. Although DOD has accelerated does not, repeat, not, cut Nunn-Lugar clear research was stopped. the start-up of 15 projects, we believe that it funding below the committee rec- Moscow also unveiled its new strategic is too early to judge the success of these ommendation. The gentleman from Ar- missile in December called the RS–12M projects. izona [Mr. STUMP] wants a yes, and so ‘‘Topol,’’ a follow-on version of the SS–25 Point 9. DOD claims that its defense con- mobile ICBM. does the gentleman from South Caro- version efforts reduce the threat from weap- U.S. officials told the GAO that the center lina [Mr. SPENCE]. ons of mass destruction. ‘‘is intended to help prevent proliferation Mr. SPRATT. Mr. Chairman, I would Response. We found that most of the de- . . . rather than preclude scientists from fense conversion efforts are converting dor- ask, do I have 2 minutes remaining? working on Russian weapons of mass de- The CHAIRMAN. The gentleman mant facilities that produced weapons relat- struction,’’ the report stated, noting that the from South Carolina [Mr. SPRATT] has ed items. center prohibits the use of its funds for Point 10. Although there have been some weapons-related work. 3 minutes remaining. inconsistencies in references in DOD docu- Another problem with the center, accord- Mr. SPRATT. Mr. Chairman, I would ments, DOD generally describes the recipi- ing to the GAO, is that it is ‘‘creating dual- like to state once again that the gen- ents of International Science and Tech- use items’’ with both civilian and military tleman begins with a premise that I do nology Center (ISTC) grants as ‘‘former So- applications. For example, a special commer- not contest. I do not know to what ex- viet’’ weapons scientists. cial camera under development by the center Response. DOD’s assertion that the recipi- tent we give validity to it, but we will can be used in nuclear testing and could be stipulate for purposes of this argument ents are ‘‘former Soviet’’ weapons scientists exported, according to the GAO. is incorrect. DOD often—in testimony, budg- Officials in charge of the center told the that Russia is not doing all they should et submissions, and briefing documents— GAO they could monitor its projects ‘‘only be doing in terminating, bringing to an used the terminology ‘‘former’’ weapons sci- intermittently’’ instead of quarterly, as they end, their CBW, chemical-biological entists or scientists formerly involved in a would prefer. weapons program. No contest there. weapons program. Next year the State Department will take The issue here is, Mr. Chairman, what [From the Washington Times] over funding the center from the Pentagon do we do about it. and plans to spend $90 million more over the RUSSIA USES PENTAGON FUNDS IN The proposal before us in the Dornan CONSTRUCTING NEW NUKES next seven years. Congress has approved the use of $1.25 bil- amendment would say ‘‘Let us take the (By Bill Gertz) lion for the Nunn-Lugar program for fiscal Nunn-Lugar money,’’ a program that Pentagon funds aimed at reducing the 1992 through 1995. In addition, $735 million has been slow to start, but now gather- threat of nuclear war are instead being used has been requested for the next two years. ing momentum and showing real re- to pay Russian scientists still at work on nu- Republicans in Congress, however, plan to clear and chemical arms, according to a sults, ‘‘Let us take it and stop it,’’ as a cut the program substantially and limit the punitive measure towards the Russians draft report by Congress’ General Account- funds to weapons dismantling, congressional ing Office (GAO). sources said. The House National Security until we can get certification from the The GAO report also states that Moscow is Committee will complete work on its version President that they are doing every- refusing to permit audits of U.S. funds paid of the fiscal 1996 defense authorization bill thing they can and should be doing to under the so-called Nunn-Lugar threat-re- tomorrow. terminate this program.’’ Here is what duction program, named after sponsoring Out of about $1.2 billion the Pentagon has is wrong with that. Sens. Sam Nunn, Georgia Democrat, and notified Congress it will spend in the former This program, the Nunn-Lugar pro- Richard G. Lugar, Indiana Republican. Soviet nuclear states, only $177 million has The report concludes that the U.S. aid pro- been spent, mostly on weapons being disman- gram, sometimes called the Coopera- gram, currently funded at about $1.25 billion, tled under the START treaty, the Moscow tive Threat Reduction Program, has has produced little in the way of reducing center and nuclear railcar security, accord- taken thus far all nuclear weapons out the threat of weapons proliferation or im- ing to the GAO. of the State of Kazakhstan, as of the proving control over nuclear materials. Despite agreements that permit audits of end of April. By the end of next sum- Instead, it indicates U.S. funds may be en- how U.S. funds are spent, ‘‘none have been mer, 1996, it will have removed, deacti- hancing some Russian nuclear and chemical conducted in Russia and Ukraine’’ because of vated and removed, all nuclear weap- arms capabilities. government objections there, the report ons out of Ukraine and Belarus. When Most funds for converting defense plants to stated. One was conducted in Belarus, it civilian production are being used by Mos- said. the FSU, the former Soviet Union, or cow to reactivate dormant weapons facili- A report to Congress required by law on the Soviet Union dissolved, there sud- ties, according to the May 18 report. the according of U.S. aid is four months late. denly appeared on the world stage 4 June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5873 new nuclear powers, or 3 nuclear pow- The CHAIRMAN. The question is on Whitfield Young (AK) Zimmer Wicker Young (FL) ers, in place of or in addition to the one the amendment offered by the gen- Wolf Zeliff former Soviet Union. Now we will go tleman from California [Mr. DORNAN]. back to having just one. 2,800 missiles The question was taken; and the NOES—180 have been removed so far. 750 have been Chairman announced that the ayes ap- Abercrombie Gonzalez Olver Ackerman Gordon Ortiz removed from their launchers. peared to have it. Baesler Green Orton b 1845 RECORDED VOTE Baldacci Gutierrez Owens Mr. SPRATT. Mr. Chairman, I de- Barrett (WI) Hall (OH) Pallone We are building a storage facility in Becerra Hamilton Pastor mand a recorded vote. Tomsk, Siberia, using the money for Beilenson Harman Payne (NJ) A recorded vote was ordered. Bentsen Hastings (FL) Payne (VA) the Nunn-Lugar program. It has taken Bereuter Hefner Pelosi 3 to 4 years to get this building off the The vote was taken by electronic de- Berman Hilliard Peterson (FL) ground. We have finally broken ground vice, and there were—ayes 244, noes 180, Bevill Hinchey Peterson (MN) not voting 10, as follows: Bilbray Holden Petri for it. Bonior Houghton Pickett What does it provide? An opportunity [Roll No. 369] Borski Hoyer Pomeroy to properly store plutonium pits, criti- AYES—244 Brewster Jackson-Lee Poshard Brown (CA) Jefferson Rangel cal components in any nuclear weapon, Allard Fox Meyers Brown (FL) Johnson (SD) Reed Andrews Franks (CT) and once they are stored there, they Mica Brown (OH) Johnson, E. B. Reynolds Archer Frisa have strict verification and account- Miller (FL) Bryant (TX) Johnston Richardson Armey Funderburk Molinari Bunn Kanjorski Rivers ability of those. Bachus Gallegly Montgomery Cardin Kaptur Rose Baker (LA) Ganske Finally, and this is not the least sig- Moorhead Chapman Kennedy (MA) Roth Ballenger Gekas nificant by any means, we have used Myers Clay Kennedy (RI) Roybal-Allard Barcia Geren Nethercutt Clayton Kennelly Rush Nunn-Lugar money to create an inter- Barr Gilchrest Neumann Clement Kildee Sabo national science and technology center Barrett (NE) Gillmor Ney Clyburn Klink Sanders Bartlett Gilman where former weapons scientists, nu- Norwood Coleman LaFalce Sawyer Barton Goodlatte clear scientists, and conventional Nussle Collins (IL) Lantos Schroeder Bass Goodling Oxley Collins (MI) Levin Schumer weapons scientists are able to work in Bateman Goss Packard Conyers Lewis (GA) Scott Bilirakis Graham non-military programs. If we stop the Parker Costello Lipinski Serrano Bishop Greenwood money, those scientists will now divert Paxon Coyne Lofgren Shays Bliley Gunderson Pombo DeLauro Lowey Sisisky their attention and their efforts in Blute Gutknecht Porter Dellums Luther Skaggs Russia and elsewhere, becoming poten- Boehlert Hall (TX) Portman Dicks Maloney Slaughter Boehner Hancock tial proliferators themselves. Pryce Dingell Manton Spratt Bonilla Hansen Why would we want to stop all of Quillen Dixon Markey Stark Bono Hastert Quinn Doggett Martinez Stenholm these things which are in our interest? Browder Hastings (WA) Radanovich Dooley Mascara Stokes Why do we want to hurt ourselves, un- Brownback Hayes Rahall Doyle Matsui Studds Bryant (TN) Hayworth dercut our own national security in Ramstad Durbin McCarthy Tanner Bunning Hefley order to strike back at the Russians? Regula Edwards McDermott Tejeda Burr Heineman Riggs Engel McHale Thompson Why do we want to punish the Burton Herger Roberts Eshoo McKinney Thornton Buyer Hilleary Kazakhstani, the Ukrainians, and the Roemer Evans Meehan Torres Callahan Hobson Belarussians for something the Rus- Rogers Farr Meek Torricelli Calvert Hoekstra Rohrabacher Fattah Mfume Towns sians may be doing wrong with respect Camp Hoke Ros-Lehtinen Fazio Miller (CA) Tucker to their CBW program? Canady Horn Roukema Fields (LA) Mineta Velazquez Castle Hostettler I share the gentleman’s concern Royce Filner Minge Vento Chabot Hunter about their CBW program, but he is Salmon Flake Mink Visclosky Chambliss Hutchinson Sanford Foglietta Moakley Volkmer going about the punitive reaction to it Chenoweth Hyde Saxton Ford Mollohan Ward Christensen Inglis in the wrong way. Scarborough Frank (MA) Moran Waters Chrysler Istook Vote to keep Nunn-Lugar intact. Schaefer Franks (NJ) Morella Watt (NC) Clinger Jacobs Vote against the Dornan amendment. Schiff Frelinghuysen Murtha Waxman Coble Johnson (CT) Seastrand Frost Nadler Wise Mr. BEREUTER. Mr. Chairman, this Mem- Coburn Johnson, Sam Sensenbrenner Furse Neal Woolsey Collins (GA) Jones ber cannot understand the reason why my col- Shadegg Gejdenson Oberstar Wyden Combest Kasich leagues and good friends, the gentleman from Shaw Gibbons Obey Wynn Condit Kelly Shuster California [Mr. DORNAN] and the gentleman Cooley Kim Skeen NOT VOTING—10 from Kansas [Mr. TIAHRT] would offer an Cox King Skelton Baker (CA) Kleczka Wilson Cramer Kingston Smith (MI) amendment to fiscally fence off the Nunn- Boucher Myrick Crane Klug Smith (NJ) Yates Davis White Lugar funds which are used to reduce the Crapo Knollenberg Smith (TX) Gephardt Williams Russian nuclear weapons threat against the Cremeans Kolbe Smith (WA) United States. It is in our national interest that Cubin LaHood Solomon b 1905 these nuclear weapons be reduced. There Cunningham Largent Souder Danner Latham Spence Mr. SHAYS changed his vote from certainly are reasons for the United States and de la Garza LaTourette Stearns the world to be concerned about Russian Deal Laughlin Stockman ‘‘aye’’ to ‘‘no.’’ chemical and biological weapons programs DeFazio Lazio Stump Mr. KING, Mrs. THURMAN, and Mr. and stockpiles, and we must use every pro- DeLay Leach Stupak CRAMER changed their vote from Deutsch Lewis (CA) Talent ‘‘no’’ to ‘‘aye.’’ ductive means to reduce and eliminate them. Diaz-Balart Lewis (KY) Tate But linking these American efforts to the Dickey Lightfoot Tauzin So the amendment was agreed to. Nunn-Lugar program is indeed the absolutely Doolittle Lincoln Taylor (MS) The result of the vote was announced Dornan Linder Taylor (NC) as above recorded. wrong and harmful linkageÐharmful to the Dreier Livingston Thomas United States. Duncan LoBiondo Thornberry The CHAIRMAN. The Chair has been Mr. Chairman, adopting the Dornan-Tiahrt Dunn Longley Thurman made aware that the gentleman from amendment is indeed cutting off our nose to Ehlers Lucas Tiahrt Indiana [Mr. HAMILTON] will not offer Ehrlich Manzullo Torkildsen his amendment. Therefore, it is now in spite our face. The motive and concerns of Emerson Martini Traficant our two colleagues offering the amendment English McCollum Upton order to consider amendment No. 1, are very appropriate, but their amendment Ensign McCrery Vucanovich printed in subpart A of part 1 of the re- Everett McDade Waldholtz port. couldn't be more dangerously wrong. There Ewing McHugh Walker are several other United States funding pro- Fawell McInnis Walsh (Ms. FURSE asked and was given per- grams for aiding Russia which could be used Fields (TX) McIntosh Wamp mission to speak out of order.) as leverage or linkage to show our very legiti- Flanagan McKeon Watts (OK) PERSONAL EXPLANATION Foley McNulty Weldon (FL) mate concerns about Russian biological and Forbes Menendez Weldon (PA) Ms. FURSE. Mr. Chairman, due to chemical programs and stockpiles. Fowler Metcalf Weller personal family matters on Thursday H 5874 CONGRESSIONAL RECORD — HOUSE June 13, 1995 last, I was unable to cast a vote on B–2 bombers that ultimately is a pro- Why is it that distinguished and rollcall 366. I would like the RECORD to gram for 20 additional? Question one: Is learned people have said we do not need reflect that had I been present I would it because the Pentagon wants it? The to go down this road? The gentleman have voted ‘‘no.’’ answer is ‘‘no.’’ The Secretary of De- from Ohio and this gentleman are sim- AMENDMENT OFFERED BY MR. KASICH fense, the Chair of the Joint Chiefs of ply saying, in conclusion, save the Mr. KASICH. Mr. Chairman, I offer Staff, and an independent study done American taxpayers the $19.7 billion it an amendment. by the Institute for Defense Analysis costs to buy and equip this plane, the The CHAIRMAN. The Clerk will des- and the Role and Mission Commission $11.8 billion it costs to operate and ignate the amendment. study all said the following: ‘‘No, we maintain this plane. The text of the amendment is as fol- don’t need it. No, we don’t want it, and, Let us take the $550 million, take it lows: yes, there are alternatives.’’ out of this budget where it is wasteful, Amendment offered by Mr. KASICH: Strike Second question: Do we need this unnecessary and dangerous, and place out section 141 (page 21, lines 2 through 15) bomber for the purposes of safety? In- it to reduce the deficit. and insert in lieu thereof the following: teresting. The study done by the Insti- For those of you who have been argu- SEC. 141. LIMITATION ON AIRCRAFT PROCURE- tute for Defense Analysis drew the fol- ing pain and human misery across the MENT FUNDING. lowing conclusion: that if we took pre- panorama of American interest in the The amount provided in section 103 for pro- cision guided munitions, those smart country, you ought to be willing to curement of aircraft for the Air Force is weapons that the American people saw join us on the basis of integrity, on the hereby reduced by $553,000,000. None of the on C–SPAN when we were engaged in basis of dignity and on the basis of amount appropriated pursuant to authoriza- tion of appropriations in section 103 may be the war in the Persian Gulf, that if we honest analysis. You do not need this obligated for procurement of long-lead items expanded that inventory by 200 per- plane, but we certainly do need the for procurement of B–2 aircraft beyond the 20 cent, that we would reduce the aircraft money. deployable aircraft and one test aircraft au- lost in our inventory by 40 percent. Mr. Chairman, I reserve the balance thorized by law before the date of the enact- They went further and said, ‘‘And if of my time. ment of this Act. you spend the money to build 20 more Mr. SPENCE. Mr. Chairman, I yield The CHAIRMAN. Pursuant to the B–2’s, you reduce the aircraft loss by 8 myself such time as I may consume. rule, the gentleman from Ohio [Mr. KA- percent.’’ (Mr. SPENCE asked and was given SICH] and a Member opposed, the gen- So if it is a question of safety, you do permission to revise and extend his re- tleman from South Carolina [Mr. not spend $31.5 billion building a cold marks.) SPENCE], will each be recognized for 30 war relic, Mr. Chairman, because the Mr. SPENCE. Mr. Chairman, I ask minutes. precision guided munitions put more the House if I might apologize for mak- The Chair recognizes the gentleman munitions on the target at less risk be- ing a personal comment at this time. form Ohio [Mr. KASICH]. cause you are not flying over the tar- But I would not be able to take part Mr. KASICH. Mr. Chairman, I ask get, you are standing off, and at cheap- in these discussions, indeed I would not unanimous consent that my time be di- er cost. be alive if it were not for the fact, as vided equally with my cosponsor, the I would remind my colleagues that many of your know, I received a double gentleman from California [Mr. DEL- all of them have been debating budget lung transplant a few years ago, and LUMS], and that he be permitted to con- balance and deficit reduction. the mother of the young man whose trol that time. The third argument, Mr. Chairman, lungs I have is presently in my office The CHAIRMAN. Is there objection is this: Is this for national security visiting with me for the first time, and to the request of the gentleman from needs? Remember, colleagues, the B–2 I just wanted to pay respect to her. Ohio? bomber was designed in the context of Mr. Chairman, I rise in support of the There was no objection. the cold war. It was designed to do one committee-recommended position on The CHAIRMAN. The gentleman thing: fly over the Soviet Union and the B–2 stealth bomber and in opposi- from California [Mr. DELLUMS] will be drop nuclear weapons one time and get tion to the amendment offered by my recognized for 15 minutes and the gen- the hell out. colleagues, Mr. KASICH and Mr. DEL- tleman from Ohio [Mr. KASICH] will be This is not the cold war. I hope we LUMS. recognized for 15 minutes. have moved beyond the insanity of con- The committee arrived at its position Mr. SPENCE. Mr. Chairman, I yield templating nuclear war so we want to endorsing the option of additional B–2’s for the purposes of debate 15 minutes fix this weapons system up for a con- after receiving testimony from senior to the gentleman from Missouri [Mr. ventional approach, but we already military officials regarding U.S. bomb- SKELTON], and I ask unanimous con- have 20 of them. er capabilities and long-term plans. sent he be permitted to control that This is a subsonic plane. You may First, we were told that the current time. not see it on radar because it is bomber force structure of approxi- The CHAIRMAN. Is there objection stealthy, but no one said it was not mately 100 aircraft is well below the to the request of the gentleman from vulnerable. You can see this weapon in number required to carry out the na- South Carolina? the daytime. It probably only will fly tional military strategy. There was no objection. at night. Second, we learned that the Depart- The CHAIRMAN. The gentleman Secondly, if you fly it, it only has ment’s plan to ‘‘swing’’ bombers be- from Missouri [Mr. SKELTON] will be one purpose: to be there for the first tween regional conflicts is untested recognized for 15 minutes, and the gen- few hours, the first couple days. It is and risky. Frankly, it is unworkable. tleman from South Carolina [Mr. not designed to fly around a theater And, third, due to the on-going clo- SPENCE] will be recognized for 15 min- forever. It flies in and gets out after it sure of the B–2 production line, we utes. suppresses air defenses. We have F– learned that we must act now if we Mr. DELLUMS Mr. Chairman, in 117’s that also have that capability. We wish to preserve the option to build order to begin this debate, I yield my- have wild weasel missiles that can also more B–2’s beyond the 20 combat-capa- self 5 minutes. search out and destroy. ble aircraft already approved by the Mr. Chairman, this is an important Mr. Chairman, we do not need to go Congress. debate. down a $31.5 billion road, because the Halting production of the B–2 now, Pentagon does not want it, because it after spending billions to develop this b 1915 is not there for safety, it is an expen- revolutionary aircraft, makes neither The bill that comes to us contains sive weapon, it is not necessary for na- military nor economic sense. Procuring $553 million to begin a journey that tional security. additional B–2 bombers is admittedly will ultimately cost the taxpayers $31.5 So why do we have it? Because we are an expensive proposition. Maintaining billion. going to generate employment? We can America’s technological cutting-edge The question is why, why do we need generate thousands of jobs with $31.5 superiority is never cheap. However, as to put in excess of $500 million in this billion. We can enhance the quality of seven former Secretaries of Defense bill to begin long lead for 2 additional our lives with $31.5 billion. stated in their January 4, 1995 letter to June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5875 the President, ‘‘The B–2 * * * remains compelled to consider our ability to how much money this decision is going the most cost-effective means of rap- initiate military operations from to cost the U.S. taxpayer. According to idly projecting force over great dis- American soil. The B–2’s long-range ca- conservative U.S. Air Force estimates, tances. Its range will enable it to reach pabilities make this necessity a re- 20 more B–2’s would cost an additional any point on earth within hours after ality. $19.7 billion, and $11.8 billion in a 20- launch. * * * Its payload and array of From a technical standpoint, the B–2 year operational cost. This adds up to munitions will permit it to destroy nu- represents an unparalleled achieve- $31.5 billion total. merous time-sensitive targets in a sin- ment. There is no money planned in any- gle sortie. And perhaps most impor- In the past, we augmented our fight- one’s budget to pay for the out-year tantly, its low-observable characteris- ing forces with an entire battalion of costs that will be forced by this deci- tics will allow it to reach intended tar- escorts, radar jammers, and suppres- sion. The only way we will be able to gets without fear of interception.’’ sors. afford the planes will be either by tak- The administration’s opposition to ‘‘The B–2,’’ noted Air Force Chief of ing a major step backwards in deficit additional B–2’s, which has manifested Staff General Merrill A. McPeak, ‘‘of- reduction or by squeezing out programs itself in the recent ‘‘bomber study,’’ is fers a much more satisfying and ele- that have been given a higher priority inconsistent with real world oper- gant solution: avoid detection, and tip by the military, such as the F–22, de- ational requirements. We ought to heed the scales back in favor of flexibility stroyers, tilt rotor aircraft and preci- the advice of seven distinguished and and offensive punch.’’ sion guided munitions and so forth. bipartisan Secretaries of Defense and In light of our renewed commitment Witnesses on behalf of the Air Force, continue low-rate production of the B– to fiscal responsibility and deficit re- both in civilian leadership and mem- 2. It is not an inexpensive proposition— duction, some have questioned our bers of the uniformed operational but it may cost us more in the long run ability to continue investing in this ranks, have repeatedly testified that if we do not seize this opportunity program. We are right to re-assess our they do not want to purchase any more today. priorities, and subject the defense B–2’s. Mr. Chairman, I reserve the balance budget to the same careful scrutiny we An independent cost-effectiveness of my time. bring to other segments of the federal analysis by Air Force bomber pro- Mr. SKELTON. Mr. Chairman, I yield budget. grams, conducted by the Institute for myself such time as I may consume. But, for the sake of short-term fiscal Defense Analysis, concluded that Mr. Chairman, this body through the expediency, we should not sacrifice our money would be better spent on preci- years has made many important deci- long-term national security interests. sion guided munitions and conven- sions. It has sent signals throughout The B–2 program is the capstone of a tional mission upgrades of B–1 bomb- the world by its vote. $45 billion dollar investment. ers. In 1939, this Chamber voted against a If we back track now, we will under- Let me address this issue of this $5 million appropriation for the harbor cut this nation’s advanced technology study. Paul Kaminsky, undersecretary in Guam. The empire of Japan took base and risk tying our hands in the of defense for acquisition and tech- that as a signal that we would not de- event of future conflict. nology, said the results of the 6-month- fend the Pacific. The fair-minded Commission on long IDA study do not make the case What kind of a message would we Roles and Missions—assessing the need for buying more B–2’s. Instead, they send if we do not produce and continue for continued investment in the B–2 point to a much greater cost effective- producing at least 2 B–2 bombers which program in a preliminary report— ness that can be derived from advanced are the state-of-the-art weapons sys- warned against just such a short-sight- and accurate weapons to leverage not tems? ed approach. This is a very significant decision. It only the bombers but the rest of our The Report states: ‘‘. . . the B–2 will is one that we must take very seriously tactical forces. likely be in service for 40 to 50 years. It and one that we must understand will Computer modeling and simulation is not possible to predict what require- make a great deal of difference in de- has shown doubling the current inven- ments will exist that far in the future terrence and in conflict, heaven forbid, tory of precision accurate weapons at a and we are concerned that tomorrow’s should that come. cost of $13 billion would result in a 60 commanders should not be deprived of Mr. Chairman, I yield 2 minutes to percent decrease in aircraft losses in adequate numbers of bombers because the gentleman from California [Mr. comparison to 8 percent fewer losses of a decision made today without the FAZIO]. with the B–2. Mr. FAZIO of California. Mr. Chair- most careful deliberation.’’ Clearly, additional investment in man, I rise in opposition to the Del- Finally, Mr. Chairman, I would like precision weapons is exponentially lums-Kasich amendment to the defense to point out that the B–2 represents a more effective and significantly less authorization bill, and I urge my col- way for us to leverage our resources. costly than B–2’s. leagues to support continued funding Just one B–2 bomber, at a cost of $1.1 These studies show additional B–2’s for the B–2 Stealth bomber. billion can pack the same punch as a result in a big cost increase for bomber We live in uncertain times. Although much larger current conventional forces and a tiny performance increase. we cannot predict the course of inter- force—some estimates suggest a force The IDA study was not flawed. It did national events, we can ensure that we as large as 75 aircraft. address a no warning scenario, and the have, at our disposal, the resources to We need to benefit from the invest- Roles and Missions Commission inde- protect our vital, national security in- ment already made in the B–2. Defeat pendently reviewed and agreed with terests. the Dellums-Kasich amendment. the study. Recent events in Bosnia provide just Mr. KASICH. Mr. Chairman, I yield 3 Mr. Chairman, I strongly advise my one example of our continued need to minutes to the gentleman from Iowa colleagues to vote for the Kasich maintain a flexible, advanced fighting [Mr. GANSKE]. amendment. Mr. GANSKE. Mr. Chairman, the force. b 1930 The B–2 Stealth bomber is an inte- House Committee on National Security gral component of the fighting force of leadership added $553 million for the Mr. STUMP. Mr. Chairman, I yield 2 the future—the tactical component of long lead procurement of 2 new B–2 minutes to the gentlewoman from our commitment to military ‘‘readi- bombers, piercing the cap of 20 B–2’s in Washington [Ms. DUNN]. ness.’’ current law. These 2 planes would be Ms. DUNN of Washington. Mr. Chair- But it is more than that. purchased at a cost and a rate that is man, I rise this evening to discuss with With the aid of a revolutionary de- part of a 20-plane proposal which would my colleagues the importance of long- sign, the B–2 is ready to strike for free- lead to a total of 40 B–2’s. range bombers to our Nation’s security dom at a moments notice, across vast While there will be, no doubt, a cer- now and in the future. For 40 years the distances, with deadly accuracy. tain amount of debate of how much United States relied on forward deploy- And, as we bring our troops home this investment strategy will cost, the ment, the placement of large forces on from forward bases overseas, we are only figure that is truly relevant is bases around the world, outposts, if my H 5876 CONGRESSIONAL RECORD — HOUSE June 13, 1995 colleagues will, for the defense of free- to pay its 31 billion dollar pricetag, lieve that the B–2 bomber is the right dom. when the dread of a corporate welfare pro- weapon for the expected war fighting With the decline in defense spending gram, contingencies of the next century. and the withdrawal of our forces from A flying Bat-winged bomber whose cost per Mr. Chairman, its utility has already overseas bases, the United States now pound, Is that of gold, puzzles the mind been demonstrated. The number of any must rely on smaller military forces And makes us rather keep those bombers aircraft required to deliver an equiva- operating principally from North that we now have lent bomb load is 75 times greater than America, in effect a home-based mili- Than fly to others we want not of? what a single B–2 can do. Fewer pilots, tary force. Thus conscience should make cautious legis- crew, and aircraft are put at risk with For example, in the last 6 years alone lators of us all; the B–2. the United States Air Force has re- And thus the hue of B–2 boosterism Its stealth capability ensures that it duced its major overseas bases from 38 Must be replaced with the sober case of will strike its target. Its superior range to 15, Mr. Chairman, a 61-percent de- thought, and bomb load make it clear that the And this enterprise of great pith and mo- crease. Let me repeat, a 61 percent de- B–2 is better than a stand-off missile crease. Unfortunately, our global re- ment, Be halted now before it further proceeds, which still needs a platform that can sponsibilities have not decreased 61 A handsome bomber, yes, but better deliver it within range—usually over percent. In fact, our need for global No more to be. enemy territory. presence is growing. We are the world’s Mr. KASICH. Mr. Chairman, I yield Last, it is critical to understand the one and only superpower in a world full such time as he may consume to the problems posed by the current mix of of conflict and uncertainty. gentleman from California [Mr. DOR- our bomber fleet which, by the year In addition to regional conflicts we NAN]. 2010, may include B–52H’s that are know that more and more irresponsible (Mr. DORNAN asked and was given more than 50 years old, and B–1B’s that nations are acquiring weapons of mass permission to revise and extend his re- will be 23 years old. The B–2 will bridge destruction, a real and significant marks.) the retirement of those aircraft and threat to United States security. Now, Mr. DORNAN. Mr. Chairman, having provide the deterrence necessary in the as the only superpower, our current flown the B–2 May 1, of course I rise in first few decades of the 21st century. strategy calls for American power to be support of the great spirit aircraft that Any successor bomber to the B–2, and projected abroad rather than based I myself named. I predict we will want one in several abroad. Mr. KASICH. Mr. Chairman, I yield 1 years if this program goes down today, Therefore, we simply must be able to will have to incorporate the stealth project increased conventional power minute to the gentleman from Kansas technology that is the heart of the B– from a smaller number of systems. The [Mr. BROWNBACK]. Mr. BROWNBACK. Mr. Chairman, 2. As such, it is critical to protect the only answer is the B–2 stealth bomber, this is daunting to follow the gen- industrial and intellectual base which the only way we can quickly and se- designed and manufactured the proc- cretly project real power around the tleman from California [Mr. DORNAN]. I esses and materials central to the fu- globe. just rise in support of this amendment Listen to Air Force General Mike and simply state this: ture stealth breakthroughs. Loh: I support a strong defense. I have I have visited the B–2 factory in Cali- fornia, seen the B–2, climbed on its ex- The role of the bomber has been elevated, military establishments in my district. not diminished, by the end of the Cold War. I think it is critical; I think it is the traordinary wing, sat in the cockpit Nothing else has the range and payload of reason we created the Federal Govern- and met with representatives of lit- the bomber or the sense of immediacy able ment. It is to provide for a common de- erally hundreds of firms that designed to strike in 10 to 12 hours anywhere in the fense amongst several other items as and built it. The talented and highly world. well, but clearly one of the key roles skilled work force for this aircraft Remember, the B–2 only requires two and missions we created for a federal talks in great praise of what it has pilots and it costs less to operate than government was to provide for a com- done, and that praise is well-deserved. any other means of significant power mon defense. We need to do that. But It would be tragic to lose those individ- projection such as aircraft carriers or this one does not make sense to me. uals and the skills they represent. Army divisions. First of all, it is when the military Mr. Chairman, the bill’s modest level Mr. Chairman, let us support more B– itself says, ‘‘We don’t need this air- of authorized funding will protect a 2s for our Nation’s security. Vote craft, and we can put it, and should put unique capability that would be dif- against the Kasich amendment. it, for other uses,’’ and that is what it ficult to recreate if it were lost as a re- Mr. ABERCROMBIE. Mr. Chairman, I seems to me we ought to do. sult of this amendment. yield 3 minutes to the gentleman from That is why I am supportive of Mr. I urge my colleagues to reject the Massachusetts [Mr. MARKEY]. KASICH’s amendment in that regard. I Kasich-Dellums amendment. Mr. MARKEY. Mr. Chairman: think this is a wonderful airplane. It Mr. DELLUMS. Mr. Chairman, I B–2’s or not B–2: Once again, that is the just costs too much, and it is not in the yield 2 minutes to the distinguished question. priority system of what we need in this gentleman from Minnesota [Mr. LU- Whether ’tis nobler in the mind to suffer THER]. the slings and arrows of outrageous expense, country today. Or to take arms against a sea of deficits, Mr. SKELTON. Mr. Chairman, in all (Mr. LUTHER asked and was given And by opposing end them. To cut; to spend; of this paraphrasing of Shakespeare I permission to revise and extend his re- No more; and by a cut to say we end can only say, ‘‘Me thinkest thou marks.) the heartache and a thousand cost overruns protesteth too much.’’ Mr. LUTHER. Mr. Chairman, I rise in That B–2 is heir to. ’Tis a consummation With that, I yield 3 minutes to the support of the Kasich amendment to Devoutly to be wished. To cut; to spend; gentlewoman from California [Ms. stop the production of additional B–2 To spend? Perchance add-on! Ay, there’s the HARMAN]. bombers. rub; (Ms. HARMAN asked and was given As I listened to this debate as a new For in those 20 add-ons what new costs may come, permission to revise and extend her re- Member of this body, what comes to when we have shuffled off the cap, marks.) my mind is that this is exactly how our Must give us pause. There’s the respect Ms. HARMAN. Mr. Chairman, it is country got to the point of being near- that makes calamity of continuing. tough to differ with friends, aspiring ly $5 trillion in debt. Every spending For would Stealth bear the whips and scorns playwrights, and the Pentagon, but I program has its merits, and a case can of time, am strongly opposed to the amendment be made for this proposal like any the lack of mission, the inevitable delays, offered by Messrs. KASICH and DEL- other proposal. But the fact is that we, The available alternatives, and the cuts LUMS. To my passionate and effective as a nation, cannot afford this expendi- That must be made for Budget Target’s sake. When we ourselves might today Stealth’s friend, the gentleman from California ture, and we who serve here have to termination make [Mr. DELLUMS], I say, ‘‘You move me have the judgment and common sense With a bare majority. Who would new tax every time you speak.’’ But I believe to make cuts wherever we can in the burdens bear, that the Californians I represent be- military budget, along with other June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5877 budgets, in order to make certain that have a balanced budget by the year bomber fleet with additional B–2s will we balance the overall Federal budget. 2002. Yet a few short weeks later, on be necessary in order to maintain a The military spending bill before us the second major authorization that credible bomber capability. contains over $500 million beyond what this Congress takes up, we now stand Some have questioned whether a sig- the administration requested for con- here to consider a dramatic expansion nificant bomber capability is even tinued B–2 bomber production, and it in an existing weapons procurement needed in the post-cold-war era. Yet, repeals the current limits on the num- program. Indeed, we are standing here this implies that the post-cold war ber and cost of B–2 bombers. With the on the threshold of authorizing an ad- world is somehow a less dangerous budget problems we face, we cannot ditional $553 million to pay for a bomb- world. justify approving funding that our own er program that has not been in the ex- The events of the last few years since military experts believe is unneces- isting budget. the wall came down in Berlin and the sary. By eliminating additional B–2’s, This budget-busting program has the Soviet empire began crumbling have is Kasich amendment has the potential potential to add over $30 billion to the vividly demonstrated that the world to make an enormous reduction in the defense budget. Now, we are going to be continues to be one where hazards deficit without compromising military dealing over the next 7 years, if we abound. The Persian Gulf War cer- readiness or support for our troops. stick with our budget resolution, with tainly emphasized the point that the Mr. Chairman, we can save billions of a $270 billion defense spending cap, and U.S. can never let down her guard, and dollars over the years ahead by main- we are going to have to make some that threats to our security interests taining 20 B–2’s, but not expanding the pretty hard choices. I for one have may pop up at any time throughout the production of B–2 bombers. The time stood forth and made hard choices world. has come for us to vote for fiscal re- across the board, and this is a hard It’s imperative that we maintain all sponsibility and support the Kasich choice to make as well. I believe like aspects of our military readiness in amendment. everyone else we need a strong defense. order to respond to threats. And main- Mr. STUMP. Mr. Chairman, I yield 2 But if we vote to double the size of the taining readiness requires that we con- minutes to the distinguished gen- B–2 bomber program today, and this tinue to modernize our bomber fleet tleman from Texas, Mr. SAM JOHNSON. occurs, and we spend an additional $30 with the best, most up-to-date equip- Mr. SAM JOHNSON of Texas. Mr. billion, we are going to make the proc- ment we can. The B–2 is a quality air- Chairman, I rise in strong opposition ess of making choices between the craft that provides stealthiness, long- to the Dellums amendment. other programs, the F–22, the V–22, the range flying capability, and the ability First, the funding for the B–2 falls DDG, much, much more difficult. to deliver large payloads, on target. well within the spending cap imposed My friends, we ought to establish our Mr. Chairman, the B–2 provides our by the Committee on the Budget. It strategic priorities now and not vote nation with important security. We does not break the budget. for $553 million to keep a line warm should, we must, move forward and Second, the B–2 is a necessity. I have while we try to decide what our coun- adopt the position taken in this de- experienced firsthand the dangers of try is going to do in the future. The fense authorization bill. I urge my col- flying into a helpfully defended area, Committee on National Security leagues to reject the Kasich amend- being tracked by radar and shot down. should decide what our long-term stra- ment, and support the B–2 bomber. As a matter of fact, I was shot down in tegic objectives should be within the Mr. STUMP. Mr. Chairman, I yield Vietnam because our Government, this $270 billion fixed budget that we have such time as he may consume to the body, refused to supply us with the for defense spending, and then make gentleman from Maryland [Mr. right airplanes or munitions. In fact, the tough choices now, and not put the GILCHREST]. we did not have munitions most of the long tail off until next year or the year (Mr. GILCHREST asked and was time. I flew an airplane that the gun after. given permission to revise and extend sight was really just a piece of chewing I rise in strong support of the Kasich his remarks.) gum that did not move, the gun did not amendment, as a strong proponent of Mr. GILCHREST. Mr. Chairman, I fire, a product of the McNamara era defense spending, responsible defense rise in opposition to the amendment. which he has admitted to. spending, and a balanced budget by the Mr. DELLUMS. Mr. Chairman, I The B–2 gives us an ability to fly a year 2002. yield such time as he may consume to strategic bomber into a defended area Mr. SKELTON. Mr. Chairman, I yield the gentleman from Michigan [Mr. undetected by radar without fighter es- 2 minutes to the gentleman from Texas CONYERS]. cort. This is a state-of-the-art tech- [Mr. FROST]. (Mr. CONYERS asked and was given nology that no other country can (Mr. FROST asked and was given per- permission to revise and extend his re- match. mission to revise and extend his re- marks.) Third, those who oppose the B–2 have marks.) Mr. CONYERS. Mr. Chairman, it is said we can use old B–52’s and B–1 Mr. FROST. Mr. Chairman, I rise in with great pleasure I rise in support of bombers instead of B–2’s. As my col- opposition to the amendment being of- this amendment, admiring the argu- leagues know, the cost of flying those fered by the gentleman from Ohio [Mr. ments put forth by the gentleman from old airplanes is $6.4 billion more. KASICH]. California [Mr. DELLUMS] in support of More importantly, relying on the I was disappointed when Congress his amendment. older airplanes through the year 2030, voted to cap the B–2 bomber program Mr. STUMP. Mr. Chairman, I yield as opponents have planned, is risky. By at 20 planes. I did not agree with that such time as he may consume to the that time the B–52 will be nearly 70 decision then, and I’m delighted that gentleman from California [Mr. years old, and, if we apply that same the National Security Committee has MCKEON]. 70-year timeframe, a 1918 World War I brought a defense authorization bill to (Mr. MCKEON asked and was given biplane would have been a front line the floor of this House that repeals the permission to revise and extend his re- plane in Desert Storm. cap, and authorizes funds to continue marks.) production of this important strategic Mr. MCKEON. Mr. Chairman, I rise in b 1945 bomber. strong opposition to the amendment. Support our Nation’s Armed Forces. The B–2 is an essential component of Mr. STUMP. Mr. Chairman, I yield 2 Vote against the Dellums amendment. our overall national defense capability. minutes to the gentleman from Louisi- Mr. KASICH. Mr. Chairman, I yield 2 In fact, with each passing day, the need ana [Mr. LIVINGSTON], the chairman of minutes to the gentleman from New for the B–2 increases as our bomber the Committee on Appropriations. Hampshire [Mr. BASS]. fleet ages. (Mr. LIVINGSTON asked and was Mr. BASS. Mr. Chairman, I rise in By 2010, any surviving B–52s will be given permission to revise and extend support of the Kasich amendment. A over 50 years old and will likely be re- his remarks.) few weeks ago we passed a resolution, tired. The B–1 fleet will be 23 years old Mr. LIVINGSTON. Mr. Chairman, I an historic resolution, and I stood be- and declining in number due to attri- rise in opposition to the Kasich-Del- fore you and said we are now going to tion. It’s clear that augmenting the lums amendment to lift the cap on B– H 5878 CONGRESSIONAL RECORD — HOUSE June 13, 1995 2 bomber production and delete funds procured as an interim bomber until B±2's (Mr. DICKS asked and was given per- in this bill for the B–2. The first re- were available. This, the secretaries said, ``is mission to revise and extend his re- sponsibility of Congress under the Con- not enough to meet future requirements, par- marks.) stitution of the United States is indeed ticularly in view of the attrition that would Mr. DICKS. Mr. Chairman, first of to provide for adequate defense of this occur in a conflict and the eventual need to re- all, everybody, I believe the Cominsky Nation. tire the B±52's.'' study was fatally flawed when it said We are in this position today because Former secretariesÐMelvin Laird, Donald we are going to have 14 days of warn- some years ago a decision was made to Rumsfeld, Caspar Weinberger, James Schles- ing. We did not have 14 days at Pearl cap production on the B–2 at 20 bomb- inger, Harold Brown, Frank Carlucci, and Dick Harbor. We did not have 14 days in ers. That decision was based wholly on CheneyÐend the letter by saying: Korea. We did not have 14 days in the judgment of the then political lead- The logic of continuing low-rate produc- Desert Storm and Desert Shield. What ers in the prior Congress that addi- tion of the B–2 thus is both fiscal; and oper- we are talking about tonight is real tional production lacked political sup- ational. It is already apparent that the end value. The stealth bomber, with smart port in the Congress. It certainly had of the Cold War was neither the end of his- conventional weapons, can be enor- no, and I emphasize ‘‘no,’’ relation to tory nor the end of danger. We hope it also mously effective. the military needs of this Nation. That will not be the end of the B–2. We urge you Look at this comparison. On that is what we have come here today to to consider the purchase of more such air- side of the chart we have bombers with craft while the option still exists. rectify. unguided munitions versus what we Political decisions made, whether it My esteemed colleagues, I concur with this can do with the B–2. And this package by vote counters or bean counters, do well thought-out letter and the conclusions over here, 76 air crew at risk, 37 air- not hide the fact that today the United voiced by these gentlemen. craft, could not get the job done, be- States lacks a capable bomber force to Please join me in supporting continued pro- cause they were nonstealthy. The F– protect this country. This decision duction of the B±2 stealth bomber. 117’s in the gulf war could go into the forced military planners to walk away Mr. SKELTON. Mr. Chairman, I yield targets, knock out the most heavily from the most effective weapon in our 1 minute to the gentleman from Cali- defended targets, and our kids came arsenal to project force at the most ef- fornia [Mr. CUNNINGHAM]. back alive. fective cost. This decision does not Mr. CUNNINGHAM. Mr. Chairman, When we are talking about stealth hide the fact that should we accept the on 10 May, flying a flack suppression technology, it means with a bomber Kasich-Dellums amendment, that if we mission just south of Hanoi, 35 aircraft like the B–2 you can go a third of the do, that we could fight the next Desert went in to strike with cluster bombs to way around the world and attack Storm with a 70-year-old bomber. Does knock out SAM’s and AAA’s. We lost Saddam’s division coming in. The Rand anyone in this House want to run that four F–4 Phantoms on that strike. Two study showed that with the B–2 and the risk? Does anyone in this House wish of those air crews did not come back. centrifuged weapon, three B–2 compa- to rely on such weapons to protect our Our B–52’s over Hanoi, we lost hundreds nies could have knocked out 46 percent troops? Does anyone here want to pro- of air crew, and what price do we put of Saddam’s mechanized vehicles be- tect this country with 70-year-old on that?’’ fore they got into Kuwait. Now, that is tanks or ships or planes? I do not think Not one single Member that has enormous, revolutionary capability. so. fought in combat in the air has sup- The gentleman talks about stand-off We are retiring the F–117’s that ported this amendment because they weapons, but he does not tell you that served us so admirably in Desert know the value and the expense of those stand-off weapons cost $1.2 mil- Storm. The B–1 was of no use in the human life. And, yes, there is life at lion apiece. The weapons on the B–2 last war. Why would anyone think in risk. Remember when we hit Qadhafi JDAM cost $25,000. A precision guided the next one we will be any more likely and we had to rely on Margaret munition, 40 times as expensive. That to require the service of the B–1? Fi- Thatcher to launch out of England? We is why it makes sense to buy the B–2, nally, how much could we rely on the even had to fly around our allied bases. and now is the time to buy it. The line old B–52, the 70-year-old granddaddy of We would not have to do that. is open. If we shut the line down and bomber fleet? We cannot. Remeber when Saddam Hussein in his come back to it, it is going to cost $10 I urge this House to proceed with the last foray came across and the Presi- billion just to reopen the line. That development and procurement of what dent had to deploy three carrier air does not make any sense. will be one of the most critical assets battle groups? Do you know what that Then you have got the cost of these we have to take with us into the next cost was? Billions of dollars. You have expensive stand-off weapons. You have century. We have no other weapon that the threat of a B–2, you will not need got to think about it, who are we send- combines the precision of the stealth those forces to strike there. It will pre- ing out there? We are sending our own and the firepower of the B–2. vent it, and it will save times. kids. Wouldn’t you rather have the Mr. Chairman, I urge this body to re- Mr. DELLUMS. Mr. Chairman, I kids in a B–2 or in the F–117 or a ject this amendment and make a deci- yield myself 30 seconds. stealth aircraft, rather than having sion not based on political calculation, Mr. Chairman, first, I would like to them go in with a B–1 or B–52 that is but on the necessity for the national say in response to my distinguished going to get shot down? They are security. colleague from California, that is pre- nonstealthy. They cannot penetrate. Mr. Chairman, earlier this year, seven of our cisely the argument that this gen- And that is why it is an ineffective former secretaries of defense carefully crafted tleman is making, an argument that bomber force. Eight secretaries of de- and delivered a letter to President Clinton. was made in the independent bomber fense, including Dick Cheney, who That letter was in support of continued produc- study. Precision guided munitions in made the decision to take it to 20, tion of the B±2 stealth bomber. the stand-off mode does not allow the wrote President Clinton not to shut The letter said: plane or the pilot to be vulnerable. down this line. We are writing you to express our concern That is exactly the point. This is the most important defense about the impending termination of the B–2 The gentleman waxed eloquently in vote we are going to make. If you want bomber production line. After spending over support of the argument that this gen- to reorganize priorities in the defense $20 billion to develop this revolutionary air- tleman makes, and that was eloquently budget, let us do it. Let us get rid of craft, current plans call for closing out the program with a purchase of only twenty argued by the Institute for Defense some of these things over here that bombers. We believe this plan does not ade- Analysis. cannot get the job done, and buy the quately consider the challenges to U.S. secu- If you are talking about saving lives, new weapon with the new technology rity that may arise it the next century, and it is not about building the B–2, it is that can get it done. That is what we the central role that the B–2 may play in about expanding the inventory of the are talking about here. We are talking meeting those challenges. precision guided munitions. about advanced technology that will The letter goes on to discuss the nation's Mr. SKELTON. Mr. Chairman, I yield save American lives, and actually will long-range bomber force: 95 B±52's that are 3 minutes to the gentleman from Wash- save dollars too. Because if we do not all over 30 years old, and 96 B±1's that were ington [Mr. DICKS]. do it, we are going to pay a terrible June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5879 price in life and in loss of bombers be- Mr. Chairman, let us tell the story of find out whether we would have the cause they are not stealthy. the B–2 bomber. First of all, in regard strongest and most efficient national Mr. STUMP. Mr. Chairman, I yield 2 to Scott O’Grady, we would not be fly- defense. minutes to the gentleman from Califor- ing B–2 bombers over Bosnia now in I opposed the bomber study. Do you nia [Mr. HUNTER], the chairman of the place of an F–16. That is just flat out know why? Because I thought it was a Subcommittee on Military Procure- never the kind of procedure we would fait accompli that they would come ment. use. back and tell us to build more bombers. Mr. HUNTER. Mr. Chairman, I thank But let me go on and talk about the Mr. DELLUMS said, no, we ought to go the gentleman for yielding. history, the story of the plane. Five with it. We changed the language. And Mr. Chairman, I think it is important years ago I went to a briefing to try to I said, fine, let us do a bomber study, for use to recognize why we should figure out what the B–2 bomber was all we will see how it will come out. spend 1 percent of the defense budget about. It was a tremendously shrouded So we trusted the last group in the each year of B–2’s. program, and we did not find out about Pentagon over the last 2 years to do Mr. Chairman, we are back where we it until we invested a ton of money. I this bomber study. And that was to de- started. We look at the last week’s was in the top secret briefing, and I fine what we should do today. So guess Time Magazine and we see Scott found out what the purpose of B–2 was. what? We did a bomber study, commis- O’Grady on the front of it. This is why The B–2 was to be used to fly around in sioned independently by a very well-re- we started this program. Because in the Soviet Union in the middle of a nu- spected group. I have got the study Vietnam we lost 2,300 Scott O’Gradys, clear war looking for things to bomb. right here. and we lost them to the most impor- Now, you have to hear that. We were Do you know what they say? We do tant revolutionary technology develop- going to fly the B–2 into the Soviet not want anymore B–2s. We want to fix ment in this century in war fighting, Union in the middle of a nuclear war to the B–1. We think it is a good plane. We the radar. bomb things. That was the purpose of want to buy more smart weapons. And we think there is more effective and ef- b 2000 the B–2. At the time, I said, first of all, I ficient ways to manage the building That radar, when coupled with sur- could not conceive of flying the plane and provide for the strongest national face-to-air missiles, took down thou- around in the middle of a nuclear war. defense. The independent bomber study sands of American planes in Vietnam. But, second, I said, if you need to hit that was commissioned to tell us what But we are the Americans. We say we targets, hit them with standoff weap- to do says, do not buy anymore. are creative. We are innovative. And ons. You are familiar with them. You Then I get a letter from the vice we got together, Democrats and Repub- saw them in the war against Saddam. chairman of the Joint Chiefs of Staff, licans, on the political side, our best We did not put our pilots at risk. We Admiral Owens, nobody’s lackey. In scientists throughout this country, and stood outside danger, and we used fact he has been profiled as perhaps the we built an aircraft that could evade smart weapons to fire in. That is pre- best 21st century thinker. And Admiral the SAM missiles and could be invisi- cisely the option that the Pentagon is Owens came to see me and he said, we ble to the radar. And that is what the seeking right now. They do not want to do not want anymore B–2s. B–2 is. And because of that, as the gen- put pilots at risk. They want to have So we have got the vice chairman of tleman from Washington has said, one pilots out of danger, using precision the Joint Chiefs of Staff who says, We B–2 bomber can knock out the same 16 guided munitions at much cheaper do not want the B–2. Then we find out targets that it takes 75 conventional prices. that the chairman of the Joint Chiefs aircraft to knock out. So I said, why do we need to have the of Staff, the chief military officer of We have got one question to ask our- B–2? And we started this fight. And the services says, I do not want the B– selves tonight, in fact, in a couple of they went from about 165 of them down 2. I can have more effective use of re- minutes you will make a very impor- to about 130. I was down at about 13 sources. tant vote. Because there are young with a bipartisan coalition of Repub- And then we heard from people who I men and women out there now training licans and Democrats. Three years ago, consider to be absolutely critical, the to be bomber pilots. You are going to Dick Cheney calls me up. And he says, CINCs. The CINCs are the commanders make a decision as to whether or not JOHN, I cannot use 13. I would like to in the field. They are the ones that they are flying a 40-year old aircraft, have 20. Frankly, I do not even want fight the wars. And the CINCs are in the B–52, or whether they are flying an the plane. That is what he told me on unanimous agreement with the bomber aircraft that will protect them. If you the telephone. He said, But I want to study and in unanimous agreement say no, for the first time in this cen- go to 20, because that will give me a with the chairman of the Joint Chiefs tury we are telling our young people, force that I can use and a force that I of Staff and the vice chairman of the we invented a technology that would need, and we can wrap up the program. Joint Chiefs of Staff. And do you know protect you in wartime but we are not And I said, Why do you not wrap it what they say? We do not want any- going to give it to you because it is too up at 13? He says, Well, I mean, I just more B–2s. We have better ways to do expensive. think we ought to do 20. it. Vote for peace through strength. I came back here. I talked to the gen- Then we had the Secretary of Defense Vote for an affordable program. Vote tleman from California [Mr. DELLUMS]. who came to see me and he said, do not for the B–2. He said no; I said yes. We ended up put these white elephants in my budg- The CHAIRMAN. The Chairman will reaching a deal on 20 B–2 bombers. et, because if you do, you keep me from advise that the gentleman from Ohio Now, last Congress, we come back. In buying the things I need such as, the C– [Mr. KASICH] has 9 minutes remaining, the Committee on Armed Services, 17 for transport, the F–22 advanced the gentleman from California [Mr. they say, We need to build more B–2s. fighter program, the helicopters, and DELLUMS] has 5 minutes remaining, the I said in the conference committee, the issue that everybody has been so gentleman from Arizona [Mr. STUMP] Wait a minute, a deal is a deal. Cheney worried about, readiness. What he said has 4 minutes remaining, and the gen- said he wanted 20. Why would we build to me is, do not force me to spend tleman from Missouri [Mr. SKELTON] anymore? money on a program I do not want. I 31⁄2 minutes remaining. And they said to me, that was then have better ways to secure national se- The order for closing will be, first, and this is now. And this is a new Con- curity and have efficiency in the way I the gentleman from California [Mr. gress. So we got this big fight. do things. Do not handcuff me. And, of DELLUMS], then the gentleman from So guess what the agreement was? course, we have the heavy bomber Missouri [Mr. SKELTON], then the gen- The agreement was to have the Penta- study that says, we do not need this. tleman from Ohio [Mr. KASICH], and the gon commission an independent bomb- Now, we have seen a chart that talks gentleman from Arizona [Mr. STUMP] er study. The independent bomber about what the two B–2s deliver you. has the right to close. study was to assess whether we had Let me show you the chart. What is Mr. KASICH. Mr. Chairman, I yield enough bombers in order to carry out left off of the chart is the fact that it myself such time as I may consume. our mission. That was its purpose, to is not just two B–2s that you have to H 5880 CONGRESSIONAL RECORD — HOUSE June 13, 1995 do, but you have to have all this sup- things, the building blocks of defense building B–2’s and we are going to be port aircraft. And you see all these that will guarantee the security of our putting people to work into the next weapons up here. They are already paid forces. century, right now. They said 20 that for. The gentleman from Washington Support the Kasich-Dellums amend- are coming up. We have not even taken [Mr. DICKS] said we should get rid of all ment. Save money, balance the budget. delivery on half a dozen. We still have these weapons. Provide for a strong national defense. to get up to the number 20. First of all, I do not agree with that. Mr. DELLUMS. Mr. Chairman, I It is not $553 million we are voting Second, we are not going to do it. So if yield 3 minutes to the distinguished on. Members know very well that it is we build the 2 B–2s, we have to provide gentleman from Hawaii [Mr. ABER- $31 billion we are talking about, that all the support, including more people, CROMBIE]. we are not going to be able to find in more costs, more air refuelers, and it Mr. ABERCROMBIE. Mr. Chairman, I defense. We are going to have to take it costs us an additional $2.4 billion. seldom disagree with the ranking out of readiness, we are going to have Now look, this is not my view alone. member of the Committee on National to take it out of quality of life, out of I did not come up with this idea that Security, the gentleman from Califor- operations and maintenance. we should get rid of it. It is just that I nia [Mr. DELLUMS], but he said that We have been told over and over cannot find anybody in a uniform who this is one of the most important again we have to make tough choices, is at any kind of ranking level in the votes. And I would like to say that this tough choices within every category. building that says they want the plane. is the most important vote that is We are telling kids they have to make Now, I can remember when the Re- going to be made on not just this budg- tough choices, elderly people they have publicans used to criticize the Demo- et but the whole budget proposal. to make tough choices. We have to crats for buying weapons systems that The gentleman from Ohio [Mr. KA- make tough choices in defense, as well. the Pentagon did not want. And the SICH] has made it very clear, and I am The gentleman from Washington [Mr. Pentagon is saying, let us fix the B–1. in a good position to talk about this, DICKS] says we need to make those Let us use precision guided munitions, because Mr. KASICH knows that I told tough choices, so everyone is saying do the 20 B–2s, and the B–52s are fine in him early on in this process, JOHN, one that. There is nothing tough about a standoff role. In fact, they are going of the reasons I respect you, and I say this. If Members do not back the gen- to be used until about the year 2015. this to the whole House, is that you are tleman from Ohio [Mr. KASICH], and But what we have done is we have not only honest and sincere, but you Members do not back the gentleman added a $38 billion program. bring forward what you really believe from California [Mr. DELLUMS], they Now, this is the heavy bomber study. in and you back it up. I said, what is are not backing the basic budget pro- Do you know what it says? The planned going to happen is, everybody is going posal that has been put forward about force can meet the national security to stand up and cheer, which is what balancing the budget, and they are giv- requirements of two simultaneous re- has happened, everybody is going to ing the gentleman from Ohio, JOHN KA- gional conflicts without the B–2, the give you the accolades. And then they SICH, all the accolades, and giving him current force with the 20. Additional are going to stiff-arm you. As soon as the shaft on the actual budget. Mr. STUMP. Mr. Chairman, I yield quantities of accurate guided muni- it comes to spending the bucks to such time as he may consume to the tions are more cost-effective than pro- make the money, they are going to gentleman from California [Mr. LEWIS]. curing 20 additional B–2s. It says, let us come right in and they are going to (Mr. LEWIS of California. asked and buy the standoff precision-guided give it to you. And where they are was given permission to revise and ex- weapons. It will be better for us than going to do it is in defense, and they tend his remarks.) buying B–2s. Frankly, it will save us a are going to do it right with the B–2 Mr. LEWIS of California, Mr. Chair- ton of money. In fact, it will allow us bomber. man, I appreciate the work of my to not have to put other systems at I tell you this: If you do not pass the Chairman. I very much want to rise in risk. Kasich-Dellums amendment, if you op- support of the B–2 long lead. I am going to tell you in the House pose this amendment, you are sticking Mr. Chairman, I rise today to draw my col- that if you are for C–17 and you are for a knife in the heart of the fiscal budget leagues' attention to an important issue which F–22 and you are for helicopters and proposal that Mr. KASICH put forward will shortly be decided by this House: namely you are for readiness, at the end of the and that everybody, so many Members, continue acquisition of the B±2 stealth bomb- day when you add this big chunk of Democrats and Republicans, have ap- er. money in there, you have got a prob- plauded. It is one thing to stand up and My friends, we are witnessing a revolution in lem. cheer for the gentleman from Ohio [Mr. air warfare. The advent of stealth has changed Now, finally, the other point is, we KASICH] and tell him, you did the job, the way we think about this important facet of are going to be making a lot of hard buddy. I am going to be there for you, our Nation's defense. In the 1940's, the intro- choices in this House. We have already unless, of course, I have to disappear, duction of radar saved a beleaguered England made a lot of hard choices in this which is what is happening now. from a numerically superior German air on- House. And I have got this very high This is a test of integrity in budget- slaught. That single technology gave the rating in national security, about 100 ing. This is a glide path, not to a bal- Royal Air Force the edge that made all the dif- percent. But I consider myself to be a anced budget, this is a glide path to ference. cheap hawk. balanced budget oblivion. That is what We are there again, only this time the need I deeply respect the Members of this you are heading for. You can put up is to foil the radar and protect our aircraft. House who feel passionately on the charts until you choke. And what is Stealth is that new technology. The value of other side. That is what debates are all going to happen in the end, if Kasich- this new stealth capability was evident in the about. But my sense is, when I am Dellums fails. That means that you are gulf war with the F±117. The F±117 produc- faced at looking at the chairman of the not going to have a balanced budget. tion line is already closed. The B±2 bomber Joint Chiefs, the vice chairman of the You will be doing ballet with the books takes this technology one major step further. Joint Chiefs, the commanders in the is what you are going to do. You are With its large payload, long range and preci- field, the Secretary of Defense, the going to have to spend, as Mr. KASICH sion weapons, the B±2 can fly farther, carry independent bomber study, all of which will tell you and any honest person will more, and destroy targets with greater accu- says, do not spend the money, how the tell you, you are going to have to spend racy than any other aircraft. For example, a heck can I come out here on the floor 40 percent of your defense outlays in force of 32 B±2's, loaded with modern weap- and vote to spend the money when I the next budget cycle as it comes up in ons, could have engaged as many targets on have got to balance the budget by 2002 order to take care of this B–2. the first day of the Persian Gulf war as the and guarantee that we have a defense b 1,263 aircraft that were used. This is an amaz- that is ready, a defense that is effi- 2015 ing fact. cient? If Members listen to people tonight, The B±2 will save lives. It will conserve re- And I would maintain that by lobby- they would think there were not any sources in the long run, and it will create a ca- ing this big chunk of money in there, B–2’s. We are going to have to have a pability that resides only in support of U.S. we undercut our ability to do the dozen and a half. We are going to be military forces. June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5881 This body has always followed the philoso- Proponents of this amendment state ple who want this will be the people phy that U.S. soldiers, sailors and airmen that we cannot afford to keep the only who benefit from it. I say to each of must be sent in harm's way fully prepared and bomber production line in this Nation the Members that every American ben- equipped for victory. Now is not the time to re- open. Let me assure the Members, we efits from national defense. Every verse that philosophy. need the B–2. Let us not drop the ball American benefits from the strongest As a member of the Intelligence Committee on this one. I urge a no vote on this national defense our country can pro- and the Appropriations subcommittee that amendment. vide. Those who say that they are for a handles Defense, I could never in good con- Mr. DELLUMS. Mr. Chairman, would strong national defense, but are science vote to close the only bomber produc- the chair remind this gentleman as to against the most sophisticated, highly- tion line in this country, especially one as ad- the remaining amount of time? technical weapons system that no one vanced as the B±2. The CHAIRMAN. The gentleman else can produce except us, causes me Proponents of this amendment state that we from California [Mr. DELLUMS] has 2 to wonder. can't afford to keep the only bomber produc- minutes remaining. The gentleman Then my good friend, the gentleman tion line in this Nation open. Let me assure from Missouri [Mr. SKELTON] has 31⁄2 from Ohio [Mr. KASICH], said who is for you, for our sons and daughters, our grand- minutes remaining. The time of the it. He overlooked the most important children and great-grandchildren, for pilots like gentleman from Ohio [Mr. KASICH] has airplane pilot, recently retired, but Scott O'Grady, we can't afford not to. Vote no expired, and the gentleman from Ari- while he was on active duty, General on the Dellums-Kasich amendment. zona [Mr. STUMP] has 2 minutes re- Mike Lowe. He said ‘‘My assessment Mr. STUMP. Mr. Chairman, I yield 2 maining, and is entitled to close. says we need 30 or 40 more bombers to minutes to the gentleman from Okla- Mr. DELLUMS. Mr. Chairman, I make things work out about right, so homa [Mr. WATTS], a member of the yield myself the remaining 2 minutes we don’t have to stretch the bomber committee. to close on this side. Mr. WATTS of Oklahoma. Mr. Chair- force in 2 major regional contingency Mr. Chairman, I would like to make scenarios.’’ man, the chairman and members of the several quick observations as I have Committee on National Security have We should think of this with reason. tried to listen to my distinguished col- We should not let emotion make this clearly set sights on supporting the B– league. I would say to my friend, the 2 in the fiscal year 1996 defense author- decision. This discussion is based upon gentleman from Oklahoma, the news- a flawed study, and I compliment the ization bill. We have worked within the paper says 14 days. It will take 14 years Committee on the Budget’s target and gentleman from Oklahoma [Mr. to build the next 20 B–2s. WATTS] who pointed that out. The come up with a bill that gives this Con- The second point, the argument from gress its first opportunity to deliver on study, the bomber study, assumes we the gentleman from Louisiana regard- have a 14-day waiting period, warning the promise of revitalizing our national ing these 50-some-year-old weapon sys- defense. period, time in which we can get ready tems, we are building 20 B–2s at this A critical part of this bill is its call and put our entire 60-some-odd aircraft point. Work is still out there. We have for long lead funding needed to prob- in the theater. B–1 bombers that we are equipping. ably acquire an additional 2 B–2’s. The I will remind Members that Poland That is one of the stealthiest weapons amendment we have before us asks to was invaded in 1939 without warning. I in the world. We spent $24.5 building strike that funding. Mr. Chairman, will remind Members that Pearl Harbor the B–1 and nobody has seen it since. It under normal circumstances I would be was attacked on December 7, 1941, is a weapons system that we cannot more than willing to take the Defense without warning. South Korea was in- deal with. Department’s word on a military force vaded in June, 1950, without warning. My next argument is this question of structuring decision. In the case of the The Berlin wall went up in 1961, with- preserving the industrial base, as if in B–2, there is an overwhelming amount out warning. More recently, in Kuwait, some way we do not build anymore B– of contradictory evidence. Saddam Hussein came into their coun- 2s, the bombers’ industrial base will go Originally I planned to base my B–2 try without warning. decision on the results of the heavy away. The people that build the B–2 did not build the B–1. The people that built Mr. Chairman, we have a weapons bomber force study, but after seeing as- system that can make air power some- sumptions and methodology, some- the B–1 did not build the B–52. The peo- ple that built the B–52 did not build the thing necessary, something that can thing is wrong. Assumptions like 14 make America extend its defensive sys- days of buildup time, does anyone real- B–29 and the B–17. There has been no contractor that built the successive tems without warning. The B–2 can be ly believe an aggressor would just sit deployed across the globe within hours. back, give us 14 days to deploy our bomber. This is about preserving the industrial base of the B–2 bomber, not Under the cloak of stealth, the B–2 can fighters, then attack? I do not think deter and repel an armored attack bet- so. To wait would be suicide. We know the bomber. Mr. Chairman, we have the aircraft ter than any other defense system, it and they know it. while putting only 2 American service- I believe it was Under Secretary industry out there that would run men at risk. I ask my colleagues what Kaminsky who said that B–1’s and B– through this wall to get B–3 contracts. our response would have been in Ku- 2’s need fighter escorts to do the job. It is not about the industrial base, it is wait in absence of time to position our When I heard this, I was baffled. The B– about the B–2. It is a plane that we do forces? 2 is the first fighter weapon of choice not need, nobody wants, except people that can be counted on in the war we that will benefit from it. It is not a Mr. Chairman, a bipartisan group of 7 are most likely to fight. plane that we need for our national se- former Defense secretaries, including I challenge each of the Members to curity. It does not speak to the health Harold Brown and Dick Cheney, made think about the direction the world is and safety of our troops. It is a $31.5 the case in a letter to President Clin- going, the disorder around us. The no- billion walk down a road, when we are ton in January: ‘‘The B–2 remains the tion that we are safe or war is less like- wreaking havoc on the American peo- most cost-effective means of rapidly ly should be dismissed. The reality is ple. It is a weapons system we can re- protecting our force over great dis- the enemies’ names may have changed, ject. tances. Its range will enable it to reach but they are still there. I urge Members to support the any point on the earth within hours Mr. Chairman, chemical weapons, nu- amendment. I am proud of the gen- after launch while being deployed at clear weapons, are available, and we tleman from Ohio [Mr. KASICH] for his only 3 secure bases around the world. must have the ability to counter that eloquence and his articulate presen- Its payload, an array of munitions, will threat. The B–2 and its technology tation that would warrant all of us to permit it to destroy numerous time- must be acquired while it is within our oppose this B–2 bomber. sensitive targets in a single sortie.’’ economic grasp. This is our only Mr. SKELTON. Mr. Chairman, I yield Mr. Chairman, I oppose the Kasich chance to harness the B–2’s revolution- myself the balance of my time. amendment, and I hope people will ary capabilities, capabilities that be- Mr. Chairman, my friend and col- vote against it. cause of who we are and what we stand league, the gentleman from California Mr. STUMP. Mr. Chairman, I yield for, will benefit the entire world. [Mr. DELLUMS], says that the only peo- such time as he may consume to the H 5882 CONGRESSIONAL RECORD — HOUSE June 13, 1995 gentleman from New York [Mr. SOLO- look at the initial acquisition cost of smaller, more efficient military that retains its MON]. this or any other weapon. One must muscle than this aircraft. It is imperative that (Mr. SOLOMON asked and was given look at the lifetime deployment cost, we keep it. permission to revise and extend his re- and over the lifetime of this weapon, More importantly, the B±2 keeps Americans marks.) we get a greater diversity of mission, out of harm's way. The recent events in Mr. SOLOMON. Mr. Chairman, opportunities to be deployed to save Bosnia must have convinced us that our pilots former House Member and conference this Nation, at a lower cost and with a should be protected as much as possible. Chairman Dick Cheney wants a ‘‘no’’ minimal amount of men and women at Since the B±2 is a long-range bomber, it can vote on this amendment, and so do I. risk, and a minimal amount of support be launched from distances far from the Members are playing into the hands of to the mission than we can get from threats of the enemy. Also, the stealth capa- those that want to gut our defense. anything else available. bilities of this bomber ensure that the crew will Vote ‘‘no.’’ remain safe. Finally, only two people are re- b 2030 Mr. STUMP. Mr. Chairman, I am quired to fly this magnificant aircraft, which happy to yield the balance of my time We must vote ‘‘no’’ on the Kasich- minimizes the number of American pilots re- to the gentleman from Texas [Mr. Dellums amendment, irrespective of quired to go into combat. ARMEY], the distingished majority how much affection we have for both Mr. Speaker, when one looks at the benefits leader, to close debate on this side. gentleman, how much appreciation for of this aircraft and the military needs of our The CHAIRMAN. The gentleman the sincerity of their purpose. We must country, it is an easy decision to support the from Texas [Mr. ARMEY] is recognized cast this vote for one purpose and one continued production of the B±2 bomber. I for 2 minutes. purpose alone, the safety of our chil- hope that my colleagues on both sides of the Mr. ARMEY. Mr. Chairman, let me dren and the security of people who aisle will realize that in this point in history, preface my remarks by expressing my keep them safe. That is our only basis. America cannot afford to ignore the need for deep appreciation for the framers of Finally, let me close with this obser- a strong national defense. The United States this amendment. I have always found vation. I do not care and I implore must maintain her superiority in weaponry to the gentleman from California [Mr. Members, do not care where jobs will ensure peace into the 21st century. With that DELLUMS] to be one of the finest and be found. Jobs will pass; a nation’s se- in mind, I stand in firm opposition to the most honorable men in this Chamber, curity must be forever. amendment. and I continue to do so, and my cap, as I thank the gentlemen who have par- Mr. CONYERS. Mr. Chairman, I rise in always, is off to him. ticipated in this debate and allowing strong support of the amendment being of- The gentleman from Ohio, JOHN KA- me to close. fered by my distinguished colleagues, Mr. SICH, is a ball of energy and a commit- Mr. EMERSON. Mr. Chairman, I rise in DELLUMS and Mr. KASICH, and I ask permis- ment that is always heartfelt and a strong opposition to the amendment offered by sion to revise and extend my remarks. I never sincerity that is always obvious. We my colleagues, Mr. KASICH and Mr. DELLUMS, cease to be amazed how this Congress has saw that most recently on the budget, for fear that it will compromise the ability of been obsessed with cutting government yet it and the gentleman from Ohio, JOHN this Nation to mount an effective bombing refuses to confront government's most obvious KASICH, saw us through on the budget. strike in the case of war. This amendment excesses. The B±2 bomber is a perfect exam- However, Mr. Chairman, this is not threatens our security and stability because it ple of this absurd double standard. about the budget. This armed services would deprive our armed forces of the nec- The B±2 is a cold war relic designed to fight bill conforms to the requirements of essary tools they need to ensure a quick and a now nonexistent Soviet Union. The General the budget we passed just a few short sure victory. Accounting Office conducted a comprehensive weeks before. This is about the defense The end of the cold war did not mark the study of the B±2 program over 2 years and of our Nation and the safety and the end of aggression in the world. Recent events found that the Soviet air defense threat that security of our children for years to only seem to underscore the necessity for our the B±2 was supposed to circumvent was come. country to maintain a sense of readiness to never even deployed. I have to tell the Members, I have defend our interests abroad and to preserve Why are we fighting this ghost of an only one basis by which I would judge democracy throughout the world. The war in enemy? Because we can't quit our irrational any acquisition of any military equip- the gulf proved to be an excellent example of addiction to military spending. The 20 addi- ment in this country now and ever, and the effectiveness and precision of stealth air- tional B±2's that are proposed will cost an as- that is does it keep my children safe in craft, and it demonstrated that American tech- tounding $31 billion according to the Air Force. a hostile world. While we ensure the nology remains unmatched in the world. To I will add, as if it were of little consequence, safety of our children and the security deprive us of this capability now would send a that the Air Force does not even want this of our Nation, can we do so in such a signal to other countries that America is no plane. So who does? Perhaps it's the Nor- way as to put the minimal number of longer willing to go to war to fight for what we throp Grumman Corporation that has told people at the minimal risk while they believe in. This amendment in effect will re- America that it will cost one-third of the Air have a maximum chance to fulfill a di- duce our deterrent throughout the world. Force's estimates. versity of missions successfully, at a The spread of nuclear weapons has be- The Chairman of the Joint Chiefs of Staff minimal cost. come a source of much speculation and fear. has said this plane is unnecessary. The Sec- That is what I have found in the B–2. Unless America has the capability to unilater- retary of the Air Force, Sheila Widnall, said The B–2 does, for me and for my chil- ally strike a terrorist nation that may have a last fall ``Every program we have in the budget dren’s future, and for my Nation, and nuclear weapon, we are inviting the prolifera- is a higher priority'' than the B±2. The Depart- for my Nation’s Treasury, everything I tion of those weapons. The stealth bomber ment of Defense hasn't asked for them. Two can ask of a weapons system. This is gives us that capability. Considering the aging independent studies have concluded that our truly, Mr. Chairman, a flying miracle fleet that we currently have, the B±2 may soon military needs are better met through other for the future. It is something we be the only real long-range bomber in our ar- means. So why are we funding it? ought to be very, very serious about. senal. If we choose to close the only bomber Many people think its worth voting for just We think too many times in terms of production line currently open, the costs to re- because it will create jobs. But we all know the high drama and the glamour of the open that assembly later on would be high. It that $31 billion spent in education, transpor- Stealth, but I would submit, it is the makes no sense to close an assembly line tation, or construction creates far more jobs, range of the B–2 and it is the diversity producing our only long-range bomber when as the Congressional Research Service found of mission capability, bolstered by that we know we will eventually have to open it in a study it conducted. Not only does stealth, that makes the successes more again down the road. nondefense investment create more jobs, it obvious, more readily apparent, and The B±2 is not a high-priced techno-gadget; creates better jobs through a lasting invest- the safety of the men and women that in fact, one pair of B±2 bombers can actually ment in our children and for our country. We'll would man this piece of equipment do the work of 75 other aircraft. Buying more never have a secure Nation until we stop more secure. That is what we must of the stealth bomber makes a lot of economic using national security so loosely, and begin treasure and find precious here. sense, because it does the job with more talking about real national security that in- Mr. Chairman, finally let me say, bang for the buck!!! In a time of military cludes real economic security. The GAO con- yes, cost is important, but we cannot downsizing, nothing illustrates the idea of a cluded in its study that buying more B±2's June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5883 would be ``complex, time consuming and ex- Torkildsen Wamp Woolsey The result of the vote was announced tremely costly.'' Well, I maintain that it's not Towns Watt (NC) Wyden as above recorded. Upton Waxman Wynn just costly because it's money spent, it's ex- Velazquez Weldon (PA) Zeliff AMENDMENTS EN BLOC, AS MODIFIED, OFFERED travagant because that money should be bet- Vento White Zimmer BY MR. SPENCE ter spent. Waldholtz Wise Mr. SPENCE. Mr. Chairman, I offer I think we're calling this the long-range NOES—219 amendments en bloc, as modified. bomber because it's going to cost an arm and Ackerman Frelinghuysen Mica The CHAIRMAN. The Clerk will des- a leg in the long range. Let's leave the ``bat Allard Frisa Mollohan ignate the amendments en bloc and re- plane'' for the movies, and calculate our in- Armey Frost Montgomery port the modifications. Baesler Funderburk Moorhead The Clerk designated the amend- vestments according to our real economic and Baker (CA) Gallegly Moran military needs. Baker (LA) Gekas Murtha ments en bloc and proceeded to read The CHAIRMAN. All time has ex- Barr Geren Myers the modifications. Bartlett Gilchrest Nethercutt Mr. SPENCE (during the reading). pired. Bateman Gillmor Neumann The question is on the amendment Bentsen Gilman Norwood Mr. Chairman, I ask unanimous con- offered by the gentleman from Ohio Berman Gonzalez Ortiz sent that the modifications be consid- [Mr. KASICH]. Bevill Goss Oxley ered as read and printed in the RECORD. Bilirakis Graham Packard The CHAIRMAN. Is there objection The question was taken; and the Bishop Green Peterson (FL) Chairman announced that the noes ap- Bliley Hall (TX) Pickett to the request of the gentleman from peared to have it. Boehlert Hancock Pombo South Carolina? Boehner Hansen Pomeroy There was no objection. RECORDED VOTE Bonilla Harman Quillen The text of the amendments, as Mr. KASICH. Mr. Chairman, I de- Bono Hastert Richardson Borski Hastings (FL) Roberts modified, is as follows: mand a recorded vote. Brewster Hastings (WA) Rogers Amendments en bloc, as modified, offered A recorded vote was ordered. Browder Hayes Rohrabacher by Mr. SPENCE: The vote was taken by electronic de- Brown (CA) Hayworth Rose Brown (FL) Hefley Royce AMENDMENT OFFERED BY MR. MICA vice, and there were—ayes 203, noes 219, Bryant (TX) Hefner Salmon At the end of subtitle C of title I (page 20, not voting 12, as follows: Bunning Herger Saxton after line 25), insert the following new sec- [Roll No. 370] Burton Hilleary Scarborough tion: Buyer Hilliard Schaefer AYES—203 Callahan Hinchey Schiff SEC. 134. SONOBUOY PROGRAMS. Abercrombie Frank (MA) Moakley Calvert Hobson Scott Of the amount provided in section Andrews Franks (NJ) Molinari Canady Hoke Seastrand 102(a)(4)— Bachus Furse Morella Chambliss Holden Shaw (1) none of such amount shall be available Baldacci Ganske Nadler Chapman Horn Skeen for the AN/SSQ–53 (DIFAR) program; and Ballenger Gejdenson Neal Chenoweth Hostettler Skelton (2) $8,902,000 shall be available for the AN/ Chrysler Houghton Smith (NJ) Barcia Gibbons Ney SSQ–110 (EER) program. Barrett (NE) Goodlatte Nussle Clinger Hoyer Solomon Barrett (WI) Goodling Oberstar Clyburn Hunter Souder AMENDMENT, AS MODIFIED, OFFERED BY MR. Barton Gordon Obey Coleman Hyde Spence HANSEN Collins (GA) Inglis Spratt Bass Greenwood Olver At the end of subtitle E of title I (page 22, Becerra Gunderson Orton Cooley Istook Stearns Cox Jackson-Lee Stockman after line 14), insert the following new sec- Beilenson Gutierrez Owens tion: Bereuter Gutknecht Pallone Cramer Jefferson Stump Bilbray Hall (OH) Parker Crane Johnson (CT) Talent SEC. 153. ASSISTANCE FOR CHEMICAL WEAPONS Blute Hamilton Pastor Crapo Johnson, E. B. Tate STOCKPILE COMMUNITIES AF- Bonior Heineman Paxon Cubin Johnson, Sam Tauzin FECTED BY BASE CLOSURE. Brown (OH) Hoekstra Payne (NJ) Cunningham Jones Taylor (MS) The Secretary of Defense shall review and Brownback Hutchinson Payne (VA) Davis Kelly Taylor (NC) evaluate issues associated with closure and de la Garza Kennedy (RI) Tejeda Bryant (TN) Jacobs Peterson (MN) reutilization of Department of Defense facili- Bunn Johnson (SD) Petri Deal Kim Thomas DeLay King Thompson ties co-located with continuing chemical Burr Johnston Porter stockpile and chemical demilitarization op- Camp Kanjorski Portman Diaz-Balart Knollenberg Thornberry Cardin Kaptur Poshard Dicks LaHood Thornton erations. The review shall include analysis of Castle Kasich Pryce Dixon Laughlin Thurman the economic impacts on these communities Chabot Kennedy (MA) Quinn Dooley Lewis (CA) Tiahrt and the unique reuse problems facing local Christensen Kennelly Radanovich Doolittle Lewis (KY) Torres communities associated with ongoing chemi- Dornan Lightfoot Torricelli Clay Kildee Rahall cal weapons programs. The review should Clayton Kingston Ramstad Dreier Linder Traficant Dunn Livingston Tucker also include recommendations from the Sec- Clement Klink Rangel retary on methods for expeditious and cost- Coble Klug Reed Edwards Longley Visclosky Coburn Kolbe Regula Ehrlich Lucas Volkmer effective transfer of these facilities to local Collins (IL) Lantos Reynolds Emerson Manton Vucanovich communities for base reuse or privatization. Collins (MI) Largent Riggs Ensign Manzullo Walker The Secretary shall submit to Congress a re- Combest Latham Rivers Everett Matsui Walsh port on the review and evaluation not later Condit LaTourette Roemer Ewing McCarthy Ward Fawell McCollum Waters than 90 days after the date of the enactment Conyers Lazio Ros-Lehtinen of this Act. Costello Leach Roth Fazio McCrery Watts (OK) Coyne Levin Roukema Fields (LA) McDade Weldon (FL) AMENDMENT OFFERED BY MR. HANSEN Cremeans Lewis (GA) Roybal-Allard Fields (TX) McHugh Weller Filner McIntosh Whitfield At the end of title II (page 61, after line 2), Danner Lincoln Rush insert the following new section: DeFazio Lipinski Sabo Forbes McKeon Wicker DeLauro LoBiondo Sanders Fowler Meek Wolf SEC. 263. DEMILITARIZATION OF CONVENTIONAL Dellums Lofgren Sanford Fox Metcalf Young (AK) MUNITIONS, ROCKETS, AND EXPLO- Deutsch Lowey Sawyer Franks (CT) Meyers Young (FL) SIVES. Of the amount appropriated pursuant to Dickey Luther Schroeder NOT VOTING—12 Dingell Maloney Schumer the authorization in section 201 for the joint Doggett Markey Sensenbrenner Archer LaFalce Smith (TX) Department of Defense-Department of En- Doyle Martini Serrano Boucher Martinez Williams ergy munitions technology development pro- Duncan Mascara Shadegg Gephardt Myrick Wilson gram (PE 63225D), $15,000,000 shall be avail- Durbin McDermott Shays Kleczka Pelosi Yates Ehlers McHale Shuster able for cooperative development and dem- Engel McInnis Sisisky b 2050 onstration of processes that comply with ap- English McKinney Skaggs plicable environmental laws for the demili- Eshoo McNulty Slaughter Mr. TAYLOR of North Carolina and tarization and disposal of unserviceable, ob- Evans Meehan Smith (MI) Mr. ALLARD changed their vote from solete, or nontreaty compliant munitions, Farr Menendez Smith (WA) ‘‘aye’’ to ‘‘no.’’ rocket motors, and explosives. In carrying Fattah Mfume Stark out such development and demonstration, Flake Miller (CA) Stenholm Messrs. CHRISTENSEN, COBLE, and the Secretary of Defense and the Secretary Flanagan Miller (FL) Stokes GORDON changed their vote from ‘‘no’’ Foglietta Mineta Studds of Energy should consider a number of poten- Foley Minge Stupak to ‘‘aye.’’ tial technologies, including super-critical Ford Mink Tanner So the amendment was rejected. water oxidation, molten metal pyrolisis, H 5884 CONGRESSIONAL RECORD — HOUSE June 13, 1995 plasma arc, catalytic fluidized-bed oxidation, retary shall submit a report to the Congress appliances, shall be used to carry out the Ci- molten salt oxidation, incineration, critical describing those functions of the Defense vilian Marksmanship Program. fluid extraction and ingredient recovery, and Reutilization and Marketing Service that (3) TRANSFER OF FUNDS.—Amounts avail- underground contained burning. the Secretary believes should be currently able to the National Board for the Pro- AMENDMENT OFFERED BY MR. BATEMAN retained for exclusive performance by civil- motion of Rifle Practice as of the date of en- ian employees of the Department of Defense actment of this Act from rifle sales programs Page 80, strike out line 21 and all that fol- or military personnel and the reasons why and from fees in connection with competi- lows through line 17 on page 81, relating to such functions should be so retained. tions sponsored by that board shall be trans- section 335 of the bill (termination of over- ferred to the Corporation to carry out the Ci- seas living quarters allowances for AMENDMENT OFFERED BY MR. EDWARDS OR MR. vilian Marksmanship Program. nonappropriated fund instrumentality em- GILLMOR (4) FEES CHARGED.—The Corporation may ployees), and insert the following new sec- Page 121, strike out line 3 and all that fol- impose such reasonable fees as are necessary tion. lows through line 23 on page 130, relating to to cover the direct and indirect costs to the SEC. 335. LIMITATION ON PROVISION OF OVER- section 384 of the bill (conversion of civilian Corporation, for persons and gun clubs par- SEAS LIVING QUARTERS ALLOW- marksmanship program to nonappropriated ticipating in any program or competition ANCES FOR NONAPPROPRIATED fund instrumentality), and insert in lieu conducted under the Civilian Marksmanship FUND INSTRUMENTALITY EMPLOY- thereof the following new section: EES. Program for the promotion of rifle practice SEC. 384. CONVERSION OF THE CIVILIAN MARKS- (a) CONFORMING ALLOWANCE TO ALLOW- and firearms safety among civilians. MANSHIP PROGRAM TO A FEDER- (c) RESPONSIBILITIES.—The Corporation, ANCES FOR OTHER CIVILIAN EMPLOYEES.—Sub- ALLY CHARTERED NONPROFIT COR- through the Civilian Marksmanship Pro- ject to subsection (b), any overseas living PORATION. gram, shall provide for— quarters allowance paid from (A) CORPORATION.— (1) the operation and maintenance of in- nonappropriated funds and provided to a (1) ESTABLISHMENT.—There is hereby estab- door and outdoor rifle ranges and their ac- nonappropriated fund instrumentality em- lished a private nonprofit corporation, to be cessories and appliances; ployee after the date of the enactment of known as the Corporation for the Promotion (2) the instruction of citizens of the United this Act may not exceed the amount of a of Rifle Practice and Firearms Safety (in States in marksmanship, and the employ- quarters allowance provided under sub- this section referred to as the ‘‘Corpora- ment of trained instructors for the purpose; chapter III of chapter 59 of title 5 to a simi- tion’’), for the promotion of rifle practice (3) the promotion of practice in the use of larly situated civilian employee of the De- and firearms safety. rifled arms and the maintenance and man- partment of Defense paid from appropriated (2) DUTIES.—The Corporation shall be re- agement of matches and competitions in the funds. sponsible for the supervision, oversight, and use of those arms; and (b) APPLICATION TO CERTAIN CURRENT EM- control of the Civilian Marksmanship Pro- (4) the award to competitors of trophies, PLOYEES.—In the case of a nonappropriated gram. prizes, badges, and other insignia. fund instrumentality employee who, as of (3) MEMBERSHIP.—The Corporation shall (d) YOUTH ACTIVITIES.—The Corporation, the date of the enactment of this Act, re- have a board of directors consisting of nine through the Civilian Marksmanship Pro- ceives an overseas living quarters allowance members. Each member shall serve for a gram, shall give priority to activities that under any other authority, subsection (a) two-year term, except for four members of benefit firearms safety training and competi- shall apply to such employee only after the the initial board of directors, who shall serve tion for youth and reach as many youth par- earlier of— a one-year term, and shall be eligible for re- ticipants as possible. (1) September 30, 1998; or appointment. The private members of the (e) ELIGIBILITY.— (2) the date on which the employee other- National Board for the Promotion of Rifle (1) AFFIDAVIT.—Before a person may par- wise ceases to be eligible for such an allow- Practice, as in existence on the day before ticipate in any activity sponsored or sup- ance under such other authority. the date of the enactment of this Act, shall ported by the Civilian Marksmanship Pro- (c) NONAPPROPRIATED FUND INSTRUMENTAL- forward nominations for membership on the gram, the person shall be required to certify ITY EMPLOYEE DEFINED.—For purposes of this initial board of directors of the Corporation by affidavit the following: section, the term ‘‘nonappropriated fund in- to the governing body designated by the (A) The person has not been convicted of strumentality employee’’ has the meaning United States Olympic Committee for inter- any violation of section 922 of title 18, United given such term in section 1587(a)(1) of title national rifle and pistol competition (in this States Code. The Director may require any 10, United States Code. section referred to as the ‘‘USOC designee’’) person to attach certification from the ap- AMENDMENT, AS MODIFIED OFFERED BY MS. not later than 10 days after the date of the propriate State or Federal law enforcement DUNN OF WASHINGTON enactment of this Act. Unless the nomina- agency to the person’s affidavit. tion is rejected by the USOC designee by Page 98, strike out lines 3 through 8, relat- (B) The person is not a member of any or- written notification to the existing members ing to section 359 of the bill (increase in com- ganization that advocates the violent over- of the National Board within 30 days of the mercial procurement of printing and duplica- throw of the United States Government. nomination, the nominee shall be seated as a tion services), and insert the following new (2) EFFECT OF CONVICTION.—A person who member of the board of directors of the Cor- section: has been convicted of a violation of section poration. Members of the board of directors 922 of title 18, United States Code, shall not SEC. 359. COMMERCIAL PROCUREMENT OF shall nominate individuals to fill subsequent PRINTING AND DUPLICATION SERV- be eligible to participate in any activity ICES. vacancies within 10 days of the vacancy, sponsored or supported by the Corporation with a right of rejection reserved to the Consistent with the requirements of title through the Civilian Marksmanship Pro- USOC designee by written notification to the 44, United States Code, during fiscal year gram. Corporation within 30 days of each nomina- 1996, the Defense Printing Service shall com- (3) FURTHER LIMITATIONS ON PARTICIPA- tion. petitively procure a minimum of 70 percent TION.—The Director may limit participation (4) DIRECTOR OF CIVILIAN MARKSMANSHIP of its printing and duplication services. as necessary to ensure quality instruction in AND STAFF.—The Corporation shall appoint a the rifled arms, participant safety, and fire- MODIFICATION TO THE AMENDMENT, AS person to serve as the Director of Civilian arms security. MODIFIED, OFFERED BY MR. SMITH OF MICHIGAN Marksmanship, who shall be responsible for (f) ARMS AND AMMUNITION.— Page 98, strike out line 22 and all that fol- the day to day operations of the Corporation (1) ISSUANCE.—The Corporation may issue, lows through line 3 on page 99, relating to and the Civilian Marksmanship Program. without cost, the arms, ammunition (includ- section 361 of the bill (operations of Defense Subject to the approval of the Corporation, ing caliber .22 and caliber .30 ammunition), Reutilization and Marketing Service), and the Director and civilian employees of the targets, and other supplies and appliances insert the following new section: Corporation may enroll or remain enrolled necessary for activities related to the Civil- SEC. 361. PRIVATE OPERATION OF FUNCTIONS without penalty or loss of credit in all pen- ian Marksmanship Program. Issuance shall OF DEFENSE REUTILIZATION AND sion and benefits programs available to civil- be made only to gun clubs under the direc- MARKETING SERVICE. ian employees of the Department of Defense, tion of the Corporation that provide training (a) SOLICITATION OF PROPOSALS.—(1) Not the employer’s contribution to be paid by in the use of rifled arms to youth, the Boy later than March 15, 1996, the Secretary of the Corporation. Scouts of America, 4–H Clubs, Future Farm- Defense shall solicit for the selected per- (b) SOLICITATION AND RECEIPT OF FUNDS.— ers of America, and other youth-oriented or- formance by commercial entities of those (1) IN GENERAL.—The Corporation and the ganizations for training and competition. functions of the Defense Reutilization and Director may solicit, accept, hold, use, and The Corporation shall be responsible for en- Marketing Service, a unit of the Defense Lo- dispose of, in furtherance of the activities of suring adequate oversight and accountabil- gistics Agency, for which the Secretary de- the Civilian Marksmanship Program, dona- ity for these arms and ammunition. termines that privatization would result in tions of money, property, and services re- (2) SALE TO CLUBS.—The Corporation may cost savings for the United States and the ceived by gift, devise, bequest, or otherwise. sell at fair market value caliber .30 rifles and generation of additional revenues for the (2) USE OF PROCEEDS.—Amounts collected ammunition for caliber .30 rifles, .22 rifles, United States. by the Civilian Marksmanship Program, in- and air rifles to gun clubs that are under the (b) REPORT ON RETENTION OF FUNCTIONS.— cluding the proceeds from the sale of arms, direction of the Corporation and provide Not later than January 15, 1996, the Sec- ammunition, targets and other supplies and training in the use of rifled arms. In lieu of June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5885 sales, the Civilian Marksmanship Program Forces, and any civilian employee of the telligence Agency to have responsibility may loan caliber .30 rifles, .22 rifles, and air United States or contractor of the United within that Agency for matters relating to rifles to such clubs, but the Corporation is States who serves with or accompanies the missing persons. responsible for ensuring the oversight and Armed Forces in the field under orders, is ac- ‘‘(4) The President shall direct the heads of accountability of such rifles. counted for by the United States (by the re- such other departments and agencies as the (3) SALE TO INDIVIDUALS.—The Corporation turn of such person alive, by the return of President considers appropriate to make a may sell at fair market value caliber .30 ri- the remains of such person, or by the deci- similar designation for their respective de- fles, ammunition, targets, and other supplies sion that credible evidence exists to support partments and agencies. and appliances necessary for target practice another determination of the status of such ‘‘(c) UNIFORM DOD PROCEDURES.—(1) The to citizens of the United States over 18 years person) and, as a general rule, is not declared Secretary of Defense shall prescribe proce- of age who are members of a gun club under dead solely because of the passage of time. dures, to apply uniformly through the De- the direction of the Corporation. Such sales (b) IN GENERAL.—(1) Part II of subtitle A of partment of Defense, for— are subject to applicable Federal, State, and title 10, United States Code, is amended by ‘‘(A) the determination of the status of local laws. In addition to any other require- inserting after chapter 75 the following new persons described in subsection (d); and ment, the Corporation shall provide for a chapter: ‘‘(B) for the systematic, comprehensive, criminal records check of the person with ap- ‘‘CHAPTER 76—MISSING PERSONS and timely collection, analysis, review, dis- propriate Federal and State law enforcement semination, and periodic update of informa- agencies, and the Corporation shall not sell ‘‘Sec. ‘‘1501. System for accounting for missing tion related to such persons. weapons or ammunition to a person who has ‘‘(2) Such procedures shall be prescribed in persons. been convicted of a felony or Federal or a single directive applicable to all elements State firearms violation. ‘‘1502. Missing persons: initial report. ‘‘1503. Initial board inquiry; actions of thea- of the Department of Defense. (g) OTHER DUTIES.—The Corporation shall ‘‘(3) As part of such procedures, the Sec- provide for or assist in providing for— ter component commander and head of the agency. retary may provide for the extension, on a (1) the procurement of necessary supplies, case-by-case basis, of any time limit speci- appliances, trophies, prizes, badges, and ‘‘1504. Subsequent board inquiry; actions of head of the agency. fied in section 1502, 1503, or 1504 of this title. other insignia, clerical and other services, Any such extension may not be for a period and labor to carry out the Civilian Marks- ‘‘1505. Further review. ‘‘1506. Personnel files. in excess of one-half of the period with re- manship Program; and spect to which the extension is provided. (2) transportation of employees, instruc- ‘‘1507. Recommendation of status of death. Subsequent extensions may be provided on tors, and civilians to give or receive instruc- ‘‘1508. Judicial review. the same basis. tion or to assist or engage in practice in the ‘‘1509. Persons previously declared dead. ‘‘1510. Procedures applicable in case of civil- ‘‘(d) COVERED PERSONS.—Section 1502 of use of rifled arms, and the transportation this title applies in the case of the following and subsistence, or an allowance in lieu of ians. ‘‘1511. Return alive of person declared miss- persons: subsistence, of members of teams authorized ‘‘(1) Any member of the armed forces on by the Corporation to participate in matches ing or dead. ‘‘1512. Effect on State law. active duty who disappears as a result of a or competitions in the use of rifled arms. ‘‘1513. Definitions. hostile action, or under circumstances sug- (h) AUTHORITY OF SECRETARY OF DEFENSE gesting that the disappearance is a result of TO SELL SURPLUS ARMS AND AMMUNITION.— ‘‘§ 1501. System for accounting for missing a hostile action, and whose status is undeter- Subject to section 1208 of the National De- persons mined or who is unaccounted for (except fense Authorization Act for Fiscal Years 1990 ‘‘(a) OFFICE FOR MISSING PERSONNEL.—(1) under circumstances suggesting that the dis- and 1991 (Public Law 101–189; 10 U.S.C. 372 The Secretary of Defense shall establish appearance is voluntary). note), relating to the transfer of excess small within the Office of the Secretary of Defense ‘‘(2) Any civilian employee of the United arms and ammunition to support Govern- an office to have responsibility for Depart- States or employee of a contractor of the ment counter drug activities, the Secretary ment of Defense policy relating to missing United States who, while serving with or ac- of the Army shall reserve for the Civilian persons. Subject to the authority, direction, companying the armed forces in the field, Marksmanship Program all remaining M–1 and control of the Secretary of Defense, the disappears under circumstances described in Garand rifles, and ammunition for such ri- responsibilities of the office shall include— paragraph (1) and whose status is undeter- fles, held by the Army on the date of the en- ‘‘(A) policy, control, and oversight within mined or who is unaccounted for (except actment of this Act. After such date, the the Department of Defense of the entire under circumstances suggesting that the dis- Secretary of the Army shall cease demili- process for investigation and recovery (in- appearance is voluntary). tarization of remaining M–1 Garand rifles in cluding search and rescue) related to missing ‘‘(e) PRIMARY NEXT OF KIN.—The individual the Army inventory unless such rifles are de- persons; and who is primary next of kin of a person de- termined to be irreparable by the Defense ‘‘(B) coordination for the Department of scribed in subsection (d) may for purposes of Logistics Agency. Any transfers of arms and Defense with other departments and agencies this chapter designate another individual to ammunition to the Corporation under this of the United States on all matters concern- act on behalf of that individual as primary section shall be made without cost to the Ci- ing missing persons. next of kin. The Secretary of Defense shall vilian Marksmanship Program, except that ‘‘(2) In carrying out the responsibilities of treat an individual so designated as if the in- the Corporation shall assume the cost of the office established under this subsection, dividual designated were the primary next of preparation and transportation of the trans- the head of the office shall coordinate the ef- kin for purposes of this chapter. A designa- ferred rifles. forts of that office with those of other de- tion under this subsection may be revoked at (i) LOGISTICAL SUPPORT TO CIVILIAN MARKS- partments and agencies and other elements any time by the person who made the des- MANSHIP PROGRAM.—The Secretary of De- of the Department of Defense for such pur- ignation. fense, under such regulations as the Sec- poses and shall be responsible for the coordi- ‘‘(f) TERMINATION OF APPLICABILITY OF PRO- retary may prescribe, may provide logistical nation for such purposes within the Depart- CEDURES WHEN MISSING PERSON IS AC- support to the Civilian Marksmanship Pro- ment of Defense among the military depart- COUNTED FOR.—The provisions of this chap- gram, for competitions and other activities ments, the Joint Staff, and the commanders conducted by the Corporation. The Secretary ter relating to boards of inquiry and to ac- of the combatant commands. tions by the Secretary concerned on the re- shall recoup only the incremental cost for ‘‘(3) The office shall establish policies, ports of those boards shall cease to apply in this support from the Corporation. The Na- which shall apply uniformly through the De- the case of a missing person upon that per- tional Matches may continue to be held at partment of Defense, for personnel recovery son becoming accounted for or otherwise the current Department of Defense facilities (including search and rescue). being determined to be in a status other as part of the support authorized under this ‘‘(4) The office shall establish procedures than the status of missing or missing in ac- section. to be followed by Department of Defense tion. (j) REPEAL.—(1) Sections 4307, 4308, 4310, boards of inquiry, and by officers reviewing and 4311 of title 10, United States Code, are the reports of such boards, under this chap- ‘‘§ 1502. Missing persons: initial report by unit repealed. ter. commander (2) The table of sections at the beginning of ‘‘(b) OTHER DEPARTMENTS AND AGENCIES.— ‘‘(a) PRELIMINARY ASSESSMENT AND REC- chapter 401 of such title is amended by strik- (1) The Secretary of State shall designate an OMMENDATION BY COMMANDER.—After receiv- ing out the items relating to sections 4307, officer of the Department of State to have ing information that the whereabouts or sta- 4308, 4310, and 4311. responsibility within that Department for tus of a person described in section 1501(d) of AMENDMENT OFFERED BY MR. GILMAN matters relating to missing persons. this title is uncertain and that the absence Strike out section 563 (page 238, line 1, ‘‘(2) The Secretary of Transportation shall of the person may be involuntary, the com- through page 271, line 19) and insert in lieu designate an officer of the Department of mander of the unit, facility, or area to or in thereof the following: Transportation to have responsibility within which the person is assigned shall make a SEC. 563. DETERMINATION OF WHEREABOUTS that Department for matters relating to preliminary assessment of the cir- AND STATUS OF MISSING PERSONS. missing persons. cumstances. If, as a result of that assess- (a) PURPOSE.—The purpose of this section ‘‘(3) The Director of Central Intelligence ment, the commander concludes that the is to ensure that any member of the Armed shall designate an officer of the Central In- person is missing, the commander shall— H 5886 CONGRESSIONAL RECORD — HOUSE June 13, 1995 ‘‘(1) recommend that the person be placed tapes, messages, maps, sketches, reports, and board or were otherwise used by the board in in a missing status; and other information (whether classified or un- forming recommendations under subpara- ‘‘(2) not later than 48 hours after receiving classified) relating to the whereabouts or graph (B). such information, transmit that rec- status of each person covered by the inquiry; ‘‘(2) A report under this subsection with re- ommendation to the theater component ‘‘(B) gather information relating to actions spect to a missing person shall be submitted commander with jurisdiction over the miss- taken to find the person, including any evi- not later than 45 days after the date on ing person in accordance with procedures dence of the whereabouts or status of the which that person is first reported missing. prescribed under section 1501(c) of this title. person arising from such actions; and ‘‘(3) A report submitted under this sub- ‘‘(b) FORWARDING OF RECORDS.—The com- ‘‘(C) maintain a record of its proceedings. section may not be made public until one mander making the initial assessment shall ‘‘(2) The commander who appoints a board year after the date on which the report is (in accordance with procedures prescribed under this section may request the com- submitted. under section 1501(c) of this title) safeguard mander of the combatant command to pro- ‘‘(j) REVIEW AND DETERMINATION OF STATUS and forward for official use any information vide such assistance as the board or the com- BY COMPONENT COMMANDER.—(1) Not later relating to the whereabouts or status of the mander may require for purposes of this sec- than 15 days after the date of the receipt of person that result from the preliminary as- tion. a report under subsection (i), the commander sessment or from actions taken to locate the ‘‘(f) COUNSEL FOR MISSING PERSON.—(1) The who appointed the board shall review— person. commander appointing a board to conduct an ‘‘(A) the report; and inquiry under this section shall appoint ‘‘§ 1503. Initial board inquiry; actions of thea- ‘‘(B) the review of that report submitted counsel to represent each person covered by under subsection (f)(4) by the missing per- ter component commander and head of the the inquiry, or, in the case described by agency son’s counsel. 1503(c) of this title, one counsel to represent ‘‘(2) In reviewing a report under paragraph ‘‘(a) APPOINTMENT OF BOARD.—Not later all persons covered by the inquiry. Counsel (1), the commander receiving the report shall than ten days after receiving notification appointed under this paragraph may be re- determine whether or not the report is com- under section 1502(a)(2) of this title that a ferred to as ‘missing person’s counsel’. plete and free of administrative error. If the person has been recommended for placement ‘‘(2) To be appointed as a missing person’s commander determines that the report is in- in a missing status, the theater component counsel, a person must— complete, or that the report is not free of ad- commander to whom the notification is ‘‘(A) have the qualifications specified in ministrative error, the commander may re- transmitted shall appoint a board to conduct section 827(b) of this title (article 27(b) of the turn the report to the board for further ac- an inquiry into the whereabouts and status Uniform Code of Military Justice) for trial tion on the report by the board. of the person. counsel or defense counsel detailed for a gen- ‘‘(3) Upon a determination by the com- ‘‘(b) INQUIRIES INVOLVING MORE THAN ONE eral court-martial; and mander reviewing a report under this sub- MISSING PERSON.—If it appears to the com- ‘‘(B) have a security clearance that affords section that the report is complete and free mander who appoints a board under this sec- the counsel access to all information relat- of administrative error, the commander tion that the absence or missing status of ing to the whereabouts or status of the per- shall make a determination of the status of two or more persons is factually related, the son or persons covered by the inquiry. each person covered by the report. commander may appoint a single board ‘‘(3) A missing person’s counsel— ‘‘(4) The report, together with the deter- under this section to conduct the inquiry ‘‘(A) shall have access to all facts and evi- mination under paragraph (3), shall be dence considered by the board during the into the whereabouts or status of all such promptly forwarded to the commander of the proceedings under the inquiry for which the persons. combatant command for the geographic area counsel is appointed; ‘‘(c) COMPOSITION.—(1) A board appointed in which the missing person disappeared. ‘‘(B) shall observe all official activities of under this section shall consist of at least ‘‘(k) REVIEW BY CINC.—(1) The commander one individual described in paragraph (2) who the board during such proceedings; of the combatant command shall review a re- has experience with and understanding of ‘‘(C) may question witnesses before the port received under subsection (j)(4). Not board; and military operations or activities similar to later than 30 days after receiving such re- ‘‘(D) shall monitor the deliberations of the the operation or activity in which the person port, that commander shall forward that re- disappeared. board; and ‘‘(4) A missing person’s counsel shall re- port to the Secretary concerned. In the case ‘‘(2) An individual referred to in paragraph of a missing person who is a member of the (1) is the following: view the report of the board under sub- section (i) and submit to the commander who Army, Navy, Air Force, or Marine Corps, the ‘‘(A) A military officer, in the case of an report shall be forwarded to or through the inquiry with respect to a member of the appointed the board an independent review of that report. That review shall be made an Secretary of Defense in accordance with pro- armed forces. cedures prescribed under section 1501(c) of ‘‘(B) A civilian, in the case of an inquiry official part of the record of the board. ‘‘(g) ACCESS TO PROCEEDINGS.—The pro- this title. with respect to a civilian employee of the ceedings of a board during an inquiry under ‘‘(2) The review under paragraph (1) shall United States or of a contractor of the Unit- this section shall be closed to the public (in- be conducted in accordance with procedures ed States. cluding, with respect to any missing person prescribed under section 1501(a)(3) of this ‘‘(3) An individual may be appointed as a covered by the inquiry, the primary next of title. member of a board under this section only if kin, other members of the immediate family, ‘‘(l) DETERMINATION BY SECRETARY.—(1) the individual has a security clearance that and any other previously designated person The Secretary of Defense (or the Secretary affords the member access to all information designated under section 655 of this title). of the military department concerned acting relating to the whereabouts and status of the ‘‘(h) RECOMMENDATION ON STATUS OF MISS- under delegation of authority from the Sec- missing persons covered by the inquiry. ING PERSONS.—(1) Upon completion of its in- retary of Defense) shall review the deter- ‘‘(d) DUTIES OF BOARD.—A board appointed quiry, a board appointed under this section minations of a theater component com- to conduct an inquiry into the whereabouts shall make a recommendation to the com- mander in a report forwarded under this sec- or status of a missing person under this sec- mander who appointed the board as to the tion. tion shall— appropriate determination of the current ‘‘(2) After conducting such review, the Sec- ‘‘(1) collect, develop, and investigate all whereabouts or status of each person whose retary shall make a determination, with re- facts and evidence relating to the disappear- whereabouts were covered by the inquiry. spect to each person whose status is covered ance, whereabouts, or status of that person; ‘‘(2)(A) A board may not recommend under by the report, whether to leave unchanged ‘‘(2) collect appropriate documentation of paragraph (1) that a person be declared dead the status of such person as determined by the facts and evidence covered by the inves- unless the board determines that the evi- the theater component commander under tigation; dence before it established conclusive proof subsection (j)(3) or whether to change that ‘‘(3) analyze the facts and evidence, make of the death of the person. status to another appropriate status, as de- findings based on that analysis, and draw ‘‘(B) In this paragraph, the term ‘conclu- termined by the Secretary. conclusions as to the current whereabouts sive proof of death’ means evidence estab- ‘‘(3) In making such determination, the and status of the person; and lishing that death is the only credible expla- Secretary may convene a board in accord- ‘‘(4) with respect to each person covered by nation for the absence of the person. ance with section 1504 of this title. the inquiry, recommend to the commander ‘‘(i) REPORT.—(1) A board appointed under ‘‘(m) REPORT TO FAMILY MEMBERS AND who appointed the board that— this section shall submit to the commander OTHER INTERESTED PERSONS.—Not later than ‘‘(A) the person be placed in a missing sta- who appointed it a report on the inquiry car- 30 days after the date on which the Secretary tus; or ried out by the board. The report shall in- makes a determination under subsection (k), ‘‘(B) the person be declared to have de- clude— the Secretary of Defense, acting through the serted, to be absent without leave, or to be ‘‘(A) a discussion of the facts and evidence head of the office established under section dead. considered by the board in the inquiry; 1501(a) of this title, shall— ‘‘(e) INQUIRY PROCEEDINGS.—(1) During the ‘‘(B) the recommendation of the board ‘‘(1) provide an unclassified summary of proceedings of an inquiry under this section, under subsection (h) with respect to each the report of the board (including the name a board shall— person covered by the report; and of the missing person’s counsel for the in- ‘‘(A) collect, record, and safeguard all ‘‘(C) disclosure of whether classified docu- quiry, the names of the members of the facts, documents, statements, photographs, ments and information were reviewed by the board, and the name of the commander who June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5887 convened the board) to the primary next of ‘‘(B) One member of each board appointed documents relating to the whereabouts and kin, to the other members of the immediate under this subsection shall be an individual status of the person; family, and to any other previously des- who— ‘‘(C) shall be afforded the opportunity to ignated person of the missing person; and ‘‘(i) has an occupational specialty similar present information at the proceedings of ‘‘(2) inform each individual to whom such to that of one or more of the persons covered the board that such individual considers to summary is provided that the United States by the inquiry; and be relevant to those proceedings; and will conduct a subsequent inquiry into the ‘‘(ii) has an understanding of and expertise ‘‘(D) subject to paragraph (5), shall be whereabouts or status of the person not ear- in the official activities of one or more such given the opportunity to submit in writing lier than one year after the date of the first persons at the time such person or persons objection to any recommendation of the official notice of the disappearance of the disappeared. board under subsection (k) as to the status of missing person, unless information becomes ‘‘(g) DUTIES OF BOARD.—A board appointed the missing person. available sooner that would result in a sub- under this section to conduct an inquiry into ‘‘(5) Objections under paragraph (4)(D) to stantial change in the determination of the the whereabouts or status of a person shall— any recommendation of the board shall be status of the person. ‘‘(1) review the report under subsection (i) submitted to the president of the board not later than 30 days after the date on which ‘‘§ 1504. Subsequent board inquiry; actions of of section 1503 of this title of the board ap- the recommendations are made. The presi- head of the agency pointed to conduct the inquiry into the sta- tus or whereabouts of the person under sec- dent shall include any such objections in the ‘‘(a) ADDITIONAL BOARD.—If information on tion 1503 of this title and the recommenda- report of the board under subsection (k). the whereabouts or status of a person cov- tion under subsection (j)(3) of that section of ‘‘(6) An individual referred to in paragraph ered by an inquiry under section 1503 of this the commander who appointed the board (1) who attends the proceedings of a board title becomes available within one year after under that subsection as to the status of the under this subsection shall not be entitled to the date of the submission of the report sub- person; reimbursement by the United States for any mitted under section 1502 of this title, the ‘‘(2) collect and evaluate any document, costs (including travel, lodging, meals, local Secretary of Defense, acting through the fact, or other evidence with respect to the transportation, legal fees, transcription head of the office established under section whereabouts or status of the person that has costs, witness expenses, and other expenses) 1501(a) of this title, shall appoint a board become available since the completion of the incurred by that individual in attending such under this section to conduct an inquiry into inquiry under section 1503 of this title; proceedings. the information ‘‘(j) AVAILABILITY OF INFORMATION TO ‘‘(3) draw conclusions as to the where- ‘‘(b) AUTHORITY FOR INQUIRY.—The Sec- BOARDS.—(1) In conducting proceedings in an abouts or status of the person; retary of Defense may delegate authority inquiry under this section, a board may se- ‘‘(4) determine on the basis of the activi- over such subsequent inquiry to the Sec- cure directly from any department or agency ties under paragraphs (1) and (2) whether the retary concerned. of the United States any information that status of the person should be continued or ‘‘(c) SECRETARY CONCERNED.—In this chap- the board considers necessary in order to changed; and ter, the term ‘Secretary concerned’, in the conduct the proceedings. ‘‘(5) submit to the Secretary of Defense a case of a civilian employee of the United ‘‘(2) Upon written request from the presi- report describing the findings and conclu- States or contractor of the United States, dent of a board, the head of a department or sions of the board, together with a rec- means the Secretary of the executive depart- agency of the United States shall release in- ommendation for a determination by the ment or head of the agency employing the formation covered by the request to the Secretary concerning the whereabouts or employee or contracting with the contrac- board. In releasing such information, the status of the person. tor, as the case may be. head of the department or agency shall— ‘‘(h) COUNSEL FOR MISSING PERSONS.—(1) ‘‘(d) DATE OF APPOINTMENT.—The Sec- ‘‘(A) declassify to an appropriate degree When the Secretary appoints a board to con- retary shall appoint a board under this sec- classified information; or duct an inquiry under this section, the Sec- tion to conduct an inquiry into the where- ‘‘(B) release the information in a manner retary shall appoint counsel to represent abouts and status of a missing person on or not requiring the removal of markings indi- each person covered by the inquiry. about one year after the date of the report cating the classified nature of the informa- ‘‘(2) A person appointed as counsel under tion. concerning that person submitted under sec- this subsection shall meet the qualifications tion 1502 of this title. ‘‘(3)(A) If a request for information under and have the duties set forth in section paragraph (2) covers classified information ‘‘(e) COMBINED INQUIRIES.—If it appears to 1503(f) of this title for a missing person’s the Secretary that the absence or status of that cannot be declassified, cannot be re- counsel appointed under that section. moved before release from the information two or more persons is factually related, the ‘‘(3) The review of the report of a board on Secretary may appoint one board under this covered by the request, or cannot be summa- an inquiry that is submitted by such counsel rized in a manner that prevents the release section to conduct the inquiry into the shall be made an official part of the record of whereabouts or status of all such persons. of classified information, the classified infor- the board with respect to the inquiry. mation shall be made available only to presi- ‘‘(f) COMPOSITION.—(1) Subject to para- ‘‘(i) ATTENDANCE OF FAMILY MEMBERS AND graphs (2) and (3), a board appointed under dent of the board making the request and the CERTAIN OTHER INTERESTED PERSONS AT PRO- counsel for the missing person appointed this section shall consist of the following: CEEDINGS.—(1) With respect to any person ‘‘(A) In the case of a board appointed to in- under subsection (f). covered by an inquiry under this section, the ‘‘(B) The president of a board shall close to quire into the whereabouts or status of a primary next of kin, other members of the persons who do not have appropriate secu- member of the armed forces, not less than immediate family, and any other previously rity clearances those portions of the proceed- three officers having the grade of major or designated person of the missing person may ing of the Board during which classified in- lieutenant commander or above. attend the proceedings of the board during formation is discussed. Participants at a pro- ‘‘(B) In the case of a board appointed to in- the inquiry in accordance with this section. ceeding of a board at which classified infor- quire into the whereabouts or status of a ci- ‘‘(2) The Secretary shall notify each indi- mation is discussed shall comply with all ap- vilian employee of the United States or an vidual referred to in paragraph (1) of the op- plicable laws and regulations relating to the employee of a contractor of the United portunity to attend the proceedings of a disclosure of classified information. The Sec- States— board. Such notice shall be provided not less retary concerned shall assist the president of ‘‘(i) not less than three employees of the than 60 days before the first meeting of the a board in ensuring that classified informa- Department of Defense whose rate of annual board. tion is not compromised through board pro- pay is equal to or greater than the rate of ‘‘(3) An individual who receives a notice ceedings. annual pay payable for grade GS–13 of the under paragraph (2) shall notify the Sec- ‘‘(k) RECOMMENDATION ON STATUS.—(1) General Schedule under section 5332 of title retary of the intent, if any, of that individ- Upon completion of an inquiry under this 5; and ual to attend the proceedings of the board subsection, a board shall make a rec- ‘‘(ii) such members of the armed forces as not less than 21 days after the date on which ommendation as to the current whereabouts the Secretary of Defense considers advisable. the individual receives the notice. or status of each missing person covered by ‘‘(2) The Secretary shall designate one ‘‘(4) Each individual who notifies the Sec- the inquiry. member of a board appointed under this sec- retary under paragraph (3) of the individual’s ‘‘(2) A board may not recommend under tion as president of the board. The president intent to attend the proceedings of the paragraph (1) that a person be declared dead of the board shall have a security clearance board— unless— that affords the president access to all infor- ‘‘(A) in the case of an individual who is the ‘‘(A) proof of death is established by the mation relating to the whereabouts and sta- primary next of kin or the previously des- board; and tus of each person covered by the inquiry. ignated person, may attend the proceedings ‘‘(B) in making the recommendation, the ‘‘(3)(A) One member of each board ap- of the board with private counsel; board complies with section 1507 of this title. pointed under this subsection shall be an at- ‘‘(B) shall have access to the personnel file ‘‘(l) REPORT.—A board appointed under this torney or judge advocate who has expertise of the missing person, to unclassified reports section shall submit to the Secretary of De- in the public law relating to missing persons, (if any) of the board appointed under section fense a report on the inquiry carried out by the determination of death of such persons, 1503 of this title to conduct the inquiry into the board, together with the evidence consid- and the rights of family members and de- the whereabouts and status of the person, ered by the board during the inquiry. The re- pendents of such persons. and to any other unclassified information or port may include a classified annex. H 5888 CONGRESSIONAL RECORD — HOUSE June 13, 1995

‘‘(m) ACTIONS BY SECRETARY.—(1) Not later appointed under this section shall be gov- ‘‘§ 1508. Judicial review than 30 days after the receipt of a report erned by the provisions of section 1504 of this ‘‘(a) IN GENERAL.—(1) A person referred to from a board under subsection (k), the Sec- title with respect to a board appointed under in paragraph (2) may obtain review of a find- retary shall review— that section. ing described in paragraph (3) by the court of ‘‘(A) the report; ‘‘§ 1506. Personnel files appeals of the United States for the circuit ‘‘(B) the review of the report submitted to in which the person resides or in which the the Secretary under subsection (f)(3) by the ‘‘(a) INFORMATION IN FILES.—Except as pro- vided in subsection (b), the Secretary of the finding was made. Judicial review under this counsel for each person covered by the re- section shall be as provided in section 706 of port; and department having jurisdiction over a miss- ing person at the time of the person’s dis- title 5. ‘‘(C) the objections, if any, to the report ‘‘(2) Paragraph (1) applies to any of the fol- submitted to the president of the board appearance shall, to the maximum extent practicable, ensure that the personnel file of lowing persons with respect to a missing per- under subsection (g)(6). son subject to a finding described in para- ‘‘(2) In reviewing a report under paragraph the person contains all information in the possession of the United States relating to graph (3): (1) (including the review and objections de- ‘‘(A) The primary next of kin of the person. scribed in subparagraphs (A) and (B) of that the disappearance and whereabouts or status of the person. ‘‘(B) A member of the immediate family of paragraph), the Secretary shall determine the person. whether or not the report is complete and ‘‘(b) CLASSIFIED INFORMATION.—(1) The Sec- ‘‘(C) A dependent of the person. free of administrative error. If the Secretary retary concerned may withhold classified in- ‘‘(D) A person previously designated by the determines that the report is incomplete, or formation from a personnel file under this person. section. that the report is not free of administrative ‘‘(3) Paragraph (1) applies to the following error, the Secretary may return the report ‘‘(2) If the Secretary concerned withholds findings: to the board for further action on the report classified information from the personnel ‘‘(A) A finding by a board appointed under by the board. file of a person, the Secretary shall ensure section 1504 or 1505 of this title that a miss- ‘‘(3) Upon a determination by the Sec- that the file contains the following: ing person is dead. retary that a report reviewed under this sub- ‘‘(A) A notice that the withheld informa- ‘‘(B) A finding by a board appointed under section is complete and free of administra- tion exists. section 1509 of this title that confirms that a tive error, the Secretary shall make a deter- ‘‘(B) A notice of the date of the most re- missing person formerly declared dead is in mination concerning the status of each per- cent review of the classification of the with- fact dead. son covered by the report. held information. ‘‘(n) REPORT TO FAMILY MEMBERS AND ‘‘(4) A person referred to in paragraph (2) ‘‘(c) WRONGFUL WITHHOLDING.—Any person shall request review of a finding under this OTHER INTERESTED PERSONS.—Not later than who knowingly and willfully withholds from 90 days after the date on which a board sub- subsection by filing with the appropriate the personnel file of a missing person any in- court a written petition requesting that the mits a report on a person under subsection formation (other than classified informa- (l), the Secretary of Defense shall— finding be set aside. tion) relating to the disappearance or where- ‘‘(b) FINALITY.—The decision of the court ‘‘(1) with respect to each missing person abouts or status of a missing person shall be whose status or whereabouts are covered by of appeals on a petition for review under sub- fined as provided in title 18 or imprisoned section (a) is final, except that such decision the report, provide an unclassified summary not more than one year, or both. of the report to the primary next of kin, the is subject to review by the Supreme Court ‘‘(d) AVAILABILITY OF INFORMATION.—The upon certiorari, as provided in section 1254 of other members of the immediate family, and Secretary concerned shall, upon request, any other previously designated person; and title 28. make available the contents of the personnel ‘‘(c) ADDITIONAL REVIEW.—(1) Subject to ‘‘(2) in the case of a person who continues file of a missing person to the missing per- to be in a missing status, inform each indi- paragraph (2), upon request by a person re- son’s primary next of kin, the other mem- ferred to in subsection (a)(2), the Secretary vidual referred to in paragraph (1) that the bers of the missing person’s immediate fam- United States will conduct a further inves- concerned shall appoint a board to review ily, or any other previously designated per- the status of a person covered by a finding tigation into the whereabouts or status of son of the missing person. the person not later than three years after described in subsection (a)(3) if the court of the date of the official notice of the dis- ‘‘§ 1507. Recommendation of status of death appeals sets aside the finding and— appearance of the person, unless information ‘‘(a) REQUIREMENTS RELATING TO REC- ‘‘(A) the time allowed for filing a petition becomes available within that time that OMMENDATION.—A board appointed under sec- for certiorari has expired and no such peti- would result in a substantial change in the tion 1504 or 1505 of this title may not rec- tion has been duly filed; official status of the person. ommend that a person be declared dead un- ‘‘(B) the petition for certiorari has been de- nied; or ‘‘§ 1505. Further review less— ‘‘(1) credible evidence exists to suggest ‘‘(C) the decision of the court of appeals ‘‘(a) SUBSEQUENT REVIEW.—The Secretary has been affirmed by the Supreme Court. shall conduct subsequent inquiries into the that the person is dead; ‘‘(2) the United States possesses no credible ‘‘(2) A person referred to in paragraph (1) whereabouts or status of any person deter- shall make a request referred to in that mined by the Secretary under section 1504 of evidence that suggests that the person is alive; paragraph not later than three years after this title to be in a missing status. the date of the event under that paragraph ‘‘(b) FREQUENCY OF SUBSEQUENT REVIEWS.— ‘‘(3) representatives of the United States have made a complete search of the area that entitles the person to request the ap- (1) Subject to paragraph (3), the Secretary pointment of a board. shall appoint a board to conduct an inquiry where the person was last seen (unless, after with respect to a person under this sub- making a good faith effort to obtain access ‘‘§ 1509. Persons previously declared dead section— to such area, such representatives are not ‘‘(a) REVIEW OF STATUS.—(1) Not later than ‘‘(A) on or about three years after the date granted such access); and three years after the date of the enactment of the official notice of the disappearance of ‘‘(4) representatives of the United States of this chapter, a person referred to in para- the person; and have examined the records of the govern- graph (2) may submit a request for appoint- ‘‘(B) not later than every three years ment or entity having control over the area ment of a board to review the status of a per- thereafter. where the person was last seen (unless, after son previously declared dead while in a miss- ‘‘(2) In addition to appointment of boards making a good faith effort to obtain access ing status, in a case in which the death is de- under paragraph (1), the Secretary shall ap- to such records, such representatives are not clared to have occurred on or after December point a board to conduct an inquiry with re- granted such access). 7, 1941. spect to a person under this subsection upon ‘‘(b) SUBMITTAL OF INFORMATION ON ‘‘(2) A board shall be appointed under this receipt of information that could result in a DEATH.—If a board appointed under section section with respect to the death of any per- change or revision of status of a missing per- 1504 or 1505 of this title makes a rec- son based on the request of any of the follow- son. Whenever the Secretary appoints a ommendation that a missing person be de- ing persons: board under this paragraph, the time for sub- clared dead, the board shall include in the re- ‘‘(A) The primary next of kin of such per- sequent appointments of a board under para- port of the board with respect to the person son. graph (1)(B) shall be determined from the under such section the following: ‘‘(B) An adult member of the immediate date of the receipt of such information. ‘‘(1) A detailed description of the location family of the person previously declared ‘‘(3) The Secretary is not required to ap- where the death occurred. dead. point a board under paragraph (1) with re- ‘‘(2) A statement of the date on which the ‘‘(C) An adult dependent of such person. spect to the disappearance of any person— death occurred. ‘‘(D) A person previously designated by ‘‘(A) more than 30 years after the first no- ‘‘(3) A description of the location of the such person. tice of the disappearance of the missing per- body, if recovered. ‘‘(3) A request under this section shall be son; or ‘‘(4) If the body has been recovered and is submitted to the Secretary of the executive ‘‘(B) if, before the end of such 30-year pe- not identifiable through visual means, a cer- department or head of the agency of the riod, the missing person is accounted for. tification by a practitioner of an appropriate United States that had jurisdiction over the ‘‘(c) CONDUCT OF PROCEEDINGS.—The ap- forensic science that the body recovered is person covered by the request at the time of pointment of, and activities before, a board that of the missing person. the person’s disappearance. June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5889

‘‘(b) APPOINTMENT OF BOARD.—Upon receiv- of the person while given that status or de- (1) Section 555 is amended— ing a request under subsection (a), the offi- clared dead under the law and regulations re- (A) in subsection (a), by striking out cial to whom the request is submitted shall lating to the pay and allowances of persons ‘‘When a member’’ and inserting in lieu appoint a board to review the status of the returning from a missing status. thereof ‘‘Except as provided in subsection person covered by the request. ‘‘(b) EFFECT ON GRATUITIES PAID AS A RE- (d), when a member’’; and ‘‘(c) DUTIES OF BOARD.—A board appointed SULT OF STATUS.—Subsection (a) shall not be (B) by adding at the end the following new under this section to review the status of a interpreted to invalidate or otherwise affect subsection: person previously declared dead shall— the receipt by any person of a death gratuity ‘‘(d) This section does not apply in a case ‘‘(1) conduct an investigation to determine or other payment from the United States on to which section 1502 of title 10 applies.’’. the status of the person; and behalf of a person referred to in subsection (2) Section 552 is amended— ‘‘(2) issue a report describing the findings (a) before the date of the enactment of this (A) in subsection (a), by striking out ‘‘for of the board under the investigation and the chapter. all purposes,’’ in the second sentence of the matter following paragraph (2) and all that recommendations of the board as to the sta- ‘‘§ 1512. Effect on State law tus of the person. follows through the end of the sentence and ‘‘(a) NONPREEMPTION OF STATE AUTHOR- ‘‘(d) EFFECT OF CHANGE IN STATUS.—If a inserting in lieu thereof ‘‘for all purposes.’’; board appointed under this section rec- ITY.—Nothing in this chapter shall be con- (B) in subsection (b), by inserting ‘‘or is de- ommends placing in a missing status a per- strued to invalidate or limit the power of termined under chapter 76 title 10’’ before son previously declared dead, such person any State court or administrative entity, or the period at the end; and shall accrue no pay or allowances as a result the power of any court or administrative en- (C) in subsection (e), by inserting ‘‘or of the placement of the person in such sta- tity of any political subdivision thereof, to under chapter 76 of title 10’’ after ‘‘section tus. find or declare a person dead for purposes of 555 of this title’’. ‘‘(e) CONDUCT OF PROCEEDINGS.—The ap- the laws of such State or political subdivi- (3) Section 553 is amended— pointment of, and activities before, a board sion. (A) in subsection (f), by striking out ‘‘the appointed under this section shall, to the ex- ‘‘(b) STATE DEFINED.—In this section, the date the Secretary concerned receives evi- tent practicable, be governed by the provi- term ‘State’ includes the District of Colum- dence that’’ and inserting in lieu thereof sions of section 1504 of this title with respect bia, the Commonwealth of Puerto Rico, and ‘‘the date on which, in a case covered by sec- to a board appointed under that section. any territory or possession of the United tion 555 of this title, the Secretary concerned States. ‘‘§ 1510. Procedures applicable in case of civil- receives evidence, or, in a case covered by ians ‘‘§ 1513. Definitions chapter 76 of title 10 the Secretary concerned determines pursuant to that chapter, that’’; ‘‘(a) IN GENERAL.—In applying the proce- ‘‘In this chapter: dures specified in this chapter in the case of ‘‘(1) The term ‘missing person’ means— and a person described in section 1501(d)(2) of this ‘‘(A) a member of the armed forces on ac- (C) in subsection (g), by inserting ‘‘or title— tive duty who is in a missing status; or under chapter 76 of title 10’’ after ‘‘section ‘‘(1) any reference to the commander of the ‘‘(B) a civilian employee of the United 555 of this title’’. unit, facility, or area to which the missing States or of a contractor of the United (4) Section 556 is amended— person is assigned shall be treated as refer- States who is serving with or accompanying (A) in subsection (a), by inserting after ring to the local authority or supervisor of the armed forces under orders and who is in paragraph (7) the following: ‘‘Paragraphs (1), (5), (6), and (7) shall only the department or agency of the United a missing status. apply with respect to a case to which section States under whom the missing person was ‘‘(2) The term ‘missing status’ means the 555 of this title applies.’’; directly operating or to whom the missing status of a missing person who is determined (B) in subsection (b), by inserting ‘‘, in a person was responsible; to be absent in a status of— case to which section 555 of this title ap- ‘‘(2) any reference to the theater compo- ‘‘(A) missing; plies,’’ after ‘‘When the Secretary con- nent commander shall be treated as referring ‘‘(B) missing in action; cerned’’; and to the senior official in the region in which ‘‘(C) interned in a foreign country; (C) in subsection (h)— the missing person disappeared of the depart- ‘‘(D) captured, beleaguered, or besieged by (i) in the first sentence, by striking out ment or agency of the United States with ju- a hostile force; or ‘‘status’’ and inserting in lieu thereof ‘‘pay’’; risdiction over the missing person (or, if ‘‘(E) detained in a foreign country against and there is no such official, such other person that person’s will. (ii) in the second sentence, by inserting ‘‘in (including the appropriate theater compo- ‘‘(3) The term ‘accounted for’, with respect a case to which section 555 of this title ap- nent commander) as may be designated by to a person in a missing status, means that— plies’’ after ‘‘under this section’’. the head of that department of agency); ‘‘(A) the person is returned to United (d) DESIGNATION OF INDIVIDUALS HAVING IN- ‘‘(3) any reference to the Secretary con- States control alive; ‘‘(B) the remains of the person are returned TEREST IN STATUS OF SERVICE MEMBERS.—(1) cerned shall be treated as referring to the Chapter 37 of title 10, United States Code, is head of the department or agency of the to the United States; or ‘‘(C) credible evidence exists to support an- amended by adding at the end the following United States with jurisdiction over the new section: missing person. other determination of the person’s status. ‘‘(b) CINC REVIEW NOT TO APPLY.—The ‘‘(4) The term ‘member of the immediate ‘‘§ 655. Designation of persons having interest provisions of section 1503(k) shall not apply family’, in the case of a missing person, in status of member as a missing person in the case of a person described in section means the spouse or a child, parent, or sib- ‘‘(a) The Secretary concerned shall, upon 1501(d)(2) of this title. In such a case, the re- ling of the person. the enlistment or appointment of a person in port under section 1503(j)(4) of this title shall ‘‘(5) The term ‘previously designated per- the armed forces, require that the person be submitted directly to the head of the de- son’, in the case of a missing person, means specify in writing the person (if any), other partment or agency of the United States an individual designated by the missing per- than that person’s primary next of kin, to with jurisdiction over the missing person. son under section 655 of this title for pur- whom information on the whereabouts or ‘‘(c) RULE FOR DEPARTMENT OF DEFENSE CI- poses of this chapter. status of the member shall be provided if VILIANS.—In the case of a person described in ‘‘(6) The term ‘classified information’ such whereabouts or status are investigated section 1501(d)(2) of this title who is an em- means any information the unauthorized dis- under chapter 76 of this title. The Secretary ployee of the Department of Defense, or an closure of which (as determined under appli- shall periodically, and whenever the member employee of a contractor of the Department cable law and regulations) could reasonably is deployed as part of a contingency oper- of Defense, the head of the department or be expected to damage the national security. ation or in other circumstances specified by agency of the United States with jurisdiction ‘‘(7) The term ‘theater component com- the Secretary, require that such designation over that person— mander’ means, with respect to any of the be reconfirmed, or modified, by the member. ‘‘(1) if the person is an employee of, or an combatant commands, an officer of any of ‘‘(b) The Secretary concerned shall, upon employee of a contractor of, a military de- the armed forces who (A) is commander of all the request of a member, permit the member partment, shall be considered to be the Sec- forces of that armed force assigned to that to change the person or persons specified by retary of that military department; and combatant command, and (B) is directly sub- the member under subsection (a) at any ‘‘(2) otherwise shall be considered to be the ordinate to the commander of the combatant time. Any such change shall be in writing.’’. Secretary of Defense. command.’’. (2) The table of sections at the beginning of (2) The tables of chapters at the beginning such chapter is amended by adding at the ‘‘§ 1511. Return alive of person declared miss- end the following new item: ing or dead of subtitle A, and at the beginning of part II of subtitle A, of title 10, United States Code, ‘‘655. Designation of persons having interest ‘‘(a) PAY AND ALLOWANCES.—Any person in are amended by inserting after the item re- in status of member as a miss- a missing status or declared dead under the lating to chapter 75 the following new item: ing person.’’. Missing Persons Act of 1942 (56 Stat. 143) or chapter 10 of title 37 or by a board appointed ‘‘76. Missing Persons ...... 1501’’. AMENDMENT OFFERED BY MR. YOUNG OF under this chapter who is found alive and re- (c) CONFORMING AMENDMENTS.—Chapter 10 ALASKA turned to the control of the United States of title 37, United States Code, is amended as At the end of title V (page 274, after line shall be paid for the full time of the absence follows: 11), insert the following new section: H 5890 CONGRESSIONAL RECORD — HOUSE June 13, 1995 SEC. 566. SEPARATION BENEFITS DURING FORCE of the Nation and should remain under Gov- shall be subject to the condition that the REDUCTION FOR OFFICERS OF COM- ernment control. City of Youngstown retain the conveyed MISSIONED CORPS OF NATIONAL (4) Current work requirements at some of property for the use and benefit of the OCEANIC AND ATMOSPHERIC AD- these Government-owned defense industrial Youngstown Fire Department. MINISTRATION. facilities have fallen below a reasonably eco- (c) DESCRIPTION OF PROPERTY.—The exact (a) SEPARATION BENEFITS.—Subsection (a) nomic level of operation, increasing the cost acreage and legal description of the real of section 3 of the Act of August 10, 1956 (33 of producing required goods and services. property to be conveyed under subsection (a) U.S.C. 857a), is amended by adding at the end (5) Existing law and policy have failed to shall be determined by a survey satisfactory the following new paragraph: address adequately the supplemental re- to the Secretary. The cost of such survey ‘‘(15) Section 1174a, special separation ben- quirements necessary to operate these Gov- shall be borne by the City of Youngstown. efits (except that benefits under subsection ernment-owned defense industrial facilities (d) ADDITIONAL TERMS AND CONDITIONS.— (b)(2)(B) of such section are subject to the in a cost-efficient manner and, thereby, to The Secretary may require such additional availability of appropriations for such pur- maintain appropriate readiness for future terms and conditions in connection with the pose and are provided at the discretion of the national security needs. conveyance under subsection (a) as the Sec- Secretary of Commerce).’’. (6) The security interests of the United retary considers appropriate to protect the (b) TECHNICAL CORRECTIONS.—Such section States would be served by the establishment interests of the United States. is further amended— under law of a policy that requires the best- (1) by striking out ‘‘Coast and Geodetic AMENDMENT OFFERED BY MR. FORBES value operation of Government-owned de- Survey’’ in subsections (a) and (b) and insert- At the end of subtitle C of title XXVIII fense industrial facilities. ing in lieu thereof ‘‘commissioned officer (page 490, after line 2), insert the following (7) Such a policy should include, but not corps of the National Oceanic and Atmos- new section: necessarily be limited to, requirements pheric Administration’’; and SEC. 2834. MODIFICATION OF LAND CONVEY- that— (2) in subsection (a), by striking out ‘‘in- ANCE, NAVAL WEAPONS INDUSTRIAL (A) the required capability and capacity cluding changes in those rules made after RESERVE PLANT, CALVERTON, NEW not being fully used at such Government- YORK the effective date of this Act’’ in the matter owned facilities be maintained with separate (a) CONDITION ON CONVEYANCE.—Subsection preceding paragraph (1) and inserting in lieu funding so as to stabilize operational costs; (b) of section 2833 of the Military Construc- thereof ‘‘as those provisions are in effect and tion Authorization Act for Fiscal Year 1995 from time to time’’. (B) those facilities not be limited by (division B of Public Law 103–337; 108 Stat. (c) TEMPORARY EARLY RETIREMENT AU- workyear/end strength hiring constraints. 3061) is amended by striking out ‘‘to replace THORITY.—Section 4403 (other than sub- (b) PROHIBITION.—No funds appropriated section (f)) of the National Defense Author- all or a part of the economic activity lost at pursuant to an authorization of appropria- the Naval Weapons Industrial Reserve ization Act for Fiscal Year 1993 (Public Law tions in this Act may be used for capital in- 102–484; 106 Stat. 2702; 10 U.S.C. 1293 note) Plant’’. vestment in, or the development and con- (b) REMOVAL OF REVERSIONARY INTEREST; shall apply to the commissioned officer corps struction of, a Government-owned, Govern- ADDITION OF LEASE AUTHORITY.—Subsection of the National Oceanic and Atmospheric Ad- ment-operated defense industrial facility un- (c) of such section is amended to read as fol- ministration in the same manner and to the less the Secretary of Defense certifies to the lows: same extent as that section applies to the Congress that no similar capability or mini- ‘‘(c) LEASE AUTHORITY.—Until such time as Department of Defense. The Secretary of mally used capacity exists in any other Gov- the real property described in subsection (a) Commerce shall implement the provisions of ernment-owned, Government-operated de- is conveyed by deed, the Secretary may lease that section with respect to such commis- fense industrial facility. the property, along with improvements sioned officer corps and shall apply the pro- AMENDMENT OFFERED BY MR. EVERETT thereon, to the Community Development visions of that section to the provisions of Page 439, strike out the table relating to Agency in exchange for security services, the Coast and Geodetic Survey Commis- fire protection, and maintenance provided by sioned Officers’ Act of 1948 relating to the re- the Army National Guard and insert in lieu thereof the following new table: the Community Development Agency for the tirement of members of such commissioned property.’’. officer corps. (c) CONFORMING AMENDMENTS.—Subsection (d) EFFECTIVE DATE.—This section shall ARMY NATIONAL GUARD: EXTENSION OF 1993 PROJECT AUTHORIZATIONS (e) of such section is amended by striking apply only to members of the commissioned out ‘‘subsection (a)’’ and inserting in lieu officer corps of the National Oceanic and At- State Location Project Amount thereof ‘‘subsection (a) or a lease under sub- mospheric Administration who are separated section (c)’’. after September 30, 1995. Alabama ...... Tuscaloosa ...... Additions and Al- $800,000 AMENDMENT OFFERED BY MR. HASTINGS OF AMENDMENT OFFERED BY MR. BATEMAN ternations Ar- mory. WASHINGTON At the end of subtitle C of title VI (page Union Springs ...... Additions and Al- 300,000 At the end of subtitle C of title XXVIII, 289, after line 23), insert the following new ternations Ar- mory. (page 490, after line 2), insert the following section: New Jersey ...... Fort Dix ...... Additions and Al- 4,750,000 new section: SEC. 623. REPEAL OF PROHIBITION ON PAYMENT ternations Ar- SEC. 2834. LAND EXCHANGE, FORT LEWIS, WASH- mory. OF LODGING EXPENSES WHEN ADE- INGTON. QUATE GOVERNMENT QUARTERS Oregon ...... La Grande ...... OMS ...... 995,000 ...... Armory Addition .... 3,049,000 (A) CONVEYANCE AUTHORIZED.—The Sec- ARE AVAILABLE. retary of the Army may convey to (a) REPEAL.—Section 1589 of title 10, Unit- AMENDMENT OFFERED BY MS. KAPTUR Weyerhaeuser Real Estate Company, Ta- ed States Code, is repealed. coma, Washington (in this section referred to (b) CLERICAL AMENDMENT.—The table of Page 440, after the table relating to the as ‘‘WRECO’’), all right, title, and interest of sections at the beginning of chapter 81 of Army Reserve, insert the following new the United States in and to a parcel of real such title is amended by striking out the table: property at Fort Lewis, Washington, known items relating to section 1589. ARMY NATIONAL GUARD: EXTENSION OF 1992 PROJECT as an unimproved portion of Tract 1000 (for- AMENDMENT, AS MODIFIED, OFFERED BY MR. AUTHORIZATION merly being in the DuPont Steilacoom Road, MC NULTY consisting of approximately 1.23 acres), and At the end of title X (page 377, after line State Location Project Amount Tract 25E, 0.03 acre, 19), insert the following new section: (b) CONSIDERATION.—As consideration for SEC. 1033. POLICY CONCERNING EXCESS DE- Ohio ...... Toledo ...... Armory ...... $3,183,000 the conveyance authorized by subsection (a), FENSE INDUSTRIAL CAPACITY. WRECO shall convey or cause to be conveyed AMENDMENT OFFERED BY MR. TRAFICANT (a) FINDINGS.—Congress finds as follows: to the United States by warranty deed all (1) The Base Closure and Realignment At the end of subtitle C of title XXVIII right, title, and interest in and to a 0.39 acre Commissions have recommended that cer- (page 490, after line 2), insert the following parcel of real property located within the tain Government-owned defense industrial new section: boundaries of Fort Lewis, Washington, to- facilities which produce goods and services SEC. 2834. LAND CONVEYANCE, ARMY RESERVE gether with other consideration acceptable that were required during the Cold War, but CENTER, YOUNGSTOWN, OHIO. to the Secretary. The total consideration which are no longer required for the national (a) CONVEYANCE AUTHORIZED.—The Sec- conveyed to the United States shall not be security, be closed. retary of the Army may convey, without less than the fair market value of land con- (2) The Secretary of Defense has deter- consideration, to the City of Youngstown, veyed under subsection (a). mined that the maintenance of certain other Ohio, all right, title, and interest of the (c) DETERMINATION OF FAIR MARKET Government-owned defense industrial facili- United States in and to a parcel of excess VALUE.—The determinations of the Sec- ties is necessary to support the research, de- real property, including improvements retary of the Army regarding the fair mar- velopment, and manufacture of goods and thereon, that is located at 399 Miller Street ket values of the parcels of real property and services that are still required to protect the in Youngstown, Ohio, and contains the improvements to be conveyed pursuant to security of the United States. Kefurt Army Reserve Center. subsections (a) and (b) shall be final. (3) These Government-owned defense in- (b) CONDITION OF CONVEYANCE.—The con- (d) DESCRIPTION OF PROPERTY.—The exact dustrial facilities are critical to the security veyance authorized under subsection (a) acreage and legal description of the parcels June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5891 of real property to be conveyed pursuant to I applaud my colleague, Representa- fall into disuse and if the skills of the labor subsections (a) and (b) shall be determined tive DORNAN, chairman of the Military base are permitted to decay, we may well by surveys that are satisfactory to the Sec- Personnel Subcommittee for his dili- findÐto our considerable detrimentÐthat such retary of the Army. The cost of such surveys gence on this issue and for including shall be borne by WRECO. a facility cannot be readily revived or replaced (e) EFFECT ON EXISTING REVERSIONARY IN- this important section to H.R. 1530. I in the event of an emergency. TEREST.—The Secretary may enter into an know that all servicemen and their The base closure and realignment process agreement with the appropriate officials of families appreciate the hard work of has taken 402 actions since 1988Ðwith an- Pierce County, Washington, under which— Representative DORNAN concerning this other 146 recommended for this yearÐthat (1) the existing reversionary interest of important issue. eliminate excess defense industrial infrastruc- Pierce County in the lands to be conveyed by The amendment I am offering today, ture. the United States under subsection (a) is ex- as part of the en block amendments Defense work from these facilities has al- tinguished; and with the support of Representative (2) the conveyance to the United States ready moved or will eventually move to other under subsection (b) is made subject to a DORNAN, would among other things installations. Given the unique capabilities of similar reversionary interest in favor of strengthen the military personnel sec- certain of these other facilities that do remain Pierce County in the lands conveyed under tion of H.R. 1530, by including both open, they should continue to be government- such subsection. non-DOD personnel involved in DOD owned and government-operated. (f) ADDITIONAL TERMS AND CONDITIONS.— operations and World War II MIA’s; and However, some of these remaining installa- The Secretary may require such additional would provide a judicial review provi- tions are already at dangerously low oper- terms and conditions in connection with the sion to afford family members of those ational levels, which impairs their capability to conveyances under this section as the Sec- missing in action the ability to utilize retary considers appropriate to protect the serve critical defense needs. interests of the United States. the U.S. court of appeals. Mr. Chairman, I will get right to the point of My amendment, as well as the com- AMENDMENT AS MODIFIED OFFERED BY MR. the McNulty/Solomon amendment. This mittee language, is based on provisions SOLOMON amendment would probably never have been of H.R. 945, the Missing Service Person- At the end of title IX (page 345, after line offered if the Army had followed the intent of 17), insert the following new section: nel Act of 1995, which I introduced at a provision that Representative MCNULTY suc- the beginning of the 104th Congress. SEC. 909. NAVAL NUCLEAR PROPULSION PRO- ceeded in enacting into law in 1990. GRAM. This bill currently has over 100 cospon- That previous McNulty amendmentÐwhich No department or agency may regulate or sor’s and is strongly supported by the is now the lawÐenables the Watervliet Arse- direct any change in function for facilities leading POW/MIA family organiza- nalÐa government-owned and government- under the Naval Nuclear Propulsion Program tions. The strong support that H.R. 945 operated defense industrial plantÐin unless otherwise permitted or specified by has received shows, the understanding law. Watervliet, New York to enter into commercial and concern that Congress has towards contracts with private industry under certain AMENDMENT OFFERED BY MR. DELLUMS the families of our men and women In title III (page 63, after line 6), insert the circumstances. who chose to defend and serve our Such contracts are critical to the continued following new section: country. Moreover, with the inclusion SEC. 304. OFFICE OF ECONOMIC ADJUSTMENT. operation of Watervliet Arsenal in a cost-effi- of the missing personnel section in cient manner, especially given the $300 million Of the amount authorized in section 301(5) H.R. 1530, I am confident that Congress for Defense-wide activities, $60,578,000 is for investment that was made in the 1980's to up- has finally begun to recognize the need the Office of Economic Adjustment of the grade Watervliet's unique metal-working capa- Department of Defense. to coordinate and specify our Nation’s bilityÐa capability that has no commercial policy with regard to POW/MIA’s. The CHAIRMAN. Under the rule, the counterpart. Accordingly, I urge my colleagues’ gentleman from South Carolina [Mr. But the Army took four years to give the strong support for the chairman’s en SPENCE] will be recognized for 10 min- permission and promulgate the necessary im- bloc amendment and again thank Rep- utes, and the gentleman from Califor- plementing instructions for Watervliet to begin resentative DORNAN and Chairman nia [Mr. DELLUMS] will be recognized operating under the terms of the original SPENCE for their hard work on this im- for 10 minutes. McNulty amendment. portant matter. And now, after four years of run-arounds The Chair recognizes the gentleman Mr. DELLUMS. Mr. Chairman, I from the Army, we find out that the Navy in- from South Carolina [Mr. SPENCE]. yield myself such time as I may Mr. SPENCE. Mr. Chairman, I yield 3 tends to spend at least $100 million in the de- consume. minutes to the gentleman from New Mr. Chairman, the minority has been velopment of an entirely new facility at the York [Mr. GILMAN]. consulted, and we have no objection to Norfolk Naval Station which is slated to have (Mr. GILMAN asked and was given the en bloc amendments being accept- some but not all of the same manufacturing permission to revise and extend his re- ed. capabilities as the under-used Watervliet Arse- marks.) The gentleman from South Carolina nal already possesses. Mr. GILMAN. Mr. Chairman, I [Mr. SPENCE], the chairman, and I and Mr. Chairman, this kind of scheming adds to strongly support the en bloc amend- the staff have worked on these mat- the cost of military procurement and does vio- ment offered by the distinguished Na- ters, and I would urge my colleagues to lence to the spirit and the intent of the base tional Security Committee Chairman, support them. closure and realignment process. Mr. SPENCE, and appreciate all of his Mr. Chairman, I reserve the balance Accordingly, Representative MCNULTY and I hard work in bringing H.R. 1530 the Na- of my time. have been compelled to seek a legislative tional Security Authorization Act of Mr. SPENCE. Mr. Chairman, I yield remedy. 1995, to the floor. such time as he may consume to the Our amendment simply requires that no Included in Mr. SPENCE’s en bloc gentleman from New York [Mr. SOLO- funds appropriated under authority of this act amendment is an amendment I have MON]. be used for capital investment in, or the devel- drafted, in consultation with my col- Mr. SOLOMON. Mr. Chairman, I com- opment and construction of, a government- league, the gentleman from California mend the chairman of the committee owned, Government-operated defense indus- [Mr. DORNAN] to amend title V, chapter on his diligent work on this bill, and I trial facility unless the Secretary of Defense 76, entitled ‘‘Missing Personnel.’’ rise in support of the en bloc amend- certifies to Congress that no similar capability Currently, H.R. 1530 includes lan- ments. or minimally-used capacity already exists in guage which would require the Sec- Mr. Chairman, I rise in strong support of this any other government-owned, government-op- retary of Defense to centralize the re- amendment, which I was pleased to cospon- erated defense industrial facility. sponsibility for missing persons, and sor with my good friend and neighbor from It is my earnest hope that this amendment would instruct the Secretary to estab- New York, Representative MCNULTY. will send the proper message to the proper lish procedures for dealing with the Mr. Chairman, the maintenance of an ade- people. families of missing persons by protect- quate defense industrial base is an issue that That message to the Defense Department is ing the interests of the families and is finally starting to receive the attention it de- simply this: providing a medium for the families to serves. Look at the remaining defense industrial fa- express their concerns and questions If a facility that produces critically needed cilities as resources that must be used eco- about the missing family member. goods and services is closed or is permitted to nomically, and H 5892 CONGRESSIONAL RECORD — HOUSE June 13, 1995 Do not invest in any installation to receive shall be procured in the private sector using PERSONAL EXPLANATION work while other available resources exist that open competition. By using the competitive Mr. THOMAS. Mr. Speaker, I ask require little or no investment. bidding process so efficiently managed by the unanimous consent that the name of Ms. DUNN. Mr. Chairman, I want to thank Government Printing Office, only the very low- the gentleman from Wisconsin [Mr. the chairman of the House National Security est possible cost of printing Defense docu- KLECZKA] be removed as a cosponsor of Committee, Mr. SPENCE, for agreeing to incor- ments will be charged to the American tax- H.R. 1299. His name was added in error porate my amendment into the Chairman's en payer. to that bill. bloc amendment. His leadership in bringing a Mr. SOLOMON. Mr. Chairman, this amend- The Speaker pro tempore. Is there superb bill before the full House of Represent- ment is really quite straightforward. It simply objection to the request of the gen- atives is appreciated. tries to clarify an ambiguity that might be per- tleman from California? The Defense Authorization bill as reported ceived in the present text of the bill. There was no objection. by the House National Security Committee in- Specifically, the purpose of this amendment cluded a section which allowed the Defense is to make clear that any change to the status f Printing Service [DPS] to use printing sources quo in the Naval Nuclear Propulsion Program ANNOUNCEMENT BY THE CHAIR- without guaranteeing competitionÐin effect, to is to be made only by lawÐby act of Con- MAN OF THE COMMITTEE ON AP- by-pass the Government Printing Office gress. PROPRIATIONS [GPO]Ðfor up to 70 percent of its printing and The effect of this amendment is to reinforce (Mr. LIVINGSTON asked and was duplicating services. This would have codified the February 1, 1982, Executive order by given permission to address the House unprecedented authority for the DPSÐaction I President Reagan that placed the Naval Nu- for 1 minute.) believe is counter to the interests of the U.S. clear Propulsion Program under the exclusive Mr. LIVINGSTON. Mr. Speaker, I taxpayer. oversight jurisdiction of the Navy. would just like to point out that the The Department of Defense is mandated by My intention in offering this amendment is to gentlewoman from Nevada [Mrs. law to use GPO. In fact, all Federal depart- make clear that the elimination of redundant VUCANOVICH] is chairman of the Sub- ments are to follow this mandate, in accord- and extraneous provisions in lawÐthe scrap- committee on Military Construction ance with Section 501, Title 44 of the U.S. ing away of barnacles, if you willÐthat H.R. and has just presented the first appro- Code, and Section 207(a) of Public Law 102± 1530 accomplishes is not to be interpreted as priations bill in a typical appropria- 392, as amended. GPO has been shown to changing in any way the present status of the tions cycle for a fiscal year, the very procure work at the cheapest price. Current Naval Nuclear Propulsion Program. first one in 40 years. law states that unless the Joint Committee on That status has not changedÐand it will not I might add that she is probably the Printing [JCP] approves an exception, all Gov- be changed unless Congress changes it, pe- second lady in history to make such a ernment printing at the Federal level shall be riod. presentation, and she is assisted by the done at the Government Printing Office. There Mr. SPENCE. Mr. Chairman, I have first Clerk, the first female Clerk in are only 23 JCP approved waivers to that law. no further requests for time, and I history. Defense Printing Services does not hold such yield back the balance of my time. Mr. DELLUMS. Mr. Chairman, I have So, I just want to commend her and a waiver. This section unamended would have no further requests for time, and I look forward to her presentation of the the effect of waiving Title 44 in the interests of yield back the balance of my time. bill in a more formal fashion for adop- a single executive department, without requir- The CHAIRMAN. The question is on tion by the House on Friday. ing the customary application for the excep- the amendments en bloc, as modified, Mrs. VUCANOVICH. I thank the gen- tion. offered by the gentleman from South tleman from Louisiana. I share the same philosophy as the Member Carolina [Mr. SPENCE]. f responsible for inserting this section into HR The amendments en bloc, as modi- 1530. Namely, to get as much Government fied, were agreed to. SPECIAL ORDERS printing into the private sector as possible. Mr. SPENCE. Mr. Chairman, I move However, without clarification that work must The SPEAKER pro tempore. Under that the Committee do now rise. the Speaker’s announced policy of May be competitively bid, it opens up the system to The motion was agreed to. fraud and abuse, and to the possibility of 12, 1995, and under a previous order of b sweetheart deals. Absent competitive bidding, 2100 the House, the following Members are DPS' printing and duplicating could become a Accordingly the Committee rose; and recognized for 5 minutes each. high-cost option to the taxpayer. Chairman KA- the Speaker pro tempore [Mr. BARR] f SICH included the concept of HR 1024, which having assumed the chair, Mr. EMER- THE NATIONAL FOUNDATION FOR I sponsored, into his budget resolution be- SON, Chairman of the Committee of the TEACHING ENTREPRENEURSHIP cause procuring Government printing through Whole House on the State of the Union, AND ITS YOUNG ENTRE- a competitive process can save as much as reported that that Committee, having PRENEURS PROGRAM $1.5 billion over 5 years. If the original lan- had under consideration the bill (H.R. guage of section 359 had been enacted, there 1530) to authorize appropriations for The SPEAKER pro tempore. Under a would have been far less in savings to the tax- fiscal year 1996 for military activities previous order of the House, the gen- payer. of the Department of Defense, to pre- tleman from Kansas [Mr. TIAHRT] is To my knowledge, this issue received no scribe military personnel strengths for recognized for 5 minutes. discussion during committee consideration. I fiscal year 1996, and for other purposes, Mr. TIAHRT. Mr. Speaker, I rise do know that the staff of the Joint Committee had come to no resolution thereon. today to talk about solving our prob- on Printing, a committee with oversight over f lems. So many times on the floor of the Government printing, knew nothing about this House Members will come down and language until after the bill was reported out of REPORT ON H.R. 1817, MILITARY complain about the collapse of civil so- committee. CONSTRUCTION APPROPRIA- ciety, and pressing social concerns. The amendment I proposed treats the issue TIONS, FISCAL YEAR 1996 America does indeed have serious thoughtfully and thoroughly. It is consistent Mrs. VUCANOVICH, from the Com- problems, and its time we came to- with the 104th Congress' aim to reduce the mittee on Appropriations, submitted a gether and addressed them. Let’s not deficit and cut wasteful spending. This original privileged report (Rept. No. 104–137) on avoid the tough talk or the tough deci- section gave DPS unconditional authority to the bill (H.R. 1817) making appropria- sions. act without regard to current law or the guar- tions for military construction, family However, something great occurred antee of competitive procurement. This lan- housing, and base realignment and clo- last November. New people were elect- guage avoided the proper channels for grant- sure for the Department of Defense for ed to Congress. People who think that ing the waiver authority and codified that au- the fiscal year ending September 30, the answers to our problems don’t thority. That would have been contrary to the 1996, and for other purposes, which was come from the floor of the House but intent of Title 44. referred to the Union Calendar and or- from the hearts and minds of the peo- Section 359, as modified by my amend- dered to be printed. ple who sent us here. ment, assures that, consistent with Title 44 of The SPEAKER pro tempore. All And one of the truly unique ideas the US Code, Department of Defense printing points of order are reserved on the bill. which is underway to solve, some of June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5893 our problems, is the National Founda- Washington, D.C. program and their fami- you embrace the values of humility, intellec- tion for Teaching Entrepreneurship, or lies, but for all of the District of Columbia. tual honesty, and passion, you can, and will, NFTE [‘‘Nifty’’], Its Young Entre- As you young people continue to use the advance your success. preneurs Program which is now located skills you have acquired as young entre- Take pride in your achievements and take preneurs, you will begin generating wealth satisfaction in your ability to affect the in 13 cities. This program teaches in your lives and in your communities. Mak- course of your life. urban youth how to create their own ing all our futures brighter. I am proud of all of you and wish you the business, but NFTE is not just about Graduates, I understand the demands of best of luck. Thank you. how to do things. NFTE is about actu- the NFTE curriculum and the effort it has IDEAS FROM CREATIVE YOUNG MINDS ally doing things. Thousands of urban required from each of you. You have per- NURTURED INTO FLEDGLING BUSINESSES youth have been shown how to write a severed to meet those demands. Through [By Jacqueline Gaulin] business plan, get funding, and create your hard work, you have demonstrated your commitment to the idea that you can con- The only male role models Dwayne Prince new and needed products. trol your destiny, that you can be the source recalls as a child were in jail. Today, the 18- Tonight, I salute Charles and Liz of your own success. year-old entrepreneur considers himself a Koch, who are residents of Wichita, Success, I have come to understand, is de- role model for younger people. Kansas, and we are proud of these na- termined by how well we learn and use Now a senior at Washington’s Roosevelt tive Kansans. They are individuals who knowledge. But, success does not come easy. High School, Mr. Prince turned his artistic refuse to throw their hands up, and As you strive towards your goals, there will talents into a small business with help from be many obstacles, some failures. In my own the National Foundation for Teaching Entre- walk away from inner-city problems. It preneurship (NFTE). would be easy for them to simply turn experience, I have found three values to be particularly useful in overcoming barriers to He was one of the top 12 D.C. students their heads. Instead they have used personal and business success. These values awarded venture capital grants last week their resources, to bring the NFTE pro- are—humility, intellectual honesty, and pas- from NFTE’s Young Entrepreneurs of Wash- gram to Wichita. Choosing Wichita for sion. ington program. an entrepreneurship program makes Humility is the foundation for the search He said he wants to tell other kids that if great sense to those familiar with the for development and use of knowledge. To be they ‘‘continue to put in the effort to reach humble we must seek and remain open to their dreams, anything can happen.’’ He city. It is the birthplace of many entre- added: ‘‘All the odds were against me, too.’’ preneurial success stories including, new ideas and to constructive criticism. As entrepreneurs, you must always be open to NFTE (pronounced ‘‘nifty’’) is the vision of Beech, Cessna, Learjet, Coleman, Pizza new ideas and to the risk of venturing into Steve Mariotti, a former New York business- Hut, Rent-a-Center, and Koch Indus- unfamiliar territory. A humble person is not man who said he decided to teach young peo- tries. timid, but is confident in their ability with- ple to run a business after he was mugged in Recently, David Koch, Executive out being boastful or defensive. When people 1981 by five armed youths. Vice President of Koch Industries and are arrogant, thinking they know all there is Formed in 1987 in New York, NFTE is now chairman of the David H. Koch Chari- to know, they stop learning. Without humil- in 13 U.S. cities. The project expanded to Washington in February 1994 through a part- table Foundation, brought the spirit of ity, people often fail to recognize those areas in which they can improve themselves, nership with the David H. Koch Charitable entrepreneurialism to a place where it Foundation. is needed, more than any other place in therefore missing out on making their great- est contribution to society. The Koch Foundation provided a two-year, America: the District of Columbia. The Equally important is to be intellectually $1 million grant for the D.C. program, which Young Entrepreneurs of Washington, honest. Intellectually honest people are held an awards dinner last week to bestow DC program is in 10 of the District’s truthful, trustworthy, forthright; they do its third group of venture capital grants to public schools. Mr. Koch’s philosophy not, and cannot, fool themselves or others. 12 young entrepreneurs. is predicated on the strong belief that An intellectually honest person searches for The grants range from $300 to $1,000 and evidence that contradicts their position with are intended to get the businesses up and everyone, has the ability to prosper running. and succeed in a market based system, as much vigor as they search for evidence that confirms their position. An intellectu- Local businesspeople evaluated the busi- with proper training and support. ally honest person admits what they do not ness plans submitted by D.C. student final- The mission of the Young Entre- know and acknowledges when they make ists, who were selected by their teachers to preneurs is to enable, urban youth to mistakes. They see a situation for what it compete for the grants. break free of the cycle of poverty, by really is, not what they wish it would be. So far, nearly 300 have completed the in- providing them with entrepreneurial Regina Jackson, a NFTE alumnus, exem- tensive, 80-hour ‘‘mini-MBA’’ program here. literacy, academic training, hands on plifies the values of humility and intellec- ‘‘And more importantly, they have taken tual honesty. Regina has a satisfaction guar- charge of their own lives and their own des- experience, and a means of wealth cre- tinies,’’ said David H. Koch, executive vice ation. This program is not a welfare anteed policy for her jewelry business. If her product breaks or is flawed in any way, she president of Koch Industries Inc., a Wichita, project. This program relies on the encourages her customers to bring the item Kan., energy company. youth’s mental toughness, willingness back for replacement. Regina says this is im- However, most students don’t know any- to accept risk, resiliency and their de- portant, because it is the only way she will thing about business, said Marilynn Hollis, a sire to succeed in life. And here’s the know that something is wrong, and that she D.C. teacher who handles the NFTE course punch line: this program relies entirely cannot correct a problem unless she knows at Roosevelt High School. She said the pro- on private funding from individuals about it. Because Regina is open to construc- gram gives young people an option they tive criticism, and is willing to learn from didn’t know they could have. like David Koch and not on the Federal ‘‘I feel good about myself,’’ gushed Alicia Government. others, her customers trust her and there is a high demand for her jewelry. Rodney, a soft-spoken junior at Roosevelt This program is exactly the type of Finally, passion and commitment for work and a graduate of NFTE’s second session in solution we need for our current prob- will result in a greater enthusiasm for all as- Washington. lems. pects of life. To be passionate we must be en- Looking proudly at her handmade pillows Mr. Koch addressed 300 community thusiastic about our ultimate goals, and and T-shirts, which she sells as ‘‘Alicia’s Cre- members including 110 graduating stu- eager for their accomplishment. A passion- ations,’’ Miss Rodney said the NFTE pro- dents of the Young Entrepreneurs of ate person courageously takes risks, pursues gram helped her get goals, manage money Washington, DC, program. I commend opportunities, and is persistent when faced and accept responsibility for the choices she David Koch for his contribution and with obstacles. makes in life. For example Greg Blair another NFTE And while some critics may call NFTE’s continued enthusiasm to help urban alumnus, has collected sports cards since he vision unrealistic or idealistic, students like youth. was 10 years old. He is an avid fan, and is Dwayne Prince attest to the program’s bene- I ask unanimous consent that Mr. most proud of his Michael Jordan retirement fits. Koch’s remarks at this graduation and card. It was natural and fun for Greg to turn ‘‘Da World in Mine’’ is the slogan for his a recent article from the Washington his hobby into a business; he will be a better graphic design and T-shirt company, ‘‘Image Times, which describes NFTE’s mis- businessman due to his passion and commit- the World Tee’s,’’ which won top honors and sion, be printed in the CONGRESSIONAL ment for work. Any businessman would a $1,000 grant. search hard for good deals on great sports But the name represents more than a busi- RECORD. cards simply because of their potential retail ness idea for a young man who said he lived NFTE COMMENCEMENT ADDRESS, MAY value. But, Greg will be more successful at in seven different households before he was 25, 1995 such a search, because of his enthusiasm for, 14. He said the slogan represents his positive [By David Koch] and knowledge of the game. outlook on life. Today is a special day not only for the Graduates, remember this: You are the ‘‘Teachers used to say I had a bad atti- graduates of the young entrepreneurs of driving force behind your destiny and when tude,’’ he explained. ‘‘I didn’t even want to H 5894 CONGRESSIONAL RECORD — HOUSE June 13, 1995 do the classroom part of NFTE,’’ he recalled. hospital stay. Her brother, suffering cent. Shouldn’t the details of the bill ‘‘But after I started the program, I found it from a terminal illness, died only a few be looked at? Are all bills automati- interesting and realized I could actually set days after being admitted. cally cut by 70 percent? the T-shirts I designed,’’ he said. The bill for the 4-day period came to He is the founder of ‘‘East-Side Kutz,’’ a b 2130 $368,511.09. All of it had been forwarded mobile hair cuttery. He exudes the savvy This system makes no sense. If we business style of a fortune 500 executive and to Medicare for payment. Shocked by extends a firm and confident hand. It’s hard the outrageous expense, Mrs. English are to save Medicare from bankruptcy to believe he’s only 16 years old. called the hospital for an explanation. we must find the solutions to problems ‘‘The business keeps my head straight and What she got was a 14-page itemized like this. I stand here today because I I have learned how to be financially stable,’’ statement. And the greatest expense? know this story is not unique. Jean he said. He is already planning to further his $342,982.01 for emergency room supplies English found the mistake and brought business education at Babson College in for a 7-hour stay in the ER. it to our attention. But how many er- Wellesley, Mass. rant bills go unnoticed? And at what Other graduates continue to hone their Well, after much hemming and business skills through NFTE’s follow-up hawing, the hospital admitted that it cost to the system and our seniors. program in the participating schools, which had made a mistake. Let us work together with the Amer- sponsor an entrepreneurs club and a school Oops. Instead of $347,982.01, the actual ican people to stop waste in the sys- store. charge should have been $61.30. That is tem. Let us fix the problem and save Students can also call NFTE for legal, ac- right $61.30. An overcharge of Medicare before it gets too late. counting or other business advice. $347,920.71! The problem was found. f The follow-up program has helped Regina End of story? Hardly. The errant bill Jackson, 13, find the best way to keep her THE ADARAND DECISION costs low. The 13-year-old jewelry designer had been sent to Medicare and paid by said she can double her profits by buying Medicare. That is right—they paid the The SPEAKER pro tempore. Under a wholesale beads and materials for her origi- bill. Now Jean found the mistake—a previous order of the House, the gentle- nal pieces. bill for $350,000 seemed a little exces- woman from Texas [Ms. JACKSON-LEE] Her grandmother, Mary Jackson, said sive to her. Didn’t the people at Medi- is recognized for 5 minutes. NFTE taught her granddaughter independ- care notice that supplies for the ER Ms. JACKSON-LEE. Mr. Speaker, I ence and how to handle money. ‘‘She even had become a little expensive? am responding, I believe, to what has helped her uncle write a business plan for his Well, in all fairness, Medicare’s com- been over the last 24 hours for many of car wash,’’ Mrs. Jackson said. puter noticed the problem—sort of. The us a deadening silence. f bill total seemed large so Medicare cut The good news is that let me wel- The SPEAKER pro tempore. Under a it by 70 percent paying the hospital come those who have come to the previous order of the House, the gentle- $67,000. But the actual cost of care was White House Council on Small Busi- woman from Illinois [Mrs. COLLINS] is only $25,000. Medicare found the prob- ness, the first time since 1960, having recognized for 5 minutes. lem and still overpaid by $50,000. And the opportunity to interact with many of those delegates and seeing the en- [Mrs. COLLINS of Illinois addressed Medicare claims this system works? thusiasm they now express in terms of the House. Her remarks will appear And when this was brought to the at- the many issues of small business in hereafter in the Extensions of Re- tention of the folks over at Medicare this Nation. They have come to empha- marks.] they said, and I quote, ‘‘This case shows . . . that the Medicare system size the importance of their contribu- f worked as expected.’’ If the system is tion to the economic life of this coun- The SPEAKER pro tempore. Under a expected to work like this no wonder it try. They have likewise made a very previous order of the House, the gen- will be bankrupt in 7 years. strong point of how diverse the small tleman from California [Mr. RIGGS] is When Medicare determined the bill business community is, including recognized for 5 minutes. was in error why didn’t they look at women and Hispanics, African-Ameri- [Mr. RIGGS addressed the House. His the items to find the mistake? After cans, Asians, and others who have remarks will appear hereafter in the all, $350,000 for supplies seemed unrea- found the American dream through Extensions of Remarks.] sonable to Jean. Don’t the people small business. f working for Medicare notice a charge Particularly the delegation from of $350,000 for supplies? Or is this hap- Texas cited their concern and their de- The SPEAKER pro tempore. Under a pening all the time? ‘‘Close enough for sire for a bipartisan effort in treating previous order of the House, the gen- government work’’ is an old adage that some of the many concerns that small tleman from Illinois [Mr. LIPINSKI] is seems to be true here. businesses have, whether or not it has recognized for 5 minutes. And why, Mr. Speaker, does Medicare to do with a one-stop facility to engage [Mr. LIPINSKI addressed the House. arbitrarily cut 70 percent off if the bill or facilitate their access to Govern- His remarks will appear hereafter in seems in error? According to its own ment agencies, which I support and the Extensions of Remarks.] statement this is how the problem was welcome the first U.S. general store f fixed. ‘‘When the bill was received from that will be sited in the city of Hous- the hospital, the system automatically ton to be in the 18th Congressional Dis- FIXING MEDICARE reduced it by more than 70 percent.’’ It trict. Certainly they have talked about The SPEAKER pro tempore. Under a may sound like a solution but the ex- Government regulation. previous order of the House, the gen- ample here shows why this kind of But one of the things that caused the tleman from Michigan [Mr. logic is helping to bankrupt the Medi- deadening silence and what also KNOLLENBERG] is recognized for 5 min- care system. brought me a great deal of joy to hear utes. The actual charge for the supplies a bipartisan approach from the small Mr. KNOLLENBERG. Mr. Speaker, should have been $61.30. That’s only business owners, was the decision by the American people are way ahead of .0002 percent of what Medicare was the Supreme Court on Adarand that Congress in knowing what is wrong and charged. And Medicare paid 30 percent was rendered yesterday, on June 12, right with the Medicare system. I ap- of the full charge—$67,000—resulting in 1995. If one would take a look at the preciate this opportunity to share with a huge overpayment. How hard is it to headlines of national newspapers the body just one example of the dis- look at a bill that has already set off across this Nation, it seemed that turbing waste that occurs in our Medi- the alarms as being incorrect and find there was further joy from editors and care bureaucracy. I first heard this exactly what isn’t right? writers to claim affirmative action story last week when it aired on I am disturbed that Medicare seems dead. How positive it was, however, to WJBK–TV2 in Detroit during a seg- to believe that just cutting the total her from these small business owners ment called the ‘‘Hall of Shame.’’ amount paid addressed the problem. and to realize the energy that was fos- Mrs. Jean English, while going Now maybe I am too naive but I believe tered at their sessions today when they through the mail of her recently de- the system should fix its mistakes not came together and resoundingly sup- ceased brother, found a bill for his last just automatically cut a bill by 70 per- ported opportunity for all. June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5895

Contrary to the spin that is being put tleman from South Carolina [Mr. GRA- The section 602(a) allocations printed in the on this ruling of Adarand, this particu- HAM] is recognized for 5 minutes. conference report on H. Con. Res. 218 (H. Rept. 103–490) were revised to reflect the lar decision does not dismantle Federal [Mr. GRAHAM addressed the House. affirmative action programs. In fact, changes in committee jurisdiction as speci- His remarks will appear hereafter in fied in the Rules of the House of Representa- what it does is it throws us back to the Extensions of Remarks.] tives adopted on January 4, 1995. Crowson, a case that was rendered a f The third table compares the current lev- number of years ago, and many local els of discretionary appropriations for fiscal and State governments have already COMMUNICATION FROM THE year 1995 with the revised ‘‘section 602(b)’’ proceeded under, which requires a dis- CHAIRMAN OF THE COMMITTEE suballocations of discretionary budget au- parity study on affirming the fact ON THE BUDGET REGARDING thority and outlays among Appropriations frankly that racism still exists in this CURRENT LEVELS OF SPENDING subcommittees. This comparison is also Nation. It does require a strict scru- AND REVENUES FOR FISCAL needed to implement section 302(f) of the Budget Act, since the point of order under tiny test, one that causes one to look YEARS 1995–1999 more closely at the kind of program that section also applies to measures that The SPEAKER pro tempore. Under a would breach the applicable section 602(b) that might be offered. In fact, I think previous order of the House, the gen- suballocation. The revised section 602(b) the precise language might read that it tleman from Ohio [Mr. KASICH] is rec- suballocations were filed by the Appropria- requires a more searching examination. tions Committee on September 21, 1994. Then, of course, it talks about the ognized for 5 minutes. Mr. KASICH. Mr. Speaker, on behalf of the The aggregate appropriate levels and allo- equal protection clause. But the real cations reflect the adjustments required by danger that we face as the Adarand de- Committee on the Budget and pursuant to section 25 of H. Con. Res. 218 relating to ad- cision continues to be editorialized and sections 302 and 311 of the Congressional ditional funding for the Internal Revenue spoken about is those that would raise Budget Act, I am submitting for printing in the Service compliance initiative. it up as a new day in America. I CONGRESSIONAL RECORD an updated report on Sincerely, thought that we were a Nation of the current levels of on-budget spending and JOHN R. KASICH, Chairman. equals and those who would offer to revenues for fiscal year 1995 and for the 5- Enclosures. help individuals who have yet to face year fiscal year 1995 through fiscal year 1999. REPORT TO THE SPEAKER FROM THE COMMITTEE and receive equal opportunity and the This report is to be used in applying the fis- ON THE BUDGET American dream. And yet we find those cal year 1995 budget resolution (H. Con. Res. STATUS OF THE FISCAL YEAR 1995 CONGRESSIONAL who are poised for the election in 1996, 218), for legislation having spending or reve- BUDGET ADOPTED IN H. CON. RES. 218—REFLECTING we find my Republican colleagues, all nue effects in fiscal year 1995 through 1999: ACTION Completed as of June 7, 1995 claiming in the name of Dr. Martin Lu- COMMITTEE ON THE BUDGET ther King and the dream that they too Washington, DC, June 8, 1995. [On-budget amounts, in millions of dollars] Hon. NEWT GINGRICH, believe in equal opportunity. Fiscal year I would ask a simple question, even Speaker, House of Representatives, Washington, DC. 1995 1995–1999 though these are private sector pref- DEAR MR. SPEAKER: To facilitate applica- erences, where are they when univer- tion of sections 302 and 311 of the Congres- Appropriate Level (as set by H. Con. Res. 218): sities prefer those with athletic talents sional Budget Act, I am transmitting a sta- Budget authority ...... $1,238,705 $6,892,705 and give athletic scholarships? Where tus report on the current levels of on-budget Outlays ...... 1,217,605 6,676,805 spending and revenues for fiscal year 1995 Revenues ...... 977,700 5,415,200 are they when the ivy league schools Current Level: select the children of alumni to be ad- and for the 5-year period fiscal year 1995 Budget authority ...... 1,233,103 (1) mitted into their institution? Where through fiscal year 1999. Outlays ...... 1,216,173 (1) The term ‘‘current level’’ refers to the Revenues ...... 978,218 (1) are they when schools are out looking Current Level over (+)/under ( ) Appro- amounts of spending and revenues estimated ¥ for musicians or people who can stand priate Level: for each fiscal year based on laws enacted or Budget authority ...... ¥5,602 (1) on their head and balance balls three awaiting the President’s signature as of June Outlays ...... ¥1,432 (1) Revenues ...... 518 31,643 times? Those are preferences. 7, 1995. ¥ But let me share with you, there are The first table in the report compares the 1 Not applicable because annual appropriations Acts for Fiscal Years 1997 no quotas and preferences. They were current level of total budget authority, out- through 1999 will not be considered until future sessions of Congress. made illegal some years ago. There are lays, and revenues with the aggregate levels BUDGET AUTHORITY set by H. Con. Res. 218, the concurrent reso- goals, of which we aspire to, and some- Enactment of measures providing more lution on the budget for fiscal year 1995. This one had the gall, if you will, to suggest than $5.602 billion in new budget authority comparison is needed to implement section the 10-percent set-aside locks in the for FY 1995 (if not already included in the 311(a) of the Budget Act, which creates a current level estimate) would cause FY 1995 Federal Government and discriminates point of order against measures that would budget authority to exceed the appropriate against those who cannot comply breach the budget resolution’s aggregate lev- level set by H. Con. Res. 218. under those particular set-asides. els. The table does not show budget author- I am here to tell you that the set- ity and outlays for years after fiscal year OUTLAYS asides may be 10 percent, but the actu- 1995 because appropriations for those Years Enactment of measures providing new ality may be barely 1 percent in terms have not yet been considered. budget or entitlement authority that would of minority businesses and women The second table compares the current lev- increase FY 1995 outlays by more than $1.432 businesses who are receiving contracts els of budget authority, outlays, and new en- billion (if not already included in the current under several programs under the Fed- titlement authority of each direct spending level estimate) would cause FY 1995 outlays committee with the ‘‘section 602(a)’’ alloca- eral Government. to exceed the appropriate level set by H. Con. tions for discretionary action made under H. Res. 218. I, too, stand here welcoming the di- Con. Res. 218 for fiscal year 1995 and for fis- versity of this Nation, but as well the cal years 1995 through 1999. ‘‘Discretionary REVENUES equality of this Nation. I would simply action’’ refers to legislation enacted after Enactment of any measures producing any say that it is time now, Mr. Speaker, adoption of the budget resolution. This com- net revenue loss of more than $518 million in not to run away from this issue of parison is needed to implement section 302(f) FY 1995 (if not already included in the cur- equality and diversity. Look at the of the Budget Act, which creates a point of rent level estimate) would cause FY 1995 rev- Adarand decision as it has been pre- order against measures that would breach enues to fall below the appropriate level set by H. Con. Res. 218. sented to us simply as a hurdle to the section 602(a) discretionary action allo- cation of new budget authority or entitle- Enactment of any measure producing any cross, and not a death knell, an elimi- ment authority for the committee that re- net revenue loss for the period FY 1995 nation for opportunity for all of our ported the measure. It is also needed to im- through FY 1999 (if not already included in citizens. plement section 311(b), which exempts com- the current level estimate) would cause reve- The SPEAKER pro tempore. Under a mittees that comply with their allocations nues for that period to fall further below the previous order of the House, the gen- from the point of order under section 311(a). appropriate level set by H. Con. Res. 218. H 5896 CONGRESSIONAL RECORD — HOUSE June 13, 1995 DIRECT SPENDING LEGISLATION—COMPARISON OF CURRENT LEVEL WITH COMMITTEE ALLOCATIONS PURSUANT TO BUDGET ACT SECTION 602(a) [Fiscal years, in millions of dollars]

1995 1995–1999 BA Outlays NEA BA Outlays NEA

HOUSE COMMITTEE Agriculture: Allocation ...... 0 0 0 0 0 4,861 Current level ...... 499 ¥155 0 497 ¥152 0 Difference ...... 499 ¥155 0 497 ¥152 ¥4,861 National Security: Allocation ...... 0 0 0 0 0 0 Current level ...... 42 37 0 221 210 82 Difference ...... 42 37 0 221 210 82 Banking, Finance and Urban Affairs: Allocation ...... 0 0 0 0 0 0 Current level ...... ¥25 ¥25 0 ¥75 ¥75 0 Difference ...... ¥25 ¥25 0 ¥75 ¥75 0 Economic and Educational Opportunities: Allocation ...... 0 0 309 0 0 5,943 Current level ...... 8 ¥13 297 104 81 1,674 Difference ...... 8 ¥13 ¥12 104 81 ¥4,269 Commerce: Allocation ...... 0 0 0 0 0 0 Current level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 International Relations: Allocation ...... 0 0 0 0 0 0 Current level ...... 5 4 0 11 11 0 Difference ...... 5 4 0 11 11 0 Government Reform & Oversight: Allocation ...... 0 0 0 0 0 0 Current level ...... 0 0 0 4 4 ¥3 Difference ...... 0 0 0 4 4 ¥3 House Oversight: Allocation ...... 0 0 0 0 0 0 Current level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Resources: Allocation ...... 0 0 0 0 0 0 Current level ...... ¥8 ¥8 4 0 ¥2 4 Difference ...... ¥8 ¥8 4 0 ¥2 4 Judiciary: Allocation ...... 0 0 0 0 0 0 Current level ...... ¥58 ¥58 0 ¥6 ¥6 0 Difference ...... ¥58 ¥58 0 ¥6 ¥6 0 Transportation & Infrastructure: Allocation ...... 2,161 0 0 64,741 0 0 Current level ...... 2,161 0 0 4,375 0 0 Difference ...... 0 0 0 ¥60,366 0 0 Science: Allocation ...... 0 0 0 0 0 0 Current level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Small Business: Allocation ...... 0 0 0 0 0 0 Current level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Veterans’ Affairs: Allocation ...... 0 0 340 0 0 5,743 Current level ...... 2 2 334 3 3 1,888 Difference ...... 2 2 ¥6 3 3 ¥3,855 Ways and Means: Allocation ...... 0 0 0 0 0 214 Current level ...... 44 ¥37 98 ¥3,674 ¥5,711 ¥3,655 Difference ...... 44 ¥37 98 ¥3,674 ¥5,711 ¥3,869 Total Authorized: Allocation ...... 2,161 0 649 64,741 0 16,761 Current level ...... 2,670 ¥253 733 1,460 ¥5,637 ¥10 Difference ...... 509 ¥253 84 ¥63,281 ¥5,637 ¥16,771

DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 1995—COMPARISON OF CURRENT LEVEL WITH SUBALLOCATIONS PURSUANT TO BUDGET ACT SECTION 602(b) [In millions of dollars]

Revised 602(b) suballocations Current Level Difference (September 21, 1994) General purpose Violent crime General purpose Violent crime General purpose Violent crime BA O BA O BA O BA O BA O BA O

Agriculture, Rural Development ...... 13,397 13,945 0 0 13,396 13,945 0 0 ¥1 ¥0 0 0 Commerce, Justice, State ...... 24,031 24,247 2,345 667 23,821 24,205 2,345 667 ¥210 ¥42 0 0 Defense ...... 243,432 250,515 0 0 241,405 249,636 0 0 ¥2,027 ¥879 0 0 District of Columbia ...... 720 722 0 0 712 714 0 0 ¥8 ¥8 0 0 Energy and Water Development ...... 20,493 20,888 0 0 20,293 20,784 0 0 ¥200 ¥104 0 0 Foreign Operations ...... 13,785 13,735 0 0 13,492 13,717 0 0 ¥293 ¥18 0 0 Interior ...... 13,521 13,916 0 0 13,516 13,915 0 0 ¥6 ¥2 0 0 Labor, HHS and Education ...... 69,978 69,819 38 8 69,678 69,807 38 7 ¥300 ¥12 0 ¥1 Legislative Branch ...... 2,368 2,380 0 0 2,367 2,380 0 0 ¥1 0 0 0 Military Construction ...... 8,837 8,553 0 0 8,735 8,519 0 0 ¥102 ¥34 0 0 Transportation ...... 13,704 36,513 0 0 13,622 36,511 0 0 ¥82 ¥2 0 0 Treasury-Postal Service ...... 11,741 12,256 40 28 11,575 12,220 39 28 ¥166 ¥36 ¥1 0 VA–HUD-Independent Agencies ...... 70,418 72,781 0 0 70,052 72,780 0 0 ¥366 ¥1 0 0 Reserve ...... 2,311 6 0 0 0 0 0 0 ¥2,311 ¥6 0 0 Grand total ...... 508,736 540,276 2,423 703 502,664 539,133 2,422 702 ¥6,072 ¥1,143 ¥1 ¥1 June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5897 U.S. CONGRESS The SPEAKER pro tempore. Under a It demonstrates our military’s excep- CONGRESSIONAL BUDGET OFFICE, previous order of the House, the gen- tional capability for inter-service com- Washington, DC June, 1995. tleman from North Carolina [Mr. munications and cooperation. Hon. JOHN KASICH, JONES] is recognized for 5 minutes. But above all, it demonstrates the Chairman, Committee on the Budget, Mr. JONES. Mr. Speaker, on June 2, House of Representatives, Washington, DC. unequaled skill, valor, of American 1995, a United States Air Force F–16 troops. DEAR MR. CHAIRMAN: Pursuant to section Fighting Falcon was shot down over Courage saved Captain O’Grady—his 308(b) and in aid of section 311 of the Con- Bosnia. gressional Budget Act, as amended, this let- own courage, and the courage of the The pilot’s fate was unknown. Marines who pierced the Bosnian dawn ter and supporting detail provide an up-to- What was known was that if he had date tabulation of the on-budget current lev- to pull him from harm’s way. els of new budget authority, estimated out- survived, he had gone down in a hos- The TRAP team that rescued Captain lays, and estimated revenues for fiscal year tile, war-torn land where Bosnian O’Grady included two Sea Cobra heli- 1995. These estimates are compared to the Serbs were using captured United Na- copter gunships; four Harrier attack appropriate levels for those items contained tions peacekeepers as human shields. jets; and 41 Marines from an 81 mortar in the 1995 Concurrent Resolution on the While the Nation waited for answers, platoon from the 3rd Battalion, 8th Ma- Budget (H.Con.Res. 218), and are current a Navy ship steamed into the Adriatic rines. through June 7, 1995. A summary of this tab- Sea. ulation follows: These elements are home based at Aboard the ship was the 24th Marine Camp Lejeune, NC. [In Millions of dollars] unit, commanded by Col. Martin R. Much of Camp Lejeune is in the third Berndt. Budget res- congressional district, and I am here Current On June 8, at 3 a.m. Bosnian time, House cur- olution (H. level +/ tonight as their Representative in Con- rent level Con. Res. ¥ Colonel Berndt was notified that the 218) resolution gress, to commend their actions over downed pilot had been located. The ma- Bosnia. Budget authority ...... 1,233,103 1,238,705 ¥5,602 rines moved quickly. These Marines are daring. They are Outlays ...... 1,216,173 1,217,605 ¥1,432 They hastily assembled a TRAP Revenues: intrepid. They are dauntless. 1995 ...... 978,218 977,700 518 team, for Tactical Recovery of Aircraft They represent the very best Amer- 1995–99 ...... 5,383,577 5,415,200 ¥31,643 Personnel, under the command of Lt. ica has to offer, and their actions re- Col. Chris Gunther. Since my last report, dated February 22, By 5 a.m., Colonel Berndt, Lieuten- flect great credit upon each individual 1995, the Congress has cleared, and the Presi- ant Colonel Gunther, and their Marines Marine, the 3rd Battalion, the 8th Ma- dent has signed, the 1995 Emergency were aboard helicopters en route to the rines, the 24th MEU, and Camp Supplementals and Rescissions Act (P.L. 104– Bosnian coast. Lejeune. 6) and the Self-Employed Health Insurance I am proud to represent them. Act (P.L. 104–7). These actions have affected Forty-five minutes later, before crossing into Bosnian air space, the The Marines of Camp Lejeune dem- the current level of budget authority, out- onstrate the spirit and meaning of the lays, and revenues. Congress also cleared for Marines were joined by EA–6B Prowlers the President’s signature the 1995 Emergency from the USS Roosevelt, F/A 18 Hor- Corp’s proud motto: ‘‘Semper Fi’’—‘‘Al- Supplementals and Rescissions bill (H.R. nets from Marine Fighter Attack ways faithful’’. 1158), which was vetoed by the President. Squadron 533, and two Air Force A–10 I say thank you Captain O’Grady and Sincerely, Thunderbolts. thank you to the U.S. Marine Corps. JUNE E. O’NEILL. AWACS airborne warning and control f system aircraft, which had been in PARLIAMENTARIAN STATUS REPORT 104TH CONGRESS, radio contact with the downed pilot, COL. MARTIN BERNDT—A TRUE 1ST SESSION HOUSE ON-BUDGET SUPPORTING DETAIL circled overhead and directed the Ma- AMERICAN HERO FOR FISCAL YEAR 1995 AS OF CLOSE OF BUSINESS rines to his approximate location. The SPEAKER pro tempore. Under a JUNE 7, 1995 The Marines hit the objective at 6:40 previous order of the House, the gen- [In millions of dollars] a.m. The Cobra gunships went in first, tleman from Pennsylvania [Mr. FOX] is flying fast and low over the trees to Budget au- recognized for 5 minutes. thority Outlays Revenues identify and destroy any potential Mr. FOX of Pennsylvania. Mr. Speak- threat from the ground. er, I rise with pride tonight to address ENACTED IN PREVIOUS SESSIONS Seconds later, the first Super Stal- my colleagues and a salute an Amer- Revenues ...... 978,466 lion landed. Marines leapt from the air- ican hero, Marine Col. Martin Berndt. Permanents and other spending craft and deployed to secure the area. legislation ...... 750,343 706,271 ...... Just a few days ago Richard and Muriel Appropriation legislation ...... 738,096 757,783 ...... As the second CH–53 touched down, Berndt were not aware of the danger Offsetting receipts ...... ¥250,027 ¥250,027 ...... 29-year-old Captain Scott O’Grady, the their son faced until it was over. The Total previously en- F–16 pilot who for 6 days had evaded Springfield Township, Montgomery acted ...... 1,238,412 1,214,027 978,466 capture and lived off the land, sprang County, PA, couple knew he was over- ENACTED THIS SESSION from a tree line and ran toward the seas, but did not know that Col. Martin 1995 Emergency Supplementals Marines. Berndt led the marine unit that res- and Rescissions Act (P.L. Colonel Berndt reached out, grabbed 104–6) ...... ¥3,386 ¥1,008 ...... cued Air Force Capt. Scott O’Grady. Self-Employed Health Insurance O’Grady, and pulled him safely aboard Act (P.L. 104–7) ...... ¥248 O’Grady’s F–16C was downed Friday, the chopper. June 2, by a Serbian SA–6 missile in Total enacted this ses- ‘‘I’m okay,’’ O’Grady said. ‘‘Get me sion ...... ¥3,386 ¥1,008 ¥248 Bosnia-Herzegovina. He commands out of here.’’ 2,000 Marines that belong to a Marine ENTITLEMENTS AND Colonel Berndt obliged. MANDATORIES From the time they landed to the amphibious unit. Budget resolution baseline esti- time they lifted off, the Marines spent But the couple were awakened from a mates of appropriated enti- peaceful night’s rest in their Oreland, tlements and other manda- less than 2 minutes on the ground. tory programs not yet en- PA, home where they have lived for 34 acted ...... ¥1,923 3,154 ...... During the flight back to the ship they were fired on by surface to air years. They had heard about the suc- Total current level 1 ..... 1,233,103 1,216,173 978,218 cessful mission around 2 a.m., but at 6 Total budget resolution 1,238,705 1,217,605 977,700 missiles and small arms. At least one round hit the helicopter a.m., his daughter-in-law called Mr. Amount remaining: that carried Captain O’Grady. Berndt, Sr., to tell him that his son Under budget reso- lution ...... 5,602 1,432 ...... But it was not enough to stop the was in charge of the entire operation Over budget resolu- U.S. Marines, and today Captain Scott which was so successful. tion ...... 518 O’Grady is safely home. Their son had been involved with 1 In accordance with the Budget Enforcement Act, the total does not in- This operation demonstrates many military operations in Vietnam, Haiti, clude $3,905 million in budget authority and $7,442 million in outlays for funding of emergencies that have been designated as such by the President things. Panama, and the Persian Gulf, and and the Congress, and $841 million in budget authority and $917 million in It demonstrates the superior capa- after a successful mission, Colonel outlays for emergencies that would be available only upon an official budget request from the President designating the entire amount requested as an bilities of our equipment, and the effec- Berndt said, ‘‘Well, tomorrow it is back emergency requirement. tiveness of our tactics. to work.’’ H 5898 CONGRESSIONAL RECORD — HOUSE June 13, 1995 Colonel Berndt’s courageous actions giving our kids and our grandkids a House, the gentleman from Georgia in the former Yugoslavia were right in mortgaged future. Let me just make a [Mr. KINGSTON] is recognized for 5 min- line with his character. He always told couple of comments on how serious the utes. his parents he would not ask his men overspending of this Congress is and Mr. KINGSTON. Mr. Speaker, I want- to do anything he would not do him- what is happening to the obligation of ed to follow up on the comments of the self. future generations. gentleman from Michigan about the His decorations since he has joined President making a speech tonight b 2130 the Marines in 1969 include the Defense concerning balancing the budget. Superior Service Medal, the Defense We now have a debt of approximately I, too, welcome the President in this Meritorious Service Medal, the Navy $4.9 trillion. That means that the inter- discussion. We have had a game, I Achievement Medal, the Meritorious est on that debt this year is going to be guess since January, of where is Bill, Service Medal with two stars, the Com- $339 billion, the largest expense item of and I am glad to see that he has bat Action Ribbon with one gold star, anything else on our budget. But the emerged. I regret that it is after the and the Joint Service Commendation problem is of jobs and economic devel- House has passed its balanced budget. I Medal with a bronze oak leaf cluster. opment. If we are not able to balance regret that it is after the Senate has After graduating from Springfield that budget, then we continue to obli- passed its balanced budget. But there is High School in 1965 and West Chester gate a greater and greater portion of still time, and this is going to be many, University in 1969, Colonel Berndt was our budget to the interest. But more many years and a very long process. So commissioned a second lieutenant in than that, here is the Federal Govern- I am glad to see he has decided to go the Marine Corps. He just came home 1 ment today going out and demanding ahead and jump in the game at this day and told his parents, ‘‘I have joined that they have 42 percent of all of the point. the Marines.’’ His father said he is al- money lent out in the Untied States But I am concerned that now, after ways very decisive, even as a child; this year. That means that extra de- fighting against a middle-class tax cut, quiet, active, and very decisive. mand for money is driving up interest he has come out for one. Throughout his brilliant 26-year mili- rates. Mr. Speaker, I yield to the gentleman tary career, Berndt has served as a Our top banker of this Nation, Chair- from Arizona [Mr. HAYWORTH] on this weapons platoon commander, a rifle man Greenspan of the Federal Reserve, matter because that is what I under- platoon commander, a political mili- estimates that if we are able to balance stand that he did notice; is that cor- tary planner with the Office of the the budget, we can see interest rates rect? 1 Mr. HAYWORTH. Mr. Speaker, I Joint Chiefs of Staff, Middle East/Afri- drop between 1 ⁄2 and 2 percent. What is thank the gentleman from Georgia, my ca planner, the U.S. liaison to the West that going to do for business? What is that going to do for people that want good friend, for yielding to me. Africa Peacekeeping Force, and as well to go out and buy a new home or a new I think it is very important, in the the Assistant Chief of Staff of Head- car or business to expand their oper- wake of the Presidential address, to go quarters, commanding officer of the ation and to hire more people? It is on the record as the new majority Third Battalion, Fourth Marines, and going to do a great deal. party at a historic moment in our his- commanding officer of the First Bat- The other problem, or course, is the tory to say that we welcome the Presi- talion, Sixth Marines. U.S. needs to have the kind of tax pol- dent, albeit better later than never, fi- Berndt and his wife, Diana, have been icy that is going to spur economic de- nally owning up to the task of leader- married for 26 years,, and have three velopment. ship and perhaps reading the polls and children, Danielle, Martin, and Dennis, The President tonight said nothing seeing that the American public does, and they live on the U.S. Marine Corps to stimulate the economy through indeed, want its politicians, no matter Base in Camp Lejeune. Quite appro- taxes, but he was for those good politi- their party affiliation, to work toward priately, Colonel Berndt is in line for cal things of a middle class tax cut. a balanced budget. promotion to brigadier general. And so I an concerned that whether or But even as we welcome the Presi- We salute tonight, Mr. Speaker, Col. not this was political rhetoric on the dent’s constructive move, I know my Martin Berndt; a first class American part of the President tonight is going friend from Georgia will be surprised leader, an outstanding Patriot, and a to be shown really in his details as he when he hears that the harshest criti- genuine military hero of the United presents those details to the United cism, according to the wires of the As- States. God bless our men and women States Congress. sociated Press, Mr. Speaker, the who fight for us every day in the It is good news that we are all going harshest criticism comes from the Armed Forces of the United States to to talk from the same goal of eventu- ranking House Democrat on appropria- make sure that America is free. Sem- ally achieving a balanced budget. The tions. Let me quote what our friend, per Fi. President suggests we should wait for Mr. OBEY, the Democrat of Wisconsin f 10 years to get that balanced budget. says about the President and tonight’s But this is a problem technically, be- exercise. IMPORTANCE OF A BALANCED cause the problem of compounding in- I think most of us learned some time ago BUDGET terest, the longer we wait to cut some that if you don’t like the President’s posi- The SPEAKER pro tempore. Under a of those expenses, the more drastic tion on a particular issue, you simply need previous order of the House, the gen- those cuts are going to have to be. to wait a few weeks. tleman from Michigan [Mr. SMITH] is That is why it is important that we Now, let me hasten, Mr. Speaker, and recognized for 5 minutes. start early, that we try to get this bal- my good friend from Georgia, Mr. Mr. SMITH of Michigan. Mr. Speak- anced budget in 5 years. The House and KINGSTON, to again reinforce the fact er, a few minutes ago, roughly 28 min- the Senate have said, let us take 7 that the words are not ours. They come utes ago, the President of the United years to do it, but let us do it at least from the President’s own side of the States made a nationally televised ad- in 7 years and then start paying off the aisle. Indeed, those who bemoan the dress indicating that he was now con- actual debt that we have incurred for rise in partisanship and who contin- vinced that we should have a balanced future generations. ually talk of gridlock would do well to budget. I wanted to give this 5 minutes Mr. Speaker, I thank you for this op- remember tonight that the harshest tonight because I am delighted to wel- portunity. criticisms, again, comes from the come the President aboard, because he Mr. President, welcome aboard in the President’s own party, those defenders now realizes, or the pollsters realize, legitimate budget discussions of having of the statute quo who have yet to that a balanced budget is going to be a true balanced budget and saving our meet a Government program they do very important if we are going to spur future for our kids. not like, who have yet to meet a tax the economic and job development of f increase they do not like. And even as this country, if we are going to be very the President talks of tax cuts, again, important if we are going to spur the BALANCING THE BUDGET he always qualifies those comments by economic and job development of this The SPEAKER pro tempore (Mr. talking of the middle class or the country, if we are going to end up not BARR). Under a previous order of the working class. June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5899 I know the gentleman from Georgia by polls find themselves tonight foisted to rest comfortably with the mantle of remembers the State of the Union Mes- upon a new pole, the Chief Executive leadership upon its shoulders. sage where the President stood here be- finding now that the American public Now, good people can change their hind us at the podium just in front of does want to see a semblance of fiscal minds from time to time on the issues. the Speaker’s rostrum and offered a responsibility. The reason I use the But I believe my friend from Georgia very curious type of family tax cut for term ‘‘semblance’’ is because, once will bear me out, as he visits his dis- families making only $75,000 a year, so again, the President says, well, it trict there along the beautiful Georgia a family making $76,000 a year I guess would be nice to have a balanced budg- coast, the fact is that people are highly did not qualify as a working family, et but let us not do it in 7 years, no, no, suspicious when public policy is predi- but also perhaps the gentleman from let us stretch it out over a decade, over cated on the prevailing winds akin to a Georgia remembers the curious provi- 10 years. weather vane. sion of what the President talked Now, by my calendar, as I check it, Mr. KINGSTON. However, if the about at that time. Do you remember and the gentleman from Georgia per- President of the United States is seri- what that was? It was this, that the haps can bear me out on this, that ous and wants to balance the budget, as tax cut would only apply to children would be the year 2005. In the interim, we can only hope that he is, the Repub- before the age of 13. according to the Medicare trustees re- lican Party welcomes him and his ad- So, in short, the President’s idea port, which three of the President’s ministration, open arms, let us get in back in January was to penalize any- own cabinet officers signed, Secretaries the arena, let us figure it out together one who succeeded who made over Reich and Rubin and Shalala, the Med- and let us work for the good of Amer- $75,000 a year and not only to penalize icare trust fund goes broke in 6 years. ica. people who succeed but to penalize The fear I have, even as I welcome Mr. HAYWORTH. Reclaiming my their children for growing up. the President, albeit late to the table time, we can say this tonight in the Mr. KINGSTON. I think maybe the and to the recognition of the necessity wake of the President’s speech. He says President’s idea was to put them all in of reducing the growth of the size of now he wants a balanced budget. Let the national service league so they government, is, again, an inability to him work with us to achieve it in 7 could get paid for volunteer work. own up to the stark reality we face. years instead of a decade hence. When they are 14, they do not need the And I cannot fathom why that is. f money anymore. It was typical of this Mr. KINGSTON. Mr. Speaker, one of administration to come up with a com- the interesting things that I find, and I GATT plicated middle-class tax relief plan. It am sure you do in Arizona when you go The SPEAKER pro tempore. Under looked a little bit to me like Mrs. Clin- home, is that people are saying, stay the Speaker’s announced policy of May ton’s health care revision last year, the course, cut the budget, and I am 12, 1995, the gentleman from California just a chart of dots and arrows and sick and tired of it. Get the Govern- [Mr. ROHRABACHER] is recognized for 60 boxes and squares going this way and ment out of my life. Reduce the regula- minutes as the designee of the major- all over the page and that is their idea, tions, reduce my taxes, make it work ity leader. I guess, of simplification and so forth. and stay out of Washington as much as Mr. ROHRABACHER. Mr. Speaker, That is, I think, why the American possible. the passage of the GATT implementa- people are getting a little leery of it. With that in mind, what has hap- tion legislation late last year was sup- My 2-year-old, actually 3-year-old, pened here, suddenly somebody over at posed to put into place the legal frame- sings a song, did you ever see a laddie the administration has figured, wait, work for trade policy that was required go this way and that way and this way they did not tick off people when they by a trade agreement that had been and that way. That is what we have got actually carried through with their hammered out among the various na- going on. We all know that. One day campaign promise of balancing the tions of the world. That was what it you are for tax cuts; the next day you budget. Let us get in on this band- was supposed to be. The only problem are against them. One day you cannot wagon. So now they are going to join being a major change in the U.S. law balance the budget; the next day you the fray. But to do something a little was snuck into the implementation can. differently, they have to say, let us do legislation, even though it was not re- f it in 10 years. quired by the GATT treaty. If you look back at the Grace com- So what I am talking about tonight MORE ON THE PRESIDENT’S mission, the Gramm-Rudman, the bal- is something that was snuck into law STATEMENT anced budget amendment, every time late last year and is just now being im- The SPEAKER pro tempore. Under a we do something, it is always far off, it plemented as the law of the United previous order of the House, the gen- is not this year, not this budget. We States of America. tleman from Arizona [Mr. HAYWORTH] did pass a budget that puts us having a What was this mysterious provision is recognized for 5 minutes. balanced budget in 7 years, but even that magically appeared in the GATT Mr. HAYWORTH. Mr. Speaker, we that is a long time. implementation legislation? Oh, it was will continue the colloquy, as I enjoy And I think what the American peo- nothing more than just a little old the comments of the gentleman from ple want is yesterday, not 10 years. And change in the patent law, just a little Georgia and appreciate the enlighten- they are not even real happy with 7. change in the patent law that if al- ing nature of the same. Mr. HAYWORTH. Reclaiming my lowed to stand will cost American in- It is curious tonight, again, to see time, Mr. Speaker, what I believe the ventors and American investors bil- this sea change from the White House. American people want is not only civil- lions of dollars, if not corrected. And again, reminiscent of that chil- ity in political discourse but straight b dren’s song—— answers. It is borne out in the frustra- 2145 Mr. KINGSTON. Mr. Speaker, if the tion of an unrepentent liberal, the Something may be happening that is gentleman will yield, does the gen- ranking member on the minority side very sinister here in Washington, DC, tleman think that maybe since the of appropriations, who says of his par- or it might be very innocent. Whatever marriage of James Carville and Mary ty’s own standard-bearer, and again it is is going to result in the transfer of Matalin there will be cross winds going this bears repeating, for those who billions of dollars from one set of pock- on at the White House weather vane? have just joined us, according to the ets to the other set of pockets. Why Mr. HAYWORTH. I would not care to Associated Press, the gentleman from was this change, this change that actu- speculate on the society status or Wisconsin, DAVE OBEY, ‘‘I think most ally redirects the money flow, why was where one might go on in terms of pol- of us learned some time ago that if you it accomplished through the GATT im- icy formulation at the White House, don’t like the President’s position on a plementation legislation? but I do find it curious that those particular issue, you simply need to This Congressman, along with a ma- members of the former majority, those wait a few weeks.’’ jority of my colleagues, voted for the guardians of the old order who would That is reflective of a frustration GATT fast-track authority. What that accuse the new majority of governance born of a failure of this administration did, it gave the administration the H 5900 CONGRESSIONAL RECORD — HOUSE June 13, 1995 right to negotiate this trade agree- vancement and well-being of the com- protection has been drastically re- ment, which would then be voted on as mon man that patent protection, pat- duced. a single vote. It would be all or noth- ent laws, the actual insistence that It is, in short, one of the greatest rip- ing. The implementation legislation there be a Patent Office, was put into offs in history. That is what just hap- would be presented to us, it would be the Constitution of our country at our pened in slow motion and quietly and one vote, all or nothing, and we could country’s founding. part of the GATT implementation leg- not vote to amend what was presented This could explain why the Ameri- islation, and something that, unless we to us. cans were in the forefront of things act, the perpetrators of this crime will This arrangement was made to en- like the reaper, which helped us bring get away with. sure that the trade agreement would in crops so well that we fed our people Why was it done? What was the ex- not be amended to death, and that our better than any other country in the cuse? Certainly, it could not have been negotiators could actually go and nego- world; the telegraph; telephones; steam the excuse that we are going to put tiate with our foreign trade potential engines; trains, and the list goes on this into the law, and it is going to rip partners, and that, basically, was a and on. The secret, perhaps, is that we off the American people. No one would good idea, as long as everyone kept had the protection of those inventors have agreed to that. their word. The understanding, of and investors who were behind them, We have to admit that some of the course, was that the only changes that we had that protection in law, up until people who voted for this and sup- would be made part of the GATT imple- it was secretly changed by the GATT ported it probably do honestly believe mentation process would be changes implementing legislation. that it will have a positive effect, and that were required by the treaties that If an American inventor applied for a the positive effect that has been her- had been negotiated with our potential patent, no matter how long it took the alded by those who believe it and those trading partners. There would not be Government to issue that patent, once who do not believe it, who are just anything else in the GATT implemen- it was issued to the inventor, it might using it as a cover, the positive effect tation legislation, so we could vote on take 10 years, it might take 5 years, it is called harmonization of patent law. it up-or-down. might take 15 years, but once it was is- Yes, the United States, Japan, and Congress and the American people sued, the inventor and the investor Europe have different kinds of patent were lied to, and we were betrayed. I owned that invention for 17 years, so law. We have different laws to protect personally feel betrayed, because I there was a profit motive, and they had other rights as well: freedom of speech, voted for fast-track authority for control of the technology they had de- freedom of religion, freedom of press. GATT. GATT did not require our coun- veloped for 17 years. There are different laws protecting try to diminish the patent protection That is the secret behind the genius rights in the United States, and we enjoyed by our citizens. Yet, it was of our people. We have built it into our pride ourselves in having stronger pro- placed in this bill in hopes of passing country’s laws. We have protected tection of our rights in the United this major change in patent law with- their rights to own what they have cre- States than do other countries. out full debate, without full scrutiny. ated. However, the GATT laws changed However, Bruce Lehman, head of our This Congressman was even denied that. Patent Office in the United States, has the right to even see the language of The GATT law changes that dramati- decided that harmonization of patent the proposed legislative change until cally. The change is designed, inciden- law is really an important thing in and shortly before the vote was scheduled. tally, to appear to be of little con- of itself, it will be something that is I am an elected representative of the sequence. In fact, it appears to elon- very good. In doing so, because he be- people. I asked for weeks to see the leg- gate the time of patent protection. lieves this, he agreed to put this islative language. I was denied the Now, after the GATT changes are in ef- change into our patent law, a change right to see that until it was sent to fect, when an inventor files, if his pat- which eliminates the time certain of Congress itself. ent is issued immediately, he will have protection of American patent holders. Adding insult to injury, under fast 20, not 17 years but 20 years, of full pro- He did this in agreement with the track, Congress was supposed to have tection. However, as the law now reads, Japanese, who were insisting upon this, 60 days to examine the proposal and after 20 years he is done. He does not and it was part of a verbal agreement, then to vote on it. This administration have patent protection. Remember, be- and yes, an agreement that was made submitted GATT to Congress only a fore it was only 17 years. in writing which has to be passed into few days before a scheduled recess, That would be really great if patents law by Congress, but instead of going which put us in the position of voting were issued immediately, but they are to Congress openly, he decided ‘‘Oh, for all of it or none of it, with little not issued immediately. In fact, almost well, I will fulfill my part of the bar- time to consider the detail. This was every technological breakthrough that gain,’’ which he had no right to make either smart or it was sneaky or it was has changed the lives of mankind that for the American people. Without the sinister, depending on one’s perspec- have been based on patents issued to passage of Congress, he decided just to tive. Luckily, the administrator was Americans have taken years and years, slip it into the GATT implementation forced to stand off, which gave us some sometimes more than a decade, some- legislation, so we would either have to more time. We had to come back to times more than 15 years, to issue. accept that or we would have to vote vote on the GATT later on. Thus, the patent holder, under those down all of the changes in trade law What is the major change that was in laws, under the old laws, still had 17 that were encompassed in the trade ne- GATT which eventually was voted on years worth of protection. Under the gotiations, and we would have to suffer and made into law? What is this change new law, his or her patent rights would the consequences of a major disruption that I’m talking about that was snuck be virtually destroyed and meaning- of trade in the United States. into GATT, but not required by our less. Under the new provisions, the real What did Bruce Lehman, our nego- trade negotiations? patent time is dramatically, dramati- tiator, get in return for basically elimi- Americans traditionally have been cally reduced for people who are in- nating the rights that Americans have blessed with patent laws which pro- venting important technology. enjoyed for over 100 years in terms of tected our inventors and our investors. What does that mean? Again, it their patent—their for sure time of This protection of patent rights en- means billions of dollars that should be patent protection? In exchange for it, sured that our country was in a posi- going into the bank accounts of Amer- we got the right to file in Japan, to file tion, over our country’s history, in the ican inventors and American investors for a patent in Japan in English. We forefront of technological change. Pat- will now end up in the bank accounts got that right. ent protection was considered so vital of multinational and foreign corpora- We also got an agreement from the to our country’s well-being that it is tions. It also means that technology Japanese who, in good faith, promised put right into our Constitution. Very Americans have invested in and that our negotiator that ‘‘We will indeed few countries can say that their Americans have created will not end up improve our patent system so that the Founding Fathers were so committed being used against us by our competi- average patent in Japan, if you agree to technological change in the ad- tors, because the length of real patent to make your changes, so that you no June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5901 longer have this 17 years of protection, b 2200 that they are not issued the patent and we agree that you will have a patent My fellow members, we were some- they elongate the time so when they system in Japan to work with in which times unaware of what was going on in are issued the patent, they have 17 the average patent will be issued with- GATT, and some of them that were years from that moment, which is in 3 years.’’ aware, when they talked to the so- longer than they would have otherwise. This deal reflects an almost criminal called experts, were given these phony Mr. Lehman claims there are hun- naivete. To cover up this absurd acqui- statistics and had no idea of the details dreds of such cases. Unfortunately, he escence to the Japanese interests, we which we are talking about tonight. has not been able to prove that. There have seen underhanded tactics being Well I authored the legislation, H.R. are some cases like that. Many of the used to pass this legislation, and we 359, to restore the American patent examples he and other people in the have seen representatives from our rights of the American people, and my Patent Office have given, in fact, are government lying to the American peo- colleagues from both parties, I have not cases of submarine patents, but are ple about what this is all about. substantial support from both parties, cases where the Government has, in Mr. Lehman himself has been claim- rallied to the cause. One hundred sev- fact, delayed the issuance of the pat- ing that the average time to issue an enty members from both parties have ent, and sometimes for national secu- American patent is only 19 months. cosponsored H.R. 359 to restore Amer- rity reasons, and not the patent appli- Thus, if the average patent is issued in ican patent rights. A sister bill to the cant himself. 19 months, and you have said it is 20 one that I am talking about was intro- But I have been bent over backwards years, you have 20 years, after all, of duced by Senator DOLE in the Senate. because I am concerned only about patent protection from the time of fil- Thus we are poised, ready to take maintaining the 17 years of protection ing, then actually the average person back the rights that were stolen from that is traditional for American patent has more time, more patent protection, the American people. Yet there has applicants. So I have stated time and than he would have had we kept the been no action. time again in meeting after meeting law the same. Here we are in June, no action has with the gentleman from California Mr. Speaker, this is not true here, been taken on H.R. 359, which has had [Mr. MOORHEAD] and others, Mr. Leh- what Mr. Lehman is saying about 19 more cosponsors than almost any bill man and others, people representing in- months, the average time, and it will like it in history. Now, why is it? Why dustry, I have said I will put into my not be true in Japan. The American is it just sitting here? Why has not it legislation anything that we can put in people are in the process of having been acted upon? that legislation that will solve the sub- their patent rights ripped off. Yes, 19 Well, it is because of the opposition marine patent issue as long as it does months is an average for something in of one Member of this body, one Mem- not diminish the 17 years of guaranteed our Patent Office. It is the average ber, the gentleman from California protection that our American inven- Patent Office action, although Amer- [Mr. MOORHEAD], the chairman of the tors have enjoyed, and, you know, no ican businessmen all over this country Subcommittee on Courts and Intellec- one has ever come back to me with any are repeating the phrase that it only tual Properties, to which this bill was suggestions, which means that in my take 19 months for a patent, average assigned. He has refused even to hold a way of thinking that perhaps that issue patent, to be issued. That is, pardon hearing on this piece of legislation. is being used as a cover, as an excuse to the pun, a patent lie. ‘‘Not enough time to hold a hearing.’’ diminish the time of patent rights and The fact is that it is not 19 months Well, some of those opposing my bill, enrich multinational and foreign cor- for a patent to be issued in the United they, and maybe the gentleman from porations by billions of dollars that States, it is the 19 months that is an California [Mr. MOORHEAD], is in the they would not have otherwise. average patent action, meaning an ac- situation, maybe he is not, but there The submarine patent issue is based tion by the Patent Office. This includes are some people who opposed this piece on the idea that someone is playing the the action on totally inconsequential of legislation because they believed system at the Patent Office, which patents, things that make no difference there is a bigger problem in the United means the correction could be made to anyone’s lives, that are applied for States than simply protecting the pat- simply by reforming the way the sys- in the hundreds, if not thousands, by ent rights of our people. There is an tem works at the Patent Office, the businessmen, like the stripe on the bot- issue called the submarine patent way decisions are made at the Patent tom of a toothpaste tube. issue, which has to be dealt with, and Office, the way the structure is set up There is a lot difference between perhaps the gentleman from California by the Patent Office, which can be done talking about patenting the stripe on [Mr. MOORHEAD] is more concerned by administrative reform and in no the bottom of a toothpaste tube and about dealing with that problem than way does it mandate the diminishing of getting it approved in months, as com- in dealing specifically with my bill the intellectual property rights en- pared to patenting a laser, which might that deals with patent protection for joyed by the American people. take decades. the American people. I happen to believe that most people There is also another factor. Not Just to give you a short background using the submarine patent argument only are they inconsequential patents on the submarine patent issue, the idea are honest. They truly believe that this that he is putting into the mix, but Mr. is, and there are some indications that is the reason why that we have to bring Lehman has been including patent re- some inventors have manipulated the down the number of years of patent jections, meaning it is not 19 months system over at the Patent Office to protection, but again there are many for the average patent to issue. It is 19 elongate the time that it takes for people who are using this as a front to months for the average action to take their own patent to be issued. take away patent rights and take away place, and those actions include incon- Now, almost every patent or inventor property rights when the real solution sequential patents and rejections of that I know does everything that he or could be done administratively without patent requests, which also can be she can possibly do to get that patent diminishing people’s property rights at made in a very short order. issued immediately because change in all. This type of absurdity with averages, our society is so rapid that if you have So there my bill sits. There sits my Mr. Speaker, as they say, statistics can an invention now, you want to get it is- patent bill, H.R. 359. The gentleman lie, and liers can use statistics. After sued to you so you can start making a from California [Mr. MOORHEAD] claims altering my fellow Member’s opinion profit on it, and nobody, nobody is there is no time for a hearing. Yet my on what they were being told, as to going to invest in your new technology bill has 170 cosponsors. what the effect of this law would be, I on a patent pending. They are waiting And last week, the gentleman from moved forward to try to move forward until after you have been issued the California [Mr. MOORHEAD] had a hear- with a provision and changing of our patent. But some inventors, it is ing in his subcommittee on another law that will bring back and restore claimed, and it is possibly true, that patent bill that was quickly put to- the patent rights of the American peo- there are some inventors who have gether that has two cosponsors, two. ple that were ripped off as part of the been ripping off other corporations by And what did that bill do? H.R. 1733, GATT implementation legislation. basically playing the system, and so what did it do? What did the bill that H 5902 CONGRESSIONAL RECORD — HOUSE June 13, 1995 is moving through the system accom- good news of what new things, what now going to tell our biotech industry plish? I will tell you what it does. It new things, what new creations have whatever they come up with they are mandates that once an American files Americans come up with today? not going to have; if it takes them 10 an application for a patent, that 18 Does that not make you feel good? years to get through the system, and months after that application is filed, Something is happening. Something is sometimes it takes 15 years for them to whether or not the patent is issued happening. Something sinister or get issued a patent, ‘‘Oh, I am just within that 18 months, that patent ap- something stupid. sorry, that means you are only going plication will be published for the We are entering into a new techno- to have 5 years’ or 3 years’ worth of world to see. This is before a patent logical age, and our government is de- protection, even though you have in- has been issued, American inventors stroying our greatest asset, the cre- vested billions and billions of dollars.’’ will see their creations published for ative genius of our people. We are giv- What kind of effect will that have on the world. ing it away for some feather-headed no- America’s future and our ability to It does not take a rocket scientist to tion that we are going to have global lead the way, to keep and remain the understand the result of that will be harmonization of patent rights and technological leaders? the stealing of American technology by that is going to make us all love each The biotech people will get ripped foreign interests and also by large cor- other and we can operate in goodwill. off, they know that, just like every porations here. This, by the way, inter- If we told the American people at any other American inventor will get estingly enough, why would anybody, time that we wanted to have harmoni- ripped off, and thus they will not in- why would anybody be stupid enough zation of the individual rights of our vent, and thus they will not invest, be- to come up with an idea about letting citizens to pray and to speak and to as- cause the system has changed fun- the world know all of our secrets of our semble and the other constitutional damentally. Well, will these people, technological creativity of our people rights that we have, and we had some whoever they are, whether they are even before the patents are issued to feather-brained government official stupid or whether they are sinister, making a deal with the government of protect them? Why would they do this? will they get away with this? Well, I do Singapore or some other country, Well, this was another one of the de- not know. But I can assure you this, whether Japan or any other country, mands that the Japanese had made to the American people are going to hear say, ‘‘By the way, the American people Bruce Lehman, and, you know, if we about this. I am going to talk about it. are just going to have to give up these are going to have a harmonization and We have got 170 of my colleagues who rights that they have been talking a goodwill between our countries, we have joined with me, and Senator DOLE about for so much. They are too indi- have got to make sure that we have an who has joined with me in the Senate, vidualistic. We need a new global con- understanding with Japan because, to correct this horrible legislation, to cept of human rights to make sure after all, it is our best trading partner, restore American patent rights to what wherever you go, people have the same our biggest trading partner. they were. We will not permit the gen- human rights, so from now on the What we are talking about is a sign tleman from California [Mr. MOOR- American people are going to have to that says when a patent application is HEAD], one man, to make the decision accept the same human rights level put into place, a sign that will be for this whole body on an issue of this and the same rights, political and so- raised, a huge neon sign 18 months magnitude. I call the system that cial rights, that they would have if later that says, ‘‘Come and steal me. would permit one man to make that Anybody in the world, here is some- they lived in Singapore.’’ Do you think the American people decision for all of us a system that does thing of value, come and copy it.’’ would stand for that? Do you think not function for the people. I would There is something sinister happen- call it an abuse of power if one individ- ing here in Washington, or there is just anybody but a lamebrain would even think about offering that to the Amer- ual tried to prevent the entire body something stupid happening here in from having a chance to vote on and to Washington. The American people are ican people? Well, somebody might offer it to discuss this issue on the floor. about to become victimized in one of them, but they might have some other We Americans are respected because history’s greatest ripoffs and they do motives in mind. Maybe they do not of our courage, our strength, but also not know what is coming down. They like the American people. Maybe they one word that always comes to mind cannot see it happening. It is com- do not want the American people to when people talk about the United plicated; and it is a very complicated have the rights that they have had fun- States of America is creativity and in- issue, and that is what all of these ex- damentally, both economically and po- genuity. perts have been relying on. litically, because they do not like You know, Thomas Jefferson himself But the Japanese and the Chinese, America because of what America was an inventor. Visit Monticello. See they are going to know; they know ex- stands for. those things that Jefferson did. What actly what is happening. I will tell you Well, that is that what is happening did he do? He thought of new ways to that if the bill that the gentleman here today. We are entering into a save labor and to make life better from California [Mr. MOORHEAD] is technological age, and our creative without having gone to spend as much pushing through his subcommittee now people are losing the fundamental time and effort. passes and that every American inven- rights that they have had as Ameri- What about Benjamin Franklin? We tor who applies after spending years cans. The investor who invest in new know about Benjamin Franklin. Ben- trying to create new technology, if im- technology are finding that their in- jamin Franklin was one of the premier mediately after 18 months that this is vestment, they will lose control of that inventors of his time in the world. He published for the world, even before the investment of the product, of that in- was also there at the Declaration of patents are issued, before any kind of vestment, just like the inventor, and Independence, and he was there when semblance of protection is granted, I that their competitors, after a much our Founding Fathers put together can tell you that our Japanese and Chi- shorter period of time, will end up that fundamental document of law that nese friends will have many people sta- using that technology against them has served us so well, the Constitution tioned here in Washington, DC. They and, in fact, their competitors will of the United States. will have offices right near the Patent learn every detail of what they have It is no coincidence that tech- Office because they will go there, and created with their investment and nologists, that people who look to the when it is published, the Japanese and their time and their energies even be- future, were the people who wrote the Chinese runners will run to their of- fore it is granted a patent. Constitution of the United States of fices, and the copy machines and the How can we look into the future and America. Xerox machines will be running, and say that in this new technological era b the fax machines with overseas trans- we are going to change the rules in a 2215 mission lines to fax this material over way that diminishes the incentive of It is up to us to carry on that tradi- to these other countries who are our our people to invest in technology? tion. Those people talked about indi- competitors and trying to destroy us Our biotech industry has invested vidual rights. They talked about free- economically will be waiting for the tens of billions of dollars. Yet we are dom. They talked about the dignity of June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5903 the common man and that we would be Mr. GRAHAM, for 5 minutes, today. p.m.), the House adjourned until to- a society that would be so prosperous Mr. KASICH, for 5 minutes, today. morrow, Wednesday, June 14, 1995, at 10 that even the common man could own Mr. JONES, for 5 minutes, today. a.m. the product of his labor, could live in Mr. FOX of Pennsylvania, for 5 min- f peace and harmony with his family. utes, today. Unlike the other societies in Europe Mr. SMITH of Michigan, for 5 minutes EXECUTIVE COMMUNICATIONS, and in the vast stretches of Asia, tyr- each day, today and June 14. ETC. anny would not reign in America be- Mr. KINGSTON, for 5 minutes, today. Under clause 2 of rule XXIV, execu- cause we believed in freedom and indi- Mr. HAYWORTH, for 5 minutes, today. tive communications were taken from vidual rights. Part of freedom and indi- f the Speaker’s table and referred as fol- vidual rights is the right of people to lows: control their own creations, at least EXTENSION OF REMARKS 1015. A letter from the Director, the Office for a period of time in which they own By unanimous consent, permission to of Management and Budget, transmitting that which they created. It is a pre- revise and extend remarks was granted the cumulative report on rescissions and de- cious right and as important to our so- to: ferrals of budget authority as of June 1, 1995, (The following Members (at the re- pursuant to U.S.C. 685(e) (H. Doc. No. 104–84); ciety as any of the other rights Ameri- to the Committee on Appropriations and or- cans have enjoyed over these two hun- quest of Mr. GONZALEZ) and to include dered to be printed. dred years, and now we have an extraneous matter:) 1016. A letter from the Secretary of the unelected official, Bruce Lehman, mak- Mr. MONTGOMERY. Navy, transmitting a copy of the Depart- ing a secret deal with the Japanese, a Mr. STOKES. ment’s determination that it is in the public deal that means that patent rights for- Mr. ACKERMAN. interest to use other than competitive proce- dures for awarding a proposed contract, pur- ever will be diminished for the Amer- Mr. FRANK of Massachusetts. Ms. LOFGREN. suant to 10 U.S.C. 2304(c)(7); to the Commit- ican people, and we are supposed to ac- tee on National Security. cept that this will just be slipped Mr. PALLONE. 1017. A letter from the Chief Executive Of- through the system on a piece of legis- Mr. HILLIARD in two instances. ficer, Resolution Trust Corporation, trans- lation, the GATT implementation leg- Mr. MOAKLEY. mitting the Corporation’s semiannual com- islation in which it had no right to be Mr. FAZIO of California. prehensive litigation report, pursuant to Mr. PETERSON of Minnesota. Public Law 103–204, section 3(a) (107 Stat. in in the first place, and we had to vote Mr. SCHUMER. 2374); to the Committee on Banking and Fi- yes on everything unless we wanted to Mr. DEUTSCH. nancial Services. say no in order to get that one little Mr. SANDERS. 1018. A letter from the Chairman, Federal piece out. Trade Commission, transmitting the 22d re- Mr. HAMILTON. This is a crime in progress. It is a port concerning the impact on competition Mr. DOOLEY. rip-off of historic magnitude, and I can and small business of the development and Mr. VISCLOSKY. swear to you tonight they will not get implementation of voluntary agreements Mr. DELLUMS. away with it. We will alert the Amer- and plans of action to carry out provisions of Mr. FARR. the International Energy Program, pursuant ican people. This Congress is alerted to Mr. CONDIT. to 42 U.S.C. 6272(i); to the Committee on it already, and one man will not stand Mr. HAYES. Commerce. in the way. Mr. BROWN of California. 1019. A letter from the Acting Director, De- f Mrs. SCHROEDER. fense Security Assistance Agency, transmit- Mr. RICHARDSON. ting the Department of the Air Force’s pro- posed lease of defense articles to Australia LEAVE OF ABSENCE Mr. MINETA. By unanimous consent, leave of ab- (Transmittal No. 23–95), pursuant to 22 U.S.C. Ms. ESHOO. 2796a(a); to the Committee on International sence was granted to: Mr. WYDEN. Relations. Mrs. MYRICK (at the request of Mr. Mr. FILNER. 1020. A letter from the Director, Defense ARMEY), for today, on account of fam- Mr. PASTOR. Security Assistance Agency, transmitting ily illness. Mr. TEJEDA. notification concerning the Department of Mr. LAFALCE (at the request of Mr. (The following Members (at the re- the Air Force’s proposed Letter(s) of Offer GEPHARDT), for today after 8 p.m., and quest of Mr. KNOLLENBERG) and to in- and Acceptance [LOA] to the Netherlands for tomorrow, June 14, on account of at- clude extraneous matter:) defense articles and services (Transmittal No. 95–27), pursuant to 22 U.S.C. 2776(b); to tending my son’s graduation cere- Mr. BAKER of California, in two in- the Committee on International Relations. monies. stances. 1021. A letter from the Assistant Secretary Mr. YATES (at the request of Mr. GEP- Mr. COBLE, in two instances. for Legislative Affairs, Department of State, HARDT), for today, on account of ill- Mr. SOLOMON, in two instances. transmitting the Department’s report on nu- ness. Mr. FORBES, in two instances. clear nonproliferation in South Asia for the f Mr. WELDON of Pennsylvania, in two period October 1, 1994, through April 1, 1995, instances. pursuant to 22 U.S.C. 2376(c); to the Commit- SPECIAL ORDERS GRANTED Mr. GEKAS, in two instances. tee on International Relations. 1022. A letter from the Assistant Secretary Mr. SHAW, in two instances. By unanimous consent, permission to of State for Legislative Affairs, transmitting Mr. ZIMMER, in two instances. address the House, following the legis- copies of the original report of political con- lative program and any special orders Mr. GILMAN. tributions by William J. Hughes, of New Jer- heretofore entered, was granted to: Mr. RADANOVICH, in two instances. sey, to be Ambassador Extraordinary and (The following Members (at the re- Mr. HANSEN, in two instances. Plenipotentiary of the United States to the quest of Mr. GONZALEZ) to revise and Mrs. KELLY. Republic of Panama, and members of his extend their remarks and include ex- Mr. PACKARD. family, pursuant to 22 U.S.C. 3944(b)(2); to Mr. GILMOOR, in two instances. the Committee on International Relations. traneous material:) 1023. A letter from the Assistant Secretary Mrs. COLLINS of Illinois, for 5 min- Mr. ARCHER, in two instances. (The following Members (at the re- for Legislative Affairs, Department of State, utes, today. transmitting notification that the Depart- Mr. LIPINSKI, for 5 minutes, today. quest of Mr. ROHRABACHER) and to in- ment has authorized danger pay for employ- Ms. JACKSON-LEE for 5 minutes, clude extraneous matter:) ees assigned to the Sindh Province of Paki- today. Mr. TEJEDA. stan, including the city of Karachi, pursuant (The following Members (at the re- Mr. BENTSEN. to 5 U.S.C. 5928; to the Committee on Inter- quest of Mr. KNOLLENBERG) to revise f national Relations. and extend their remarks and include 1024. A letter from the Assistant Secretary ADJOURNMENT of State for Legislative Affairs, transmitting extraneous material:) copies of the original report of political con- Mrs. SEASTRAND, for 5 minutes, on Mr. ROHRABACHER. Mr. Speaker, I tributions by David L. Hobbs, of California, a June 14. move that the House do now adjourn. career member of the Senior Foreign Serv- Mr. KNOLLENBERG, for 5 minutes, The motion was agreed to; accord- ice, class of Minister-Counselor, to be Am- today. ingly (at 10 o’clock and 19 minutes bassador Extraordinary and Plenipotentiary H 5904 CONGRESSIONAL RECORD — HOUSE June 13, 1995 of the United States to the Co-operative Re- poses (Rept. 104–137). Referred to the Com- By Mr. CONDIT: public of Guyana, and members of his family, mittee of the Whole House on the State of H.R. 1820. A bill to amend the Internal Rev- pursuant to 22 U.S.C. 3944(b)(2); to the Com- the Union. enue Code of 1986 to allow a credit against mittee on International Relations. income tax for the purchase and installation f 1025. A letter from the Director, Office of of agricultural water conservation systems; Personnel Management, transmitting OPM’s PUBLIC BILLS AND RESOLUTIONS to the Committee on Ways and Means. fiscal year 1994 annual report to Congress on By Mr. FARR (for himself, Mr. BLILEY, the Federal Equal Opportunity Recruitment Under clause 5 of rule X and clause 4 Mr. STUDDS, Mr. GILCHREST, Mr. Program [FEORP], pursuant to 5 U.S.C. of rule XXII, public bills and resolu- PALLONE, Ms. PELOSI, Mr. GEJDEN- 7201(e); to the Committee on Government Re- tions were introduced and severally re- SON, Mr. ACKERMAN, Mr. BENTSEN, form and Oversight. ferred as follows: Mr. SAXTON, Mr. MORAN, Mr. TAUZIN, 1026. A letter from the Inspector General, Mr. PETERSON of Florida, Ms. Railroad Retirement Board, transmitting By Mr. ROHRABACHER (for himself LOFGREN, and Mr. MARTINEZ): the semiannual report on the activities of and Mr. HAYES): H.R. 1821. A bill to amend the Internal Rev- the Office of Inspector General for the period H.R. 1814. A bill to authorize appropria- enue Code of 1986 to provide that the diesel October 1, 1994, through March 31, 1995, pur- tions for environmental research, develop- fuel tax on recreational boats shall be im- suant to 5 U.S.C. app. (Insp. Gen. Act) Sec. ment, and demonstration activities of the posed only at the retail level; to the Com- 5(b); to the Committee on Government Re- Environmental Protection Agency for fiscal mittee on Ways and Means. form and Oversight. year 1996, and for other purposes; to the By Mr. FRANK of Massachusetts: 1027. A letter from the Secretary of Labor, Committee on Science. H.R. 1822. A bill to provide that Federal transmitting the semiannual report on ac- H.R. 1815. A bill to authorize appropria- and State courts and agencies may not re- tivities of the inspector general of the Pen- tions for the National Oceanic and Atmos- quire that legal citations in which copyright sion Benefit Guaranty Corporation for the pheric Administration for fiscal year 1996, subsists be the only acceptable submission to period October 1, 1994, through March 31, and for other purposes; to the Committee on such courts and agencies where alternatives 1995, and the semiannual management report Science, and in addition to the Committee exist; to the Committee on the Judiciary. for the same period, pursuant to 5 U.S.C. app. on Resources, for a period to be subsequently By Mr. HANSEN (for himself, Mr. (Insp. Gen. Act) Sec. 5(b); to the Committee determined by the Speaker, in each case for ORTON, and Mrs. WALDHOLTZ): on Government Reform and Oversight. consideration of such provisions as fall with- H.R. 1823. A bill to amend the Central Utah 1028. A letter from the Chairman General, in the jurisdiction of the committee con- Project Completion Act to direct the Sec- U.S. Consumer Product Safety Commission, cerned. retary of the Interior to allow for prepay- transmitting the semiannual report on ac- H.R. 1816. A bill to authorize appropria- ment of repayment contracts between the tivities of the inspector general for the pe- tions for civilian research, development, United States and the Central Utah Water riod October 1, 1994, through March 31, 1995, demonstration, and commercial application Conservancy District dated December 28, pursuant to 5 U.S.C. app. (Insp. Gen. Act) activities of the Department of Energy for 1965, and November 26, 1985, and for other Sec. 5(b); to the Committee on Government fiscal year 1996, and for other purposes; to purposes; to the Committee on Resources. Reform and Oversight. the Committee on Science. By Mr. HAYES (for himself and Mr. 1029. A letter from the Chairman, Federal By Mrs. VUCANOVICH: BAKER of Louisiana): Election Commission, transmitting proposed H.R. 1817. A bill making appropriations for H.R. 1824. A bill to authorize the Secretary regulations governing the public financing of military construction, family housing, and of Labor to establish volunteer programs for Presidential primary and general election base realignment and closure for the Depart- the protection of employees of occupational candidates, pursuant to 2 U.S.C. 438(d); to the ment of Defense for the fiscal year ending hazards; to the Committee on Economic and Committee on House Oversight. September 30, 1996, and for other purposes; Educational Opportunities. 1030. A letter from the Executive Director, which was committed to the Committee of By Mr. JOHNSON of South Dakota: U.S. Olympic Committee, transmitting the the Whole House on the State of the Union, H.R. 1825. A bill to amend the Wild and annual audit and activities report for cal- and ordered to be printed. Scenic Rivers Act to limit acquisition of endar year 1994, pursuant to 36 U.S.C. 382a(a); By Mr. ARCHER (for himself, Mr. JA- land on the 39-mile headwaters segment of to the Committee on the Judiciary. COBS, Mr. THOMAS, Mr. DELAY, Mr. the Missouri River, Nebraska and South Da- 1031. A letter from the Administrator, Gen- CRANE, Mr. SHAW, Mr. BUNNING of kota, designated as a recreational river, to eral Services Administration, transmitting Kentucky, Mr. HOUGHTON, Mr. acquisition from willing sellers; to the Com- an interim report on the operation of four HERGER, Mr. MCCRERY, Mr. HANCOCK, mittee on Resources. Washington area telecommuting centers Mr. CAMP, Mr. RAMSTAD, Mr. ZIMMER, By Mr. McHUGH: funded by fiscal year 1993 and 1994 appropria- Mr. NUSSLE, Mr. SAM JOHNSON, Ms. H.R. 1826. A bill to repeal the authorization tions; jointly, to the Committee on Govern- DUNN of Washington, Mr. COLLINS of of transitional appropriations for the U.S. ment Reform and Oversight and Appropria- Georgia, Mr. PORTMAN, Mr. ENGLISH Postal Service, and for other purposes; to the tions. of Pennsylvania, Mr. ENSIGN, Mr. Committee on Government Reform and 1032. A letter from the Secretary of Com- CHRISTENSEN, Mr. SOLOMON, Mr. Oversight. merce, transmitting the annual report of the YOUNG of Alaska, Mr. MYERS of Indi- By Mr. MINETA: Secretary of Commerce to the Congress for ana, Mr. DORNAN, Mr. SMITH of Texas, H.R. 1827. A bill to amend title 49, United the fiscal year ending September 30, 1994, Mr. ROHRABACHER, Mr. FROST, Mr. States Code, to eliminate the requirement pursuant to 15 U.S.C. 1519; jointly, to the HALL of Texas, Mr. BURTON of Indi- for preemployment alcohol testing in the Committees on Commerce, Ways and Means, ana, Mr. LIPINSKI, Mr. TORRICELLI, mass transit, railroad, motor carrier, and Government Reform and Oversight, the Judi- Mrs. VUCANOVICH, Mr. SAXTON, Mr. aviation industries, and for other purposes; ciary, Science, International Relations, CALLAHAN, Mr. GALLEGLY, Mr. PICK- to the Committee on Transportation and In- Transportation and Infrastructure, and ETT, Mr. UPTON, Mr. POSHARD, Mr. frastructure. Banking and Financial Services. STEARNS, Mr. BARTLETT of Maryland, By Mr. SCARBOROUGH: f Mr. BREWSTER, Mr. CRAPO, Mr. H.R. 1828. A bill to require the Secretary of HILLEARY, Mr. INGLIS of South Caro- the Treasury to mint coins in commemora- REPORTS OF COMMITTEES ON lina, Mr. KNOLLENBERG, Mr. tion of the 50th anniversary of the U.S. Navy PUBLIC BILLS AND RESOLUTIONS MANZULLO, Mr. ROYCE, Mr. TALENT, Blue Angels; to the Committee on Banking Mr. CHAMBLISS, Mr. CHRYSLER, Mr. Under clause 2 of rule XIII, reports of and Financial Services. GANSKE, Mr. JONES, Mr. LARGENT, By Mr. WYDEN: committees were delivered to the Clerk Mr. THORNBERRY, Mr. WATTS of Okla- H.R. 1829. A bill to evaluate the effective- for printing and reference to the proper homa, Mr. WELLER, Mr. WHITE, Mr. ness of the juvenile justice system and re- calendar, as follows: WICKER, Mr. HOKE, and Mrs. JOHNSON port on certain information; to the Commit- Mr. LEACH: Committee on Banking and of Connecticut): tee on the Judiciary. Financial Services. Supplemental report on H.R. 1818. A bill to amend the Internal Rev- By Mr. WELDON of Pennsylvania (for H.R. 1062. A bill to enhance competition in enue Code of 1986 to allow a deduction for himself and Ms. DELAURO): the financial services industry by providing contributions to a medical savings account H. Con. Res. 74. Concurrent resolution au- a prudential framework for the affiliation of by any individual who is covered under a cat- thorizing the use of the Capitol Grounds for banks, securities firms, and other financial astrophic coverage health plan; to the Com- the exhibition of the RAH–66 Comanche heli- service providers (Rept. 104–127, Pt. 2). mittee on Ways and Means. copter; to the Committee on Transportation Mrs. VUCANOVICH: Committee on Appro- By Mr. BARRETT of Wisconsin: and Infrastructure. priations. H.R. 1817. A bill making appropria- H.R. 1819. A bill to amend the Internal Rev- By Mrs. KENNELLY: tions for military construction, family hous- enue Code of 1986 to allow individuals a re- H. Res. 166. Resolution designating minor- ing, and base realignment and closure for the fundable credit for adoptions expenses with a ity membership on certain standing commit- Department of Defense for the fiscal year larger credit for the adoption of a foster tees of the House of Representative; consid- ending September 30, 1996, and for other pur- child; to the Committee on Ways and Means. ered and agreed to. June 13, 1995 CONGRESSIONAL RECORD — HOUSE H 5905 MEMORIALS H.R. 820: Mr. HEFLEY, Mr. PICKETT, Mr. DELETIONS OF SPONSORS FROM MCINNIS, Mr. FOX, and Mr. FOGLIETTA. PUBLIC BILLS AND RESOLUTIONS Under clause 4 of rule XXII, memori- H.R. 833: Mr. BENTSEN. als were presented and referred as fol- H.R. 866: Mr. PICKETT and Mrs. MORELLA. Under clause 4 of rule XXII, sponsors lows: H.R. 868: Mr. BAESLER, Mr. MILLER of Flor- were deleted from public bills and reso- 110. By the SPEAKER: Memorial of the ida, and Mr. MCCOLLUM. lutions as follows: H.R. 873: Mr. BOEHNER, Mr. SMITH of New House of Representatives of the State of New H.R. 94: Ms. DANNER. Jersey, Mr. GALLEGLY, Mr. FRELINGHUYSEN, Hampshire, relative to the Clean Air Act H.R. 1299: Mr. KLECZKA. amendments; to the Committee on Com- Mr. EMERSON, and Mr. HUNTER. f merce. H.R. 904: Mr. LEVIN. H.R. 911: Ms. DUNN of Washington, Mr. 111. Also, memorial of the Senate of the GALLEGLY, Mrs. FOWLER, and Mr. MOAKLEY. AMENDMENTS State of Colorado, relative to protection of H.R. 952: Mr. HAYES and Mr. PETRI. the fourth amendment; to the Committee on Under clause 6 of rule XXII, proposed H.R. 972: Mrs. THURMAN. amendments were submitted as fol- the Judiciary. H.R. 973: Mrs. THURMAN and Mr. EMERSON. f H.R. 911: Mr. WILLIAMS. lows: H.R. 997: Mr. FOLEY, Mr. HEFNER, Mr. PAS- H.R. 1530 PRIVATE BILLS AND TOR, Mr. PICKETT, and Mr. POSHARD. OFFERED BY: MRS. COLLINS OF ILLINOIS RESOLUTIONS H.R. 1023: Mr. TORRICELLI, Mr. GILMAN, Mr. GALLEGLY, Mr. SHAW, Mr. WYNN, and Mr. (Amendment to the Amendment Offered by Mr. Under clause 1 of rule XXII, private JOHNSON of South Dakota. Clinger) bills and resolutions were introduced H.R. 1024: Mr. BASS. AMENDMENT NO. 2: Strike out sections 801, and severally referred as follows: H.R. 1043: Mr. FRAZER. 802, 803, and 806 in the matter proposed to be By Mr. SCARBOROUGH: H.R. 1090: Mr. HASTINGS of Florida, Mr. inserted, and insert in lieu of section 801 the H.R. 1830. A bill for the relief of Maj. Ralph SISISKY, and Mr. FORBES. following: Edwards; to the Committee on the Judiciary. H.R. 1100: Mr. BENTSEN. SEC. 801. COMPETITION PROVISIONS. H.R. 1114: Mr. WATTS of Oklahoma, Mr. H.R. 1831. A bill for the relief of Harold (a) CONFERENCE BEFORE SUBMISSION OF KANJORSKI, and Mr. LATHAM. David Strother, Jr.; to the Committee on the BIDS OR PROPOSALS.—(1) Section 2305(a) of H.R. 1118: Mr. STUPAK and Mr. LINDER. Judiciary. title 10, United State Code, is amended by H.R. 1124; Mrs. MEYERS of Kansas. By Mr. WISE: adding at the end the following paragraph: H.R. 1138: Mrs. MEYERS of Kansas and Mr. H.R. 1832. A bill for the relief of Bruce L. ‘‘(6) To the extent practicable, for each SMITH of Michigan. Holland; to the Committee on the Judiciary. procurement of property or services by an H.R. 1140: Mr. OWENS, Mr. MCDERMOTT, Mr. agency, the head of the agency shall provide f COLEMAN, and Mr. SERRANO. for a conference on the procurement to be H.R. 1169: Mr. FRANK of Massachusetts. ADDITIONAL SPONSORS H.R. 1210: Mr. TATE. held for anyone interested in submitting a bid or proposal in response to the solicita- Under clause 4 of rule XXII, sponsors H.R. 1279: Mr. FUNDERBURK, Mr. HAYWORTH, Mr. HANCOCK, Mr. SHADEGG, and Mr. MILLER tion for the procurement. The purpose of the were added to public bills and resolu- of Florida. conference shall be to inform potential bid- tions as follows: H.R. 1298: Mr. HERGER. ders and offerors of the needs of the agency H.R. 38: Mr. BALLENGER and Mr. BEREUTER. H.R. 1299: Mr. ENGLISH of Pennsylvania. and the qualifications considered necessary H.R. 60: Mr. LIPINSKI, Mr. BAKER of Louisi- H.R. 1317: Mr. MARKEY and Mr. PALLONE. by the agency to compete successfully in the ana, Mr. ROYCE, Mr. HILLEARY, Mr. WELLER, H.R. 1339: Mr. COLEMAN, Mr. SMITH of New procurement.’’. Mr. MCCRERY, Mr. HERGER, and Mr. HEFLEY. Jersey, Ms. SLAUGHTER, and Mr. CARDIN. (2) Section 303A of the Federal Property H.R. 65: Mr. SCARBOROUGH, Mr. TRAFICANT, H.R. 1431: Mr. LIPINSKI and Mr. ENGLISH of and Administrative Services Act of 1949 (41 and Ms. RIVERS. Pennsylvania. U.S.C. 253a) is amended by adding at the end H.R. 103: Mr. EVANS. H.R. 1444: Mr. WAXMAN. the following new subsection: H.R. 218: Mr. FUNDERBURK. H.R. 1493: Mr. EVANS, Mr. SERRANO, Mr. ‘‘(f) To the extent practicable, for each pro- H.R. 303: Mr. SCARBOROUGH, Mr. WELDON of MCDERMOTT, Mr. TOWNS, Mr. STUPAK, Mr. curement of property or services by an agen- Pennsylvania, Mr. SISISKY, Mr. TRAFICANT, MORAN, and Mr. ENGLISH of Pennsylvania. cy, an executive agency shall provide for a and Ms. RIVERS. H.R. 1496: Ms. RIVERS. conference on the procurement to be held for H.R. 310: Mr. MARTINI. H.R. 1501: Mr. DELAY and Mr. BURTON of In- anyone interested in submitting a bid or pro- H.R. 311: Mrs. MORELLA and Mrs. MEYERS diana. posal in response to the solicitation for the of Kansas. H.R. 1515: Mr. MATSUI. procurement. The purpose of the conference H.R. 1532: Mr. STUPAK, Mr. PASTOR, and Mr. H.R. 312: Mr. MARTINI and Mrs. WALDHOLTZ. shall be to inform potential bidders and BAKER of Louisiana. H.R. 313: Mr. MARTINI. offerors of the needs of the executive agency H.R. 1594: Mr. HOSTETTLER, Mr. ZELIFF, Mr. H.R. 354: Mr. EHLERS. and the qualifications considered necessary BONILLA, Mr. WELDON of Florida, Mr. H.R. 357: Mr. MARTINEZ. by the executive agency to compete success- METCALF, MR. PACKARD, and Mr. WELLER. H.R. 438: Mr. MARTINI. fully in the procurement.’’. H.R. 1610: Mr. ROGERS and Mr. FATTAH. H.R. 468: Mr. HASTINGS of Florida. (b) DESCRIPTION OF SOURCE SELECTION PLAN H.R. 1617: Mr. GOODLATTE. H.R. 481: Mr. MILLER of Florida and Mr. IN SOLICITATION.—(1) Section 2305(a) of title H.R. 1631: Mr. BONO. STEARNS. 10, United States Code, is further amended in H.R. 1649: Ms. LOWEY, Mr. DAVIS, Mr. H.R. 491: Mr. LAHOOD, Mr. BURR, and Mr. paragraph (2)— ENGEL, and Mr. DELLUMS. WELLER. (A) by striking out ‘‘and’’ after the semi- H.R. 1680: Mr. MINGE, Mr. EWING, and Mr. H.R. 528: Mr. MCDERMOTT and Mr. MATSUI. colon at the end of subparagraph (A); PETERSON of Minnesota. H.R. 563: Mr. DOOLITTLE. (B) by striking out the period at the end of H.R. 1708: Mrs. SEASTRAND, Mr. HOBSON, H.R. 580: Mr. FIELDS of Louisiana, Mr. subparagraph (B) and inserting in lieu there- Mr. ORTON, and Mr. SCHIFF. of ‘‘; and’’; and LATOURETTE, Mr. BREWSTER, Mr. TORRES, H.R. 1713: Mr. PETERSON of Minnesota, Mr. (C) by adding at the end the following new Mr. TORKILDSEN, Mr. EDWARDS, Mr. SERRANO, MCINNIS, and Mr. ORTON. subparagraph: Mr. LAFALCE, Mr. GRAHAM, Mr. CRAPO, Mr. H.R. 1735: Mr. POMEROY and Mr. HALL of KILDEE, Mr. ORTIZ, Mr. GALLEGLY, Mr. BONO, Ohio. ‘‘(C) a description, in as much detail as is Mr. CLEMENT, Mr. DICKS, Mr. TAUZIN, Mr. H.R. 1739: Mr. DIAZ-BALART, Mr. practicable, of the source selection plan of ENGLISH of Pennsylvania, Ms. LOFGREN, and CHAMBLISS, Mr. WOLF, Mr. MARTINEZ, Mr. the agency, or a notice that such plan is Mr. ROEMER. ROHRABACHER, Mr. TOWNS, Mr. PACKARD, and available upon request.’’. H.R. 587: Mr. REED. Mr. MONTGOMERY. (2) Section 303A of the Federal Property H.R. 598: Mr. NUSSLE, Mr. ROBERTS, Mr. H.R. 1744: Mr. TOWNS, Mr. ENGLISH of Penn- and Administrative Services Act of 1949 (41 LAHOOD, Mr. SOLOMON, Mr. GOSS, Mr. MAR- sylvania, Mr. DAVIS, Ms. LOFGREN, Mr. LU- U.S.C. 253a) is further amended in subsection TINI, Mr. BURR, Mr. RADANOVICH, and Mr. THER, and Mr. DOYLE. (b)— BROWDER. H.R. 1791: Ms. RIVERS. (A) by striking out ‘‘and’’ after the semi- H.R. 670: Mr. BRYANT of Texas. H.R. 1802: Mr. SCHIFF. colon at the end of paragraph (1); H.R. 704: Mrs. MEYERS of Kansas and Mr. H.R. 1807: Mr. FRAZER, Mr. BEILENSON, Mr. (B) by striking out the period at the end of JOHNSON of South Dakota. SMITH of Texas, Ms. JACKSON-LEE, and Mr. paragraph (2) and inserting in lieu thereof ‘‘; H.R. 709: Mr. MATSUI. FATTAH. and’’; and H.R. 713: Mr. BRYANT of Texas, Mr. JOHN- H. Con Res. 21: Mr. SANDERS and Mr. (C) by adding at the end the following new SON of South Dakota, and Mr. REYNOLDS. TORRICELLI. paragraph: H.R. 714: Mr. POSHARD. H. Con Res. 50: Mr. BAKER of California. ‘‘(3) a description, in as much detail as is H.R. 721: Mr. MINETA. H. Res. 160: Mr. BRYANT of Texas, Mr. GON- practicable, of the source selection plan of H.R. 784: Mr. ROYCE, Mr. CALVERT, Mr. ZALEZ, Mr. GORDON, Ms. KAPTUR, Mr. the executive agency, or a notice that such CRAPO, Mr. STUMP, and Mr. MONTGOMERY. MCHALE, and Ms. VELAZQUEZ. plan is available upon request.’’. H 5906 CONGRESSIONAL RECORD — HOUSE June 13, 1995

(c) DISCUSSIONS NOT NECESSARY WITH (d) PRELIMINARY ASSESSMENTS OF COMPETI- (2) Section 303B of the Federal Property EVERY OFFEROR.—(1) Section 2305(b)(4)(A)(i) TIVE PROPOSALS.—(1) Section 2305(b)(2) of and Administrative Services Act of 1949 (41 of title 10, United States Code, is amended by title 10, United States Code, is amended by (U.S.C. 253b) is amended by adding at the end inserting before the semicolon the following: adding at the end the following: ‘‘With re- the following: ‘‘With respect to competitive ‘‘and provided that discussions need not be spect to competitive proposals, the head of proposals, the head of the agency may make conducted with an offeror merely to permit the agency may make a preliminary assess- a preliminary assessment of a proposal, and that offeror to submit a technically accept- ment of a proposal received, rather than a may eliminate the proposal from further able revised proposal’’. complete evaluation of the proposal re- consideration if the head of the agency de- (2) Section 303B(d)(1)(A) of the Federal Property and Administrative Services Act of ceived, rather than a complete evaluation of termines the proposal has no chance for con- 1949 (41 U.S.C. 253b) is amended by inserting the proposal received, rather than a com- tract award.’’. before the semicolon the following: ‘‘and pro- plete evaluation of the proposal and may (e) FEDERAL ACQUISITION REGULATION.—The vided that discussions need not be conducted eliminate the proposal from further consid- Federal Acquisition Regulation shall be re- with an offeror merely to permit that offeror eration if the head of the agency determines vised to reflect the amendments made by to submit a technically acceptable revised the proposal has no change for contract subsections (a), (b), (c), and (d). proposal’’. award.’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, TUESDAY, JUNE 13, 1995 No. 96 Senate (Legislative day of Monday, June 5, 1995)

The Senate met at 9:15 a.m., on the SCHEDULE The PRESIDING OFFICER (Mr. expiration of the recess, and was called Mr. LOTT. Mr. President, this morn- CAMPBELL). Will the Senator from West to order by the President pro tempore ing the leader time has been reserved, Virginia amend his request? [Mr. THURMOND]. and there will be a period for morning Mr. THURMOND. Reserving the right business until the hour of 9:45 a.m. At to object. I would like 5 minutes fol- PRAYER 9:45, the Senate will immediately re- lowing the Senator from California. The Chaplain, Dr. Lloyd John sume consideration of S. 652, the tele- The PRESIDING OFFICER. Does the Ogilvie, offered the following prayer: communications bill. Senator from West Virginia amend his Almighty God, we praise You that it Under the order, the Senate will vote request? is Your will to give good things to on the motion to table the Dorgan Mr. BYRD. Yes, I so amend it. The PRESIDING OFFICER. Without those who ask You. You give strength amendment at 12:30 today. Following objection, it is so ordered. and power to Your people when we seek that vote, the Senate will stand in re- You above anything else. You guide the cess until the hour of 2:15 for the week- f humble and teach them Your way. Help ly policy luncheons to meet. Also, Sen- SETTING PRIORITIES us to humble ourselves as we begin this ators should be reminded that under Mr. THOMAS. Mr. President, let me day so that there will be no need for the provisions of rule XXII, Members life to humiliate us because of any ves- move quickly into what I thought have until 1 p.m. today to file first-de- tige of arrogance in us. We ask for the might be appropriate. I, of course, gree amendments. true humility of total dependence on spent my time at home during the Me- I yield the floor. You. morial Day recess, and I returned again You know what we need before we f to Wyoming this weekend. I would just ask You, and yet, encourage us to seek, like to comment very briefly on my knock, and ask in our prayers. When MORNING BUSINESS impression of what we are doing here, after having been here nearly 6 we truly seek You and really desire The PRESIDENT pro tempore. Under months, and the impression that I re- Your will, You do guide us in what to the previous order, there will now be a ask. We ask for Your indwelling Spirit ceived from those at home. period for the transaction of morning First of all, let me say that I think to empower us. business not to extend beyond the hour Our day is filled with challenges and there is an anxiousness in the elec- of 9:45 a.m. with Senators permitted to decisions beyond our own knowledge torate for the Congress to move for- speak therein for 5 minutes each. and experience. We dare not press ward. I wish, for example, and I want Mr. BYRD addressed the Chair. ahead on our own resources. In the to just observe things as they occurred The PRESIDENT pro tempore. The quiet of this magnificent moment of in 6 months from some previous experi- distinguished Senator from West Vir- conversation with You we commit this ences in the House. day. We want to live it to Your glory. ginia is recognized. It seems to me we have a difficulty in We ask for the wisdom of Your Holy Mr. BYRD. Mr. President, I only need setting priorities. It is too bad. There Spirit for the decisions of this day. about 10 minutes for my remarks. are some things surely most Members Make us maximum by Your Spirit for Would the distinguished Senator from would agree are more important than the demanding responsibilities and re- Wyoming be using more than 5 min- others. It would seem we really do not lationships of this day. We say with the utes? If not, I will be glad to yield and have a set of priorities. I wish we could Psalmist, ‘‘Blessed be the Lord, who let him proceed ahead of me. do that. Priorities on issues are fairly daily loads us with benefits, the God of Mr. THOMAS. I expect to use 5 min- well-defined in the country, not cer- our salvation!’’—Psalm 68:19. Lord, utes. tainly so well-defined here. anoint our minds with the benefits of Mr. BYRD. Mr. President, I ask unan- It seems to me we ought to be able to vision and discernment. Thank You in imous consent that I may follow the manage time better than we do. Time, advance for these blessings. Amen. Senator from Wyoming and that I may after all, is the resource that we have proceed for 10 minutes. f here, and certainly we consume too Mrs. BOXER. Reserving the right to much doing many things. Time be- RECOGNITION OF THE ACTING object, and I will not object. I wonder comes sort of a political strategy, not MAJORITY LEADER if we can amend that so that I can have particularly useful in debate, but rath- The PRESIDENT pro tempore. The 7 minutes following the Senator from er being used to posture ourselves one acting majority leader is recognized. West Virginia in morning business. way or the other.

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

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VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8200 CONGRESSIONAL RECORD — SENATE June 13, 1995 The balanced budget debate, for ex- There is a willingness to move forward, to beat the Serbs in a high-stakes ample, and certainly the issues, were particularly, I think, on the part of match of hide and seek; it was training exhausted relatively early, but the de- new Members. I think there is a will- that taught Captain O’Grady how to cisions did not come until the Members ingness to make fundamental changes survive the elements with only the were exhausted. Perhaps that is the in the way the Government works and, clothes he wore when he ejected from way it works. It does not seem like a for the first time in a very long time, his plane; and it was training in tac- good use of time. to analyze some of the programs and tical operations that allowed the U.S. I suspect there is a great deal of pos- say, is there a better way? Can we do Marines to fly into hostile territory turing for the media. I have a hunch, it? Indeed, does it need to be done by and pull Captain O’Grady out of the and of course I was not here before the the Federal Government? reach of the Bosnian Serbs. If nothing activities of the floor were shown on Mr. President, that is a quick, per- else, this ordeal has hammered home TV, but I suspect the conversations sonal analysis of where we are. Obvi- the maxim ‘‘train hard in peace to were somewhat shorter than they are ously, it is thrilling and exciting to be avoid mistakes in combat.’’ now. here. I think this session has new op- Mr. President, let me change tack It is difficult, and this is an irony, I portunities to look at things. just for a moment to praise the efforts do not know what we do about it. We I urge that we do set a priority. I of all the individuals involved in this have a better opportunity to commu- urge we do move forward with full de- rescue operation, especially those of nicate much more quickly than we bate, but not skidding our feet and try- the U.S. Marines. Though each of the have had in the history. Captain ing to stop things from happening. Peo- services have their own special oper- O’Grady shows up, and everyone knows ple expect more of Government than ations forces, each with their impor- about it 10 minutes afterward. That is that. I think the real measure of good tant and vital missions, the Marines wonderful, and that is the kind of com- Government is responding to what the have once again demonstrated their munication we have. Yet we still seem voters have said. worth as a force capable of going any- to communicate in sound bites, where Mr. President, I look forward to the where at anytime. I have no doubt that people really do not know the facts. next 6 months. I hope it is at least as Captain O’Grady now has a special un- That is too bad. productive, and hopefully more produc- derstanding of just what exactly the I happened to see the Chief of Staff of tive, than the past. I yield the floor. the White House on ‘‘Meet the Press’’ phrase, ‘‘The Marines have landed,’’ Mr. BYRD. Mr. President, under the means. the other day. It is almost as if a robot order I was to be recognized at this pushed a button and the same thing In many ways, what has transpired point for 10 minutes. The distinguished over the last week is a testament to came forward time after time. President pro tempore has an appoint- I think it is exciting that we have an the investment the United States has ment, and I ask unanimous consent opportunity. I think there are issues made in its Armed Forces, beginning that he may precede me, and I may out there. People are still concerned about 15 years ago. Captain O’Grady’s then follow. about taxes and spending. They think survival efforts were aided by the fact The PRESIDING OFFICER. Without this Government is too big and costs that he wore clothing designed to help objection, it is so ordered. too much. withstand the harshest elements and I think people sincerely want a bal- f he carried sophisticated communica- anced budget although there will be CONCERNING THE RESCUE OF tions and homing equipment that aided some pain. I think people are willing to CAPT. SCOTT O’GRADY those searching for the captain in find- ing him. Had O’Grady actually had to undertake that pain, to be responsible Mr. THURMOND. Mr. President, I defend himself against the enemy, he in a financial area. wish to thank the able and distin- I think regulatory relief is something was carrying a modern sidearm that guished Senator from West Virginia for that almost everyone would agree packs more than a dozen rounds in its his courtesy and kindness. with. Most anyone would say we are Mr. President, I do not think it is an magazine, a far cry from the .38 pistol overregulated in this country and we exaggeration to say that each of us that pilots of just a generation ago re- need to move more quickly to do some- breathed a sigh of relief when we lied on as a survival and defense tool. thing about that. learned last Friday of the rescue of Air Perhaps most impressive is that with a Real tort reform. We have played Force Capt. Scott O’Grady, whose F–16 minimal amount of preparation and with that some. It is not true yet, but was shot down over war-torn Bosnia planning time, a rescue operation was it is real tort reform on the edges. We earlier this month. mounted that required the combined need to do something. Our folks say we Probably no one was more relieved efforts of at least the Marines, Navy, need to do something about that. by the rescue of Captain O’Grady than and Air Force. Such interservice co- Welfare reform, I understand, will operation and efficiency was not in ex- come next. I am pleased for that. It is the young pilot himself. After spending 6 days eluding hostile forces, enduring istence just 12 years ago when the something that surely needs to happen. United States intervened in Grenada. Health care has moved off of the the wicked weather of the rugged Bos- nian mountains, and surviving on bugs, Regrettably, all the things that we highest level of visibility, but it does have worked so hard to achieve—a pro- not mean we do not have to do some- rainwater, and vegetation, Captain O’Grady summed up his feelings when fessional, well educated, well equipped thing. It does not mean that health military—that worked so well in Pan- care does not need some restructuring. he yelled to his rescuers, ‘‘I’m ready to get the Hell out of here.’’ I am con- ama, Desert Storm, and now in Bosnia, We ought to have a chance to do that. are being threatened by those who States rights. Everyone understands fident that was a sentiment that would would cut the defense budget. This is that, if we can move Government a lit- be shared by anyone else who went simply unacceptable, the United States tle closer to people, we will have better through the experience Captain needs a strong military that is ready decisions, Mr. President. O’Grady did. Those are, I believe, clearly the agen- Six days in the woods, hiding from and capable of meeting any enemy, da of people in this country. I think enemy soldiers and surviving on things anytime, anywhere. the agenda of this body and the agenda that you or I would rake up out of our Let us hope that there is one more of the Congress ought to more properly garden or spray to exterminate is cer- happy circumstance to come out of reflect that. tainly an amazing feat. It is primarily Captain O’Grady’s survival and res- I am a little discouraged. We have thanks to the skills and knowledge cue—that President Clinton realizes we lots of efforts to block what is going on that Captain O’Grady learned through must keep defense spending at a level simply for the purpose of blocking. I Air Force escape and evasion training which ensures we maintain the best am discouraged we do not have more that he was able to come through this military forces ever known to man. leadership from the White House in experience alive and unharmed. That is the only appropriate course of terms of issues we are working on. At every step of Captain O’Grady’s 6 action for our Nation to pursue. I am encouraged, on the other hand, day ordeal, training was key. It was The PRESIDING OFFICER. The Sen- that there is a willingness to change. training that allowed Captain O’Grady ator from West Virginia.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8201 THE LINE-ITEM VETO be used for its intended purpose, which, Be that as it may, developments in Mr. BYRD. Mr. President, I noted in his words, ‘‘is to delete extraneous the line-item veto saga have certainly with interest an article in the June 7th pork-barrel spending from appropria- taken a strange turn in recent days. On issue of the Washington Times entitled tions bills’’ is of no consequence. Once May 8, 1995, President Clinton wrote to ‘‘GOP Puts Line-Item Veto on Slow we give any President—not just this the Speaker of the House urging that Track.’’ President but including this Presi- Congress quickly complete work on the dent—such authority, it will be used by The first paragraph of the article line-item veto legislation, and espe- that President to its fullest extent in reads as follows: cially citing the need for the ‘‘ *** au- ways that will thwart the will of Con- thority to eliminate special interest Republicans are waiting until fall to enact gress and will enhance that President’s provisions, such as the tax benefits a line-item veto out of concern that Presi- agenda. This is precisely the reason dent Clinton might try to use it as leverage that were targeted to individual busi- to reshape the GOP’s tax-cut and balanced why I have so strenuously opposed both nesses earlier this year in H.R. 831.’’ budget legislation. enhanced rescissions and item veto The President was apparently referring bills, such as the Senate-passed sepa- As Senators might expect, I was to a provision of that bill which en- rate enrollment bill. abled a very wealthy individual, Ru- amazed to learn that apparently some The Washington Times article gives Republicans, who have so often in the pert Murdoch, to sell a television sta- further support to my concerns by tion to a minority-owned firm and to past urged the Senate to enact a line- quoting another Senator as follows: item veto, have now decided to with- defer paying any capital gains taxes on Many don’t want the line-item veto be- that sale. hold its enactment until after Congress cause it represents the biggest shift of power completes work on a tax cut and bal- in this century. More recently in the debate on the anced-budget legislation. In other Indeed it does, Mr. President. Pre- budget resolution, we heard a lot of words, the Republican plan is appar- cisely. And to give to any President— sound and fury from the White House ently to hold off on final passage of the any President—such a massive increase about the unfairness of savaging Medi- line-item veto until after completion of in authority over spending bills would care and Medicaid while building in tax congressional action on this year’s be a grave mistake. The system of breaks for the rich in the name of def- massive reconciliation bill, which will checks and balances and the separation icit reduction. contain changes in entitlement spend- of powers set forth in the Constitution Lo, and behold, just last week, I was ing, and on the 13 annual appropriation have proved over and over again the provided with a copy of a letter dated bills for fiscal year 1996, which will wisdom of our Founding Fathers. There June 7, 1995, wherein the President total around $540 billion; and, if the Re- is no compelling case to overturn their pledges to the Senate majority leader publicans have their way, on a major judgment by handing over to the Exec- that he will not use the line-item veto tax cut for the Nation’s wealthiest in- utive the power to excise items from authority on tax expenditures in this dividuals and corporations. appropriations bills, and, in so doing, year’s budget. The article then quotes two of the require a two-thirds override vote of Apparently, suddenly those tax Senate’s leading proponents of line- both Houses in order to secure spend- breaks for the wealthy, that we have item veto as to why it is that Repub- ing decisions approved by Congress. heard so much about, are really not so This is not to say that there are not licans want to deny this deficit-reduc- unfair after all—at least not this year. ing tool to President Clinton. improvements that could be made in ‘‘There is a great concern in the Sen- the existing rescissions process. We Mr. President, I am extremely dis- ate. We see this as a once-in-a-genera- could, for example, enact legislation mayed with this sudden reversal by the tion opportunity to put forward a bal- that will ensure that Presidents get a White House. anced budget. We would hate to have it vote on their proposed rescissions. We A 180-degree turn of this sort by the threatened for political reasons,’’ said should also broaden the rescission White House on matters which are pur- one Republican Senator. process to include not only appropria- ported to be of utmost importance to Lo, and behold, we have here a direct tions spending, but all spending, the Democratic Party and to the Amer- quote from a Republican Senator which whether it is contained in tax bills, or ican people in terms of fairness, good tells us, in effect, that if President in entitlement legislation. Surely all policy, and deficit reduction should Clinton is given the authority to line Senators know by now that the major leave all thinking Members of Congress out items in appropriation and tax cause of the deficits is not the appro- and the public wondering just why this bills, he might use that authority to priations bills. It is the growth in tax administration is willing to make such threaten these Republican bills ‘‘for expenditures and in entitlement spend- an outrageous pledge in order to get political reasons.’’ Can you imagine ing. That is what has to be cut if we this new item veto authority in its that? are to have any real chance of bal- House-passed form. The quote goes on to tell us that, ancing the Federal budget. And yet, What is suddenly so sacrosanct about There is a concern that the veto might be nothing in any line-item veto or en- tax expenditures? Why in the world used not for its intended purpose, which is to hanced rescissions or expedited rescis- would this President make such an un- delete extraneous pork-barrel spending from sions or separate enrollment bills wise and damaging pledge to the ma- appropriations bills, but used instead to re- would contain the growth in entitle- jority leader of the Senate? define the meaning of tax cuts. ments. Furthermore, and just as im- This President campaigned on the The Senator who has been quoted has portantly, nothing in any of these need to beef up infrastructure. What is put his finger on a problem which I quick fixes would cut one thin dime have pointed out to the Senate on a from the more than $450 billion in tax infrastructure? It comes from that por- number of occasions in the past; name- breaks that are already in the Tax tion of the budget which is called non- ly, that Presidents will invariably use Code—many of them have been there defense discretionary spending and it is the line-item veto to affect policy. for decades—and which will continue to contained in annual appropriations They will line out items and language exist and to grow until we have the acts. It is that portion of the budget in bills which do not comport with courage to reexamine each of them, which funds not only roads, bridges, their policies and, in so doing, will be and to cut back and eliminate those airports, sewer projects, water able to delete such items from tax, ap- which no longer can be justified. projects, and all the things that keep propriation, and other measures. Under I can certainly understand why any American commerce flowing, and pro- both the House-passed enhanced rescis- President would want line-item veto motes the well-being of communities sions bill and the Senate-passed sepa- authority. It gives a President a club and individuals. rate enrollment bill, Congress will then which he can wield to beat Members of It is also education. It is all the in- have the burden of reenacting items Congress into submission in support of vestments we make in our own people. which a President rejects, by a two- administration policies. Therein lies Let us remember that this President thirds vote of both Houses. the danger in the power shift that is just vetoed a rescissions bill because The fact that the quoted Senator be- talked about in the Washington Times education funding, he said, was cut too lieves that this authority should only article. much. Now we have this preposterous

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8202 CONGRESSIONAL RECORD — SENATE June 13, 1995 pledge by the White House, by the as a weapon to gain political advan- Senate, where it was substantially rewritten President, to use the line-item veto tage. and did not pass until March 23. House and only to cut spending and not to elimi- To all Members of Congress regard- Senate leaders still have not appointed con- nate tax giveaways to the rich. And less of party, I say, read the tea leaves ferees to iron out the differences between the two versions. one can only assume that the President and know that we are about to make a Since then, Mr. Clinton has adopted a is referring to domestic discretionary fundamental, monumental mistake by ‘‘veto strategy’’ against key GOP legislation, spending, since he has ruled Pentagon giving this President, or any President, including Congress’ $16.4 billion spending-cut spending completely out of bounds, off line-item veto in the form in which the bill, with veiled or explicit veto threats limits and to be sacred from the budget House has passed it. It would be an hanging over the House’s tax-cut and wel- knife. I see that the President has even evisceration of the people’s power fare-reform bills as well. referred to all congressional spending through their elected representatives. ‘‘I don’t agree’’ that line-item veto power as ‘‘pork’’ in his unfortunate letter to It would be a violation of our oath of should be withheld from President Clinton, said Rep. Gerald B.H. Solomon, New York the majority leader. Apparently there office to support and defend this Con- Republican and a House sponsor of the legis- is not one single morsel of ‘‘pork’’ in stitution. It would be a world-class lation. ‘‘I think whoever the president is, we the military budget, even though a blunder and a colossal mistake. ought to give him this power.’’ Washington Post story of a few weeks Mr. President, it is not too late for But he agreed that the legislation should ago reported gross waste, mismanage- the Senate to come to its senses and to be delayed until fall, contending that time ment, and extreme sloppiness at the realize the vastness of the mistake it will not permit the House and Senate to re- Pentagon in handling the people’s tax will make should it agree to the enact- solve their differences now. ‘‘Perhaps the best thing is to wait until dollars. ment of any legislation to give a Presi- fall when the budget is finished. There is no Mr. President, over the past 15 years, dent the ability to veto spending items sense in going through it now,’’ he said. with the exception of 3 years following and, thereby, to require a two-thirds ‘‘They don’t have the votes in the Senate for the 1990 budget summit, the discre- supermajority of both Houses to ensure the House bill, and we won’t accept their wa- tionary portion of the Federal budget that Congress’ spending decisions are tered-down version.’’ has suffered drastic cuts. Yet, under carried out. If we do so, I fear that we One White House official said Republican the budget resolution which recently will have started down an inexorable leaders are reneging on their promise to pass passed the Senate, non-defense discre- path that will ultimately lead to the the bill. ‘‘We have taken it on good faith that the tionary spending will be further deci- destruction of our Republican system congressional leadership wanted to pass line- mated. In fact, under the Senate-passed of government which our forefathers so item veto legislation so it could be used as budget resolution, non-defense discre- wisely and carefully crafted for this soon as possible,’’ the official said. ‘‘It’s hard tionary spending over the next 7 years great Nation. to believe that supporters of the line-item will be cut $190 billion below a 1995 Mr. President, I ask unanimous con- veto are saying it makes sense for every freeze; that is the equivalent of a $300 sent that the Washington Post article president but a Democratic president. . . . billion cut below the levels in the be printed in the RECORD, and such [The Republicans are] delaying the bill for President’s budget. By the year 2002, other material as I will supply. partisan reasons.’’ There being no objection, the mate- ‘‘They must be planning a lot of tax loop- nondefense discretionary spending will holes,’’ said Sen. Bill Bradley, New Jersey have been cut by nearly one-third, de- rial was ordered to be printed in the Democrat. He says he supports the line-item clining to 2.5 percent of GDP, a record RECORD, as follows: veto because ‘‘the one thing it does is allow low. Surely the President understands [From the Washington Times, June 7, 1995] the President to shine the light on some- that this will mean that we will have GOP PUTS LINE-ITEM VETO ON SLOW TRACK thing that’s indefensible.’’ no option but to cut infrastructure (By Patrice Hill) In a letter last month urging House and spending in all areas and cut it to the Republicans are waiting until fall to enact Senate leaders to move quickly on the legis- bone. Whether it is education, child a line-item veto out of concern that Presi- lation, Mr. Clinton cited tax breaks for mi- dent Clinton might try to use it as leverage nority-owned broadcasters as the kind of care, veterans benefits, environmental special-interest tax item he would target for cleanup, transportation infrastructure, to reshape the GOP’s tax-cut and balanced- budget legislation. a veto. ‘‘The job is not complete until a bill or any other infrastructure invest- ‘‘There is a great concern in the Senate. is sent to my desk,’’ he wrote. ments—they will all—all—suffer whole- We see this as a once-in-a-generation oppor- Mr. Clinton’s emphasis on using the veto sale cuts. Certainly these vital invest- tunity to put forward a balanced budget. We authority to eliminate tax preferences, and ments in our own people cannot all be would hate to have it threatened for political his enforcement of the House bill as ‘‘strong- simply labeled as ‘‘pork’’ and put on reasons,’’ said Sen. Daniel R. Coats, Indiana er and more workable’’ than the Senate bill, many have swayed some in favor of delaying the chopping block to protect tax Republican and co-author of the Senate version of the line-item veto bill. the legislation. goodies for the rich. Republicans on Capital Hill have been reel- Tax expenditures can certainly be ‘‘This year is unique,’’ Mr. Coats said, be- cause of the extraordinary number of major ing from Democratic charges that they are branded with the ‘‘pork’’ label as well. tax and spending overhaul bills going cutting spending on welfare, Medicaid and In many cases, tax loopholes are noth- through Congress, including the House’s $354 other programs benefiting the poor and the ing more than ‘‘pork’’ for the rich. And billion tax-cut bill, $540 billion in appropria- middle class to pay for tax cuts that largely to make matters worse, each tax break tion bills and about $650 billion in bills re- help the wealthy. for the well-to-do means that other forming Medicare, Medicaid, welfare and Tony Blankley, spokesman for House other entitlement programs. Speaker Newt Gingrich, Georgia Republican, Americans must pay a little more in denied that Republicans are thinking of de- taxes to make up the lost revenue. Fur- ‘‘There is a concern that the veto might be used not for its intended purpose, which is to laying the line-item veto because of the dif- thermore, every time we give the delete extraneous pork-barrel spending from ferences between the parties on tax and wealthy individuals or the big corpora- appropriations bills, but used instead to re- spending priorities. tions a tax break, infrastructure in- define the meaning of tax cuts,’’ he said. ‘‘We have been moving along on front- vestments that benefit us all have to Sen. John McCain, Arizona Republican and burner items. The budget has naturally had be cut in order to meet deficit reduc- co-author of the line-item veto proposal, precedence,’’ Mr. Blankley said, ‘‘My sus- tion targets. confirmed that Congress will put off the leg- picion is we haven’t focused on going to clo- How can the President capitulate on islation until it completes work on this sure because we’ve been focusing on the bal- year’s massive balanced-budget legislation. anced budget.’’ the matter of tax expenditures after a ‘‘Many don’t want the line-item veto be- He wasn’t surprised that some Senators debate like the one we just had on the cause it represents the biggest shift of power were talking abut delay. ‘‘The natural in- budget resolution which highlighted in this century,’’ he said. stinct for the Senate is to delay,’’ he said. the unfairness of granting tax breaks Their comments were greeted with surprise at the expense of Medicare as a na- and dismay at the White House and by some THE WHITE HOUSE, tional policy? What could possibly be House Republicans, who in January listed Washington, May 8, 1995. the motive behind such a direct flip- the line-item veto as one of three top items Hon. NEWT GINGRICH, Speaker of the House of Representatives, flop by this administration? I submit in their ‘‘Contract With America’’ that they hoped to place on Mr. Clinton’s desk by his Washington, DC. that it could only be a burning desire State of the Union address. DEAR MR. SPEAKER: I am writing to urge to get the line item veto authority, and The House passed its version of the line- that Congress quickly complete work on especially the authority to cut, to use item veto on Feb. 6, but it got stalled in the line-item veto legislation so I can use it—

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8203 this year—to curb wasteful tax and spending THE NOMINATION OF DR. HENRY choose or not, you do not punish a fine provisions. FOSTER man like this who has brought thou- We must not let another year go by with- Mrs. BOXER. Mr. President, as my sands of babies into the world, who has out the President having authority to elimi- mother always told me when I was helped countless people, many too poor nate special interest provisions, such as the growing up—as a matter of fact, until I to afford to pay. tax benefits that were targeted to individual Now, the majority leader sent out a businesses earlier this year in H.R. 831. was very grown up—if you have your health you have everything. She said proposed schedule from May to August. I am disappointed that six weeks after the I have it here. I ask unanimous consent Senate passed its version of line-item veto you can face anything, whatever the legislation, neither body has appointed con- problem, if you have your health. You that it be printed in the RECORD. ferees. As you may recall, I commended the can handle it, and you can give it your There being no objection, the list was House and the Senate last month for passing best. I do not think that anyone dis- ordered to be printed in the RECORD, as line-item veto legislation. However, the job agrees with that, and I think it applies follows: is not complete until a bill is sent to my to our country as well. Clearly, if we, PROPOSED SCHEDULE, MAY–AUGUST 4 desk that provides strong line-item veto au- as Americans, live longer with a better MAY thority that can be used this year. quality of life, if we have children who Budget resolution. I have consistently urged the Congress to are born healthy, who are born wanted, Supplemental—Rescission conference re- pass the strongest possible line-item veto. who are born loved, if our work force is port. While both the House and Senate versions Anti-terrorism bill. would provide authority to eliminate waste- healthy, we are more productive and JUNE ful spending and tax provisions, the House- our people can truly enjoy the bless- passed bill is much stronger—and more ings of liberty. Telecommunications. workable. I do not think there would be much Welfare reform. Regulatory reform. I appreciate your making passage of line- argument with that, even in this Sen- Defense authorization. item veto legislation a priority. I look for- ate where we argue about everything. I Foreign operations authorization. ward to working with the Congress to enact really do believe people would agree State reorganization/reauthorization. the line-item veto quickly. with that. If America is healthier, Gift ban. Sincerely, America is stronger, more productive. Appropriations—as available. BILL CLINTON. So let us for the sake of debate agree [Term Limits?]. on that point and move on. And I would JULY THE WHITE HOUSE, think if we were to agree on that point, Reconciliation. Washington, June 7, 1995. we would agree that it is time to vote Farm bill. Hon. ROBERT DOLE, on the Surgeon General, that it would Crime bill. Majority Leader, U.S. Senate, Washington, DC. be a good idea to confirm the one per- Securities litigation reform. DEAR MR. LEADER: I am deeply alarmed by son who really is charged with guard- Highway bill/Davis-Bacon repeal. today’s press report that some Republicans ing the Nation’s health. That person is Appropriations—as available. in the House and Senate want to continue to Mrs. BOXER. We have many things hold back the line-item veto so that I don’t Dr. Henry Foster, President Clinton’s have it during this year’s budget process. nominee for Surgeon General. Dr. that we have to do, and they are all The line-item veto is a vital tool to cut pork Henry Foster was nominated by Presi- very important. But, my goodness, from the budget. If this Congress is serious dent Clinton on February 2. He sent the May, June, July, and nothing here about deficit reduction, it must pass the nomination formally to the Senate on about a vote on Dr. Foster. Are things strongest possible line-item veto imme- February 28. On May 2 and May 3, the so wonderful in our Nation in terms of diately, and send it to my desk so I can sign hearings on Dr. Foster’s nomination our health that we can afford to go it right away. were held in the Senate Labor and without a Surgeon General? I think my This is not a partisan issue. Presidents Human Resources Committee, and on friend from Washington, immediately Reagans and Bush asked Congress for it time May 26 the committee favorably re- following my remarks, is going to show and again, and so have I. It was part of the the problems that we face in this Na- Republican Contract with America. It has ported out the nomination by a vote of strong support from members of Congress in 9 to 7. Now it is June 13. This man was tion in terms of our health. both parties and both houses. No matter sent forward in February. It is June 13. Have we solved the problem of teen what party the President belongs to or what We do not have a Surgeon General. We pregnancy—the epidemic, I should say, party has a majority in Congress, the line- do not have a No. 1 doctor looking out of teen pregnancy? Clearly not. Have item veto would be good for America. for the health of this the greatest Na- we solved the problem of the resur- If Congress will send me the line-item veto tion of all. It is time to bring the nomi- gence of tuberculosis? Clearly not. immediately, I am willing to pledge that this nation forward. Have we solved the problem of the year, I will use it only to cut spending, not I do wish the majority leader were on AIDS epidemic? Alzheimer’s? Lung on tax expenditures in this year’s budget. I the floor now because I had planned to cancer? Breast cancer? Parkinson’s? have already put you on notice that I will Ovarian cancer? Heart disease? I am veto any budget that is loaded with excessive ask him what his plans are for bringing tax breaks for the wealthy. But I need the the nomination forward. There have just naming a few. line-item veto now to hold the line against been some confusing signals. Some- Clearly, we have not solved those pork in every bill the Congress sends me. times I think it is going to come for- problems. In many of those areas, they The American people have waited long ward, and sometimes I am not so sure. are getting worse. And we deserve a enough. Congress should give them and the Dr. Henry Foster deserves a vote. It Surgeon General to look after those Presidency the line-item veto without fur- is the American way. We believe in problems day after day and hour after ther delay. fairness in our Nation. The bar was set hour. Sincerely, very high for Dr. Foster. Why? Because We face thousands of issues, you and BILL CLINTON. he is an OB–GYN, an obstetrician/ gyn- I, Mr. President, from parks and open Mrs. MURRAY. Mr. President, I ask ecologist and, therefore, yes, he has space to flood control to crime to for- unanimous consent that the Senator treated his patients as a good doctor eign policy. The Surgeon General will from Washington be given 7 minutes. would in this country, respecting their look after the health of America 24 The PRESIDING OFFICER. In addi- right to choose, guaranteeing their hours a day. We have a man who is up tion to the Senator from California’s 7 health, bringing thousands of babies to the job and has shown his courage minutes? into the world. And, yes, a very small and his leadership. Standing up to the percent of his practice involved a wom- harshest and most unfair attacks, he Is there objection? Without objec- an’s right to choose. came out of the committee on a 9-to-7 tion, it is so ordered. Are we going to punish him because vote. The PRESIDING OFFICER. The Sen- he is an OB–GYN? Are we going to be Why are we not taking up this nomi- ator from California is recognized for 7 afraid of a few in this country who nation? I will tell you why. It is poli- minutes. have tried to destroy Dr. Foster? This tics. It is Presidential politics. And Mrs. BOXER. Thank you very much, is the time to stand up and be counted. that is wrong. We have lots of time for Mr. President. Whether you are for a woman’s right to that. We have terrific candidates, and

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8204 CONGRESSIONAL RECORD — SENATE June 13, 1995 we have a great President, and it is and excludes women altogether. Given lung cancer; 51,000 Americans will die going to be a great campaign, but we that heart disease is the No. 1 killer of of AIDS; 46,000 women will die of breast should not bring it to this floor and women, we expect women to be in- cancer; 40,000 men will die of prostate hold up the nomination of the Surgeon cluded in clinical trials. cancer; and 14,500 women will die of General because everyone is going after We still have a long way to go. ovarian cancer. some block of voters to prove that they Women are the fastest growing demo- Mr. President, we need a national can be more antichoice than the next graphic group among those diagnosed public health spokesperson. We need a candidate. That is wrong. A woman has with HIV. We suffer from clinical de- Surgeon General, and we need a vote in a right to choose in this country. pression at rates twice that of men. the Chamber of the Senate on the nom- The fact is we have a Surgeon Gen- And we frequently are the victims of ination of Surgeon General. eral nominee who has the greatest domestic violence. I, too, will be back on this floor re- record in stopping teen pregnancy. It is imperative that the leading pub- minding my colleagues it has been 6 Mr. President, there are those who lic health official in our Nation be a months and the clock keeps ticking. say: What does the Surgeon General do forceful spokesperson on these issues. We want a vote. anyway? I am going to go through a Everyone agrees we need to reduce I yield the floor. little of this, and if my time runs out, teen pregnancy because it is a national I will be back tomorrow. I am going to priority. We need a Surgeon General f be back every day, every day, asking who understands the link between sex- TRIBUTE TO W.W. ‘‘SON’’ where is this nomination. It is not the ual abuse, adolescent pregnancy, and WEATHERFORD American way to keep a kind and de- building self-esteem among at-risk cent man waiting like this since Feb- youth. Mr. HEFLIN. Mr. President, we were Dr. Foster has experience in reducing ruary. We have had Surgeon Generals greatly saddened on May 24 by the teen pregnancy. His ‘‘I Have a Future’’ who have done some incredibly impor- death of W.W. Weatherford. At 81 years program was named a ‘‘Point of Light’’ tant things in terms of the fight of age, ‘‘Son,’’ as he was widely know, by President Bush because of its pio- against smoking, syphilis, AIDS—it had lived a life in which he devoted neering work. Dr. Foster has success- goes on. I will save that for another much of his time and energy to his fully demonstrated his ideas about pub- time. local community. lic health strategies that can greatly So in my remaining moments here, Son Weatherford served others just benefit our Nation. He has focused not Mr. President, I will summarize in this by carrying out the activities of his only on preventing teen pregnancy but way. There is no reason not to schedule day-to-day life. He ran the family busi- on preventing drug abuse, reducing in- this vote. This man passed out of the ness—the Weatherford Store, in Vina, fant mortality and ending smoking by AL, and was a member of the First committee on a 9-to-7 vote. He is fully children. He is a physician with vision, Baptist Church of Russellville, serving qualified. He has met every test. And, and he is a caring and honorable man. as both a deacon and a Sunday School yes, he is an OB–GYN. And I say to my When I first met with him a few friends, it is about time we had some- months ago, he mentioned the opening teacher. one with that kind of experience of lecture he gives to medical students. Son improved his community bringing babies into the world and tak- He spoke passionately about the impor- through the offices he held and the or- ing care of women’s health in the posi- tance of obstetrics and gynecology. He ganizations to which he belonged. He tion of Surgeon General. told me he reminds new OB-GYN’s that was probate judge for Franklin County, I yield the floor. without their work there would be no eventually becoming president of the Mrs. MURRAY addressed the Chair. art or architecture; without healthy Alabama Probate Judges Association. The PRESIDING OFFICER. The Sen- women and children there would be He was the chairman of the Franklin ator from Washington, Mrs. MURRAY, is nothing. County, Commission, president of the recognized for 7 minutes. Some politicians would have the Sen- Alabama Association of County Com- Mrs. MURRAY. I thank the Chair. ate exclude Dr. Foster from consider- missioners, and served as State direc- f ation because he has performed abor- tor of the State Mental Health Board. He fought for his country in World War THE CLOCK IS TICKING tions. I disagree. Abortion should not be the determining factor in the selec- II and became a member of the Amer- Mrs. MURRAY. Mr. President, I, too, tion of a Surgeon General. Let us not ican Veterans Association and the Red today rise to urge the majority leader tolerate the disqualification of this Bay American Legion. Son was also a to bring the nomination of Dr. Henry candidate because of his basic practice Mason and a charter member of the Foster, Jr., for U.S. Surgeon General to area. Dr. Foster has dedicated his life Bear Creek Watershed Association. He the Senate floor for a vote. to women’s health, the welfare of chil- was president of the Russellville Cham- I am very excited about the nomina- dren, and the well-being of families. ber of Commerce and was once recog- tion of Dr. Foster to be U.S. Surgeon Meanwhile, the clock is ticking. Dr. nized by that community as its Out- General. Dr. Foster is an OB-GYN, and Joycelyn Elders resigned her post, as standing Citizen of the Year. I appreciate the importance of his was stated, on December 9, 1994. This W.W. ‘‘Son’’ Weatherford will be sore- practice area to families and children. nomination was sent to the Senate on ly missed by the people of the town to For far too long in this Nation, wom- February 2, the nomination papers which he devoted so much of his en- en’s health concerns have been ne- were filed February 28, and the com- ergy, the family that he leaves behind, glected by our Government. One exam- mittee voted this out on May 26, 1995. and all those fortunate enough to have ple tells a whole story. Our Nation has now gone 6 months known him over the years. I offer my A National Heart, Lung, and Blood without a Surgeon General, and the condolences to his wife, Iva Jo, and Institute study of 22,000 physicians clock is ticking. their entire family in the wake of this begun in 1981 found that men who took Every 15 seconds a woman is bat- tremendous loss. aspirin every other day reduced their tered. And that is not all. Let me share incidence of heart attacks. The Insti- with my colleagues that the clock is f tute claimed that women were not in- ticking and every 59 seconds a baby is cluded in the study because to do so born to a teen mother. Every year, al- TRIBUTE TO COMDR. ROBERT would have increased the cost. As a re- cohol causes the death of nearly 20,000 MEISSNER, USN sult, today we do not know whether Americans. Every 17 minutes, AIDS MR. BINGAMAN. Mr. President, I this prevention strategy would help takes another American life. Every rise to recognize the dedication, public women, harm them, or have no effect. year, over 144,000 Americans will suffer service, and patriotism of Comdr. Rob- Gender equity in medical research a stroke. We need a national public ert M. Meissner, U.S. Navy, on the oc- has received increased attention over health spokesperson, and we need a casion of his retirement after 20 years the past few years. We no longer will Surgeon General. of faithful service to our Nation. tolerate a Government-funded heart This year alone, 95,400 men will die of Today Commander Meissner, a 1975 disease study which includes 22,000 men lung cancer; 62,000 women will die of graduate of the U.S. Naval Academy, is

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8205 serving his last day of a 12-month as- islative issues before the U.S. Senate. proud of Commander Meissner’s many signment as the Director of Senate Af- In early 1987, he was selected to serve accomplishments. A man of his ex- fairs for the Secretary of Defense. Dur- on the Secretary of Defense’s Legisla- traordinary talent and integrity is rare ing this and previous assignments over tive Affairs staff as an Assistant, re- indeed. While his honorable service will the past decade in the legislative af- sponsible for weapon systems’ procure- be genuinely missed in the Department fairs offices of the Department of the ment legislation. of Defense and here in the Senate, it Navy and the Office of the Secretary of After the U.S.S. Stark was attacked gives me great pleasure to recognize Defense [OSD] and in Senator GRAMM’s in the Persian Gulf in May 1987, Com- Comdr. Bob Meissner before my col- office, many of us have come to know mander Meissner became Secretary of leagues and send him all of our best Bob Meissner well and he has earned Defense Weinberger’s legislative point wishes in his new and exciting career. of contact to Congress on the Kuwaiti the admiration and respect of Members f on both sides of the aisle. reflagging and escort issue. Within 9 Legislative liaison is often a thank- months, he coordinated over 50 con- WAS CONGRESS IRRESPONSIBLE? less job. Interpreting the Pentagon to gressional briefings and hearings, made THE VOTERS HAVE SAID YES the Congress and the Congress to the 10 trips to the region with 28 Members Mr. HELMS. Mr. President, the sky- Pentagon is certainly no easy task. of Congress, and was cited by Congress- rocketing Federal debt, which long ago There is a well-known tendency in men, U.S. State Department officials, soared into the stratosphere, is in a Washington to shoot messengers of bad and Middle East foreign leaders for his category like the weather—everybody tidings. Commander Meissner has had efforts in promoting the administra- talks about it but scarcely anybody to convey bad news both to Members of tion’s successful Persian Gulf policy. had undertaken the responsibility of Congress and to senior Department of He assisted in writing a section of the trying to do anything about it. That is, Defense officials on many occasions. Persian Gulf chapter of former Sec- not until immediately following the The fact that he has survived to his re- retary of Defense Weinberger’s book, elections last November. tirement, and not only survived, but Fighting for Peace. When the 104th Congress convened in thrived and continually advanced in re- In March 1988, he was selected by the January, the U.S. House of Representa- sponsibility, is testament to his grace, Secretary of Navy as the first naval of- tives approved a balanced budget skill, honesty, and strong commitment ficer to receive a LEGIS congressional amendment. In the Senate only one of to excellence in carrying out his du- fellowship. He was assigned to the per- the Senate’s 54 Republicans opposed ties. sonal staff of Senator PHIL GRAMM, the balanced budget amendment; only Commander Meissner also brought a then the ranking member on the 13 Democrats supported it. Thus, the keen sense of humor to the job, which Armed Services Defense Industry and balanced budget amendment failed by is probably an essential qualification Technology Subcommittee, and served just one vote. There’ll be another vote for any legislative liaison officer. I am as his senior defense advisor and Na- later this year or next year. sure that many of my colleagues would tional Security Affairs legislative as- As of the close of business yesterday, join me in saying that Commander Bob sistant. Upon completion of his fellow- Monday, June 13, the Federal debt Meissner represents the epitome of the ship, Commander Meissner returned to stood—down to the penny—at exactly Pentagon legislative liaison officer and OSD [Legislative Affairs], where he as- $4,901,416,297,287.27 or $18,605.86 for we will miss his contributions to our sumed the responsibilities of the assist- every man, woman, and child on a per joint effort with the Pentagon to ad- ant for research, development, test and capita basis. vance our Nation’s security. evaluation. Let me briefly now summarize Com- In June 1990, he was promoted to Di- f mander Meissner’s career as a Naval of- rector for House Affairs, where he pro- COL. THOMAS W. SHUBERT ficer. vided direct liaison between the Sec- Commander Meissner holds a mas- retary of Defense and the U.S. House of Mr. THURMOND. Mr. President, I ter’s degree in government with dis- Representatives. In early 1991, Com- rise today to recognize Col. Thomas W. tinction, from Georgetown University, mander Meissner left the OSD staff and Shubert, a man many of us know and is a graduate of Harvard’s John F. reported to the President’s General Ad- through his duties working in the Of- Kennedy School of Government’s Sen- visory Committee on Arms Control and fice of the Secretary of the Air Force, ior Officials in National Security Pro- Disarmament as its Executive Direc- Legislative Liaison, Congressional In- gram. His military experience includes tor. Commander Meissner returned to quiry Division. four operational carrier deployments, OSD [Legislative Affairs] in January During his tour in the Congressional two with an air antisubmarine squad- 1993 and assumed responsibility for the Inquiry Division, Colonel Shubert es- ron and two as a strike operations offi- Research and Technology legislative tablished a reputation for depend- cer with the ship’s company, a staff as- portfolio with particular emphasis on ability and professionalism, and was signment as aide and executive assist- representing the Advanced Research firmly committed to helping us resolve ant, post graduate studies, and several Projects Agency [ARPA] and the ad- issues involving our constituents and joint duty staff assignments. He is an ministration’s dual-use and technology the Air Force. Additionally, Colonel antisubmarine warfare mission com- reinvestment programs. Shubert lent support to many Members mander in the S–3A aircraft and quali- In May 1994, Commander Meissner as- of both Houses on fact finding trips fied as an underway command duty of- sumed his current position as the Di- throughout the world. ficer. rector of Senate Affairs for the Depart- Mr. President, Colonel Shubert is an In October l983, as the U.S. task ment of Defense. Commander Meissner individual who reflects the highest force’s only on-scene strike operations has lectured at the Naval Postgraduate standards of the Air Force and I am officer, Commander Meissner sin- School and the Defense System’s Man- confident that he will distinguish him- gularly scheduled and planned the agement College on civil-military af- self in his new post as the Senior Mili- weapons for all Navy tactical combat fairs and congressional relations. tary Advisor and Air Attache to Den- air missions during the first 5 days of His military awards include the De- mark. the successful Grenada Operation Ur- fense Superior Service Medal, the De- f gent Fury. Two months later he was fense Meritorious Service Medal, the cited for his extraordinary contribu- Navy Meritorious Service Medal, the COL. MICHAEL V. HARPER tion in the successful execution of the Navy Commendation Medal [fourth Mr. THURMOND. Mr. President, I December 1983 retaliatory air strike award], and several unit commenda- rise to recognize the career and accom- over Beirut and the Bekaa Valley. In tions, expeditionary, and service rib- plishments of Col. Michael V. Harper, March 1985, Commander Meissner re- bons. Bob is married and resides with who is retiring after 26 years of distin- ported to the Navy’s Office of Legisla- his wife, Denise, in Falls Church, VA. guished service to the Army and the tive Affairs as a Senate liaison officer, Our Nation, the U.S. Navy, the De- Nation. where he assisted the Office of the Sec- partment of Defense as a whole, and es- Colonel Harper began his career as a retary of the Navy on political and leg- pecially his wife, Denise, can truly be Distinguished Military Graduate when

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8206 CONGRESSIONAL RECORD — SENATE June 13, 1995 he graduated from the Virginia Mili- The Senate resumed consideration of entry arrangement that is included in tary Institute in 1969 and was commis- the bill. this bill, and that is the purpose of the sioned a second lieutenant of infantry. Pending: amendment. It is one more dilatory In the months following his graduation (1) Dorgan modified amendment No. 1264, hurdle that should not be included. from Infantry Officers Basic School, to require Department of Justice approval The Antitrust Division of the Justice Lieutenant Harper earned two of the for regional Bell operating company entry Department has one duty, and that is Army’s most cherished qualification into long distance services, based on the to enforce the antitrust laws, primarily VIII(c) standard. badges, airborne wings and a Ranger (2) Thurmond modified amendment No. the Sherman and Clayton Acts. It has tab. After a tour with America’s famed 1265 (to amendment No. 1264) to provide for never had a decisionmaking role in Honor Guard, the 82d Airborne Divi- the review by the Attorney General of the connection with regulated industries. sion, Colonel Harper was ordered to the United States of the entry of the Bell oper- The Department has always been re- Republic of Vietnam where he was as- ating companies into interexchange tele- quired to initiate a lawsuit in the signed to the 1st Battalion (Airmobile), communications and manufacturing mar- event it concluded that the antitrust kets. laws had been violated. It has no power 327th Infantry, setting in motion a ca- Subsequently, the amendment was modi- reer that would bring him many com- fied further. to disapprove transactions or issue or- mands and responsibilities. (3) Feinstein-Kempthorne amendment No. ders on its own. Among his many assignments over 1270, to strike the authority of the Federal While the U.S. district court has used the next two decades, the colonel Communications Commission to preempt the Department of Justice to review re- served as: commander, A Company, State or local regulations that establish bar- quests for waivers of the MFJ, the De- 18th Infantry; Executive Officer, 1st riers to entry for interstate or intrastate partment has no independent decision- Battalion (Mechanized) 36th Infantry telecommunications services. making authority. That authority re- at Friedberg, Federal Republic of Ger- Mr. PRESSLER. Mr. President, I be- mains with the courts. In transpor- many; and, he commanded the 2d Bat- lieve the Senator from Mississippi is tation, in energy, in financial services talion (Mechanized), 16th Infantry at waiting to speak, and I have some busi- and other regulated businesses, Con- Fort Riley, KS. In addition to his troop ness to take care of, which we are gress has delegated decisionmaking au- leading time, Colonel Harper attended going to make some corrections on. I thority for approval of transactions the Command and General Staff Col- urge all my colleagues to bring their that could have competitive implica- lege and the Naval War College; served amendments to the floor. We are trying tions with the agency of expertise; in as a staff officer and Chief of the War to move this bill forward. We are try- this case, the FCC. Plans Division; and finally, as Director ing to get agreement on a lot of the The Congress has typically directed of the Chief of Staff of the Army’s per- amendments, and we are working fe- the agency to consider factors broader sonal staff group. In his capacity as verishly on several amendments that than simply the impact upon competi- General Sullivan’s staff director, Colo- we hope we can get agreements on. tion in making determinations. This nel Harper helped the Chief of Staff Those Senators who wish to speak or approach has worked well. Why do we transform the Army from a Cold War, offer amendments, I hope they will want to change it? It contrasts with forward deployed force into a power bring them to the floor. the role Justice seeks with regard to projection force ready to defend the We do have the vote on the under- telecommunications and the telephone Nation anywhere. Colonel Harper’s lying Dorgan amendment at 12:30 p.m. entry. Telecommunications is not the keen insight, sound judgment, and able and we will be looking forward to hav- only industrial sector to have a specific intellect have made a lasting contribu- ing several stacked votes later in the group at the Justice Department. It tion to the future of the Army and the afternoon. has antitrust activity in a transpor- continued security of the Nation. Mr. LOTT addressed the Chair. tation, energy and agriculture section, Mr. President, Colonel Harper has The PRESIDING OFFICER. The Sen- a computers and finance section, a for- been a model soldier throughout his ca- ator from Mississippi. eign commerce section and a profes- reer. He embodies the traits that the AMENDMENT NO. 1265, AS MODIFIED sions and intellectual property section. military expects of those who choose to Mr. LOTT. Mr. President, I rise to The size of the staff devoted to some serve: integrity; loyalty, selfless serv- speak in opposition to the Dorgan- of these sections is roughly equivalent ice: and, concern for soldiers. He is a Thurmond amendment that would put to that devoted to telecommunications man who has served the Nation well the Department of Justice into the and, I might add, it is too many in and he has our appreciation for his middle of this telecommunications every case. If we want to do a favor to dedication and sacrifices over the past entry question. This issue really is the American people, we should move 26 years, I join his friends and col- being pushed primarily by the Depart- half the lawyers in the Justice Depart- leagues in wishing him good health and ment of Justice but, of course, a num- ment out of the city and put them out great success in the years to come. ber of long distance companies are very in the real world where they belong, f much interested in it, and they are working in the U.S. attorneys’ offices asking that the Justice Department be fighting real crime. But, no, we have CONCLUSION OF MORNING given a decisionmaking role in the them piled up over in these various sec- BUSINESS process of reviewing applications for tions and, in many cases, in my opin- The PRESIDING OFFICER. Morning the Bell company entry into the long ion, not being helpful; in fact, being business is now closed. distance telephone service. harmful. f A grant of that type of authority to If the Department has special exper- the Justice Department, in my opinion, tise in telecommunications such that TELECOMMUNICATIONS COMPETI- is unprecedented. It goes far beyond it should be given a decisionmaking TION AND DEREGULATION ACT the historical responsibility of Justice. role in the regulatory process, does it The PRESIDING OFFICER (Mr. It is a significant expansion of the De- not also have a special expertise in DEWINE). Under the previous order, the partment’s current authority under the other fields as well? Today’s computer, Senate will now resume consideration MFJ, and it raises constitutional ques- financial services, transportation, en- of S. 652, the telecommunications bill, tions of due process and separation of ergy and telecommunications indus- which the clerk will report. powers. In short, I think it is a bad tries are far too complex and too im- The assistant legislative clerk read idea. portant to our Nation’s economy to as follows: Who among us thinks that after all elevate antitrust policy above all other A bill (S. 652) to provide for a procom- the other things that we have put in considerations in regulatory decisions. petitive, deregulatory national policy frame- this telecommunications bill that we The Justice Department, in request- work designed to accelerate rapidly private should have one more extremely high ing a decisionmaking role in reviewing sector deployment of advanced telecommuni- cations and information technologies and hurdle, and that is the Antitrust Divi- Bell company applications, for entry services to all Americans by opening all tele- sion of the Justice Department, which into long distance telephone service, communications markets to competition, would clearly complicate and certainly seeks to assume for itself the role cur- and for other purposes. delay the very delicately balanced rently performed by U.S. District

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8207 Judge Harold Greene. It does so with- one for me. I really understand that complish. Let us go with the Commerce out defining by whom and under what there is some ambiguity and some con- Committee experts who drafted this bi- standards its actions should be re- cern about what is this public interest partisan legislation. There are more viewed. test. But we have the hurdle of the than enough safeguards already in this Typically, as a prosecutorial law en- checklist, we have the State regulators bill and in existing law. Congress is forcement agency, actions by the De- and we also have the public interest also going to move this slowly. These partment of Justice have largely been test. So that is three hurdles already. changes will not happen overnight. It free of judicial review. In this case, the There is the requirement that the will take a while. And we will find Department also seeks a decision- Bell companies comply with separate some points that probably need to be making role. As a decisionmaker, subsidiary requirements. We want addressed later on. We can still do would the Antitrust Division’s deter- some protections, some firewalls, if that. minations be subject to the procedural you will. So there would be this sepa- If any competitive challenges arise protections and administrative due rate subsidiary requirement. There is because the Antitrust Division is not process safeguards of the Administra- the requirement that the FCC allow for allowed to convert itself into a tele- tive Procedures Act? I do not know full public comment and participation, communications regulatory agency, what the answer is to that question, including full participation by the then Congress can come back and re- but it is an important one. Antitrust Division of the Justice De- visit the issue. We are not finishing What does this do to the Depart- partment and all of its various pro- this once and for all. ment’s ability to function as a prosecu- ceedings. They are not excluded, they I just want to say that of all the bad torial agency? Should one agency be have a consultative role. They will be ideas I have seen around here this year, both prosecutor and tribunal? That is involved, but they just are not going to the idea that we come in here and put what they are trying to do here. This is be a regulator under this interest test. the Justice Department in a regulatory a power grab. We should not do this. There is the requirement that the role is the worst one I have seen. It at- Congress should reject the idea of giv- Bell companies comply with all exist- tacks the core, the center of this bill. ing the Justice Department a decision- ing FCC rules and regulations that are We have addressed the questions of making role in reviewing Bell company already on the books, including annual broadcasting and cable and fairness in applications to enter the long distance attestation, which is very rigorous in radio, television, as well as the Bells telephone business. It is bad policy, bad its auditing procedures; second, an and the long distance companies. This procedure and clearly a bad precedent. elaborate cost-accounting manual and is a broad, massive bill. But the core of Mr. President, as Senator EXON of procedure; computer assisted reporting it all is the entry test. If we pull that Nebraska very eloquently explained and analysis systems; and all of the ex- thread loose, this whole thing comes last Friday—I believe it was in the isting tariff and pricing rules. There is undone. afternoon—Congress has passed many also still the full participation of the Also, I want to say that I am con- deregulation measures—airlines, Sherman Antitrust Act and the Clay- vinced that the leaders of this com- trucking, railroads, buses, natural gas, ton Act regarding mergers. mittee will continue to move it for- banking, and finance. None of those There is the full application of the ward in good faith. If we find there are measures was given executive depart- Hart-Scott-Rodino Prenotification Act, some problems, or if we find when we ment coequal status with regulators. which requires Justice clearance of get into conference that the House has What the Justice Department is seek- most acquisitions. So Justice will be a better idea on some of these things, ing here is essentially a front-line role involved under the Hart-Scott-Rodino there will be give and take. But this is with ad hoc veto powers. Justice would Act. Also the full application of the the critical amendment. be converted from a law enforcement Hobbs Civil Appeals Act of the Commu- to a regulatory agency, and it should nications Act, which makes the Anti- I urge my colleagues to vote against not be. They would end up focusing trust Division automatically an inde- the Dorgan amendment, vote to table chiefly on just this sector of the econ- pendent party in every FCC common the Dorgan amendment, and do not be omy. We just do not need to create the carrier and rulemaking appeal. confused by the Thurmond second-de- equivalent of a whole new bureaucracy The approach in this bill was ham- gree amendment, because it is a small- and regulatory agency just for tele- mered out in the most bipartisan pos- er version of the Dorgan amendment. It communications. sible way, with great effort by the dis- is the old camel nose under the tent. Let us look at the nearly two dozen tinguished chairman and the distin- We should not start down that trail at existing safeguards that are already guished ranking member, and it in- this point. contemplated and required by this bill. volved give and take. It was not easy. Mr. HOLLINGS. If the Senator will Some people say, ‘‘Wait a minute, you I think the thing that makes me real- yield. The distinguished Senator from were looking at some things like this ize it is probably the best test we can Mississippi is really analyzing in a last year,’’ the VIII(c) test. That was a probably have is that nobody is per- most cogent fashion what discourages year ago, and it did not get through. It fectly happy with it. Everybody is a this Senator even further. I wondered if is a different world. The committee has little unhappy with it, showing to me the Senator from Mississippi agrees continued to work with all parties in- that it is probably fair. After all, as I that it will not only bring in the De- volved, the experts in the field, and we said in my opening speech on this sub- partment of Justice in a regulatory have laboriously come up with what I ject, what we are dealing with here is fashion and responsibility, but they ac- think is an understandable and fair an effort by everybody to get just a fair tually eliminate the Federal Commu- process to open up these telephone advantage. Everybody just wants a lit- nications Commission measuring of markets. tle edge on the other one. We have market competition. Listening to the First of all, a comprehensive, com- tried to say, no, we are going to have a language: ‘‘In making its determina- petitive checklist with 14 separate clear understanding here. Here is the tion whether the requested authoriza- compliance points, including inter- checklist, the public interest tests, and tion is consistent with the public inter- connection, unbundling, number port- all these FCC and Justice Department est, convenience, and necessity, the ability. That is the heart of what we involvements. This is fair to both sides. Commission shall not consider the would do in the entry test. And now they want to add one more antitrust effects of such authorization It also has the requirement that long jump to the process—to put the in any market for which authorization State regulators certify compliance. Justice Department in a regulatory is sought.’’ There is the requirement that the Fed- role. Big mistake. This has strong sup- So when they say antitrust, that eral Communications Commission port on both sides of the aisle. It is not means competitive effects. They lock make an affirmative public interest partisan whatsoever. out the word on competition, but that finding. We have already fought this Let us use our common sense here. is the intent. You can see how it has battle. We had an amendment to knock You know, that is a unique thing. Let been drawn. ‘‘ * * * shall not consider out the public interest requirements us try to apply some common sense to the***effects of such authoriza- and, quite frankly, that was a tough this law and what we are trying to ac- tion’’ on competition.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8208 CONGRESSIONAL RECORD — SENATE June 13, 1995 So they insert the word ‘‘antitrust’’ ex parte rights. The Justice Depart- trust Division of the Justice Depart- and do not put in ‘‘competition’’. But ment can operate in secret because it is ment handle that Hobbs Civil Appeals that is the intent. So where you have a prosecutorial agency. The Adminis- Act appeal by the Antitrust Division? the most recent and leading decision trative Procedures Act does not fully They are automatically an inde- here, the U.S. Court of Appeals in War- apply. So the nature of the two agen- pendent party. However, under this ner versus Federal Communications cies is different. amendment, they will have already Commission, where they stated right But, for the first time, under the ruled in a regulatory way. How will to the point, ‘‘The Commission struck Dorgan amendment, we would be cre- they do that? How can you rule in a an appropriate balance between the ating a regulatory role, permanently. regulatory decision and then be an competing interests of the cable com- Granted, the district court judge, independent party under the Hobbs panies and their subscribers,’’ giving Judge Greene, made a regulatory role Civil Appeals Act? Would they be act- the good government award to the FCC for some Justice Department lawyers ing against themselves? I do not see on measuring market competition. who actually worked for him, by his or- how we make that work. You see, the thrust of this amend- ders. But this would be the first time I thank my colleague on the com- ment, where they get this idea, is that as far as our research can find, that the mittee for the question. I yield the somehow the expertise is over in the Justice Department has been given a floor. Department of Justice, and none what- permanent regulatory decisionmaking Mr. PRESSLER. Mr. President, I ever, no experience or track record role. So does not this go to the very na- want to take a few minutes, and if ture of the division of power to the whatever in the Federal Communica- other Senators wish to speak, I will very nature of the Justice Department? tions Commission, which is totally yield immediately. If other Senators false. They have been doing it. I listed Mr. LOTT. I think it clearly does. I think it clearly is unprecedented. It wish to come to the floor to offer numerous competitive initiatives by amendments or to speak, I will eagerly the FCC in the past 10 years. And right would give this regulatory authority to an agency that has not been and should yield. We are trying to move this bill to the point here, when we told them, forward. look, in regulating the cable TV folks, not be a regulatory agency. I think there is clearly a conflict here. I know there are some events this find out whether or not effective com- morning that have detained some Sen- petition has developed within the mar- For those who do feel like the Justice Department must be involved, for ators, and there is the Les Aspin me- ket. Once the market is permeated those on the Judiciary Committee that morial service this afternoon that will with effective competition, no longer is worry about this sort of thing—and I detain some of our Members. regulation necessary. We are trying to move the tortuous So my question is not just the mat- am not one of them, thank goodness, I Senate process forward at a faster rate. ter of putting the nose of the camel want to emphasize—this does not take I want to take a few minutes to dis- under the tent, he is putting the whole away the existing law. The Justice Department will have a cuss yet another example of why the blooming camel in and crowds out the consultant role. They will have rights Justice Department should not be FCC. It said, look, we do not want the under the antitrust laws. The Sherman given the burden to carry out the in- FCC measuring competition and the Act will still be in place, as the Clay- tent of the amendment offered by Sen- market. ‘‘Shall not.’’ Now, say I am a ton Act will be in place, the Adminis- ator DORGAN. communications lawyer, so I read that trative Procedures Act will be in place, I have previously established a clear, and I say, the FCC is doing it, but the the Hobbs will be applicable and the unequivocal record. DOJ does not act law says, by the Congress, you have Hart-Scott-Rodino will be in place. All in a timely manner. Last night I had this betwixt and between. It is really will be there. several charts here showing how the confusion. Do you not see it a danger The Justice Department will be able Department, although it was asked to to the fundamental authority and re- to perform its normal role that it per- do things within a 30-day period, has sponsibility of the FCC? forms in all other areas where we have dragged things out over 3 years or Mr. LOTT. Absolutely, I think you moved toward deregulation. That is put your finger right on it. In that more. what their role should be. Not this new Additionally and importantly, the amendment, they not only want to add added power. Justice Department, they want to sup- Department cannot be trusted to en- Just in conclusion, Mr. President, I force the standard of review. Currently, plant the FCC role here. And that, to urge, again, our colleagues to support me, again, as I have said in my re- the DOJ and the court, under the MFJ, the chairman’s motion to table the are to apply an VIII(c) test. That is marks, is unprecedented. I think that Dorgan amendment. That will occur at also the standard in the Dorgan amend- the FCC clearly is an agency where the 12:30. ment. The recent Ameritech plan expertise exists. We have tried to make Mr. PRESSLER. If I could ask a this bill as deregulatory and competi- quick question of my colleague. The changes the VIII(c) test. tive as possible. But as we move toward Justice Department, under the Hobbs Now, the Department has announced this more competitive arena, we must Appeal Act, any time somebody goes to a plan to delay new competition in have some process to look and see that the FCC and they get a decision that long distance until the Department’s the requirements of the bill have been they do not like and they appeal it, the blueprint for local telephone markets met. The FCC is the one that should do Justice Department can be a party to has been implemented. The plan is that, not the Justice Department. So I that right now and under our legisla- styled as an agreement with thank the former chairman for his tion. So the Justice Department is a Ameritech. comments in this regard. very active participant in every FCC According to the New York Times, Mr. PRESSLER. If my friend will case. the announcement on Monday is clear- yield for a question, my question is, In fact, our legislation requires con- ly timed to coincide with events in does this go to the very nature of the sultation between the FCC and the At- Congress. Perhaps most important role of the Justice Department? torney General. But aside from that, is from a political standpoint, the Justice It is my understanding that the ena- it not true that they have an active, Department wants to preserve an im- bling act that created the Department aggressive role in what they are sup- portant role in determining when the of Justice, and the enabling legislation posed to be, the legal agency of the Bells should win freedom—this, accord- that created the Antitrust Subdivision Government, under the Hobbs Act in ing to an article by Edmund Andrews of the Department of Justice, has them appeals so they can be involved as an in the New York Times, April 2, 1995. as the enforcer of antitrust law, and independent party in every appeal? And I think that goes to the heart of it. the Justice Department is the enforcer just the threat of that would be very The Justice Department is trying to of law. They have a prosecutorial capa- great, would it not? preserve a role here. For the first time bility. And under the Administrative Mr. LOTT. Certainly that threat in my years up here, I see a major De- Procedures Act, if you go before the would be very great. partment seeking and demanding a role FCC, you have certain rights. The FCC Here is my question beyond what the and lobbying for it. That troubles me a has to be open. The FCC gives certain Senator is saying. How would the Anti- great deal.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8209 Despite its length and complexity, communications Act of 1995, the Commission Mr. President, both the current sys- many key details of the blueprint shall prescribe regulations to provide for the tem and that envisioned by the pending await further Department review and payment of support payments for universal legislation mandates subsidy flows approval. This is the Ameritech agree- service through a voucher system under this from company to company. As one subsection. ment. The Department has rushed the ‘‘(2) INDIVIDUALS ELIGIBLE TO MAKE PAY- former council to the FCC stated, announcement prior to the completion MENTS BY VOUCHER.—Payment of support ‘‘From one rich person to another rich of the period for public comments on payments for universal service by voucher person.’’ the plan in an effort to derail legisla- under this subsection may be made only by This amendment would fundamen- tion pending in Congress that would individuals— tally change that system. limit the Department’s role in regu- ‘‘(A) who are customers of telecommuni- cations carriers described in paragraph (3); Sixty-one years ago, the Congress lating the telecommunications indus- and passed the Communications Act of 1934. try. ‘‘(B) whose income in the preceding year The Act mandated that every Amer- I see a colleague has arrived. I will was an amount equal to or less than the ican, regardless of where they lived, re- yield to any Senator who has an amount equal to 200 percent of the poverty ceive basic telephone service at ap- amendment or a speech. We are trying level for that year. proximately the same rate. Therefore, to move this bill forward. I am de- ‘‘(3) CARRIERS ELIGIBLE TO RECEIVE VOUCH- individuals whether they live in urban lighted to yield the floor. ERS.—Telecommunications carriers eligible to receive support payments for universal America or rural America would pay Mr. MCCAIN. I will have an amend- service by voucher under this subsection are the same rate for telephone service, re- ment in a minute to bring to the floor. telecommunications carriers designated as gardless of disparities in cost of sup- I am very pleased that the Senator essential telecommunications carriers in ac- plying such service. from South Dakota, the distinguished cordance with subsection (f). This concept of urban-rural equality chairman of the committee, solicits a ‘‘(4) VOUCHERS.— known as ‘‘universal service’’ was speech from me. It is not very often. It ‘‘(A) IN GENERAL.—The Commission shall provide in the regulations under this sub- predicated on the agrarian/rural based must be an ample indication of the demographics of our Nation at that boredom that has set in here on the section for the distribution to individuals de- scribed in paragraph (2) of vouchers that time. Poorer rural areas required urban floor. may be used by such individuals as payment subsidies to meet the goal of universal While I am waiting to propose the for telecommunications services received by service. However, demographics have amendment, I would like to reiterate such individuals from telecommunications changed since 1934. Today, the major- my appreciation for the enormous ef- carriers described in paragraph (3). ity of Americans now live in urban set- fort expended by the chairman of the ‘‘(B) VALUE OF VOUCHERS.—The Commis- sion shall determine the value of vouchers tings. Telecommunications subsidy committee who has done just a super- schemes, however, have not changed human job of trying to shepherd this distributed under this paragraph. ‘‘(C) USE OF VOUCHERS.—Individuals to and the urban poor are being unfairly extremely complex and difficult piece whom vouchers are distributed under this forced to pay for telephone service for of legislation through this body. paragraph may utilize such vouchers as pay- those who can much better afford it. Again, I want to thank him for all of ment for the charges for telecommunications It is simply not fair for those living the cooperation and courtesy that he services that are imposed on such persons by at the poverty level in the inner city to has shown me and other Members of telecommunications carriers referred to in subparagraph (A). have to pay for telephone service to the this body as we have gone through this ultra wealthy with second homes in effort. I hope that there is light at the ‘‘(D) ACCEPTANCE OF VOUCHERS.—Each tele- communications carrier referred to in sub- places such as Telluride, Vail, Martha’s end of the tunnel, to borrow an old paragraph (A) shall accept vouchers under Vineyard, and the Boulders Resort Vietnam phrase, that we are nearing this paragraph as payment for charges for Area of Arizona. the end of the consideration of this telecommunications services that are im- It is time for a fresh look. As we de- very important legislation. posed by the telecommunications carrier on bate communications law reform, we Mr. President, I ask unanimous con- individuals described in paragraph (2). must step back and ask who is paying sent that the pending amendment be ‘‘(E) REIMBURSEMENT.—The Commission for what services. The answer is that set aside. shall, upon submittal of vouchers by a tele- The PRESIDING OFFICER. Without communications carrier, reimburse the tele- those who live in urban areas, as envi- communications carrier in an amount equal objection, it is so ordered. sioned in 1934, are subsidizing tele- to the value of the vouchers submitted. phone services for those who live in AMENDMENT NO. 1276 Amounts necessary for reimbursements rural areas. (Purpose: To require a voucher system to under this subparagraph shall be derived The belief that a universal service provide for payment of universal service) from contributions for universal support subsidy mechanism designed in the Mr. MCCAIN. Mr. President, I send an under subsection (c).’’. 1930’s is relevant today and must con- amendment to the desk and ask for its Mr. McCAIN. Mr. President, at the tinue is preposterous. Not only does it immediate consideration. outset, I have no illusions about the unfairly punish lower income, inner The PRESIDING OFFICER. The ability to adopt this amendment. I do city Americans, but it discourages fu- clerk will report. not think it will be adopted. I do, how- The legislative clerk read as follows: ever, think that it is a defining issue in ture competition in the local loop. Vigorous competition with its many The Senator from Arizona, [Mr. MCCAIN], how we view the role of Government proposes an amendment numbered 1276. and the role of our regulatory bodies. benefits to the consumer will only In an attempt to deregulate tele- flourish in a free market environment Mr. MCCAIN. Mr. President, I ask in which entrepreneurs believe they unanimous consent further reading be communications in America, and I can enter a line of business and make a dispensed with. think it is a defining issue very frank- profit. However, since the current tele- The PRESIDING OFFICER. Without ly, in whether we want to continue the phone subsidy scheme gives all benefits objection, it is so ordered. complex, myriad, incomprehensible to the incumbent company, the ques- The amendment is as follows: method that we are using today to try to attempt to provide access by all tion arises: What smart businessman or On page 43, strike out line 2 and insert in women would want to compete against lieu thereof the following: Act. Americans to telecommunications fa- ‘‘(k) TRANSITION TO ALTERNATIVE SUPPORT cility. the entrenched existing company? The SYSTEM.—Notwithstanding any other provi- Right now, I do not know of anyone answer is none. Thus, if we truly be- sion of this Act, beginning 2 years after the who knows how we subsidize, exactly, lieve in competition for telephone serv- date of the enactment the Telecommuni- people who are in need of the basic ices, we should advocate an end to sub- cations Act of 1995, support payments for telecommunications services in this sidies. universal service under this Act shall occur country. This amendment would make We should consider a phase out of ex- in accordance with the provisions of sub- it very clear and very simple. It would isting cross-subsidy mechanisms, in- section (l) rather than any other provisions of this Act. be the provision of vouchers for those cluding long-distance access charges, ‘‘(l) VOUCHER SYSTEM.— who need those services. It would re- subsidization of residential rates by ‘‘(1) IN GENERAL.—Not later than 2 years place the current telecommunications business rates, subsidization of rural after the date of the enactment of the Tele- subsidy scheme. rates by urban rates, and other rate

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8210 CONGRESSIONAL RECORD — SENATE June 13, 1995 averaging mechanisms in order to en- Mr. President, this amendment is a idea is somewhat behind the times, but it is sure that market prices accurately re- radical change from the status quo, still the only solution that could co-exist flect the true cost of providing service. and therefore I am under no allusion with a competitive marketplace. Free mar- Eliminating these barriers to the free that it will pass today. I do believe it kets, open access, and consumer choice are market will enhance competition and the better guarantors of innovative goods, lays the groundwork for the future and lower prices, and true universal service. If experience has proven that competi- should be supported by the Senate. policy makers instead continue to place tion causes prices to fall and improves There have been a number of inter- faith in the fairy tale of mandated universal customer service. When as many sub- esting articles written about the service, they will still be discussing how to sidies as possible are eliminated, when voucher system and the present sys- create a competitive marketplace at the free market economics has substan- tem. One of them was in the Wall turn of the century. tially replaced depression-era sub- Street Journal last January 20. It is by I am afraid that Mr. Thierer’s pre- sidies, the universal service goal that Mr. Adam Thierer, who is an analyst diction is, unfortunately, all too true. is contained in existing law could be with the Heritage Foundation in Wash- On January 11, 1995, in the Investors achieved by instituting a means-tested ington. Business Daily, there was an article voucher system to ensure that every- I would like to quote from some of that I think has some interesting facts one has the ability to receive telephone this article, because I think it frames in it. service. the issue pretty well. It begins by say- Under a voucher system, any house- About 6% of all American homes are still ing: hold, regardless of where they live, who without telephones. But the U.S. Census Bu- Republicans in Congress will soon intro- reau reports 99% own radios, 98% have tele- earns under 200 percent of the poverty duce deregulatory legislation that could rev- level would be eligible for telephone visions and 75% video cassette recorders—a olutionize the way America’s telecommuni- technology barely 20 years old. vouchers. Recipients could use the cations sector works. An outline of the pro- Discounting the implied subsidies of free vouchers to pay for any local telephone posed legislation in the Senate reveals that airwaves for broadcasters, radios and TVs Republicans plan to eliminate remaining service they desired, including cellular haven’t been bolstered by anything like the barriers to market entry * * * the Repub- or in the near future, satellite commu- complex web of subsidies and regulations lican plan at least starts off on the right nications systems such as PCS. The created over the years to foster universal foot. States, not the Federal Government telephone service. Yet it is evident from the outline that Re- should administer the voucher system publicans are no different from Democrats Several federal agencies manage about $1 because they can best respond to local when it comes to the Holy Grail of tele- billion in payments made by big phone com- priorities and needs. communications—universal service. The panies and put in the pockets of small ones. Vouchers could be reclaimed for dol- GOP lawmaker’s plan for universal service But the phone companies themselves set lars by local telephone companies cho- may place everything else they hope to ac- aside and transfer funds, as required by fed- sen by the consumer to provide service. complish at risk. eral rules, to subsidize service to the needy Therefore, the economic viability of The desire to create a ubiquitous tele- and rural communities. companies who have benefits from the communications system is indeed noble. The These subsidies, which total billions of dol- problem is that, by mandating universal lars, come from three sources: business current subsidy scheme will only be in users, long distance calls and urban cus- jeopardy if their customers decide they telephone service, policy makers effectively required that a monopolistic system be de- tomers, including residential. They are used no longer like their current phone com- veloped to deliver service to all. That meant to artificially reduce the cost of serving pany and seek a new provider, in other devising a crazy-quilt of internal industry rural areas, and to provide below-cost service words free-market economics at work. taxes that force low-cost providers to cross- to poorer households. Mr. President, I recognize that a subsidize high-cost providers. Hence, billions But analysts say the administrators of uni- voucher system may not be imme- of dollars of subsidies now flow from long- versal service funds, whether at federal agen- diately embraced by small rural tele- distance to local providers, from businesses cies or in phone companies, do little to as- phone companies. They are happy with to residences, and from urban to rural users. sess the need for assistance. And rate aver- the status quo that ensures them a But, despite these bountiful subsidies, aging, used by large phone companies, often steady revenue stream. A voucher sys- roughly one American out of every 17 still forces the poorest inner-city households to does not have a telephone in his home. subsidize rural service for even the richest tem does not recognize incumbency, it * * * * * gentlemen farmers and jet-setting skiers. recognizes merit. Worse yet, by arbitrarily averaging rates Reality tells us that the elimination across the nation, policy makers have unin- ‘‘The telecommunications welfare state tentionally created a remarkably regressive has been a disaster,’’ asserted Heritage of subsidies and the creation of a Foundation analyst Adam Thierer in a study voucher system would not only em- tax. Hence, a poor single mother on welfare in the inner city is often paying artificially published recently. ‘‘The regulatory model of power individuals but would encourage high rates to help subsidize service to the past six decades has failed.’’ telephone companies to compete more wealthy families who live in nearby rural In a study released Jan. 5, for instance, for local business. A voucher system is areas. There is nothing equitable about a Wayne Leighton of the Center for Market still a subsidy, but it is a much more system that arbitrarily assesses billions of Processes in Fairfax, Va., and Citizens for a benign subsidy then the anticompeti- dollars of internal industry taxes on con- Sound Economy in Washington, describes tive one which currently exists. sumers while failing to provide service to all. how the tiny resort community of Bretton Although the food stamp program is Yet policy makers continue to support the Woods, N.H., received $22,153 in subsidies last not embraced by all, it is important to current cross-subsidy taxes in the mistaken year, because its remote location on the note that we do not send money di- belief that they encourage ever-increasing shoulders of the White Mountains makes it a ‘‘high-cost’’ area to serve. That equates to rectly to the local Safeway, telling subscribership levels. Economists David Kaserman and John Mayo have appro- $82 for each of the community’s 269 phone them to bag a government proscribed priately labeled this belief a ‘‘fairy tale,’’ lines—many of which serve luxury hotels. list of groceries, and then to deliver since no causal relationship exists between ‘‘High-cost is not the same as high need,’’ them to everyone in a certain neigh- subsidies and subscribership levels. In fact, Leighton said. borhood, regardless of income. How- the exact opposite is the case. The 1980s saw ‘‘Indeed,’’ Leighton added, ‘‘poor inner-city ever, that is precisely what we do with decreased subsidies and increased residents rarely benefit from these programs, local telephone service. There is simply subscribership levels. since their telephone companies spread costs * * * * * no logic in today’s society for continu- If a free-market approach is unpalatable, over a great many users.... The result is ation of the current subsidy mecha- Republicans should consider means-tested subsidies often help middle- and upper-class nisms. telecom vouchers. State and local govern- subscribers lower their monthly phone Last, it is important to note that ments, not the feds, could simply offer poor bills.’’ while 99 percent of Americans have residents a voucher to purchase service from The giant regional telephone monopolies, purchased televisions without the ben- a provider of their choice. Make no mistake, which want to be allowed to compete with long-distance and cable television companies efit of a subsidy, only 93 percent of all this is still a subsidy, but at least it is one that will not discourage competitive entry. in those markets, say universal service sub- households have telephones. Perhaps It would be funded through general tax reve- sidies cost about $20 billion a year. due to the empowerment of individuals nues, to encourage legislators to target the Leighton, citing a study by the Tele- that a voucher system would perpet- subsidy as narrowly as possible. communications Industries Analysis Project, uate, as many American will have tele- One GOP staffer recently told me this ap- estimates the net transfer from urban cus- phones as have televisions. proach is ‘‘ahead of its time.’’ In fact, this tomers to rural at $9.3 billion a year.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8211 WHO PAYS? versal Service, New Solutions and Old phone stamps to purchase network ‘‘A lot of money can be pulled from an Myths.’’ service capability if they want by mail- urban area, without regarding who it’s being The mechanism that they propose to ing in the stamps with their bill. pulled from,’’ noted Heritage’s Thierer. address any such ‘‘market failure’’ As competition drives down the price To see the effects of subsidies, compare the would be: of technological alternatives, con- annual average household cost for telephone service in rural and urban areas. According . . . an explicit, market-compatible sub- sumers could choose from an expanding to a Federal Communications Commission sidy system with three primary components. array of network alternatives. This study published in July 1994, the average (1) universal service subsidies should be pro- would allow customers to maximize the ‘‘rural’’ household spent $549 in 1990, while in vided directly to end users, (2) all subsidies use of the network by placing at their big cities like New York, Chicago and Los must be clearly defined and designed to ter- disposal the technology best suited to Angeles, the comparable figures were $770, minate over time, and (3) all funding must be raised explicitly as a telephone subsidy. their means, lifestyles, and location. $660 and $748, respectively. The providers cash in telephone stamps Interestingly, a majority of the residents On the issue of furnishing the subsidy just as grocery stores do with food in all three of these major cities are either to end users: stamps. black or Hispanic. In other major cities with There are numerous advantages to this ap- large minority populations, like Detroit, At- Mr. President, universal service his- proach. Combined with means testing, it torically has been the subject of more lanta, Washington and Houston, the pattern would ensure that only those customers in is similar—all had substantially higher aver- need of a subsidy would receive money. assumptions than studies and discus- age household phone bills than did rural Therefore, to minimize market interference, sions of the issue and have generated households. subsidies should be provided directly to the more heat than light. I do not understand how we defend a end users—in the form of telephone stamps— The presumptions of the past have system that charges higher rates for who are the intended beneficiaries of the governed the debate for far too long. some of the poorest people in America subsidy. This is a three-step process: identify Rethinking these assumptions clears and minorities. We are having a great end users who cannot afford service; cal- the way and focuses the discussion on debate and we are going to continue to culate the differential between what they the issues that face telecommuni- can afford and the price of service; then pro- have a great debate over affirmative vide an appropriate amount of subsidy di- cations today. The issue today is not action. But it seems to me that at least rectly to the consumer. Carefully tailored the creation of universal service but its we ought to cure what is clearly re- means testing should minimize any abuse of preservation. Services are available verse affirmation actions. the program. today to most Americans. The remain- Consider just the poorest Americans, who This approach reduces marketplace inter- ing issue is service activation and af- presumably would qualify for subsidized ference by permitting the customers to fordability. Open competition among rates as low as $6 a month. The fact that choose how they spend their ‘‘telephone fully inoperative networks for local only 73% of households with annual incomes stamps.’’ For example, some urban cus- tomers might choose among competitively- service priced at its true cost, com- of less than $5,000 had phones in 1993 again bined with our proposed explicit and suggests that the subsidies do not reach priced alternatives such as cellular or PCS their intended targets. service rather than ordinary wireline service targeted approach to any necessary subsidies, is the best way to maintain Let me point out again that 73 per- as better suiting their multiple-job life- styles, while still being available for use at universal service while bringing the cent of households in America with an- home. Rural residents individually might benefits of a competitive marketplace nual incomes of less than $5,000 had also prefer a wireless to a wired service, or to all telephone customers. phones in 1993. might collectively for their region obtain Mr. President, I ask for the yeas and * * * But by one government estimate, 91% bids from multiple providers of multiple nays on this amendment. of all ‘‘poor’’ households owned color tele- technologies. visions by 1990. And this mechanism of distributing funds The PRESIDING OFFICER. Is there a The FCC data also show that between 1984 directly to end users also avoids the pre-se- sufficient second? and 1992, America’s black households on av- lection of a particular provider. Since cus- The yeas and nays have been re- erage spent between 12% and 23% more on tomers can spend their ‘‘telephone stamps’’ quested. Is there a sufficient second? phone services each month than did white as they wish, they will choose the tech- There appears to be a sufficient second. households. nology and provider who best matches their The yeas and nays were ordered. And according to 1990 census data, 68% of needs and budget. It may be that in some lo- Mr. McCAIN. Mr. President, I yield all blacks lived in the nation’s 75 largest cations, only one provider makes service the floor. urban areas—traditionally the source of available; in that case that provider will re- most phone company revenues. ceive all the subsidy money, but by oper- The PRESIDING OFFICER. Who Broken down by race, 77% of white house- ation of the marketplace rather than by reg- seeks recognition? holds in the poorest segment had phones, ulatory fiat. But it may also be that the Mr. GORTON addressed the Chair. while just 65% of blacks did. In the next availability of the pool of money represented The PRESIDING OFFICER. The Sen- highest income group, from $5,000 to $7,499, by the sum of all the ‘‘telephone stamps’’ ator from Washington. the percentages rose to 86% of whites and acts as an incentive to draw alternative pro- Mr. GORTON. Mr. President, what is 78% of blacks. viders and alternative technologies into the the pending business? The sole reason telecommunications is not area. The PRESIDING OFFICER. The as competitive as these other high-tech- The most difficult problem facing di- nology sectors is that, unlike them, it is not pending business is the McCain amend- governed primarily by consumer choice. rect user subsidization is the design of ment, which is No. 1276. an appropriately tailored mechanism Mr. GORTON. Mr. President, I ask * * * * * for distribution which will take many ‘‘There are other options,’’ Thierer ob- unanimous consent that we return to served, ‘‘but we’re just so scared about let- forms such as tax breaks, telephone the Feinstein-Kempthorne amendment. ting go of the past.’’ stamps, or service credits. These cred- Mr. McCAIN. I object. But so much has changed, critics of the its should be awarded on a needs basis The PRESIDING OFFICER. Objec- current system point out that a wealth of as determined through some more tion is heard. new technologies makes the old ways com- means testing, perhaps by tying it to Mr. McCAIN addressed the Chair. pletely obsolete. Today, cable television, other means-tested assistance pro- The PRESIDING OFFICER. The Sen- electric power and wireless systems can all grams in the State; that is, anyone who ator from Arizona. compete with telephone networks. Free-market reformers could grow more qualifies for any program on the Mr. McCAIN. I just proposed an optimistic, if they listen to House Speaker State’s list of means-tested programs amendment. I had anticipated that we Newt Gingrich, R–Ga. In recent testimony to also qualifies for a preset level of tele- would debate the amendment and vote the House Ways and Means Committee, phone assistance set to enable them to on it at an appropriate time. Gingrich suggested new policies should re- obtain basic telephone access. Mr. GORTON. I hope that the Sen- flect thinking ‘‘beyond the norm.’’ There would be no need to create a ator will not object. The Senate has al- Mr. President, I am first to admit separate bureaucracy. Similarly, the most completed its debate on a Fein- that a system of vouchers would be State agency that currently issues as- stein-Kempthorne amendment which clearly beyond the norm. sistance, such as food stamps, can also was proposed last night. I have a sec- Mr. President, I received a study issue the telephone stamps. The con- ond-degree amendment for that which I called ‘‘Local Competition and Uni- sumer could use the equivalent tele- would like to get in so that the body

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8212 CONGRESSIONAL RECORD — SENATE June 13, 1995 will understand exactly what it is Mr. GORTON. Mr. President, last tion about those three subsections is going to be voting on on that issue. night, our distinguished colleagues decided. Instead of being the Federal Mr. McCAIN. Let me say to my from California and Idaho proposed an Communications Commission with an friend, I was over in a hearing. The re- amendment with respect to a section appeal to a Federal court here in the quest was to come over and propose entitled ‘‘Removal of Barriers to District of Columbia, those controver- amendments because amendments were Entry.’’ That section in toto says that sies will be decided by the various dis- needed in the Chamber. I then left the the States and local communities can- trict courts of the United States from hearing. I came over here with my not impose State or local requirements one part of this country across to every amendment, asked that the pending that may prohibit or have the effect of other single one. amendment be set aside at the request prohibiting the ability of any entity to Now, Mr. President, in the view of of the distinguished chairman, pro- provide any interstate or intrastate this Senator, there is real justification posed the amendment, and fully antici- telecommunications services. in the argument for both sides of this pated debate and a vote on that amend- Mr. President, that, of course, is a question. The argument in favor of the ment. very, very broad prohibition against section as it has been reported by the Mr. PRESSLER. If my colleague will State and local activities. And so Commerce Committee is that we are yield, we are going to accommodate. thereafter there follow two subsections talking about the promotion of com- The problem, I am told this morning, is that attempt to carve out reasonable petition. We are talking about a na- that one of our Members is at a Viet- exemptions to that State and local au- tionwide telecommunications system. nam veterans ceremony. We are going thority. One has to do specifically with There ought to be one center place to try to stack the votes, if we could telecommunications providers them- where these questions are appro- have the vote at 4 o’clock. That is what selves and speaks in the general term priately decided by one Federal entity the leadership tells me, they are going of allowing States to preserve and ad- which recognizes the impact of these to try to stack votes; that we have vance universal service, protect the rules from one part of the country to votes after the Les Aspin memorial public safety and welfare, ensure the another and one Federal court of ap- service this afternoon. continued quality of telecommuni- peals. I did not create these things, but that cations services, and safeguard the On the other hand, the localism argu- is the situation we are in. rights of consumers, which are, of ment that cities, counties, local com- Mr. LOTT addressed the Chair. course, the precise goals of this Federal munities should control the use of The PRESIDING OFFICER. The Sen- statute itself. their own streets and should not be re- ator from Washington has the floor. However, the third exception is quired to come to Washington, DC, to Mr. McCAIN. Who has the floor, Mr. ‘‘Local Government Authority.’’ That defend a permit action for digging up a President? local government authority relates to street, for improving or building a new The PRESIDING OFFICER. The Sen- the right of local governments to man- utility also has great force and effect, ator from Washington has the floor. age public rights-of-way, require fair Mr. President. I think it is a persuasive Mr. GORTON. I made a unanimous and reasonable compensation to tele- argument. consent request and the Senator from communications providers, the use of So in order to try to balance the gen- Arizona objected. public rights-of-way on a nondiscrim- eral authority of a single Federal Com- Mr. McCAIN. I object. inatory basis, and so on. munications Commission against the Mr. GORTON. I would like to con- Then the final subsection is a pre- specific authority of local commu- tinue with the consideration of the emptive subsection, Mr. President, and nities, I have offered a second-degree amendment. it reads: amendment to the Feinstein-Kemp- Mr. LOTT addressed the Chair. If, after notice and an opportunity for pub- thorne amendment. I hope that the The PRESIDING OFFICER. The Sen- lic comment, the Commission determines sponsors of the amendment will con- ator from Mississippi. that a State or local government has per- sider it to be a friendly one. Mr. LOTT. I suggest the absence of a mitted or imposed any statute, regulation, or legal requirement that violates or is in- More often than not in this body, sec- quorum. ond-degree amendments are designed The PRESIDING OFFICER. The consistent with this section, the Commission shall immediately preempt the enforcement to totally subvert first-degree amend- clerk will call the roll. of such statute, regulation, or legal require- ments to move in a completely dif- The bill clerk proceeded to call the ment to the extent necessary to correct such ferent direction, sometimes to save roll. violation or inconsistency. Members from embarrassing votes. Mr. GORTON. Mr. President, I ask Now, our two distinguished col- This is not such a case. unanimous consent that the order for leagues said that that preemption was I have read the arguments that were the quorum call be rescinded. much too broad, that its effect would made by the two Senators who spon- The PRESIDING OFFICER. Without be to say to a major telecommuni- sored the first-degree amendment. I objection, it is so ordered. cations provider or utility all you have agree with them, but almost without Mr. GORTON. Mr. President, I ask to do, if the city of San Francisco or exception, their arguments speak unanimous consent that we return to the city of Boise attempts to tell you about the control by cities and other the Feinstein-Kempthorne amendment. what hours you can dig in the city local communities over their own The PRESIDING OFFICER. Is there streets or how much noise you can rights of way, an area in which their objection? Without objection, it is so make or how you have to reimburse authority should clearly be preserved, ordered. the city for the damage to its public a field in which they should not be re- AMENDMENT NO. 1277 TO AMENDMENT NO. 1270 rights-of-way, that all that the utility quired to have to come to Washington, (Purpose: To limit, rather than strike, the would have to do would be to appeal to DC, in order to defend their local per- preemption language) the Federal Communications Commis- mitting or ordinance-setting actions. Mr. GORTON. Mr. President, I send a sion in Washington, DC, and thereby I agree with those two Senators in second-degree amendment to the Fein- remove what is primarily a local ques- that respect, but I do not agree that we stein-Kempthorne amendment to the tion and make a Federal question out should sweep away all of the preemp- desk and ask for its consideration. of it which had to be decided in Wash- tion from an entire section, which is The PRESIDING OFFICER. The ington, DC, by the Federal Commu- entitled ‘‘Removal of Barriers to clerk will report. nications Commission. And so the Entry’’; that fundamental removal to The bill clerk read as follows: Feinstein-Kempthorne amendment those barriers, an action by a State or The Senator from Washington [Mr. GOR- strikes this entire preemption section. a city which says only one telephone TON] proposes an amendment numbered 1277 Now, the Senator from California I company can operate in a given field, to amendment No. 1270. think very properly tells us what the for example, or only one cable system In the matter proposed to be stricken, strike ‘‘or is inconsistent with this section, impact of that will be. It does not im- can operate in a given field, should not the Commission shall promptly’’ and insert pact the substance of the first three be exempted from a preemption and ‘‘subsection (a) or (b), the Commission subsections of this section at all, but it from a national policy set by the Fed- shall’’. does shift the forum in which a ques- eral Communications Commission.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8213 So this amendment does two things, ice in the public interest is protected, taking ities that we buy—natural gas, for ex- both significant. The first is that it into consideration the economic dominance ample, transportation, and so forth— narrows the preemption by striking the of providers in a market and this is a very unusual commodity that phrase ‘‘is inconsistent with’’ so that it ‘‘(2) review the ownership restriction in we are buying, information, although section 613(a)(1).’’ now allows for a preemption only for a maybe commodity is not exactly the requirement that violates the section. Mr. DORGAN. Mr. President, I am precise words like you are buying hard- And second, it changes it by limiting scheduled to testify before a base clos- ware and other sorts of things. ing hearing in the Cannon Building in the preemption section to the first two It really is an issue of giving power a matter of minutes, so I must leave subsections of new section 254; that is, to somebody to control to a very great the floor. I did want to offer this first- the general statement and the State extent the information that we get. degree amendment. It would essen- control over utilities. You say, ‘‘Well, I have community There is no preemption, even if my tially eliminate two provisions, the provisions in the underlying bill that standards in place.’’ That is true, the second-degree amendment is adopted, FCC does have control over community Mr. President, for subsection (c) which now abolish the current ownership re- strictions on television stations. standards, and there are lots of other is entitled, ‘‘Local Government Au- regulatory determinations that could thority,’’ and which is the subsection We currently have a 12-station own- ership limitation on television stations be made by the FCC, but it is the power which preserves to local governments to broadcast, the power to publish, the control over their public rights of way. and a 25-percent-of-the-national-audi- ence cap. I believe we ought to restore power to transmit information. It is It accepts the proposition from those the word, Mr. President. Unlike other two Senators that these local powers that and provide the authority to the FCC to make those determinations. I commodities, I have only 24 hours in should be retained locally, that any the day in which I can process this in- challenge to them take place in the think it makes no sense to include in this bill a provision that simply with- formation, in which I can either listen Federal district court in that locality to the radio or watch television or read and that the Federal Communications draws those restrictions on ownership. This bill talks about competition. If a newspaper, or go on-line, or call my Commission not be able to preempt kids, or listen to my kids, or engage in such actions. we allow this to continue in this bill, we will see a greater concentration of some manner, shape, or form in pur- So I hope that it is a way out of the chasing or using the information serv- dilemma in which we find ourselves, television ownership in this country, and we will end up with a half a dozen ices or equipment that this $800 to $900 the preservation of that local author- billion industry is out there manufac- ity without subverting what ought to companies controlling virtually all the television stations in America. I do not turing and producing and trying to get be nationwide authority. It will be a me to buy. So I have 24 hours a day. while, I think, before this comes to a think anybody can honestly disagree that that is the result of the provision That is all anybody has. vote. I commend this middle ground to What we have, over the years, under- both the managers of the bill and the in the underlying bill. I think we ought to restore the 12- stood is that the person who controls sponsors of the amendment. I hope that that information very often controls a they will accept it. station limit and the 25-percent-na- tional-audience cap and give the FCC great deal more than just the right to Mr. DORGAN addressed the Chair. sell to you. The person who controls The PRESIDING OFFICER (Mr. the authority to make its own judg- the right to own a station, radio or tel- FRIST). The Senator from North Da- ment and evaluate what kind of com- evision, or who controls the newspaper, kota. petition exists and what is in the pub- who controls some other information Mr. DORGAN. Mr. President, I ask lic interest with respect to this com- source, they are in control of much unanimous consent that the pending petition. This provision makes no sense more than just the right to sell you amendment be set aside so that I may at all in the underlying bill. some product. In fact, rarely—I am not offer another amendment. I will ask for the yeas and nays at an sure I can even cite an owner that does The PRESIDING OFFICER. Without appropriate point. I must leave to tes- not respect that they have more than objection, it is so ordered. tify before the Base Closing Commis- sion, and then I will return to debate just a fiduciary responsibility to share- AMENDMENT NO. 1278 holders. They understand that they (Purpose: To provide for Federal Commu- this legislation. My understanding is the Senator from Nebraska, Senator have a responsibility that is larger nications Commission review of television than that. broadcast ownership restrictions) KERREY, wants to speak on this. I am Mr. DORGAN. Mr. President, I have pleased he will do so while I am absent This amendment, I believe, main- an amendment at the desk. I offer a from the Chamber. tains what we have traditionally done, first-degree amendment on the issue of Mr. KERREY. Mr. President, I ask and that is to say you can get all the broadcast ownership restrictions. unanimous consent to be added as a co- competition you want with 12 stations The PRESIDING OFFICER. The sponsor of this amendment. and all the competition you want with clerk will report. The PRESIDING OFFICER. Without 25 percent—25 percent ownership in a The bill clerk read as follows: objection, it is so ordered. service area. That has worked. Again, I have not heard consumers come to me The Senator from North Dakota [Mr. DOR- Mr. KERREY. Mr. President, before on this one and say, gee, could you lift GAN], for himself, Mr. HELMS and Mr. the Senator from North Dakota leaves, KERREY, proposes an amendment numbered it is my intent, unless he objects now, the ownership restrictions because we 1278. after making my comments to ask for are not getting the kind of quality Mr. DORGAN. Mr. President, I ask the yeas and nays on this amendment, service we want, and we believe that if unanimous consent that the reading of unless the Senator will object to my we have 35 percent ownership of our the amendment be dispensed with. asking at the end of my remarks. television and radio stations in a serv- The PRESIDING OFFICER. Without Mr. DORGAN. I believe Senator ice area, that that will improve the objection, it is so ordered. HELMS wants to speak on it and prob- quality of our product, and if we con- The amendment is as follows: ably Senator SIMON as well. The Sen- centrate this industry even more, we Strike paragraph (1) of subsection (b) of ator can ask for the yeas and nays, are going to get improved quality of Section (207) and insert in lieu thereof the sure. product. following: Mr. KERREY. Mr. President, first, I believe that the amendment before ‘‘(b) REVIEW AND MODIFICATION OF BROAD- let me say that the central point of us illustrates this issue that I have CAST RULES.—The Commission shall: this whole legislation has been that we been raising a time or two on the floor, ‘‘(1) modify or remove such national and are trying to create a regulatory envi- which is that at stake here is the local ownership rules on radio and television ronment where competition can power of a business or an individual to broadcasters as are necessary to ensure that broadcasters are able to compete fairly with produce lower prices and higher quality do something—the power of an indi- other media providers while ensuring that service for the American consumer. vidual or a corporation, mostly, to do the public receives information from a diver- The service that is being sold is infor- something that they are currently pro- sity of media sources and localism and serv- mation. Unlike many other commod- hibited from doing. A corporation that

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8214 CONGRESSIONAL RECORD — SENATE June 13, 1995 owns radio or television stations cur- tion does a lot of ‘‘awful things’’ but that the to politicians. The communications industry rently has certain restrictions placed worst may be opening the doors to ‘‘a huge is the sixth-largest PAC giver, Auletta on them, and the bill, as currently de- consolidation of broadcast ownership, so noted. Viacom, a huge media conglomerate, had scribed, would lift a number of those that four, five, six or seven companies could own virtually all the television stations in plans to sponsor a big fund-raising breakfast restrictions. the United States.’’ for Pressler this month, Auletta reported, Mr. President, I ask unanimous con- Gene Kimmelman, co-director of Con- but the plans were dropped once Auletta sent that an article in this morning’s sumers Union, calls the legislation ‘‘deregu- started making inquiries: ‘‘Asked through a Washington Post by Tom Shales be latory gobbledygook’’ and says it would re- spokeswoman about the propriety of a com- printed in the RECORD at this time. move virtually every obstacle to concentra- mittee chairman’s shopping for money from There being no objection, the mate- tion of ownership in mass media. The deregu- industries he regulated, Pressler declined to rial was ordered to be printed in the lation of cable rates with no competition to respond.’’ cable firmly in place is ‘‘just a travesty,’’ The perfect future envisioned by the Re- RECORD, as follows: Kimmelman says, and allowing more joint publicans and some conservative Democrats [From the Washington Post, June 13, 1995] ventures and mergers among media giants is seems to consist of media ownership in very FAT CAT BROADCAST BONANZA ‘‘the most illogical policy decision you could few hands, but hands that hold tight rein (By Tom Shales) make if you want a competitive market- over the political content of reporting and entertainment programming. Gingrich re- It’s happening again. Congress is going place.’’ The legislation would also hand over a new cently appeared before an assemblage of ever so slightly insane. The telecommuni- chunk of the broadcast spectrum to commer- mass media CEOs at a dinner sponsored by cations deregulation bill now being debated cial broadcasters to do with, and profit from, the right-wing Heritage Foundation and re- in the Senate, with a vote expected today or as they please. Digital compression of broad- portedly got loud approval when he griped tomorrow, is a monstrosity. In the guise of cast signals will soon make more signal about the oh-so-rough treatment he and fel- encouraging competition, it will help create space available, space that Schwartzman re- low conservatives allegedly get from the huge new concentrations of media power. fers to as ‘‘beachfront property.’’ Before it press. There’s something for everybody in the even exists, Congress wants to give it away. Reuven Frank, former president of NBC package, with the notable exception of you Broadcasters could use the additional News, wrote about that meeting, and other and me. Broadcasters, cablecasters, tele- channels for pay TV or home shopping chan- troubling developments, in his column for phone companies and gigantic media con- nels or anything else that might fatten their the New Leader. ‘‘It is daily becoming more glomerates all get fabulous prizes. Congress bank accounts. obvious that the biggest threat to a free is parceling out the future among the com- There’s more. Those politicians who are al- press and the circulation of ideas,’’ Frank munications superpowers, which stand to get ways saying they want to get the govern- wrote, ‘‘is the steady absorption of news- more super and more powerful, and certainly ment off our backs don’t mind letting it into papers, television networks and other vehi- more profitable, as a result. our homes. Senators have been rushing forth cles of information into enormous corpora- Limits on multiple ownership would be with amendments designed to censor con- tions that know how to turn knowledge into eased by the bill, so that any individual tent, whether on cable TV or in the cyber- profit—but are not equally committed to in- owner could control stations serving up to 35 space of the Internet. The provisions would quiry or debate or to the First Amendment.’’ percent of the country (50 percent in the probably be struck down by courts as anti- The further to the right media magnates even crazier House version), versus 25 per- thetical to the First Amendment anyway, are, the more kindly Congress is likely to re- cent now. There would be no limit on the but legislators know how well it plays back gard them. Most dramatic and, indeed, ob- number of radio stations owned. Cable and home when they attack ‘‘indecency’’ on the noxious case in point: Rupert Murdoch, the phone companies could merge in municipali- House or Senate floor. fox mogul whom Frank calls ‘‘today’s most ties with populations up to 50,000. Late yesterday Sens. Dianne Feinstein (D- powerful international media baron.’’ The Broadcast licenses of local TV stations Calif.) and Trent Lott (R-Miss.) called for an Australian-born Murdoch has consistently would be extended from a five-year to a 10- amendment requiring cablecasters to received gentle, kid-glove, look-the-other- year term and would be even more easily re- ‘‘scramble’’ the signals of adults-only chan- way treatment from Congress and even the newed than they are now. It would become nels offering sexually explicit programming. regulatory agencies. When the FCC got brave nearly impossible for angry civic groups or The signals already are scrambled, and you not long ago and tried to sanction Murdoch individuals to challenge the licenses of even have to request them and pay for them to for allegedly deceiving the commission about the most irresponsible broadcasters. get them. Not enough, Feinstein and Lott where he got the money to buy six TV sta- In addition, the rate controls that were im- said; they must be scrambled more. tions in 1986, loud voices in Congress cried posed on the cable industry in 1992, and have The amendment passed 91–0. foul. saved consumers $3 billion in the years since, It’s a mad, mad, mad, mad world. These included Reps. Jack Fields (R-Tex.) would be abolished, so that your local cable An amendment expected to be introduced and Mike Oxley (R-Ohio). Daily Variety’s company could hike those rates right back today would require that the infamous V- headline for the story: ‘‘GOP Lawmakers up again. chip be installed in all new television sets, Stand by Murdoch.’’ They always do. Indeed, Sen. Bob Dole (R–Kan.), majority leader and that networks and stations be forced to Oxley was behind a movement to lift entirely and presidential candidate, is trying to ram encode their broadcasts in compliance. The the ban on foreign ownership of U.S. tele- the legislation through as quickly as pos- V-chip would allow parents to prevent vio- vision and radio stations. He wanted that to sible. Tomorrow he wants to take up the lent programs from being seen on their TV be part of the House bill, but by some mir- issue of welfare reform, which is rather iron- sets. Of course, they could turn them off, or acle, this is one cockamamie scheme that ic considering that his deregulation efforts switch to another channel, but that’s so got quashed. amount to a bounteous welfare program for much trouble. Why not have Big Brother do Murdoch, of course, is the man who wanted the very, very, very rich. it for you? to give Gingrich a $4.5 million advance to Dole made news recently when he took The telecommunications legislation is write a book called ‘‘To Renew America,’’ Time Warner Co. to task for releasing vio- being sponsored in the Senate by Commerce until a public outcry forced the House speak- lent movies and rap records with incendiary Committee Chairman Larry Pressler (R- er to turn it down. He is still writing the lyrics. His little tirade was a sham and a S.D.), whose initial proposal was that all book for Murdoch’s HarperCollins publishing smoke screen. Measures Dole supports would limits on multiple ownership be dropped. company. The huge advance was announced enable corporate giants such as Time Warner Even his supporters laughed at that one. last winter, not long after Murdoch had paid to grow exponentially. Dole is the one who’s ramrodding the legis- a very friendly visit to Gingrich on the Hill ‘‘Here’s the hypocrisy,’’ says media activ- lation through, and it’s apparently part of an to whine about his foreign ownership prob- ist Andrew Jay Schwartzman. ‘‘Bob Dole sits overall Republican plan for American media, lems, with the FCC. there on ‘Meet the Press’ and says, yes, he and most parts of the plan are bad. They in- Everyone knows that America is on the got $23,000 from Time Warner in campaign clude defunding and essentially destroying edge of vast uncharted territory where tele- contributions, and that just proves he can’t public television, one of the few wee alter- communications is concerned. We’ve all read be bought.’’ He criticizes Time Warner’s cor- natives to commercial broadcasting and its about the 500-channel universe and the entry porate responsibility and acts like he’s being junkiness, and even, in the Newt Gingrich of telephone companies into the cable busi- tough on them, but it’s in a way that won’t wing of the party, abolishing the Federal ness and some sort of linking up between affect their bottom line at all. Communications Commission, put in place home computers and home entertainment ‘‘Meanwhile he is rushing to the floor with decades ago to safeguard the public’s ‘‘inter- centers. In Senate debate on the deregula- a bill that will deregulate cable rates and ex- est, convenience and necessity.’’ tion bill last week, senators invoked images pedite the entry of cable into local telephone It’s the interest, convenience and necessity of the Gold Rush and the Oklahoma land service, and no company is pressing harder of media magnates that appears to be the rush in their visions of this future. for this bill than—guess who—Time War- sole priority now. ‘‘The big loser in all this, But this gold rush is apparently open only ner.’’ of course, is the public,’’ wrote media expert to those already rolling in gold, and the land Schwartzman, executive director of the Ken Auletta in a recent New Yorker piece is available only to those who are already Media Access Project, says that the legisla- about the lavishness of media contributions big landowners—to a small private club

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8215 whose members are all enormously wealthy ment of Justice. The Department of role, which is not in its enabling stat- and well connected and, by and large, politi- Justice seems to be seeking a regu- ute. Its enabling statute is that it is cally conservative. It isn’t very encouraging. latory role, which is unnecessary in supposed to be an enforcer of law. It is In fact, it’s enough to make you think that this bill—a role that the FCC plays. no small wonder the Department favors the future is already over. Ah, well. It was nice while it lasted. When we table the Dorgan-Thurmond the plan and strongly favors a similar amendment at 12:30, it will be because role under the proposed amendment be- Mr. KERREY. The headline of this of some of the problems. I am citing fore us today. Yet, it is the Depart- article says, ‘‘Fat Cat Broadcast Bo- the Ameritech experience, and I cited ment itself that is the greatest obsta- nanza.’’ an article in the New York Times that cle to progress under the current de- I admit that is a useful headline for said that it appears that the Justice cree, and the least capable of taking on me to make my point, but listen to the Department is determined to win a per- such regulatory responsibilities. All re- argument here. manent role in determining when the quests for waivers of the decree must Limits on multiple ownership would be eased by the bill, so that any individual Bells should win freedom. be processed by the Department before owner could control stations serving up to 35 Ameritech may have thought that it they are presented to the district percent of the country . . . had no choice but to accept the deal court. The Department has proven that was offered. But the Department’s The House, by the way, goes to 50 completely incapable of performing ability to force its will upon one com- percent versus the 25 percent now. that function. Delays of 3 to 5 years in pany does not render the so-called the processing of even simple waivers There would be no limit on the number of radio stations owned. Cable and phone com- Ameritech plan a model for the indus- are commonplace. Yet, the Department panies could merge in municipalities with try. Indeed the plan simply highlights is now trying for greatly increased populations up to 50,000. that the 1982 AT&T consent decree has powers and vastly expanded respon- Broadcast licenses of local TV stations broken down. It is time to return regu- sibilities. would be extended from a 5-year to a 10-year lation of telephone markets to Con- The Department’s new plan, in fact, term and would be even more easily renewed gress, the FCC, and the States. constitutes a repudiation of the basic than they are now. It would become nearly The Ameritech plan, which was tests for relief contained in the AT&T impossible for angry civic groups or individ- agreed to about 2 months ago, has been consent decree. Instead of simply dem- uals to challenge the licenses of even the touted as opening markets, both local most irresponsible broadcasters. onstrating to the court that it cannot In addition, the rate controls that were im- and long distance, to increased com- impede competition in the market it posed on the cable industry in 1992, and have petition. What it is, in fact, is a seeks to enter—which is all the decree saved consumers $3 billion in the years since, sketchy proposal for a complete re- requires—Ameritech must first imple- would be abolished, so that your local cable structuring of how local telephone ment a series of changes in its local company could hike those rates right back service is provided and billed. If it is telephone operations, all of which are up again. ever implemented, it will bring about a outside of the scope of the decree. Mr. President, I believe that those, massive shift of power from State and This is a betrayal of the bargain like myself, who want a competitive Federal regulators and the decreeing reached in 1982. environment in telecommunications, court to the Department of Justice. At The Department, in attempting to who want to support a bill that moves the very least, the plan would compel take on the roles of State public utility us from a monopoly at the local level local telephone companies to change to commission, FCC, and decree court, is to a competitive environment, who be- usage-sensitive billing of the kind that guilty of gross overreaching. It is also lieve that you can get benefits from Ameritech has already implemented in playing into the hands of those who competition, that consumers, tax- Chicago. In other words, all residential hope to kill the legislation and further payers, and citizens, will say, Senator, subscribers would end up paying a flat delay the opening of telecommuni- I am glad you voted for that bill. I be- up-front fee for every local call they cations markets to genuine competi- lieve we can get that kind of competi- make, plus additional measured tion. tion without changing the ownership charges for every minute of local It also clearly demonstrates that de- rules for our broadcasters. I just do not usage. Ameritech has been filing tariffs bate over this amendment is not about see a compelling reason for it. I do not since 1992 to move in this direction. the appropriate standard for review, see, indeed, increased competition. I Those tariffs have been accepted in Illi- but whether any DOJ role is appro- think an argument can be made, in nois but nowhere else. priate given the poor track record at fact, that it is moving in the wrong di- Most States and most residential Justice. rection, much more toward a con- consumers will find this repudiation of Now, the proposed order is a blue- centration and less competition, and price-averaging and universal service print for additional proposed orders. thus I support the Dorgan amendment wholly unacceptable. What the Depart- The order that the Department is pro- before us now. ment hopes to do is to force these other posing for Judge Greene’s signature is I yield the floor. States, against their better judgment, a long, rambling, and almost impen- Mr. PRESSLER addressed the Chair. to go along with its sketchy proposal etrable legal document. It is also not The PRESIDING OFFICER. The Sen- as the price of ensuring that their local self-effectuating. ator from South Dakota. telephone companies are able to pro- Even if Judge Greene signed the Mr. PRESSLER. Mr. President, I vide a full range of services. While the order today, nothing would happen. wish to continue the speech that I plan may or may not be workable in Ameritech would not be permitted to began regarding the standard of review parts of Ameritech’s service area, it enter any interexchange market. There in the Justice Department. If other would upset the fundamental regu- is no deadline for when it comes. Senators wish to offer amendments—I latory schemes of most States if ap- The order demands many further lay- see that my colleague from Missouri plied more broadly, leading to dramati- ers of review by the Department and has arrived. If he wishes to speak, I cally higher prices for many residen- permits the possibility of Bell having will yield the floor. tial customers. long distance at uncertain future dates Mr. ASHCROFT. Thank you. I would Moreover, even after implementing at two areas that serve 1.2 percent of be pleased to speak, but I would like to the mandates of the Department, the population. The order is 39 pages gather my thoughts. Ameritech will not get long distance long and contains 50 main paragraphs. Mr. PRESSLER. I ask unanimous relief until the Department of Justice, This decree, the Ameritech decree, is consent that the speech I am giving in its discretion, decides it should. twice as long as the consent decree will continue at the point I broke off to Thus, the Department of Justice will that broke up the old Bell system in yield to other Senators. become the Federal regulator, State 1984. That is a reflection of lawyers at The PRESIDING OFFICER. Without regulator, and judge, all rolled into work, I suppose. objection, it is so ordered. one. The proposed order is being described AMENDMENT NO. 1265, AS MODIFIED For some reason, that seems to be as one that will permit a Bell company Mr. PRESSLER. Mr. President, I am what the Department of Justice wants. to enter the long distance market. The speaking about the role of the Depart- It wants to take on this regulating order contains no such permission. It

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8216 CONGRESSIONAL RECORD — SENATE June 13, 1995 does not grant Ameritech the right to authorizing the entry by the Bell oper- make good decisions and the right de- provide interexchange services in the ating companies into the long distance cisions. However, the amendment temporary waiver territory. markets. which is now being considered would All the order itself achieves is a Senate bill 652, which was the study add the Department in a totally new wholesale transfer of power from Judge result of much activity in committee and different and unprecedented role Greene to the Department of Justice. If and a long period of investigation, for the Department, one in which they the order is entered, it will be up to the places the responsibility for making have not been involved before. The De- Department in the exercise of its dis- that judgment in the FCC. It is impor- partment would be asked to implement cretion to determine when, if ever, tant to understand what the Federal a supervisory authority here and to Ameritech will be allowed to provide Communication Commission is, how it make a final decision about whether long distance service in any market. is composed, why it is the appropriate these companies could enter the long- The order has this effect because key agency to make those kinds of deci- distance competitive marketplace. conditions on Ameritech’s entry are sions. That final decision is something they undefinable, indeed, so vague as to be The Federal Communications Com- have never exercised before. Even undefinable, because the order asked mission is a quasi-judicial body not af- under the court orders relating to the the district court simply to let the De- fected by politics. Appointees are ap- divestiture from AT&T of the Bell com- partment declare when the conditions pointed for an extended period. There panies and setting up the Bell oper- have been met. are longer periods of appointments ating companies around the country, Paragraph 9, for example, states that than the President’s term is. It is de- the regional Bell companies, the De- Ameritech shall not offer inter- signed to be insulated from politics, to partment did not have final authority. exchange telecommunications pursu- make professional judgments that are The Department went before a judicial ant to this order until the Department technical and appropriate to the field decisionmaker and advocated a posi- has approved the offering of such tele- that the Federal Communications tion. communications pursuant to the stand- Commission oversees, and is tech- Now, the Department should not be ard set forth in paragraph 11. nically competent and expert in the given a decisionmaking authority in Paragraph 11, however, simply de- area of communications. this matter because the decision- scribes an open-ended process of fur- The amendment which we are consid- making authority is given to the FCC. ther review. Among other things, the ering now and upon which the Senate The Department should be given an ad- order empowers the Department to hire of the United States will act at 12:30 visory role just like it has an advisory experts to review Ameritech’s future today is an amendment which would or advocacy role in the current situa- proposals and declares Ameritech must have the Department come in and sec- tion. One important thing to remember is pay for them. The Department, it ap- ond-guess the judgment of the Federal that Senate bill 652 does, in fact, pro- pears, expects to spend not only time Communications Commission by add- vide for an advisory role for the De- but significant sums of money in evalu- ing a Department-consent requirement partment. The FCC, in making its final ating Ameritech’s proposals when they before these companies could move on determination about whether or not it are finally put forward. to compete and extend and enhance the will release the regional Bell operating The order also allows the Depart- competition in the long-distance mar- companies to participate in the com- ment, in its sole discretion, to condi- ket. petition of the long-distance markets, tion relief upon any other terms that I do not believe that kind of layering the FCC is directed to consult with and may be appropriate. When and if some of the bureaucracies, I do not believe to seek the advice of the Justice De- Ameritech plan is ultimately approved that kind of additional Federal and partment. But, it would be unprece- and put into effect, the Department re- governmental involvement, would pro- dented for us to move beyond that tra- tains authority to terminate at will by mote competition. ditional role of the Justice Department As a matter of fact, that kind of bu- sending a letter to Ameritech telling to ask the Justice Department to be reaucratic involvement very frequently them to stop. Ameritech will be per- making final decisions. Because, as a does the opposite of promoting com- mitted to petition Judge Greene for re- matter of fact, that has never been its petition. The more bureaucracy that is view, a right it already has today. role in any previous situation and The proposed order is reflective of involved, frequently the more difficult should not be its role now. The FCC is nothing so much as the Department’s it is for enterprises to have the kind of that Commission that is a quasi-judi- desire to micromanage all aspects of flexibility that we really want enter- cial body that can make those deci- the telecommunications industry. prise to have to be competitive in an sions, is trained to make them, is ex- It seems inconceivable that Judge international marketplace which de- pert in the communications industry, Greene will approve or could lawfully mands higher and higher levels of pro- and ought to be the final authority. approve such a wholesale transfer of ductivity. So it is pretty clear to me, and I be- Now, the bill as presented to this power from his courtroom to the De- lieve it ought to be clear to the U.S. partment’s Assistant Attorney General body by the committee, S. 652, is very Senate, that the FCC should retain for antitrust. Under both the standard clear about the way it expects the deci- that final authority and that the De- provisions of district court jurisdiction sion to be made regarding the entry of partment of Justice be maintained in and express jurisdictional terms, the these competitors into the long-dis- its advisory authority that the bill, S. divestiture decree, the Bell companies tance marketplace. As a matter of fact, 652, provides. The amendment which are entitled to timely district court re- it says to the FCC that there is a list, would enhance the advisory authority view of motions for relief from the a specific recipe of conditions, that is unnecessary and would be counter- line-of-business restrictions. have to be met. In addition to the 14 or productive. A district court has a general duty so conditions that are listed in the bill, The PRESIDING OFFICER. The Sen- under the Federal rules of civil proce- there is another interest that is ator should be advised that we have dure to entertain motions of parties charged to the FCC that they must controlled debate beginning at the and rule on them in an orderly and consider. It is the public interest. hour of 11:30. timely fashion. This is clearly a serious Here what we have in the bill is a Under the previous order, the hour of and important responsibility, particu- governmental body, a quasi-judicial 11:30 having arrived, the Senate will larly in a case such as this one that has body, the regulatory commission called now resume consideration of the Dor- remained under the district court’s ju- the FCC, the Federal Communications gan and Thurmond amendments, with 1 risdiction for 21 years. It is not a duty Commission. The Congress in this body hour equally divided prior to a motion that can be delegated to anyone else. is telling them specifically to make the to table. I see my friend from Missouri is pre- decision based on these criteria and Mr. PRESSLER. Parliamentary in- pared to speak. I yield the floor. adds to the 14 criteria the public inter- quiry, who controls the time? Mr. ASHCROFT. Mr. President, I rise est. The PRESIDING OFFICER. The time to oppose the amendment which would Now, that ought to be enough govern- is controlled by the two managers of place the Department in the process of mental involvement to assure that we the bill.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8217 Mr. ASHCROFT. Mr. President, I ask I just suggest that we do not need to the two managers. I take it on this side unanimous consent for an additional 5 change the character of the Justice De- we would manage the 30 minutes for minutes to speak as in morning busi- partment from an enforcement arena the proponents. In no way do I propose ness. and prosecutorial arena to a policy- this amendment. I hope to kill it. But The PRESIDING OFFICER. Is there making arena. The policy should be I yield such time as the Senator wish- objection? judged by the Congress of the United es. Mr. PRESSLER. Mr. President, I be- States and the policy is set forth clear- lieve under the unanimous-consent ly here, in the kind of guidelines that Mr. KERREY. I appreciate the kind- agreement I will have to yield 5 min- we would seek to suggest for the Fed- ness. utes off the amendment’s time, from eral Communications Commission. I can read the handwriting on the what I understand of the parliamen- This amendment will make a mandate wall, Mr. President. The majority lead- tary situation. I am prepared to yield 5 of the advisory role of the Department er opposes this amendment, the Demo- minutes, but I make it clear I will re- of Justice, a mandated final decision- cratic leader opposes it, the Demo- serve the last 15 minutes for managers making role, and it will provide for cratic whip, the Republican whip, the of the bill to speak. I believe we should confusion with two Federal agencies manager of the bill, the Republican reserve about 15 minutes for Senators seeking to make final decisions instead chairman, the Democratic ranking DORGAN and THURMOND to speak, if of one. member—all oppose this amendment. they come to the floor. The Federal Communications Com- So I yield 5 minutes to my friend mission is a professional, quasi-judicial So what I find interesting is the hy- from Missouri. organization with 5-year terms. The perbole that gets layered upon the ar- Mr. ASHCROFT. In that event, I Department of Justice is an appointed gument against that the Department of withdraw my request for unanimous position, appointed by the President of Justice is overreaching, that they are consent to speak as in morning busi- the United States. It has all the bene- incompetent. That is an argument that ness and ask the Chair to inform me fits of political involvement and has I just heard the Senator from South when 5 minutes has expired. the drawbacks of political involve- Dakota use against the Department to The PRESIDING OFFICER. The Sen- ment. I do not believe we want polit- demonstrate that they are incom- ator from Missouri is recognized. ical decisions to be made, the influence petent. It takes a long time, 1,500 days Mr. ASHCROFT. Mr. President, there or contamination of politics to find I heard from the Senator from South has been quite a bit of debate on this their way into this particular set of de- Dakota say. issue. It has been suggested that those cisions. Let me give my colleagues an exam- of us who oppose the Department of I believe it is important for us to re- ple of the reason it takes a long time. Justice having a special and unprece- ject this overlapping, doubling up of Maybe the Senator from South Dakota dented role of final decisionmaking in enforcement at the Federal level, the this arena do not trust the Department duplication of decisionmaking. The thinks the Department of Justice of Justice. professional, trained, expert Federal should have this waiver. In 1994, South- We trust the Department of Justice. Communications Commission can western Bell and three other RBOC’s But we trust it to maintain its tradi- make this decision with the advice of filed a request to vacate the final tional role. We trust it to be a law en- the Department of Justice. For us to modified judgment to simply com- forcement agency and an advisor as it try to have redundant and duplicative pletely eliminate its restrictions with- relates to legality and propriety of Federal control here is for us to reject out replacing those restrictions with measures that relate to the law. But the promise of the future. Some look any consumer safeguard, with any re- we do not trust it to do something to- into the future and shrink back in fear. quirement such as those contained in tally new, something different, nor do I think this is a great opportunity. S. 652. That was the waiver application. we trust it to second-guess an adminis- In closing, I would say I do not think The Senator from South Dakota and trative agency that has expertise in the competitors of the United States, the Senator from Missouri talk about this area, the Federal Communications as they are working on a framework all this overreaching regulation. Per- Commission. for operations for telecommunications, haps they would like to have the De- So, this is not a question about are going to be thinking about how partment of Justice approve this waiv- whether the Department of Justice will many layers of regulation they can er, get it out of the way in a hurry. have a role. That question was laid to place on top of this industry. I do not Is that what the Senator from South rest long ago. The FCC is required to think they are going to think about Dakota has been arguing for when he consult, according to the language of how much duplicative and redundant the bill, with the Attorney General re- control, or whether they are going to talks about delays? Is this the sort of garding the application during the 90- convert what had otherwise been law thing he wants them to approve? Let us day period. The Attorney General may enforcement agencies into policy- not come to the floor and talk about analyze a Bell operating company’s ap- making agencies and to have a tug of 1,500-day delays. It is being delayed be- plication under any legal standard, in- war between two agencies of the Fed- cause of this kind of thing. Nobody, I cluding the Clayton Act, the Sherman eral Government which would stymie do not believe anybody; maybe there is; Act, and other antitrust laws, and expansion and development and growth maybe someone down here says what those standards of the Clayton Act and in the industry. we should have had was the Depart- the Sherman Act are the kinds of I think our competitors around the ment of Justice approving this kind of standards that are suggested by the world are going to try to seize and re- waiver. Then S. 652 would not be nec- amendment. gain the advantage that America cur- essary. Maybe that is the feeling here, The difference between the bill, this rently has in telecommunications. For we do not want any consumer protec- bill, and the amendment which is pro- us to add the Department of Justice, tion. We do not care if there is local posed, is whether or not the Justice not as an adviser—that is already in competition. Forget the checklist. For- Department would have final decision- the bill—but as a final decisionmaker get the VIII(c) test, and all that non- making authority. All of its ability to to compete with another agency sense. Let these guys go out and have advise and to argue and to participate trained to get this job done would be at it, take their monopoly and run by virtue of supplying its views are unwise. preserved and protected under this bill. with it, and use the power in any fash- So I urge the rejection of the amend- ion they want. But to say the Department of Justice ment which would make the Depart- has separate veto authority over the ment of Justice a final decisionmaker I do not think so. I think the struc- agency of expertise here would be to in- in this matter. ture of this bill implies that we are ject the Department of Justice at a The PRESIDING OFFICER. The time concerned about this monopoly power policymaking level never before pro- of the Senator has expired. Who yields and that we want some restraint as we vided for the Department of Justice, time? move to a competitive environment. not only in this arena but in other are- Mr. HOLLINGS. Mr. President, as I And the Department of Justice has nas as well. understand it, time is divided between been attempting to measure that as

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8218 CONGRESSIONAL RECORD — SENATE June 13, 1995 they evaluate these waivers. My col- We are not newcomers to this issue. I absolutely costs the taxpayers more leagues will come down and say, ‘‘Oh, do not doubt for a minute the dedica- money and the waste of money in Gov- no. Another layer of bureaucracy.’’ tion that the Senator from Nebraska ernment, it is not that they are not Let us not repeat the mistakes of the has in modernizing telecommuni- doing a good job. It is called redun- past. I call my colleagues’ attention to cations, because we have been on pan- dancy. Everybody wants to do the same the last major deregulation action in els together and we have been to dif- thing. Everybody wants their finger in airlines when the Department of Jus- ferent places together, and understand the same pie. Just look at the Depart- tice again was given a consultative in his State, where distance learning ment of the Interior. It is probably the role. They basically had the oppor- and telemedicine is becoming very, greatest example. Every Department tunity to file a brief. They would just very important, and also the new tech- has a wildlife biologist. Wildlife biolo- as well write their opinion on the wall nology and the policy it is going to gists, by the way, are kind of like at- of a bathroom for all the impact it has. take to force that new technology into torneys. If you get three of them to- Now we have in this case the airlines the rural areas. That is where our first gether, you are not going to get an being deregulated. Now comes TWA love lies. I think the same could be said agreement. Everybody has a different and a hub in St. Louis wanting to ac- about South Carolina and the same approach. quire Ozark Airlines. The Department could be said about South Dakota. But So basically what my position and of Transportation gets the application S. 652 already gives the Justice Depart- my opinion is is that this is just an- as the FCC would in this case. Now we ment a role. It is spelled out clearly. other layer, another hoop to jump have Northwest Airlines trying to ac- It says, before making any deter- through before we finally deregulate. quire Republic Airlines in the hub serv- mination: We want to be regulatory in nature and ing Minneapolis. The Department of The Commission shall consult the Attor- not more regulation or redundancy. Justice said: In our opinion, you will ney General regarding the application. In Mr. President, I ask that this amend- get less competition. That is our opin- consulting with the Commission, the Attor- ment be defeated. I thank the Chair. ion. That is all the law allows, just an ney General may apply any appropriate The PRESIDING OFFICER. The Sen- expression of their opinion. They vigor- standard. ator from South Dakota has 18 min- ously, in fact, said you are going to get That is the language that is in this utes. less competition. The Department of bill. Do we start talking about those Who yields time? Transportation says your opinion is as who have the expertise in regulating or Mr. HOLLINGS. Mr. President, I ask good as anybody else’s. We ignore it. do we talk about an organization that unanimous consent that the time for Guess what? There is less competition has the expertise in litigating? What is the proponents be managed by the dis- and higher prices in both of those hubs the primary purpose of the Department tinguished Senator from North Dakota as a consequence of those actions. of Justice? I would say if the adminis- and the Senator from South Carolina, We are not talking about another tration in their view thinks that some Senator THURMOND. They are the pro- layer of regulation. The Department of Federal law has been broken, they ad- ponents. Justice is not asking to intervene and vise the Department of Justice to look The PRESIDING OFFICER. The Sen- get involved in something about which into it. The same with the Congress. ator has the right to designate the they know nothing. That is what the Department of Jus- manager. We are asking with this amendment, tice does. They are not in the process Who yields time? which is obviously going to get de- of rulemaking. I think that is left to Mr. KERREY. Mr. President, will the feated—the opponents of this deal are the FCC and, of course, those of us who Senator from North Dakota yield to lined up, in effect. We have been work- want to take the responsibility of set- me 15 seconds to correct a statement? ing long and hard, and are likely to get ting policy where it should be set, here Mr. DORGAN. I am happy to yield. 40 votes for this thing. But I will stand in this body, and not shirk our respon- Mr. KERREY. Earlier I said that the here and predict that the Department sibilities or our duties in order to set opponents of this included the Demo- of Justice is going to issue an opinion that policy. cratic leader. The Democratic leader is on an action taken by a local telephone The Senator from Nebraska says that on our side. He is against the law in its company that the consumers are going there should be a larger role. That is current form, and is in support of the to get less competition, not more. They what he is advocating. All we have to Dorgan-Thurmond amendment. are going to get less competition. They do is look back at the modified final Mr. DORGAN. Mr. President, I yield are going to file an opinion. That opin- judgment. How is it being administered myself such time as I may consume, ion will be ignored by the FCC, and today? It is being administered by the and I might say that when Senator Members will be up here saying, ‘‘Gee, court, by Judge Greene, who has done THURMOND comes, he will want to be that was not quite what we had in an admirable job? Nobody can criticize able to speak. So I will speak for 5 min- mind.’’ Judge Greene. But the U.S. district utes. So we are not asking for increased court retains jurisdiction over those Mr. PRESSLER. Mr. President, how regulatory authority. Please do not companies that were party to the MFJ. much time does each side have? talk about the delays unless you are The court then asked the Justice De- The PRESIDING OFFICER. The Sen- prepared to identify a specific waiver partment, the Antitrust Division, to ator from South Dakota has 181⁄2 min- that you think should be approved. Let assume postdecree duties—‘‘post,’’ utes. The Senator from North Dakota us talk about the waiver. I alert my after it is all over, it is asked to do has 23 minutes. colleagues that we will have an oppor- those duties. The antitrust division Mr. DORGAN. Mr. President, a lot of tunity on additional amendments to provides Judge Harold Greene of the statements have been made in this de- revisit this issue. district court with the recommenda- bate about the role of the Justice De- I yield the floor. tions regarding waivers and other mat- partment. Many of the statements that The PRESIDING OFFICER. Who ters regarding the administration of were made were surprising to me. yields time? MFJ. Let us back up just for a moment and Mr. PRESSLER. Mr. President, I Before we can do anything to deal ask ourselves who investigated and yield 5 minutes to my friend from Mon- with new technology, to force those sued to break up the Bell system mo- tana. new technologies and those tools out to nopoly which resulted in the very com- The PRESIDING OFFICER. The Sen- the American people, yes, there have to petition that is extolled here on the ator from Montana. be rules of entry. But we do not have to floor of the Senate as driving down Mr. BURNS. Mr. President, I thank add layer upon layer of bureaucracy. If prices in the long distance market? the managers of the bill, and I also there is one thing that is being talked Who did that? It was the Justice De- thank the chairman of the full Com- about around this town right now, it is partment that did that. Yet, we are merce Committee, who has really done the budget and spending. What do we confronted with the debate today that a marvelous job, along with the rank- spend our money for? It is my deter- says, ‘‘Gee, the Justice Department is ing member and former chairman, Sen- mination, after being here about 6 a roadblock. The Justice Department is ator HOLLINGS. years, that if there is one thing that a problem. We are talking about layers

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That interesting; we have, in my judgment, If you stand here and extol the vir- is not being a friend of the free market- a parallel because in airline deregula- tues of competition in long distance place. tion, when we talk about whether air- and talk about the fact there are now I am just saying on these amend- lines should be allowed to merge and over 500 companies from which you can ments, especially this Justice amend- whether we should have these con- choose to get long distance service and ment but also, when that is done, the centrations, the issue was should the therefore lower prices because there is amendment on broadcast ownership, if Department of Transportation allow such robust competition, you must, it you really believe—and I do—in the the merger to happen. And the Depart- seems to me, recognize we got to that free marketplace, then you have to be ment of Justice was asked in a consult- point because of the Justice Depart- a shepherd out here making sure that ative role. ment. And if you recognize we got the marketplace remains free. There Well, what we see as a result of air- there because of the Justice Depart- are all kinds of natural economic cir- line deregulation is that big airlines ment, you cannot stand on this amend- cumstances that move to attempt to have gotten much, much bigger. How? ment and say somehow the Justice De- impinge on the free marketplace. Con- They have gotten bigger by buying all partment is a roadblock. I am telling centration, concentration of assets and of their regional competitors, and the you it is interesting to me to hear peo- concentration of ownership is always, I Department of Justice in some of those ple preach about competition but then repeat always, a circumstance where cases said it is not in the public inter- not be willing to vote for the things you see less competition and a market- est. And the Department of Transpor- that promote the very competition place that is less free. Concentration tation said tough luck; we are going to they preach about. is, in my judgment, the kind of cir- allow the merger anyway. Competition works when you have cumstance that tends to erode free We have experience directly on this many competitors in a competitive en- markets and tends to undermine com- point, and if in the rush to deregula- vironment with the price as the mecha- petition. The underlying amendment tion we do not have the kind of care nism for competition. Competition that we are going to discuss and vote and patience to make certain that the works in a free market when the mar- on as the Justice Department amend- free market is free and that robust ket is free. But competition does not ment is simply an amendment that competition exists, we will do the con- work when you have concentrations says when you are evaluating when sumers of this country no favor, I guar- such that some can begin to control there is competition in the local ex- antee you. We will have had a lot of di- portions of the marketplace. changes so then that the regional Bell alog; we will have used a lot of slogans; Now, all we are asking in this amend- operating companies are free to go and we will have waved our hankies ment that is now a second-degree compete in long distance, we want the around talking about competition and amendment supported by Senator Justice Department to have a role in all the wonderful words that have been THURMOND, myself, Senator DEWINE, that evaluation because they are the focus grouped and tested, and so on, Senator KERREY, and others, is that experts in antitrust. That is the issue but all of them will not be worth a pile the Justice Department have a role to here. of refuse if we do not do the right thing play on the issue of antitrust, on the Now, one can vote against this to make sure that competition exists. Clayton 7 standard, and we have delin- amendment, I suppose, and claim, well, You cannot preach competition and eated the difference between the FCC this bill is a free market bill that frees then be unwilling to practice it in role and the Justice role. the free market forces; it stokes the terms of the safeguards that are nec- Next time somebody stands up and juices of competition; it is going to be essary to assure that free markets are says there is overlapping responsibil- wonderful for the American people; it free, and that is the purpose of this ities, that is nonsense, total nonsense. is nirvana in the future. amendment. I hope those who care There is not an overlap here. It is pre- It is nonsense. It is all doubletalk if about real competition and care about cisely the purpose of this amendment. one does not support the basic tenets of real free markets and those who are So it just does not work to claim that keeping the free market free. And one willing to make sure the guardians of this is overlap and complexity. It is not of those basic tenets, in my judgment, free markets are able to have a role true. It is not the case. But you cannot is to make sure that the Justice De- here, I hope they will come and vote preach about competition and then in- partment has a role in this cir- yes on the Thurmond-Dorgan second- dicate that you support taking the cumstance. degree amendment. I understand the agency out of this process that is the So I have been involved in these dis- motion will be to table, so I guess in agency which evaluates competition cussions before, as has the Senator that case I will hope that they will and makes sure there is competition in from Nebraska, and others in this come and oppose the motion to table so the marketplace. It just does not Chamber about deregulation. ‘‘Deregu- that we can pass our amendment. square with good logic that if you are lation,’’ they just chant that. They Mr. President, I reserve the remain- a friend of the free marketplace you ought to wear robes and chant it der of the time, and I understand Sen- would not support the things that are around here—deregulation, deregula- ator THURMOND will wish to access necessary and important to keep the tion. some of the time when he arrives in the marketplace free. So we deregulated airlines. Guess Chamber. I offered an amendment earlier, and I what, we deregulated the airlines. Won- The PRESIDING OFFICER. Who was not benefited by hearing the Sen- derful. I said it before. If you are from yields time? ator from Nebraska speak on it. I am Chicago, God bless you; you sure got Mr. PRESSLER. Mr. President, I ask sure he says it was wonderful and elo- the benefits from deregulation. If your unanimous consent that, notwith- quent, and I am sure that may well cousin lives in Los Angeles, boy, you standing the previous order, at 12:30 I have been the case, but I missed it, got a great deal. If you go out of be recognized to make a motion to nonetheless. It is likely he will repeat O’Hare and fly to Los Angeles, you get table the Thurmond amendment 1265, it, I am sure, so I will probably have dirt cheap prices. You have all kinds of as modified and, if the amendment is the benefit of hearing it in the future. carriers competing. That is competi- tabled, amendment 1264 be automati- But I offered the amendment on broad- tion. But go to Nebraska and see what cally withdrawn. cast ownership, and it is exactly the you get from deregulation of airline The PRESIDING OFFICER. Is there same principle as the issue of the Jus- service, or go to North Dakota and see objection? tice Department. Those who say let us what you get, or go to South Dakota Mr. DORGAN. Mr. President, reserv- have robust competition in tele- and see what you get from deregulation ing the right to object, I did not under- communications and then say, by the of the airline service. It is not pretty. stand the last portion of the unani- way, we are going to eliminate the You do not have robust competition. mous consent request. ownership restrictions—you can go out You do not have prices, a competitive Mr. PRESSLER. Amendment 1264 be and buy 85 television stations if you allocatur here. What you have is less automatically withdrawn. That will be like; it does not matter to us what service and higher costs. the Senator’s underlying amendment.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8220 CONGRESSIONAL RECORD — SENATE June 13, 1995 Mr. DORGAN. The Senator is talking Committee and only with the coopera- Justice Department can be a party to about if the motion to table prevails. tion of Members who decided to raise that. Mr. PRESSLER. That is correct. I the issues on the floor rather than in Mr. President, the Justice Depart- ask unanimous consent that notwith- the committee was the bill able to be ment is meant to be, under its enabling standing the previous order, at 12:30 I brought to the floor. legislation, an enforcer of law. It is be recognized to make a motion to (Mr. ASHCROFT assumed the Chair.) trying to become a Government regula- table the Thurmond amendment, as Mr. PRESSLER. That is correct. I tion agency. Now, it did become that to modified and, if the amendment is ta- welcome amendments. I welcome this some extent under Judge Greene’s 1982 bled, amendment 1264 be automatically amendment. I am giving a history of order. That order arose because Con- withdrawn. how we came to this checklist. I think gress failed to act. Congress failed to The PRESIDING OFFICER. Is there the point I am making is that we have do what we are trying to do now. Con- objection? Without objection, it is so had a very bipartisan effort here, and gress failed to require that the local ordered. we welcomed amendments there in the exchanges be opened up, as the check- Mr. PRESSLER. Mr. President, this committee, and we welcome amend- list requires. But we are doing that has been a long debate and many ments here. Obviously, every member now in this legislation. We are finally speakers have come to the floor on of every committee can bring some- doing it. Meanwhile the Department of each side. I strongly believe that we thing to the floor. But this checklist Justice is very much intent, it seems, should vote to table the Thurmond was worked out an a bipartisan basis. upon becoming a regulatory agency. amendment because it creates a new Before the local Bell company can be I have pointed out the length of time role, an unprecedented, unnecessary declared as having an open market, it it takes the Department of Justice to role for the Department of Justice. has to interconnect. That is the first get these things done. Judge Greene Presently, there are many safeguards point. That is, they have to open up suggested 30 days. They are up to al- to consumers and to companies and to their wires so others can come in. They most 3 years. I know they have given the public built into this legislation. have to show the capability to ex- this excuse or that excuse, but the This legislation was the result of meet- change telecommunications between point is that Judge Greene thought it ing after meeting for over 3 months, Bell customers and competitor’s cus- could be done in 30 days, originally, in every night and Saturday and Sunday tomers, access to poles, ducts, conduits 1982. A bureaucracy such as that will among Republicans and Democrats, to and rights-of-way; the three take a long time to produce a piece of come together to reach a bipartisan unbundling standards, where they have paper. That will slow down the process bill. We came up with a plan that the to unbundle the system so other people and hurt consumers. regulatory agency, the FCC, would be can get in; access to 911 and enhanced It is my feeling that if we can pass the decisionmaker while the Justice 911; directory assistance and operator this bill in a deregulatory fashion, it Department would still be involved. call completion services; white pages will cause an explosion of new invest- In the first step, when a company is directory listing; access to telephone ment in activities and devices. I fre- applying, the State certifies compli- number assignment; access to data quently have compared it to the Okla- ance with a market-opening require- bases and network signaling; number homa Land Rush—if we can pass it. ment. So that is a safeguard. Second, portability; local dialing parity; recip- Right now, our companies are invest- the FCC affirms public interest, neces- rocal compensation, and the resale ing overseas, and they are not invest- sity, and convenience. rules. We had a vote here the other day on That is a checklist that the FCC ing here. this floor preserving public interest, so must go through to determine if the People are trying to say this is the FCC can use the public interest Bell company has opened up its busi- anticonsumer. That is nonsense. Look standard. ness so other competitors have a fair at what happened when competition Third of all, the FCC certifies com- opportunity to compete in the local opened up the market for cellular pliance with a 14-point checklist. I telephone business. I have not heard phones. The price has dropped. Look at have the 14 points listed here in an- anyone criticize this checklist. It what happened when we deregulated other chart. The point is that in the bi- seems to be universally accepted. Also, natural gas. Prices have dropped. It is partisan meetings and building on the the Bells have additional requirements my opinion that a long distance call legislation of last year and building on on them to open their markets. This is should cost only a few cents. It is my efforts of many Senators—indeed, all done at the FCC level and not Justice, opinion that cable television rates 100 Senators were consulted during this and the Bells must comply with a sepa- should drop when there is more com- process leading up to the markup in rate subsidiary requirement, non- petition from DBS and video dial tone. the Senate Commerce Committee— discrimination requirement and a If we get yet another regulatory agen- there was a question: Shall we use the cross-subsidization ban. The FCC must cy involved, we can delay this thing 2 VIII(c) test, which is a complicated allow the Department of Justice full or 3 years. In fact, based on the Justice test, or shall we use the Clayton 7 test, participation in all of its proceedings. Department’s performance, it will and we decided to come up with a So the Department of Justice is al- delay this whole operation for 2 to 3 checklist, a competitive checklist. ready present without the Thurmond years before we have competition and Mr. DORGAN. Mr. President, will the amendment. deregulation. Senator from South Dakota yield for Now, the Bells must comply with ex- This is a deregulatory, procom- one quick moment? isting FCC rules and rigorous annual petitive bill. We are trying to put ev- Mr. PRESSLER. Yes. audits, elaborate cost accounting, com- erybody into everybody else’s business. Mr. DORGAN. I shall not interrupt at puter-assisted reporting, and special Mr. President, there has been a lot of length. I did want to point out the Sen- pricing rules. So there is much involve- talk about corporate activity on these ator from South Dakota is correct, an ment. The Sherman Antitrust Act is in bills. There is an implication that the enormous amount of work went into place. The Clayton Act is in place. The Commerce Committee bill has a lot of the construct of the compromise. It is Hart-Scott-Rodino Act is in place. So corporate input. But I say to you, read also true, is it not, that the Commerce the Justice Department has plenty to the newspapers of the last 3 weeks, and Committee held this legislation up? do. I find this debate very unusual be- you will see all those full-page ads. The intent was to want to move this cause it implies we are going to get the They are paid for by corporations, and along quickly, and many of us were co- Justice Department involved. They are I admire them. They are fine corpora- operative with that. But we at the involved at every stage. In addition, tions, members of the so-called Com- committee hearing indicated that we under the Hobbs Civil Appeals Act, the petitive Long Distance Coalition, were uncomfortable with several of Department of Justice is involved as an which is headed by a person whom I re- these provisions and intended to deal independent party in all FCC appeals. spect very much, a former leader of with them on the floor of the Senate. The Justice Department is involved this body, with whom I disagree on this So these issues, many of them, were every step of the way. If there is dis- matter. A vast amount of the corporate raised in the markup of the Commerce agreement and there is an appeal, the advertising in the last month has been

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8221 by corporations opposed to my posi- good things happen: consumers have firmly believe, that is so key for the tion. I point that out because there more choice, prices go down. This is as protection of consumers that frankly I seems to be some suggestion that S. 652 true in telecommunications as in any must wonder how this bill got out of simply represents corporate thinking. other sector of the economy. committee without its inclusion. Well, all the ads I have seen in the pa- What we are really debating today is Now Mr. President, on the substance pers—the full-page ads—have been run how best to make competition take of the amendment, I could do no better by corporations that oppose my posi- root in the telecommunications indus- than to defer to the comments already tion and want the extra Justice De- try. The question is, what agency is made on this issue by my two col- partment role. That is because some best equipped to undertake the task of leagues, the distinguished Senators corporations want to use Government policing competition in these markets? from Nebraska and North Dakota, both regulation against competition. That is It is my belief, Mr. President, that of whom demonstrate a penetrating un- what is going on here. the Thurmond amendment offers the derstanding of this very difficult topic. I think that we should defeat the most logical answer to that question. I would, however, like to take a mo- Thurmond amendment because it is, as Under this amendment, two agencies ment to address this amendment from my colleague from South Carolina of Government play a role. Each of the a perspective we’ve only occasionally said, not only the camel’s nose under agencies is to play an important role, a heard in the debate on this bill—that of the tent, it is the whole camel under role for which it is extremely well suit- telephone and cable-TV rate-payers, the tent, so-to-speak, because once the ed and in which it has a great deal of both in my State of Minnesota and Justice Department gets in, they will relevant expertise. The Federal Com- across this Nation. try to expand their regulatory role, as munications Commission sets commu- I would hazard a guess that all of my in the Ameritech case. I cited specifi- nications policy. That is what the FCC colleagues would join with me in sup- cally the regulatory approach they does best. That is what they know how porting the stated goal of this legisla- have taken in that case. They want to to do. tion: increasing competition in local have people over there writing tele- Under the Thurmond amendment, phone service as well as cable TV. All phone books—literally writing tele- that is what they will be doing. The of us likely agree that if competition is phone books. They are supposed to be Antitrust Division of the U.S. Depart- allowed to flourish, the biggest winners lawyers enforcing the antitrust laws in ment of Justice enforces competition. will be the consumers, the ratepayers, the Justice Department. That is what the Justice Department the millions of citizens who power the So I hope that we defeat this amend- does. That is what they will do under entire industry. ment. I reserve the remainder of my the Thurmond amendment. The Thur- time. mond amendment makes the best pos- But, and here’s where some of my Mr. THURMOND addressed the Chair. sible use of each of these agencies. We colleagues and I part company, not all Mr. THURMOND. Mr. President, how do not need the FCC to hire a new staff of us are ready simply to throw our much time do the proponents have? of antitrust lawyers, a new layer of bu- trust to the companies that stand to The PRESIDING OFFICER. The Sen- reaucracy, to do something the Justice profit from deregulation. Competition ator from South Carolina has 13 min- Department is already equipped to do. doesn’t just happen, sometimes it must utes 10 seconds. We need to liberate the FCC to do what be nurtured to protect consumers Mr. THURMOND. I yield 5 minutes to against monopoly control. The Dorgan the distinguished Senator from Ohio, it does best. That is what the Thur- mond amendment does. amendment, by providing a role for the Senator DEWINE. Equally important, Mr. President, in Department of Justice, recognizes this Mr. DEWINE. Mr. President, it has economic fact: this amendment is been argued on this floor time and time my opinion, is what the Thurmond amendment does not do. It does not du- nothing more than a circuit breaker again that, under this bill, the Depart- which will trip only if—let me repeat, ment of Justice could still enforce the plicate functions of Government. It is emphatically not a question of simply only if—it is found that it would not be antitrust laws. That is true. That is in the consumer’s interest for a local technically true. adding the Justice Department on top of the FCC. The FCC has a role. The phone company to begin to expand its But the facts are that under the bill, service. That’s all that it is. the Department could still enforce the Justice Department, under the Thur- Mr. President, the need for the con- antitrust laws after—after—the phone mond amendment, has another distinc- tinuation of consumer protections and companies move into the new markets. tive, different role, not duplicating. antitrust circuit breakers is clear. That is the problem. That is exactly The system envisioned under the With every passing day, we see more the problem. It is like, Mr. President, Thurmond amendment, Mr. President, integration in the telecommunications enforcing the law after the fox has been will not cause delays in the licensing and information marketplace. On Sun- allowed to guard the chicken coop. At process. We have heard that time and day, Mr. President, we saw the Lotus that point, the damage is done. The fox time again. From the moment an appli- Corp. agree to a friendly takeover by has already eaten the chickens. We can cation is made under the Thurmond IBM. AT&T and McCaw Cellular will be stop the fox, but we cannot get the amendment, both the FCC and the Jus- joining forces, as will other companies, chickens back. It is too late. tice Department will have exactly 90 In this particular case, we would be days, according to law, to make their in preparing for this newly de-regu- enforcing the law after competition has ruling. These 90-day periods will run lated telecommunications environ- been driven out, after choices have concurrently, not sequentially. ment. been eliminated. So while the argu- The Department has experience in This integration at the top corporate ment is technically true, it certainly this area. They do it for a period of level and the market position of many falls short and does not disclose the time. The Clayton Act sets a 30-day of these companies demands that con- full story. limit. They hit that timeframe. Under sumers be given a voice—a trusted Mr. President, we should enforce the this amendment, no layering of bu- voice—to speak for them in the coming law and ensure competition before reaucracies, no delays, just an intel- years. No more trusted voice could be competition is driven out. ligent division of labor in U.S. tele- found on this subject than that of the I rise today, Mr. President, in sup- communications policy. Department of Justice. It was through port of the Thurmond second-degree In conclusion, Mr. President, that is that Department’s courageous leader- amendment. The goal of the bill we are what the Thurmond amendment will ship that the old AT&T Ma Bell mo- considering today is to promote com- accomplish. I thank the Senator from nopoly of old was broken apart—it was petition in the telecommunications in- South Carolina for his bold leadership a long, tough fight, but this experience dustry. The Thurmond amendment is in this area with this specific amend- gained by the DOJ has been invaluable an attempt to make sure that we use ment. I urge the adoption of the in guiding the breakup of the Bell sys- the most effective means toward this amendment. tem, and the development of competi- end. Mr. WELLSTONE. Mr. President, I tion in long distance and other serv- Mr. President, the American people wish to speak today in support of the ices. It only makes sense that we allow know when we have competition two Dorgan amendment, an amendment, I the DOJ to put this experience to use

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The MFJ provided a framework ommendation in 90 days from receipt of FCC and the DOJ to their best advan- by which the regional bell operating the application, the RBOC’s will be as- tage. Under the amendment, the FCC companies could enter alternative lines sured of an expeditious review of their will conduct a more focused public in- of business. The Department of Justice request. That should alleviate the con- terest test to review whether the Bell has had an integral role in protecting cerns of those who fear that DOJ will companies face competition and ade- consumers by applying the 8(c) test to drag their feet and impede the ad- quately meet the checklist of services the RBOC application for a waiver to vancement of competitive tele- called for in this bill—topics the FCC is enter into restricted lines of business. communications markets. It will also well accustomed to dealing with. The The Department of Justice has ensured provide the RBOC’s with an incentive DOJ will conduct an analysis to ensure that the RBOC’s could not use their not to submit overly broad applica- that a monopoly will not be created— monopoly power to impinge upon the tions that would not likely be ap- again, a task that the DOJ is particu- competition that has developed in long proved. larly qualified for. In this way, respon- distance. However, S. 652 vitiates the Second, by narrowing slightly the sibilities are clarified and redundancies MFJ without providing any substantial breadth of the public interest test to be between the FCC and the DOJ are safeguards for consumers. conducted by the Federal Communica- elminated, and the consumer is pro- Had it not been for the antitrust ef- tions Commission, the amendment of- tected. forts of the Department of Justice, fered by Senators THURMOND and DOR- Now for those who say this is a par- which have been consistent through GAN should also assuage the concerns tisan issue, or those who would charge both Republican and Democratic ad- of the RBOC’s who claim that a De- that such protections are no longer ministrations over the last 25 years, we partment of Justice would only dupli- needed, Mr. President I turn to the would not have the competitive envi- cate the efforts of FCC. comments of Judge Robert Bork, a dis- ronment which exists today in long dis- Mr. President, I also reject the no- tinguished jurist and conservative tance. DOJ has been the watchdog for tion that the Department of Justice commentator of the highest regard. consumers in telecommunications and should only become involved after the Mr. President, Judge Bork writes: that is because antitrust laws are in- damage has been done. Some contend These restrictions [on the Bell companies] tended to be pro-competition and pro- that the appropriate role of the Depart- are still supported by antitrust law and eco- consumer. I urge my colleagues to keep ment of Justice is only to take anti- nomic theory and should be retained. The in mind that antitrust laws exist not Bell companies’ argument is that the de- trust actions against those engaging in for the benefit of the competitors but anticompetitive behavior. That is, we cree’s line-of-business restrictions are relics for the benefits which true competition of the 1970’s, the industry has changed dra- should have more litigation tying up matically, and the restrictions are the prod- yields to consumers. the resources of our Federal courts. I Now, as Congress is working toward uct of outmoded thinking. To the contrary, find that argument astonishing in a deregulating telecommunications mar- the basic facts of the industry that required year in which so many of my col- kets we must keep in mind that true the decree in the first place, basically the leagues are seeking legislation which monopolies of local service held by the Bell competition will not prevail if one attempt to reduce unnecessary litiga- companies, have not changed at all. group of players hold all the cards. The tion. Mr. President, if litigation result- Without this amendment, Mr. Presi- power of the local monopoly is without ing from inadequate preventative dent, this bill asks the Senate to an- equal in telecommunications markets. measures is not unnecessary litigation nounce the equivalent of unilateral dis- The advantages provided to them over I don’t know what types of lawsuits armament—the disarmament of the those with lesser market power, fewer might be categorized unnecessary. consumer. As it stands right now, this resources, and limited opportunities to bill says: Mr. and Ms. Consumer, you control entry by their competitors are Mr. President, I continue to support should give up the rate protections without bounds. As we speak of com- the initial amendment offered by my you’ve had over the years, you should petition, we must keep in mind that colleagues from North Dakota which give up any Department of Justice role competition cannot exist in markets in would have used a stronger test to en- in this process, you should give up the which one player has a substantially sure there is no possibility that a mo- years of antitrust experience built by better hand than his rivals—particu- nopolists could use its power to impede those who slew the multitentacled larly when those trump cards have competition in the market it seeks to AT&T monopoly in the first place. And been provided by the Federal Govern- enter. However, the compromise they what are we going to replace them ment in the form of regulated monopo- have presented is a far more appealing with? The promise made to consumers lies. than S. 652 in its current form which by all these unregulated, multi- The Department of Justice is the reverse the progress we have made to- national, multibillion-dollar corpora- proper agency to make sure that the ward greater competition in long dis- tions, that they will do what’s in your deck is not stacked against those at- tance over the last 25 years. The best interest. A promise that the mo- tempting to compete fairly in the mar- amendment before us employs a time- nopolies of old will behave. A promise kets—that is to be sure that RBOC tested standard from the Clayton Act that consumers will be protected, that entry into long distance will not sub- which should ensure that consumers service will be good and that rates will stantially lessen competition or tend are protected while RBOC’s receive the be reasonable. to create a monopoly in any line of expeditious review they seek without Mr. President, I don’t buy it. Without commerce in any section of the coun- unnecessary duplication of the func- this amendment, the public will be try. This test, as contained in section 7 tions of the FCC. stripped of one of the key consumer of the Clayton Act, is one that has I ask unanimous consent that a let- protections they will ever have in the withstood the test of 80 years of anti- ter from the Wisconsin’s attorney gen- coming years—the voice of the Depart- trust law. While it is not as strong as eral, James Doyle, supporting a deci- ment of Justice. the test currently used by the Depart- sionmaking role for the Department of Mr. FEINGOLD. Mr. President, I rise ment of Justice which I would have Justice be printed in the RECORD. in support of the amendment offered by preferred, known as the 8(c) test, it is Mr. President, this is a sound com- Senators THURMOND and DORGAN. I ap- a sound test to determine the appro- promise and I urge my colleagues to plaud them for their leadership in the priateness of RBOC entry into long dis- support it. effort to provide the Department of tance. There being no objection, the letter Justice with a strong decisionmaking Mr. President, this compromise was ordered to be printed in the role in the approval of regional bell op- amendment offered by my colleagues RECORD, as follows:

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8223 STATE OF WISCONSIN, services originating from those areas. Sig- delays the benefits competition brings DEPARTMENT OF JUSTICE, nificantly, both of these developments—the consumers. if we are going to strength- Madison, WI, May 3, 1995. Hyde letter and the Ameritech agreement— en the role of DOJ, why even bother Hon. RUSSELL D. FEINGOLD, occurred in the few days immediately fol- trying to reform the 1934 act? After all, U.S. Senator, Hart Senate Office Building, lowing the Senate Commerce Committee’s Washington, DC. March 31 action on S. 652. one of the main purposes for passing DEAR SENATOR FEINGOLD: I understand The April 3 agreement demonstrates that telecommunications reform legislation that the antitrust subcommittee of the Sen- the most forward-thinking of the RBOC’s, is to establish a national policy so that ate Judiciary Committee today is consid- Ameritech (branded a ‘‘traitor’’ by its fellow the MFJ can be phased out. ering S. 652, Senator Pressler’s bill that RBOC’s, all adamantly opposed to a ‘‘gate Mr. President, providing this author- would lift the court-ordered restrictions that keeper’’ role for the U.S. Department of Jus- ity to the Justice Department is un- are currently in place on the Regional Bell tice), appreciates the importance of a mean- Operating Companies, allowing RBOC’s to ingful U.S. Department of Justice role in the precedented. The Antitrust Division of enter the fields of long distance services and decision-making process leading to the open- the Justice Department has never had equipment manufacturing at such time as ing of new telecommunications markets. decision-making authority over regu- sufficient local competition exists in their In my opinion, S. 652 is flawed in certain lated industries—or any industry. In service areas. other respects, not relating to competition addition, assigning a decision-making Several antitrust issues loom large in S. law, and I will comment on those features of role to the Department of Justice es- 652. For one thing, despite (or, perhaps, be- the bill in due course. Because, however, S. tablishes a dangerous precedent that 652 is before your antitrust subcommittee cause of) its unmatched skill and expertise could be expanded to other industries. in evaluating competition in the tele- today, I wish to be on record as opposing communications field, the U.S. Department those features of the bill that offend sound Mr. President, more regulation is not of Justice is given no role whatsoever under antitrust principles: the elimination of any what this bill needs. Again, dual roles S. 652 in assessing in advance whether local decision-making role for the U.S. Depart- for the DOJ and FCC will only delay competition exists in each region of the ment of Justice; the repeal of the prohibition competition. It will only delay the ben- country sufficient to, in turn, give the go against mergers of telephone companies and efits of competition such as: Lower ahead to the relevant RBOC to enter the cable television companies located in the prices, new services, and more choice markets for long distance services and equip- same service areas, and preemption of the for communications services and new ment manufacturing. Moreover, the Pressler state’s ability to order 1+ intraLATA dialing bill repeals the current restriction on cross- party in appropriate cases. jobs. The only jobs that this amend- ownership of cable and telephone companies It is critical that federal law ensure a com- ment will provide is new jobs for law- in the same service area by permitting tele- petitive environment in telecommunications yers at the Department of Justice. phone companies to buy out local cable com- for the good of the public. Responsibility for For those who may consider this nec- panies, their most likely competitor, there- making determinations of sufficient com- essary, let’s briefly take a look at the by allowing movement to a ‘‘one-wire world’’ petition should remain in the hands of the job the DOJ has done in administering Antitrust Division of the U.S. Department of with only antitrust litigation to prevent it. the MFJ. It is important to note that In addition, the bill would preempt states Justice. from ordering 1+ intraLATA dialing parity Sincerely, the Antitrust Division at Justice does until such time as an RBOC was permitted to JAMES E. DOYLE, not currently have decision-making au- enter the interLATA long distance market. Attorney General. thority over the MFJ. That sole au- I am not alone in strongly opposing these Mr. CRAIG. Mr. President, at a time thority is held in the U.S. District features of the bill. For example, a letter when we are trying to address the de- Court, in the person of Judge Harold dated April 5, 1995, from Congressman Henry regulation of the telecommunications Greene. The Antitrust Division essen- Hyde, Chairman of the House Judiciary Com- industry, to further enhance the role of tially serves to staff Judge Greene on mittee, to Congressman Thomas Bliley, Jr., the MFJ, providing him with rec- chairman of the House Committee on Com- the Department of Justice would be merce, stresses the need for a strong role for counterproductive. ommendations on waivers and other the Antitrust Division of the U.S. Depart- The Federal Communications Com- matters under the administration of ment of Justice in any telecommunications mission [FCC] regulates the commu- the MFJ. legislation: nications industry. The Department of In 1984, the average age of waiver re- ‘‘[L]egislation directed at changing or re- Justice [DOJ] enforces antitrust laws. quests pending at year end was a little placing an antitrust consent decree, needs to The pending legislation, S. 652, super- under 2 months. By the end of 1993, the encompass an antitrust law, competition sedes the provisions of modification of perspective as well as a communications law, average age of pending waivers had regulatory perspective. final judgment [MFJ], that govern Bell grown to 3 years. Delays such as these ‘‘[T]here will * * * have to be an evalua- Co. entry into businesses now prohib- are simply inconsistent with an evolv- tion of marketplace conditions on a case-by- ited to them. Once legislation is signed ing competitive market. case basis. That is, the actual and potential into law, a continued DOJ role in tele- In addition, the Justice Department state of competition—in individual states, communications policy is no longer is responsible for conducting reviews metropolitan areas and rural areas—will necessary except in the area of enforc- every 3 years, known as the triennial have to be analyzed. ‘‘Using relevant factors as an administra- ing the law. review, at which recommendations to tive checklist [as proposed in S. 652] makes The Department of Justice does not the court are made regarding the con- sense, but the key will be the decision-mak- need an ongoing regulatory role as part tinued need for restrictions imple- ing mechanism regarding whether these con- of an update of our Nation’s commu- mented under the MFJ. ditions are actually present in a particular nications policy. Actual regulatory These reviews were to provide the case. This review should be undertaken si- oversight is not what DOJ is equipped parties to the MFJ a benchmark by multaneously by both the Justice Depart- to provide. which they could gain relief. ment and FCC, with DOJ applying an anti- DOJ’s claim that ‘‘it alone among trust standard and FCC applying a commu- Mr. President, since 1982, only one government agencies understands mar- triennial review has been conducted. nications law test. The statute should con- ketplace issues as opposed to regu- tain firm deadlines for review by both agen- In short, Mr. President, the Depart- latory issues,’’ is inaccurate. The FCC cies. ment of Justice’s track record in ful- has a long history of reviewing and ‘‘DOJ is far less likely to challenge Bell filling its obligations under the MFJ is analyzing communications markets. entry if they are involved in the decision- poor. Therefore, I would question the making process leading up to Bell entry.’’ Besides, S. 652 already gives the Jus- advisability of giving the DOJ an un- Significantly, on April 3, Ameritech, the tice Department a role which is clearly precedented role, above and beyond U.S. Department of Justice, AT&T, MCI and defined in the language of the bill. what they currently have under the the Consumer’s Union announced that they S. 652 states that: had all agreed (subject, of course, to ap- MFJ. Before making any determination, the proval by Judge Greene) to a waiver of the Mr. President, S. 652 contains clear Modified Final Judgment allowing two Commission shall consult with the Attorney General regarding the application. In con- congressional policy. There is no rea- Ameritech local service areas—Chicago, Illi- son why two Federal entities should nois, and Grand Rapids, Michigan, to be used sulting with the Commission, the Attorney as ‘‘test sites.’’ At such time as the U.S. De- General may apply any appropriate stand- have independent authority over deter- partment of Justice determines that actual ard. mining whether that policy has been competition exists in those areas, Ameritech Dual DOJ and FCC bureaucracies to met. Again, let us not lose sight of may then enter the market for long distance regulate the communications industry what we are trying to achieve here.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8224 CONGRESSIONAL RECORD — SENATE June 13, 1995 The ultimate goal of reforming the tered by the expert agency to protect choices, to know that the committee 1934 act should be to establish a na- competition, as we have since the early has done the work, the committee has tional policy framework that will ac- part of this century. I fear that failure worked for years to try to create this celerate the private sector deployment to support my amendment will harm level playing field. of advanced telecommunications and competition, which ultimately harms I have voted for the long distance information technologies and services our constituents. companies in some instances. I have to all Americans by opening all tele- These issues are critically important, voted for the Bells in some instances, communications markets to competi- and I believe that it is highly desirable to try to make sure that that balance tion, which will create jobs, increase to have an up or down vote on my is there. productivity, and provide better serv- modified second degree amendment. ices at a lower cost to consumers. For all of these reasons, I urge my col- The committee has struck the bal- Mr. THURMOND. Mr. President, I leagues to vote against the motion to ance. I thank the Senators who have yield myself such time as may be re- table. worked so hard, the distinguished quired. I reserve the remainder of my time. chairman of the committee, the distin- Mr. President, I rise today in opposi- How much time is remaining? guished ranking member. On this one, I The PRESIDING OFFICER. The Sen- tion to the motion to table the Thur- think we must stick with the com- ator has 4 minutes 10 seconds remain- mond-D’Amato-DeWine-Inhofe second mittee that has done so much work. degree amendment. ing. Many things have been stated in this Mr. PRESSLER. How much time do I Thank you, Mr. President. Chamber over the last several days have remaining? Mr. THURMOND. Mr. President, I about my amendment to protect com- The PRESIDING OFFICER. The Sen- yield 3 minutes to the distinguished petition and consumers by providing ator from South Dakota has 6 minutes Senator from Nebraska. 32 seconds. that antitrust principles will be applied Mr. KERREY. Mr. President, the by the Department of Justice in deter- Mr. PRESSLER. I yield 3 minutes to the Senator from Texas. choice before Members on the tabling mining when Bell operating companies Mrs. HUTCHISON. Thank you, Mr. motion will be: Trust the 14-point should be allowed to enter long dis- President. I appreciate so much the checklist, basically, that the com- tance. Now that we are about to vote Senator from South Carolina. I hate to mittee has offered as an indication; or on a motion to table, it is my belief differ with him, but on this issue I do. do we want, in a parallel process, the that we must focus on just three basic The reason is because I sat on the Department to make a determination points in deciding how to proceed on committee and I saw how difficult it this pivotal issue. as to whether or not competition exists was to get to the goal of deregulation at the local level. That is all we are First, the opponents of my amend- and to try to take the harassment off ment assert that I am trying to add a discussing and debating. I believe we the businesses that we are trying to en- want the Department of Justice to second agency into the antitrust anal- courage to come into the marketplace ysis of Bell entry. In fact, just the op- make that determination. I do not rather than add yet another hurdle have the confidence in the 14-point posite is true—my amendment removes that they must jump before they can an agency. S. 652 currently provides checklist that others do. It is as simple get into the marketplace to provide the as that. that the FCC shall determine the pub- competition that gives the consumers lic interest in consultation with the the best choices for the lowest prices. Many of the statements that have Justice Department. FCC consideration This amendment is a gutting amend- been made about what this amendment of the public interest requires antitrust ment. That is why I think it is so im- attempts to do have simply not been analysis, as indicated by the courts and portant that we stick with the FCC and true. Many of the statements that have reiterated by FCC Chairman Hundt in not add one more layer of the Depart- been made about what the Department testimony last month before the Con- ment. We have made the decision that of Justice is trying to accomplish here gress. the FCC is the one that must protect simply are not true. We are simply say- As drafted, therefore, S. 652 already the diversity of voices in the market. ing, with this amendment, to Members requires antitrust analysis by both the We have said the FCC can be the one of Congress, the Department of Justice FCC and Department of Justice. My that knows when there is competition should have a determination role. They amendment will reduce this redun- at the local level so that we can go into should say, ‘‘We have determined that dancy, by prohibiting the FCC from long distance. It is that agency that there is competition,’’ or ‘‘We have de- conducting an antitrust analysis when has the expertise, that we have given determining the public interest. In- termined that there is not competi- the expertise. There is no reason to tion.’’ stead, the antitrust analysis will be come in and add another layer. conducted exclusively by the Depart- Antitrust will be taken care of if we I will cite, in a repetitive example, ment of Justice, the antitrust agency increase competition. That is what this two instances that ought to give, I with great expertise and specialization amendment will stop from happening. think, Members of Congress a pause. in analyzing competition. The committee labored not hours, The Senator from South Dakota gets Second, the antitrust role of the Jus- not days, not weeks; the committee up and says all these delays occur. I tice Department in analyzing entry has labored for years to try to level the cited an application for a waiver of the under my amendment is in no way un- playing field among all the competi- MFJ that was made in 1994 by South- usual or inappropriate. It is the same tors that want to be in the tele- western Bell. I ask the Senator from analysis that the Justice Department communications business. What we South Dakota, did he wish that would conducts routinely in determining have found are some very strong com- have been approved in 30 days? That whether companies should be able to petitive companies that want to jump waiver application would strike all the proceed into new lines of business into local service, to long distance MFJ requirements, strike all the re- through mergers and acquisitions. service. strictions with no determination of Even the standard—section 7 of the We are trying to create that level local competition whatsoever. Perhaps Clayton Act—is identical. Considering playing field. We are trying to take the the Senator from South Dakota does whether entry will ‘‘substantially re- regulators out of the process so that not like that delay. Perhaps the Sen- duce competition’’ prior to any harm our companies can compete and give ator from South Dakota and other occurring is equally important here as consumers the best prices and the best Members would like to have a situation in other section 7 cases involving a service. where there is no determination being merger or acquisition. This process If we stick with the committee, that made by the Department of Justice. If protects competition and the American is what we will have: more competi- that is the case, vote to table. public from harm which can be avoid- tion, easier to get into the competi- ed. tion. We will not put up more hurdles But if you want the Department of Mr. President, we all strongly sup- in the process. This is a deregulation Justice to have the determination role port competition. The question we are bill, not a reregulation bill. rather than just ‘‘Here is our opinion resolving today is whether we will con- That is why it is very important for about this proposal,’’ then you have to tinue to rely on antitrust law adminis- my colleagues, as they look at these vote for this amendment.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8225 I believe if you do vote for this Mr. THURMOND. I will use 30 sec- [Rollcall Vote No. 250 Leg.] amendment, you will be happy you did. onds. The Senator can take the rest. YEAS—57 At the end of the day you do not want Mr. DORGAN. Mr. President, if I Abraham Faircloth Lott to just try to make sure these folks are might take just 1 minute and ask Ashcroft Ford Lugar happy who are outside the hallway out unanimous consent Senator FEINGOLD Baucus Frist Mack Bennett Gorton McCain here, adding up votes trying to figure be added as a cosponsor to the Thur- Biden Gramm McConnell whether this amendment is going to mond-Dorgan second-degree amend- Breaux Grams Moynihan pass or fail. You want the consumers ment. Brown Gregg Murkowski The PRESIDING OFFICER. Without Bryan Hatch Murray and the citizens and the taxpayers and Burns Hatfield Nickles the voters of your State to be happy. objection, it is so ordered. Byrd Heflin Nunn And the only way they are going to be Mr. DORGAN. Mr. President, let me Campbell Helms Packwood happy, the only way they are going to again say, those who say this upsets Chafee Hollings Pressler Coats Hutchison Roth say this thing works, is if we get real the balance, this adds layers of bu- Cochran Jeffords Santorum competition at the local level. With reaucracy, this adds complexity—in my Coverdell Johnston Simpson real competition at the local level, judgment, respectful judgment, they Craig Kassebaum Smith are just wrong. They are just wrong. Dole Kempthorne Stevens there will be choice and there will be Domenici Kerry Thomas decreases in price and increases in This does not have balance unless it Exon Kyl Warner has balance in the public interest on quality. And that is the only way in NAYS—43 my judgment that S. 652 is going to behalf of the American consumer mak- ing certain the free market is free. Akaka Glenn Pell produce the benefits that have been Bingaman Graham Pryor promised. Free market and competition are won- Bond Grassley Reid Mr. PRESSLER. Mr. President, how derful to talk about but you have to be Boxer Harkin Robb much time remains? stewards, it seems to me, to make sure Bradley Inhofe Rockefeller Bumpers Inouye The PRESIDING OFFICER. The Sen- the free market is free. The only way Sarbanes Cohen Kennedy Shelby 1 2 to do that is to vote for this amend- ator from South Dakota controls 3 ⁄ Conrad Kerrey Simon D’Amato Kohl minutes. ment. Snowe Daschle Lautenberg Mr. PRESSLER. Mr. President, I So vote against tabling the Thur- Specter DeWine Leahy 1 Thompson yield myself 2 ⁄2 minutes. I yield the mond-Dorgan amendment and give the Dodd Levin last minute to the Senator from Alas- Justice Department the role they Dorgan Lieberman Thurmond ka. should have to do what should be done Feingold Mikulski Wellstone The PRESIDING OFFICER. The Sen- for the consumers of this country. Feinstein Moseley-Braun ator from South Dakota. Mr. President, I reserve the remain- So the motion to lay on the table the Mr. PRESSLER. I conclude this by der of the time. amendment (No. 1265), as modified, was saying I love my colleague from South The PRESIDING OFFICER. The Sen- agreed to. Carolina, Senator THURMOND. This ap- ator from South Carolina. Mr. HOLLINGS. Mr. President, I pears to be a difference over jurisdic- Mr. THURMOND. Mr. President, I move to reconsider the vote. tion. I plead with my colleagues, do want to say to the Senate this. This Mr. DOLE. I move to lay that motion vote this amendment down. It is a gut- amendment protects consumers and en- on the table. ting amendment. It will add more bu- hances competition. It does not gut The motion to lay on the table was reaucracy. It goes against the procom- this bill. That is an error. It provides agreed to. petitive, deregulatory nature of the for the Department of Justice to carry Mr. THURMOND addressed the Chair. bill. out the antitrust analysis of Bell com- The PRESIDING OFFICER. The Sen- I respect my colleague from South pany applications to enter long dis- ator from South Carolina. Carolina so much, but I see this as a ju- tance. This is the special expertise of Mr. THURMOND. Although my risdictional difference. On this occa- the Department of Justice. My amend- amendment was tabled, we will be sion I will have to vote to table the ment limits the FCC to reviewing other back. It is very important to have an Thurmond amendment and continue to areas and not duplicating DOJ. I am up and down vote on this amendment. love the senior Senator from South confident that this will reduce bu- I have filed my amendment at the Carolina. reaucracy and eliminate redundancy of desk, and it will be in order after clo- I yield to the Senator from Alaska Government between roles of the DOJ ture. We will then get to the direct for the last word. and FCC. In other words, it leaves with vote on this important amendment. Mr. STEVENS. Mr. President, I be- the FCC to determine issues in which AMENDMENT NO. 1264 WITHDRAWN lieve this is a balanced bill we have they have expertise. It leaves to the The PRESIDING OFFICER. Under here now. The Department of Justice Justice Department determinations in the previous order, the underlying has a statutory consultative role. If it which they have expertise. And that is amendment has been withdrawn. has concerns, the FCC will hear those the way it ought to be. f concerns. The basic thing about this The PRESIDING OFFICER. The Sen- RECESS UNTIL 2:15 P.M. bill is it gets the telecommunications ator from South Dakota has 2 min- policy out of the courts and out of the utes—a minute and 58 seconds. The PRESIDING OFFICER. Under Department of Justice and back to the Mr. PRESSLER. Mr. President, I the previous order, the Senate will now FCC to one area. We hope to transition yield the remainder of my time. stand in recess until 2:15 p.m. sometime so we do not even have them Mr. THURMOND. Mr. President, I Thereupon, at 12:55 p.m., the Senate involved. yield any time I have left. recessed until 2:15 p.m.; whereupon, the I oppose striking the public interest Mr. PRESSLER. Mr. President, I Senate reassembled when called to section because it upsets the balance make a motion to table the Thurmond order by the Presiding Officer (Mr. we have worked out. It upsets the bal- amendment, No. 1265. KYL). ance in favor of the wrong parties. Mr. President, I ask for the yeas and Mr. CONRAD addressed the Chair. I urge support of this motion of the nays. The PRESIDING OFFICER. The Sen- chairman to table. The PRESIDING OFFICER. Is there a ator from North Dakota is recognized. The PRESIDING OFFICER. The Sen- sufficient second? AMENDMENT NO. 1275 ator from North Dakota. There is a sufficient second. (Purpose: To provide means of limiting the Mr. DORGAN. Mr. President, how The yeas and nays were ordered. exposure of children to violent program- much time remains? The PRESIDING OFFICER. The ming on television, and for other purposes) The PRESIDING OFFICER. The pro- question is on agreeing to the motion. Mr. CONRAD. Mr. President, I send ponents of the amendment have a The clerk will call the roll. an amendment to the desk and ask for minute and 35 seconds. The opponents The legislative clerk called the roll. its immediate consideration. of the amendment have a minute and The result was announced—yeas 57, The PRESIDING OFFICER. The 58 seconds. nays 43, as follows: clerk will report.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8226 CONGRESSIONAL RECORD — SENATE June 13, 1995 The legislative clerk read as follows: (1) established voluntarily rules for rating streets of America. So I worked to The Senator from North Dakota [Mr. the level of violence or other objectionable form a national organization, which is CONRAD] proposes an amendment numbered content in television programming which now some 37 national organizations, all 1275. rules are acceptable to the Commission; and involved in an attempt to reduce vio- (2) agreed voluntarily to broadcast signals Mr. CONRAD. Mr. President, I ask that contain ratings of the level of violence lence in the media. This is a national unanimous consent that reading of the or objectionable content in such program- coalition that involves organizations amendment be dispensed with. ming. like the American Medical Association, The PRESIDING OFFICER. Without SEC. 504. REQUIREMENT FOR MANUFACTURE OF the PTA, the National Council of objection, it is so ordered. TELEVISIONS THAT BLOCK PRO- Churches, the sheriffs, police chiefs, The amendment is as follows: GRAMS. the school psychologists, the school On page 146, below line 14, add the fol- (a) REQUIREMENT.—Section 303 (47 U.S.C. principals, the National Education As- 303), as amended by this Act, is further lowing: sociation—37 national organizations TITLE V—MISCELLANEOUS amended by adding at the end the following: ‘‘(w) Require, in the case of apparatus de- who are committed to reducing vio- SEC. 501. SHORT TITLE. signed to receive television signals that are lence in the media. This title may be cited as the ‘‘Parental manufactured in the United States or im- It is for that reason that I offer what Choice in Television Act of 1995’’. ported for use in the United States and that I call the Parental Choice and Tele- SEC. 502. FINDINGS. have a picture screen 13 inches or greater in Congress makes the following findings: vision Act of 1995. size (measured diagonally), that such appa- Mr. LIEBERMAN addressed the (1) On average, a child in the United States ratus— is exposed to 27 hours of television each week ‘‘(1) be equipped with circuitry designed to Chair. and some children are exposed to as much as enable viewers to block the display of chan- The PRESIDING OFFICER. The Sen- 11 hours of television each day. nels during particular time slots; and ator from Connecticut is recognized. (2) The average American child watches ‘‘(2) enable viewers to block display of all AMENDMENT NO. 1347 TO AMENDMENT NO. 1275 8,000 murders and 100,000 acts of other vio- programs with a common rating.’’. (Purpose: To revise the provisions relating to lence on television by the time the child (b) IMPLEMENTATION.—In adopting the re- the establishment of a system for rating completes elementary school. quirement set forth in section 303(w) of the violence and other objectionable content (3) By the age of 18 years, the average Communications Act of 1934, as added by on television) American teenager has watched 200,000 acts subsection (a), the Federal Communications Mr. LIEBERMAN. Mr. President, I of violence on television, including 40,000 Commission, in consultation with the tele- murders. vision receiver manufacturing industry, send a second-degree amendment to the (4) On several occasions since 1975, The shall determine a date for the applicability desk and ask for its immediate consid- Journal of the American Medical Associa- of the requirement to the apparatus covered eration. tion has alerted the medical community to by that section. The PRESIDING OFFICER. The the adverse effects of televised violence on SEC. 505. SHIPPING OR IMPORTING OF TELE- clerk will report. child development, including an increase in VISIONS THAT BLOCK PROGRAMS. The legislative clerk read as follows: the level of aggressive behavior and violent (a) REGULATIONS.—Section 330 (47 U.S.C. The Senator from Connecticut [Mr. behavior among children who view it. 330) is amended— LIEBERMAN] proposes an amendment num- (5) The National Commission on Children (1) by redesignating subsection (c) as sub- bered 1347 to amendment No. 1275. recommended in 1991 that producers of tele- section (d); and vision programs exercise greater restraint in (2) by adding after subsection (b) the fol- Mr. LIEBERMAN. Mr. President, I the content of programming for children. lowing new subsection (c): ask unanimous consent that reading of (6) A report of the Harry Frank ‘‘(c)(1) Except as provided in paragraph (2), the amendment be dispensed with. Guggenheim Foundation, dated May 1993, in- no person shall ship in interstate commerce, The PRESIDING OFFICER. Without dicates that there is an irrefutable connec- manufacture, assemble, or import from any objection, it is so ordered. tion between the amount of violence de- foreign country into the United States any The amendment is as follows: picted in the television programs watched by apparatus described in section 303(w) of this children and increased aggressive behavior Act except in accordance with rules pre- On page 3, strike out line 12 and all that among children. scribed by the Commission pursuant to the follows through page 4, line 16, and insert in (7) It is a compelling National interest that authority granted by that section. lieu thereof the following: parents be empowered with the technology ‘‘(2) This subsection shall not apply to car- SEC. 503. RATING CODE FOR VIOLENCE AND to block the viewing by their children of tel- riers transporting apparatus referred to in OTHER OBJECTIONABLE CONTENT evision programs whose content is overly paragraph (1) without trading it. ON TELEVISION. violent or objectionable for other reasons. ‘‘(3) The rules prescribed by the Commis- (a) SENSE OF CONGRESS ON VOLUNTARY ES- (8) Technology currently exists to permit sion under this subsection shall provide per- TABLISHMENT OF RATING CODE.—It is the the manufacture of television receivers that formance standards for blocking technology. sense of Congress— are capable of permitting parents to block Such rules shall require that all such appa- (1) to encourage appropriate representa- television programs having violent or other- ratus be able to receive transmitted rating tives of the broadcast television industry wise objectionable content. signals which conform to the signal and and the cable television industry to establish SEC. 503. ESTABLISHMENT OF TELEVISION VIO- blocking specifications established by the in a voluntary manner rules for rating the LENCE RATING CODE. Commission. level of violence or other objectionable con- (a) IN GENERAL.—Section 303 (47 U.S.C. 303) ‘‘(4) As new video technology is developed, tent in television programming, including is amended by adding at the end the fol- the Commission shall take such action as rules for the transmission by television lowing: the Commission determines appropriate to broadcast stations and cable systems of— ‘‘(v) Prescribe, in consultation with tele- ensure that blocking service continues to be (A) signals containing ratings of the level vision broadcasters, cable operators, appro- available to consumers.’’. of violence or objectionable content in such priate public interest groups, and interested (b) CONFORMING AMENDMENT.—Section programming; and individuals from the private sector, rules for 330(d), as redesignated by subsection (a)(1), is (B) signals containing specifications for rating the level of violence or other objec- amended by striking ‘‘section 303(s), and sec- blocking such programming; tionable content in television programming, tion 303(u)’’ and inserting in lieu thereof (2) to encourage such representatives to es- including rules for the transmission by tele- ‘‘and sections 303(s), 303(u), and 303(w)’’. tablish such rules in consultation with ap- vision broadcast stations and cable systems Mr. CONRAD. Mr. President, I rise propriate public interest groups and inter- ested individuals from the private sector; of— today to offer an amendment to the ‘‘(1) signals containing ratings of the level and of violence or objectionable content in such telecommunications bill, which is a (3) to encourage television broadcasters programming; and bill that is designed to do two things. and cable operators to comply voluntarily ‘‘(2) signals containing specifications for One, it is designed to empower parents with such rules upon the establishment of blocking such programming.’’. to help make the choices of what their such rules. (b) APPLICABILITY.—The amendment made children see on television coming into (b) REQUIREMENT FOR ESTABLISHMENT OF by subsection (a) shall take effect 1 year their homes. RATING CODE.— after the date of the enactment of this Act, Mr. President, several years ago, I (1) IN GENERAL.—If the representatives of but only if the Commission determines, in became very involved in the issue of vi- the broadcast television industry and the consultation with appropriate public interest cable television industry do not establish the groups and interested individuals from the olence in the media, because I became rules referred to in subsection (a)(1) by the private sector, on that date that television convinced that violence in the media is end of the 1-year period beginning on the broadcast stations and cable systems have contributing to violence in society; it date of the enactment of this Act, there shall not— is contributing to violence on the be established on the day following the end

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8227 of that period a commission to be known as funds are available, the temporary or inter- programming that comes into their the Television Rating Commission (hereafter mittent services of experts or consultants homes, programming that they find ob- in this section referred to as the ‘‘Television under section 3109 of title 5, United States jectionable—not any Member of Con- Commission’’). The Television Commission Code. The commission shall give public no- gress, not the FCC, not anybody else, shall be an independent establishment in the tice of any such contract before entering executive branch as defined under section 104 into such contract. but what parents find objectionable or of title 5, United States Code. (6) FUNDING.—Funds for the activities of something they do not want to come (2) MEMBERS.— the Television Commission shall be derived into their homes. These choice chips (A) IN GENERAL.—The Television Commis- from fees imposed upon and collected from that are now under development—in sion shall be composed of 5 members, of television broadcast stations and cable sys- some cases, already well-developed— whom— tems by the Federal Communications Com- would enable parents to be involved in (i) three shall be appointed by the Presi- mission. The Federal Communications Com- their children’s viewing habits. dent, as representatives of the public by and mission shall determine the amount of such As we know, children are watching, with the advice and consent of the Senate; fees in order to ensure that sufficient funds and are available to the Television Commission in some cases, 27 hours of television a (ii) two shall be appointed by the Presi- to support the activities of the Television week—27 hours of television a week. dent, as representatives of the broadcast tel- Commission under this subsection. And all too often they are seeing evision industry and the cable television in- Mr. LIEBERMAN. Mr. President, at things that their parents find objec- dustry, by and with the advice and consent this point, I will yield the floor and tionable. They are watching things of the Senate; that their parents would like to pre- (B) NOMINATION.—Individuals shall be nom- look forward to hearing the remainder inated for appointment under subparagraph of the statement of my friend and col- vent them from watching. (A)(i) not later than 60 days after the date of league from North Dakota. Mr. President, many of us believe the establishment of the Television Commis- The PRESIDING OFFICER. The Sen- that parents ought to have that right. sion. ator from North Dakota is recognized. They ought to be able to determine (D) TERMS.—Each member of the Tele- Mr. CONRAD. I thank my friend. He what comes into their homes. They vision Commission shall serve until the ter- has an amendment he is offering in the ought to be able to determine what mination of the commission. second degree to refine my amend- their kids are watching. They ought to (E) VACANCIES.—A vacancy on the Tele- be able to determine what they find ob- vision Commission shall be filled in the same ment. We have worked closely together manner as the original appointment. on the underlying amendment. I appre- jectionable, not any Government cen- (2) DUTIES OF TELEVISION COMMISSION.—The ciate very much the second-degree sor—what the parents find objection- Television Commission shall establish rules amendment he is offering to make a able. for rating the level of violence or other ob- further refinement that I think will So this legislation would create that jectionable content in television program- improve the underlying amendment. I opportunity. I just point to this USA ming, including rules for the transmission by greatly appreciate the hard work the Weekend Poll that was done from June television broadcast stations and cable sys- Senator from Connecticut has put for- 2 through June 4. These survey results tems of— are very interesting. Ninety-six per- (A) signals containing ratings of the level ward on this issue. of violence or objectionable content in such As I was saying, several years ago, I cent are very or somewhat concerned programming; and became deeply involved in this subject. about sex on TV; 97 percent are very or (B) signals containing specifications for Frankly, I became involved because of somewhat concerned about violence on blocking such programming. an incident involving my wife when she television. When it comes to the two (3) COMPENSATION OF MEMBERS.— was attacked outside of our home here issues included in this amendment, (A) CHAIRMAN.—The Chairman of the Tele- in Washington, DC. overwhelmingly, they say: Let us do it. vision Commission shall be paid at a rate At that time, I concluded that I Let us have a choice chip in the tele- equal to the daily equivalent of the min- ought to do everything I can do to help imum annual rate of basic pay payable for vision set at a cost of less than $5 per level IV of the Executive Schedule under sec- reduce violence in society. There are television set. In fact, we have just tion 5314 of title 5, United States Code, for many things that contribute to vio- been told that when it is in mass pro- each day (including traveltime) during which lence in this country—drugs, gangs, duction, it may cost as little as 18 the Chairman is engaged in the performance and a whole series of issues that relate cents per television set. of duties vested in the commission. to people that do not have an economic Should V-chips or choice chips be in- (B) OTHER MEMBERS.—Except for the Chair- chance. Also, we have to get tough on stalled in TV sets so parents could eas- man who shall be paid as provided under sub- crime in this country. We have to in- paragraph (A), each member of the Tele- ily block violent programming? That vision Commission shall be paid at a rate sist that those who commit crimes do was a question in the USA Today poll. equal to the daily equivalent of the min- their time. They have to be punished. The American people responded ‘‘yes’’ imum annual rate of basic pay payable for They have to know they are going to 90 percent. Mr. President, 90 percent level V of the Executive Schedule under sec- be punished and that punishment want to have the opportunity to choose tion 5315 of title 5, United States Code, for ought to be swift and severe. what comes into their homes. each day (including traveltime) during which In addition to all of those things, I On the second matter that is in this the member is engaged in the performance of also am persuaded that violence in the amendment, that is the creation of a duties vested in the commission. media is contributing to violence in rating system so that parents can have (4) STAFF.— our society. That is not just my con- (A) IN GENERAL.—The Chairman of the Tel- some idea before the programming airs evision Commission may, without regard to clusion, that is the conclusion of the what the programming includes, the the civil service laws and regulations, ap- vast majority of people in this country. question was asked: Do you favor a rat- point and terminate an executive director That is the conclusion of the American ing system similar to that used for and such other additional personnel as may Medical Association, who, as I indi- movies? Yes, 83 percent; no, 17 percent. be necessary to enable the commission to cated earlier, is one of the charter Overwhelmingly, the American peo- perform its duties. The employment of an ex- members of the national coalition I ple want choice chips in television, and ecutive director shall be subject to confirma- have put together on this question of they want a rating system. tion by the commission. violence in the media. Mr. President, we heard objections (B) COMPENSATION.—The Chairman of the Television Commission may fix the com- Mr. President, what this amendment from some that the rating system pensation of the executive director and other does is really two things. It provides ought not to be something determined personnel without regard to the provisions of that television manufacturers will in- in the first instance by Government. chapter 51 and subchapter III of chapter 53 of clude in new television sets, at a time The Government should not make this title 5, United States Code, relating to clas- that they, in consultation with the decision. We have heard that com- sification of positions and General Schedule FCC, determine is the workable time, plaint. We have heard that criticism. pay rates, except that the rate of pay for the to require a choice chip in the tele- We heard that suggestion. executive director and other personnel may visions. Just as we have chips in the In the amendment that I am offering, not exceed the rate payable for level V of the Executive Schedule under section 5316 of television now that provide for closed we give the industry, working with all such title. captioning, we would provide choice interested parties, parent-teacher (5) CONSULTANTS.—The Television Commis- chips in new televisions, which would groups, school administers, other inter- sion may procure by contract, to the extent be able to empower parents to exclude ested parties, churches, and others, a 1-

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8228 CONGRESSIONAL RECORD — SENATE June 13, 1995 year window of opportunity to make a He said, ‘‘Senator, this is affecting our on anyone’s First Amendment rights or cre- decision on what that rating system children. It is affecting the way they ative freedoms. ought to be. We give the industry, see life.’’ Senator Conrad’s amendment requires the working with all interested parties, a We, as adults, ought to do something installation of a ‘‘choice chip’’ in all tele- vision sets. While its critics in the TV indus- chance, a 1-year chance. Let them de- about it. So the question comes before the Senate, what do we do? Do we have try have labelled it a ‘‘blocking chip’’, it is cide what the rating system should important to remember that this chip mere- look like. censors? Do we set up a censorship sys- ly identifies a program as containing harm- I might just say, Mr. President, we tem? Not in America. That violates the ful violence. It is the individual parent who gave another industry a chance to do first amendment. That is not in tune must actually elect to block violent pro- that. We gave the recreational software with American values. grams from coming into their home. The in- industry a chance to create a rating What we can do, what we should do, troduction of this ‘‘choice chip’’—and the de- system. They went out and did it. what we must do, is empower parents, velopment of an accompanying ‘‘violent pro- Here is the rating system they came give them a chance to intercept this gram ratings system’’ devised by the tele- up with. On violence, their advisory process, give them a chance to decide vision industry—will be a big step forward what their kids are going to be exposed for two reasons. First, it will give all par- has a thermometer with a 1, 2, 3, 4 ents—including those who must work long scale. We can tell what is the level of to. We already know the children in hours outside the home and, therefore, can- violence in that program. We can tell this country, by the time they are 12 not constantly supervise their children’s on nudity/sex in the same way. That is years old, have witnessed 8,000 mur- viewing—the assistance they need to shield the rating. And the same way with re- ders, have witnessed 100,000 assaults. their children from harmful programming, in spect to language that is used. Everyone knows that has an effect on effect a long-overdue right of self-defense. A In Canada, the industry, on a vol- those children. concerned parent need only activate the untary basis, established a rating sys- Mr. President, we have gone to great ‘‘choice chip’’ and he or she can be certain lengths to make sure that what we are that the television will no longer assault tem. They did it. It is in place. It is their children with images of ‘‘Dirty Harry’’, working. We should give our industry, offering here today is a voluntary sys- ‘‘The Terminator’’ and the like. Second, it working in cooperation and in conjunc- tem, voluntary in the sense that we will unquestionably result in many adver- tion with all other interested parties— give the industry a chance to establish tisers pulling their advertising budget from with the parents, with the church lead- that rating system, voluntary in the programs with glamorized or excessive vio- ers, with all others in the community sense that the parents are the ones to lence. Few advertisers will spend their pre- who are interested—a chance to estab- decide what comes into their homes for cious dollars running commercials on pro- lish a rating system so that parents viewing by their children. grams which millions of Americans will have elected to tune out of their homes. and other viewers have a chance to Again, I ask unanimous consent to The introduction of this new parental know just what is this program going have printed for the RECORD a series of letters from organizations supporting choice technology is not revolutionary. It is to be like with respect to violence? simply an extension of the current opportu- What is it going to be like with respect this legislation: the National Founda- nities many parents and viewers have to use to sexual activity? What is it going to tion to Improve Television; the Amer- their television’s cable converter to block be like with respect to language? ican Academy of Pediatrics, the Amer- out particular cable channels either com- Then let the viewers decide what it is ican Medical Association Alliance, the pletely or during a particular time of the they want to watch. Let the parents National Alliance for Nonviolent Pro- day. With this new capability, parents would decide what the children are going to gramming, the National Coalition on simply be further empowered to block out all programming which the industry has deter- be exposed to. Television Violence, the National Asso- ciation of Secondary School Principals, mined contain harmful depictions of vio- Mr. President, I believe this is an im- lence. This violence-specific blocking capa- portant question and an important Parent Action, the National Associa- bility, rather than channel-specific capa- issue. When I started on this in North tion for the Education of Young Chil- bility, is essential when we recognize that in Dakota, I called the first meeting, and dren, the National Association of Ele- a very short time parents will be confronted I was expecting 10 or 15 people to show mentary School Principals, the Amer- with 500 or more channels entering their up. The place was packed. We had ican Academy of Child and Adolescent homes. every kind of organization represented Psychiatry. All of these organizations The industry’s response, in order to stave there in my hometown of Bismarck, are supporting this amendment. off this new form of parental empowerment which will cost it advertising dollars if they ND. There being no objection, the mate- rial was ordered to be printed in the continue to program glamorized violence, One of the things they decided to do will be that such a system is too rigid, that was have a national petition drive, to RECORD, as follows: it will impact programs ranging from ‘‘Texas send to the leaders of the media a re- NATIONAL FOUNDATION Chainsaw Massacre’’ to ‘‘Roots’’. This is, of quest that they tone down the violence TO IMPROVE TELEVISION, course, not the case. This plan leaves it to that is in the media, that is in tele- Boston, MA. the industry to determine which programs vision, that is on the movies. Over- STATEMENT OF WILLIAM S. ABBOTT, PRESI- would be tagged with the violence signal. We whelmingly at that meeting, individual DENT OF NATIONAL FOUNDATION TO IMPROVE would trust that the industry would exercise after individual, stood up and said, TELEVISION, IN SUPPORT OF SENATOR its good judgment in attaching such signal. CONRAD’S PARENTAL ‘‘CHOICE CHIP’’ AMEND- ‘‘I Spit on Your Grave’’ will warrant the sig- ‘‘You know, I am absolutely persuaded MENT, JUNE 12, 1995 nal, which the ‘‘Civil War’’ documentary, for that violence in the media is contrib- I am the president of the National Founda- example, will not. The television industry is uting to violence on our streets.’’ tion to Improve Television—a nonprofit edu- currently placing violence warnings on par- I remember very well a school prin- cational foundation with an exclusive focus ticular programs which it judges to contain cipal standing up in that meeting. He on remedies to the problem of television vio- excessive or otherwise harmful violence, so had been a school principal for 20 years lence. We have worked for 25 years to allevi- it is clear that it can exercise this kind of in North Dakota. He said, ‘‘Senator ate the impact that television violence has judgment if it so chooses. CONRAD, I have seen a dramatic change on young people. On behalf of the millions of It has been reported that this new tech- in what our children write about when children and parents who are desperately nology would add as little as $5 to the price of a new television set. Thus, it is empower- we ask them to do an essay.’’ He said, calling for help to rid their homes of brutal- izing images of murder and mayhem, we ap- ment affordable by all. Properly publicized ‘‘It is so different now than when I plaud Senator Conrad’s introduction of this through an ongoing nationwide public serv- started in schools 20 years ago. Twenty amendment. ice announcement and parental notification years ago people would write about The introduction of this amendment is an campaign, the technology will become in- their experiences on the farm; they important step in empowering parents with creasingly popular over time. Since tele- would write about their experiences in the help they need to protect their children vision has long contended that the ‘‘public a summer job; they would talk about from the scientifically proven harmful ef- interest’’ is simply what interests the public, going to camp in the summer. Today fects of television violence. This amendment and that the ultimate responsibility for chil- does not signal that the government is be- dren’s viewing lies with the parents, it when you ask them to write an essay, coming involved in dictating program con- should have no quarrel with a mechanism they write about what they have seen tent. This amendment does not tell the en- which gives parents the unprecedented op- on television. All too often, the images tertainment industry what kinds of stories portunity to supervise effectively their chil- are images of violence and brutality.’’ they can and cannot tell nor does it trample dren’s viewing.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8229 For the last 30 years, the American public committed to curbing the effects of violence In supporting this amendment, NCTV has told the television industry to lead, fol- in the media as one dimension of its nation- draws on years of experience monitoring tel- low or get out of the way with regard to re- wide SAVE Program to Stop America’s Vio- evision violence. While there has been, of ducing the level of glamorized and excessive lence Everywhere. late, recognition of the influences of tele- violence on television. To date, they have vision violence, there is still a serious at- certainly not led the way toward resolving NATIONAL ALLIANCE FOR NON-VIOLENT tempt by the broadcast industry to exempt the problem. They clearly haven’t followed PROGRAMMING SUPPORTS CONRAD AMENDMENT cartoon violence from the discussion. As a either—as they continue to program high The National Alliance for Non-Violent Pro- last line of defense, the happy violence of levels of violence despite growing public gramming, a network of national women’s cartoons is still deemed by the broadcast in- anger with the amount of violence on tele- organizations comprising more than 2700 dustry as not affecting our children. Now, vision. Through their overwhelming support chapters and 400,000 women, works at the with the passage of this amendment, we do for Senator Conrad’s parental empowerment grassroots to counter the impact of media vi- not have to wait for the broadcast industry proposal, the American people are effectively olence without invasion of First Amendment to clean up their act in regard to cartoons. telling the television industry ‘‘Get out of rights. The Alliance’s approach, media lit- Parents who understand and see the effects the way’’—we’re ready to address their prob- eracy education as violence prevention, is of cartoon violence will be able to simply lem ourselves. Give us the tools and, with collaborative and non-partisan. The Alliance block out the offending programs. the industry’s cooperation, we’ll do the job. lends strong support to the Parental ‘‘Choice Dr. Gould further states, ‘‘The rating sys- Chip’’ Amendment to the Telecommuni- tem is a means of informing parents about AMERICAN ACADEMY OF PEDIATRICS, cations Act S 652 to be introduced by Sen- what is coming into their homes and the Pa- 601 THIRTEENTH STREET, NW., ator Kent Conrad of North Dakota. rental ‘‘Choice Chip’’ empowers them to ful- Washington, DC, June 13, 1995. Rapidly developing technologies are ensur- fill their proper role as parents.’’ Hon. KENT CONRAD, ing greater and greater access to all forms of U.S. Senate, electronic media. A non-censorial solution to Washington, DC. the widely-acknowledged problem of the in- THE NATIONAL ASSOCIATION OF DEAR SENATOR CONRAD: On behalf of the fluence of television violence, Senator SECONDARY SCHOOL PRINCIPALS, American Academy of Pediatrics, whose Conrad’s amendment would provide parents Reston, VA, June 12, 1995. 49,000 members are dedicated to promoting and caregivers with the information to make Hon. KENT CONRAD, the health, safety, and well-being of infants, responsible decisions about children’s tele- U.S. Senate, children, adolescents and young adults, I vision viewing and the technology to block Washington, DC. want to commend you for your strong lead- programming they consider objectionable. DEAR SENATOR CONRAD: The National Asso- ership in the area of children’s television. The Conrad amendment calls on the FCC ciation of Secondary School Principals Pediatricians have long been concerned to act in conjunction with the networks, [NASSP] and its 42,000 members strongly about the effects of television on children— cable operators, consumer groups and par- supports your parental ‘‘choice chip’’ amend- from the lack of educational programs, to ents to establish a system to rate the level of ment to S. 652, the Telecommunications the high level of violence which we clearly violence on television. The process itself is Competition and Deregulation Act of 1995. believe has a role in aggression in children, therefore inclusive and educational. As con- Your amendment would greatly enhance the as well as the continual bombardment of ad- sumers informed about what is coming into national movement to monitor and ulti- vertisements aimed at them. Children are their homes then utilize circuitry to block mately decrease violence in television by: fortunate to have you working so diligently out the programs they consider objection- Enabling parents to program their tele- on their behalf. able, parents and caregivers will be able to While we don’t believe that television is vision sets to block out objectional or vio- exercise responsibility rather than feeling lent television shows; and solely responsible for all the violence in our uninformed or powerless to bring about posi- society, we do believe that violent programs tive change. Calling on the Federal Communications contribute to the violence in our society. In Commission (FCC) to work with television our practices, pediatricians observe first- NCTV SUPPORTS CONRAD AMENDMENT networks, cable operators, consumer groups, parents, and others to establish a system to hand that such programming tends to make WASHINGTON, DC.—The National Coalition children more aggressive and more apt to on Television Violence [NCTV] strongly sup- rate the level of violence. imitate the actions they view. ports the Parental ‘‘Choice Chip’’ Amend- Our nation is experiencing an unrivaled pe- Parents should be responsible for moni- ment to the Telecommunications Act to be riod of juvenile violent crime perpetrated by toring what their children are viewing. How- introduced by Senator Kent Conrad of North youths from all races, social classes, and ever, over the past years a dramatic alter- Dakota. lifestyles. Without question, the entertain- ation of the American family portrait has Dr. Robert Gould, psychiatrist and presi- ment industry plays a role in fostering this taken place. To assist families in deter- dent of NCTV, commented about the amend- anti-social behavior by promoting instant mining appropriate television programming, ment: ‘‘The technological explosion has gratification, glorifying casual sex, and en- we strongly support installation of a micro- made it impossible for parents to keep couraging the use of profanity, nudity, vio- chip in all new televisions to allow parents abreast of the media: music, movies and tele- lence, killing, and racial and sexual stereo- to block violent programs. This provision vision.’’ typing. will allow parents some degree of control of With this in mind, Senator Conrad has NASSP urges Congress to support the pa- the programs their children watch—an im- taken the leadership in the question of Chil- portant option for today’s programming en- rental ‘‘choice chip’’ amendment, and com- dren’s Television, especially the effect of vio- mends you, Senator Conrad, for your efforts vironment. lence on our young people. He has worked Thank you again for your staunch advo- to protect our children and youth from un- long and hard to seek reasonable solutions to cacy in creating a better television environ- necessary exposure to violence in television this pressing problem. He has pulled together ment for America’s children. We look for- and the media. ward to working with you on this important an impressive task force of national organi- Sincerely, legislation. zations from which he has sought informa- DR. TIMOTHY J. DYER, Sincerely yours, tion and input to a problem which lends Executive Director. itself to wild rhetoric but no action. The GEORGE D. COMERCI, M.D., amendment that he proposes is both effec- President. PARENT ACTION, tive and in no way impinges on anyone’s Baltimore, MD, June 12, 1995. freedom of speech as protected by the First AMERICAN MEDICAL ASSOCIATION Hon. KENT CONRAD, ALLIANCE, INC., Amendment. Senator Conrad’s amendment effectively U.S. Senator, Chicago, IL, June 12, 1995. Washington, DC. The American Medical Association Alli- addresses two of the most pressing problems a parent faces, i.e. how to turn off DEAR SENATOR CONRAD: Parent Action of ance, Inc., is pleased to join the AMA and Maryland, a statewide grassroots organiza- other members of the Citizens’ Task Force objectional programming, and how to know tion dedicated to helping parents raise fami- Against TV Violence in wholeheartedly sup- what to turn off. A rating system established lies, endorses your Parental Choice and Tele- porting the parental choice amendment to by the FCC in conjunction with the TV net- vision amendment to the Telecommuni- the Telecommunications Competition and works, cable operators, consumer groups and cations Act (S. 652). De-regulation Act of 1995 (S. 652). parents will give parents necessary informa- As a national organization of more than tion to make informed judgments as to what Our children are bombarded with negative 60,000 physicians’ spouses, the AMA Alliance is appropriate for their children. The techno- and violent images giving them a disturbing fully supports v-chip technology allowing logical equipment will allow parents, in view of the world in which we live. By the parents and other adults to block programs their homes, to choose what they wish their time a child leaves school, he or she will they deem objectionable, and arming them children to watch. Technology will finally have witnessed more than 8,000 murders and with a standard violence rating system by allow parents to ‘‘If you don’t like it, turn it 100,000 acts of violence on television. This which they can make those choices. off,’’ as has been smugly suggested by the in- unceasing and relentless barrage of violence As a member of the Citizens’ Task Force dustry for years. The Parental ‘‘Choice serves only to inure our children to the re- Against TV Violence, the AMA Alliance is Chip’’ will make this a real possibility. sults of violence, hinder their ability to

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8230 CONGRESSIONAL RECORD — SENATE June 13, 1995 learn and teach them that conflicts can be 3. Children may become more fearful of the Again, I want to thank my friend and solved by violence. world around them. colleague from North Dakota, Senator In addition, more subtle effects of over- Parents, concerned about the effects of tel- CONRAD, for his leadership on this mat- exposure to television violence can be seen. evision violence on their children, are look- ter and to tell him how pleased I am to ing for ways in which they can make good Repeated viewing of media violence rein- programming choices for their children. forces antisocial behavior and limits chil- join with him in this effort. Your amendment makes important strides in dren’s imaginations. Violent programming This is a complicated problem, to that direction. typically presents limited models of lan- which there is not a clear, perfect solu- A rating system would provide parents guage development that narrow the range tion. What we know is that the values with the information they need to make in- and originality of children’s verbal expres- of our society, of our children, are formed choices of whether a program is ap- sion at a time when the development of lan- being threatened, and that the enter- propriate for their children. Installation of a guage is critically important. tainment media too often have sent Of all of the sources and manifestations of ‘‘Choice Chip’’ in television sets then would messages to our kids that are different allow parents block out the programming violence in children’s lives, media violence is they find objectionable. The beauty of your perhaps the most easily corrected. NAEYC than what we as parents are trying to amendment is that it protects the First believes that the Conrad amendment is an send. Amendment and gives parents real power at important step—long overdue—to reduce I think Senator CONRAD has taken a the same time. children’s exposure to media violence, and it real leadership role here and stepped If we truly believe that our children are does so by empowering parents. We strongly out, stepped forward, with a response America’s most valuable resource, then we urge passage of this amendment. that will force this Senate, I hope the must begin valuing them. We must treasure television industry, and indeed the and respect their minds and development— AMERICAN ACADEMY OF CHILD country, to face the reality of what we AND ADOLESCENT PSYCHIATRY, not assault them with gratuitous violent im- and our kids are watching over tele- ages. Washington, DC, June 12, 1995. Sincerely, Senator KENT CONRAD, vision and what we can do about it. K.C. BURTON, U.S. Senate, Mr. President, the growing public de- Executive Director. Washington, DC. bate over the entertainment industry’s DEAR SENATOR CONRAD: The American contribution to the degradation of our NATIONAL ASSOCIATION OF Academy of Child and Adolescent Psychiatry culture could not have come at a more ELEMENTARY SCHOOL PRINCIPALS, is pleased to endorse your telecommuni- fortuitous time for the Senate Cal- Alexandria, VA, June 12, 1995. cations bill amendment providing for new endar. We are in the process here of Hon. KENT CONRAD, television sets being required to contain a v- chip that would permit parents to block tele- considering the most comprehensive U.S. Senate, rewrite of the Nation’s telecommuni- Washington, DC vision programming that includes program- DEAR SENATOR CONRAD: The National Asso- ming not suitable to their family. The harm- cations law in 60 years. We are making ciation of Elementary School Principals, ful effects of media violence on children and some pivotal decisions about the future representing 26,000 elementary and middle adolescents have been established, and this of a most powerful force in American school principals nationwide and overseas, is amendment will empower parents, whether culture. That is television. pleased to endorse your Parental Choice they are at home or not, to monitor and con- Up to this point in the floor debate, Amendment to the Senate telecommuni- trol access to programs. This is one amend- we have heard mostly about the won- cations bill, S. 652. ment among many, but it is an important commitment by legislators to parents and to ders of the new technology that will be NAESP supports the effort to create a pro- at our disposal, who will control it, and cedure for establishing a ratings system that child advocates. involves input from interested parties in the WILLIAM H. AYRES, M.D., how much it will cost. What has not public and private sectors. The violence rat- President. been heard that much in all the talk ing code will help parents to gauge the con- Mr. CONRAD. Mr. President, I would about the wiring, however, is discus- tent of individual television programs and like to add Senator MIKULSKI as a co- sion of what exactly those wires are thus make informed decisions about which sponsor of the amendment. going to carry into our homes. Few shows they allow their children to see. The PRESIDING OFFICER. Without questions have been asked about the The requirement that a ‘‘choice chip’’ be objection, it is so ordered. substance of the programs that will be installed in most new televisions is also an shown over the proverbial 500 channels excellent idea. This device will enable par- Mr. CONRAD. We will be happy to de- ents to have more control over their impres- bate this issue and answer questions. we expect once the road map of Amer- sionable children’s viewing habits when the I want to summarize and say this ican telecommunications has been parents are unable to monitor television amendment does two things: It pro- digitized. Even fewer questions have watching directly. vides for the parental choice chips to been asked about the quality of pro- Thank you for your ongoing efforts on this be in all new televisions, after the FCC grams, of products, to which we will be important matter. and the industry consult on when is the exposing our children. Sincerely, appropriate time for that requirement Now, in many ways, that is under- SALLY N. MCCONNELL, standable. We, as elected officials, are Director of Government Relations. to go into effect. Second, we provide for the establish- traditionally and understandably re- NAEYC SUPPORTS CONRAD AMENDMENT TO ment of a rating system so that par- luctant to set limits of any kind on PROMOTE PARENTAL CHOICE IN CHILDREN’S ents and other consumers have a broadcasters, out of deference to their TELEVISION VIEWING chance to know what the programming first amendment freedoms we all are The National Association of Young Chil- contains before they watch it. Again, committed to. dren [NAEYC] strongly supports Senator we do that on the basis of allowing the That is as it should be. Legislators Kent Conrad’s amendment to the tele- industry, in consultation with all other should make laws, not programming communications bill to reduce children’s ex- interested parties, to establish that decisions. But we also must remember posure to media violence. The amendment rating system within 1 year. If they that we are leaders as well as law- would require television sets to be equipped fail to do it within 1 year, we would makers, and we must lead in dealing with technology (V-chip) that allows parents with America’s problems. That is why, to block objectionable programming and es- ask the FCC to become involved in that tablish a violence rating code. These steps process. We see no reason that the in- again, I commend my colleague, Sen- are valuable tools that provide parents dustry in 1 year could not arrive, on a ator CONRAD, for forcing this body to greater power in controlling the nature of voluntary basis, at an appropriate rat- consider and weigh carefully the rami- television programs to which their children ing system. fications of this legislation for Amer- are exposed. Mr. President, I thank my col- ica’s families and for our moral health. The negative impact of media violence on leagues, Senator MIKULSKI and Senator Why is this so important now? Be- children’s development and aggressive be- LIEBERMAN, who have worked with me cause at the very moment that new havior is clear. Research consistently identi- on this issue. technologies are exploding through the fies three problems associated with repeated roof, the standards of television pro- viewing of television violence: Senator LIEBERMAN now would like 1. Children are more likely to behave in ag- to discuss his second-degree amend- grammers are heading for the floor gressive or harmful ways towards others. ment. dropping with the velocity of a safe 2. Children may become less sensitive to Mr. LIEBERMAN. Mr. President, I dropped off a cliff in a vintage Road the pain and suffering of others. thank the Chair. Runner cartoon. Except, instead of

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8231 Wile E. Coyote, it is the values and erred on the side of free speech, which you turn in the afternoon to adolescent sensibilities of our children that are is a testament to our commitment to fare, which may be OK for adolescents, put in peril. the first amendment. but certainly is not for a 7-year-old. More and more these days, the tele- But in a great constitutional irony, The same is true of some of the evening vision aimed at our sons and daughters our determination to avoid any hint of programming, whose content, even in either numbs their minds or thumbs its censorship has been so great that we early evening hours, is inappropriate nose at the values most parents are have effectively chilled the discussion for children. trying to instill in them. Turn on the about how we might properly, hope- I wonder the same thing about those TV at night, and it’s hard to avoid the fully working with the television in- responsible for deciding to target a gratuitous sex and violence that has dustry, improve the quality of tele- version of ‘‘Dumb and Dumber’’ to become the bread and butter of prime vision programming. That neglect has young children. Especially the studio time television. The Wall Street Jour- come at a heavy cost to society, for we spokesperson who described the upcom- nal recently carried a report detailing have opened the door to an anything- ing series by saying, ‘‘It’s going to so how even the 8 p.m. timeslot, once the goes mentality that is contributing dumb it’s smart. Or so smart it’s dumb. last bastion of family-oriented shows, significantly to the crisis of values this I don’t know which’’ has become a hotbed of sex and other country is experiencing. The case of ‘‘Dumb and Dumber’’ is spicy fare. That is all the more dis- There is no better—or worse, shall I particularly distressing, because on the turbing when you realize that 35 per- say—example of this mentality than same day that ABC announced that it cent of all American children ages 2 to the proliferating legion of sensa- was adding ‘‘Dumb and Dumber’’ to its 11 are watching during that hour. tionalistic talk shows. They are on the lineup, the network said it was can- If you tune in after school, you have air constantly—by my staff’s count celing one of its few quality edu- your pick of the parade of talk shows there were 23 separate hour-long offer- cational programs for kids. That move edging ever closer toward pornography, ing on Washington-area stations in one would be alarming in its own right. By often dwelling on abnormality, perver- 9-hour period. all accounts the program ABC was sion. On Saturday morning, you will be You can see this for yourself, Mr. abandoning—a science-oriented show treated to a litany of glossy toy com- President, on this chart, with the boxes called ‘‘Cro’’ that is produced by the mercials masquerading as real pro- colored in with the yellow or orange, same highly regarded group that gave gramming. The industry’s regard for however it looks from your vantage us ‘‘Sesame Street’’—was an inventive children and families has grown so low point, being hour-long talk shows. For and thought-provoking series. that one network, it happened to be the most part, if you turn your TV on Like too many of the choices made in ABC, recently announced that it was to these shows you are not going to our entertainment industry these days, adding a cartoon version of the movie find wholesome family fare that you this one mocks the efforts of mothers ‘‘Dumb and Dumber’’ to its Saturday would like your kids to watch. and fathers who are struggling to cre- morning lineup. Television has now of- I should point out, in an expression ate a healthy environment for their ficially, with this act, crossed the of appreciation of my staff, that ‘‘Regis children to learn and grow. There is a threshold from covertly encouraging & Kathie’’ Lee are not colored in on place for fun, for laughter, for car- thoughtless behavior to openly cele- this chart. Many of these programs air toons. But at the same time, there has brating it. in the afternoon, when many children to be a place about respecting values, Given the direction television is are home alone because their parents intelligence, and good family fare. heading, and given the overwhelming at work, or home with their parents Sadly, ABC’s decision is typical of evidence showing that TV’s affinity for but they parents may be doing some- the priorities set by America’s big four violence is a real threat to the develop- thing else. broadcast networks, and those carried ment of our children, I think we, as But it is the quality—or lack there- out by their local affiliates. According Members of the U.S. Senate, should be of—that is more disturbing than the to a congressional hearing held last seriously concerned with where these quantity. Many of these programs are June, ABC, NBC, CBS, and Fox com- new technologies will take us. Do we, simply debasing. Their growth has bined to show a total of 8 hours of edu- as a nation, really want to invest bil- turned daytime television into a waste cational programming a week in 1993, lions into building an information su- site of abnormality and amorality, as whereas in 1980, 11 hours was the aver- perhighway only to turn it into a cy- Ellen Goodman so aptly put it, which age for just one network. If that is not bernetic garbage disposal? Are we mak- is on the its way toward stamping out distressing enough, a study conducted ing progress if we offer consumers 500 any last semblance of standards, and by the Center for Media Education different talk shows rather than just a shame when those standards are bro- showed that the clear majority of chil- few dozen? Do we not owe our children ken, in this country. dren’s educational shows are broadcast and our country more than that? The greatest indictment of these when kids were usually asleep. That These are questions we, as a society, shows, as well as the gamut of pro- raises real doubts about the commit- must address as we try to make sense gramming aimed directly or indirectly ment of the networks and the affiliates of the ongoing information revolution, at children, comes from kids them- to these programs. and as we try to deal with the decline selves. A recent poll conducted by the The ritual defense and industry uses in values in our country and our cul- California-based advocacy group Chil- to justify their growing irrespon- ture. Technology is not a good in itself, dren Now showed that a majority of sibility is that they are providing what but a tool. The information super- youths between 10 and 16 said that tele- the market demands. In some ways it highway could potentially help speed vision encourages them to lie, to be is a persuasive argument in this coun- the recovery of America’s public edu- disrespectful to their parents, to en- try, and in most cases I am willing to cation system. It could help elevate gage in aggressive and violent behav- abide by the market and let it be. But our culture and our values. But it also ior, and, perhaps most disturbing of all, when it is used to shield behavior that could help accelerate the moral break- to become sexually active too soon. potentially puts America’s children at down of our society, and that is some- I am the father of a 7-year-old daugh- risk, I think we have to figure out a thing I believe we need to talk about ter. When I hear about these programs reasonable way to set up some warning openly as we go about reforming of our or see them, I can only wonder if those signs so parents can protect their own telecommunications laws. responsible for this junk appearing on children. As Washington Post TV critic I recognize that the issue of content, television are parents themselves. Tom Shales said, ‘‘Just because people especially as it relates to television, is Would they allow their children to are willing to come is no defense. a difficult one. In this case, we are watch the garbage that they are put- There’s an audience for bloody traffic faced with contradictory goals—pro- ting on display? accidents too.’’ tecting the right of the media to speak Mr. President, I have watched my Our colleague Senator BRADLEY freely and independently, and allowing daughter come home and watch one of spoke forcefully about this issue in an the community to influence them when the cable networks which has a lot of excellent speech he delivered earlier they go too far. In the past, we have children’s material in it. And suddenly this year at the National Press Club.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8232 CONGRESSIONAL RECORD — SENATE June 13, 1995 Yes, we must remain committed to up- ment, Senator CONRAD is calling on the software that will enable games to be holding freedom, Senator BRADLEY television industry to do nothing more played on personal computers, the in- said, but we must also guard against than the movie makers and the video dustry itself developed a voluntary sys- the corrosive effect of the liberties we game manufacturers have done, and tem that actually was in place less afford the markets, especially the en- that is to establish a voluntary rating than a year after Senator KOHL and I tertainment industry. ‘‘The answer is system to evaluate programming for held our first hearing. Now I am not censorship,’’ he said, ‘‘but more objectionable content. pleased to say that almost 600 video citizenship.’’ This amendment, which I am pleased game titles have been rated. By this The Senate majority leader spoke to support, will give the industry a year’s Christmas shopping season, we out just within the last week or 10 days year to develop such a system on their hope and believe, based on conversa- on this subject forcefully, and I think own. If the broadcasters and cable net- tions with the industry itself, that al- appropriately. The Senator from Illi- works for some reason do not respond most all of the video games in the nois [Mr. SIMON] has been a long-time to this call, then under the proposal of stores will be rated, and, therefore, critic of television programming, and the Senator from North Dakota the parents will know the content of the has appealed to those involved to give FCC would be required to promulgate games that they are buying for their better fare to our kids. What Senator ratings that would trigger the use of children. BRADLEY and Senator DOLE said about the blocking technology called for in Mr. President, finally, it is my hope this not being about censorship but the proposal. that the television industry will re- citizenship is absolutely right. That is While I share Senator CONRAD’s com- spond similarly to this initiative by what H.L. Mencken was talking about mitment to ratings, I also recognize the Senator from North Dakota, by when he said long ago that the cure to that some people have first amendment Senator MIKULSKI from Maryland, and whatever ails democracy is more de- concerns regarding the FCC’s direct in- by myself, and accept that it has not mocracy. Parents must exercise their volvement in developing ratings, and only obligations but opportunities as a primary responsibility and hold tele- that those concerns may prevent them very important member of the greater vision programmers accountable and from supporting this amendment even American community. I can assure the remind them that profits accrued at though they may strongly support its folks in the television and broadcast the expense of our children are really goals. industry that we stand ready to work fool’s gold. That means speaking out— So with that in mind, I have proposed with them in a cooperative fashion to loudly—and acting as informed con- the second-degree amendment that do what is best for America’s families. sumers. The networks and their local would limit the Government’s role, the Yes, but also ultimately what is best affiliates, the programmers and the FCC’s role, should the industry refuse for the American television industry syndicators need our help in hearing to comply to the invitation to self-re- without infringing on any of the free- the call that we expect more in the straint that is at the heart of this doms all of us rightly cherish and pro- way of citizenship. And advertisers amendment. Instead of the FCC step- tect. This is not about censorship. It is should recognize their responsibility to ping in, if the television industry fails about choices. We do not want to take the larger civil society that allows us to develop a voluntary set of standards away a network’s choice to air offen- all to exist and grow in this great de- after 1 year, this amendment would sive material if that is their choice. We mocracy of ours. bring about the creation of an inde- just want to make sure that parents But the question remains, though, pendent board, a joint independent rat- and citizens have the choice to prevent what should the proper response of ings board, comprised of representa- their kids or their families or, indeed, Congress and the law be? I have come tives of the public and representatives themselves from watching that mate- to the conclusion myself that talk or of the television industry to create the rial. jawboning is not enough. Talk is not ratings necessary under the amend- Mr. President, I thank the Chair. I only cheap, as the proliferation of talk ment. yield the floor. shows has demonstrated. It also is ap- The panel would be a mechanism of Mr. CONRAD addressed the Chair. parently not sufficiently effective in last resort, if you will, because I think The PRESIDING OFFICER. The Sen- changing the programming climate. Senator CONRAD and I both want to ator from North Dakota. Without adequate relief in sight, I be- work cooperatively with the television Mr. CONRAD. Mr. President, I would lieve we have an obligation to provide industry to see that a truly voluntary like to just put into the RECORD a num- parents with the help they need to re- system is put in place. That is the best ber of statements from prominent duce their children’s exposure to pro- way for this to happen. But if it does Americans involved in important na- grams that the parents find offensive not happen, then this second-degree tional organizations who have been a and harmful. And that is what Senator amendment will ensure that the rat- part of supporting this legislation. CONRAD’s amendment puts at issue, ings system that emerges will be born First, I would like to quote from Dr. confronts, and that is why I am pleased from a true public-private partnership, Robert McAfee, the national president to be supporting his efforts to make and will be the product of a broad- of the American Medical Association, the expanding communications tech- minded consensus. Based on my recent who said with respect to the larger leg- nology family friendly and to empower experience with the video game indus- islation from which this amendment is parents to control the programs that try, I am optimistic that we can reach drawn, and I quote. This is Dr. McAfee enter their own homes. Rather than a constructive solution that would speaking: avoid any Government intervention. placing any restraints on content and It is estimated that by the time children encroaching on any first amendment As some of my colleagues may re- leave elementary school, they have viewed freedoms, the Conrad amendment call—and Senator CONRAD made ref- 8,000 killings and more than 100,000 other vio- would simply give parents the ability erence to it—a little more than a year lent acts. Children learn behavior by exam- to block programming they do not and a half ago, Senator KOHL and I held ple. They have an instinctive desire to imi- want their children to see. a series of hearings to call attention to tate actions they observe, without always This technology is readily available, the increasingly graphic violent, some- possessing the intellect or maturity to deter- and its addition as a standard feature times sexually abusive, nature of video mine if the actions are appropriate. This in televisions sold today would come at games played by our kids. From the principle certainly applies to TV violence. Children’s exposure to violence in the mass a very small cost, by one estimate less outset we appealed to the producers’ media can have lifelong consequences. than 5 additional dollars per television sense of responsibility to give parents We must take strong action now to curb set. That is a small price to pay for information necessary to make the TV violence if we are to have any chance of gaining control over influences that a right choice for their children. As an halting the violent behavior our children lot of American families do not want to incentive, we gave them a choice be- learn through watching television. If we fail commit to their home. tween rating the games themselves or to do so, it is a virtual certainly the situa- For this technology to work, net- having an independent board do it. tion will continue to worsen * * *. work programming must come with To the credit of the video game mak- That from the head of the American some form of ratings. With his amend- ers, and the producers of recreational Medical Association.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8233 Samuel Sava, executive director of stitutional. It does it in a way that is something that gives a rating system the National Association of Elemen- the least intrusive as possible, and yet that the industry, on a voluntary basis, tary School Principals, said, and I it responds to the real wants of the is able to create along with all inter- quote: American public, to have parents be ested parties. We give them a year to The effect of television on children is of able to choose what comes into their get this job done on their own. great concern to school principals. The fam- homes, to have parents be able to de- Let me just read into the RECORD the ily room television is more a persuasive and cide what their children want. national organizations that support pervasive educator than all the teachers in Mr. President, I hope that my col- this amendment: the National Associa- America’s classrooms. There’s no question leagues would respond favorably to this tion for the Education of Young Chil- that the overdose of media violence Amer- amendment. I would be happy to an- dren, Future Wave, the American Med- ican children receive is linked to their in- creasingly violent behavior. But more trou- swer questions or engage in further de- ical Association, the American Medical bling for parents and educators is the fact bate. Association Alliance, the National As- that the violence children see, hear, and are Mr. PRESSLER. Mr. President, we sociation of Elementary School Prin- entertained by makes them insensitive to are studying this amendment. We have cipals, the American Psychiatric Asso- real violence. just seen the Conrad amendment in the ciation, the National PTA, Parent Ac- From Timothy Dyer, executive direc- second degree to the Lieberman tion, the National Foundation To Ap- tor of the National Association of Sec- amendment for the first time. In the prove Television, the National Associa- ondary School Principals, said, and I Commerce Committee, there have been tion of Secondary School Principals, quote: many bills introduced on this subject, the American Academy of Child and Our nation is experiencing an unrivaled pe- including one by the distinguished Adolescent Psychiatry, the National riod of juvenile violent crime perpetrated by former chairman, Senator HOLLINGS. Coalition on Television Violence, the youths from all races, social classes, and It was the intention and is the hope American Academy of Pediatrics, the lifestyles. Without question, the entertain- that we could hold full committee National Association for Family and ment industry plays a role in fostering this anti-social behavior by promoting instant hearings, in fairness to all those Sen- Community Education, the Alliance gratification, glorifying casual sex, and en- ators. There are so many Senators who Against Violence in Entertainment for couraging the use of profanity, nudity, vio- have introduced bills on this subject. Children, the American Nurses Asso- lence, killing, and racial and sexual And when we finish this telecommuni- ciation, the National Council for Chil- sterotyping. cations bill, we are in hopes of turning dren’s TV and Media, the National Alli- Mr. President, that is really at the to hearings for a number of reasons to ance for Nonviolent Programming, the heart of the amendment we are offering give those Senators who have intro- National Association of School Psy- today. This amendment says parents— duced a bill and been waiting a chance chologists, the Orthodox Union, the parents—ought to be able to choose to have their bills considered but also National Education Association, and what comes into their homes. Parents to allow industry and consumer groups the United Church of Christ. ought to be empowered to help decide to give an analysis of this. Now, in the broader coalition we also what their children view. Parents We have just seen this amendment in have the sheriffs, police chiefs, and ought to have a role in making these the second degree to the Lieberman many others. choices. amendment, and I know there is great These organizations have all studied We can help parents have that choice passion at the moment about this sub- this issue and studied it and studied it by putting choice chips in the new tele- ject throughout our land. I feel very and participated in hearing after hear- vision sets. The technology is avail- strongly about this subject matter, and ing after hearing. They say now is the able. It is very low cost. Let us give the we are struggling with trying to find a time to act. They are not alone. Ninety parents of America what they say they fair way to deal with this amendment, percent of the American people say, let want. which Senators have just seen, and us have these choice chips in our tele- Again, I go back to this USA Today dealing with Senator Hollings’ bill vision sets; 83 percent of them say that poll that was just published: Should which was introduced earlier. He had they favor a rating system. We have these kinds of choice chips be installed already asked for hearings, and also tried to do this in the least intrusive in TV sets so parents could block vio- several other Senators. Also, in fair- way possible. We have done it by say- lent programming? Yes, 90 percent. ness to industry groups and parents ing, with respect to choice chips, we Ninety percent of the American people and children, it would seem that testi- will not say by when it should be done. say we ought to do this. mony at full committee hearings would We leave it up to the industry in con- We have done it in the least intrusive be a good first step. junction with the FCC to determine way imaginable. We have done it by Mr. President, I would like to yield the time at which it is practical to saying, look, industry, get together to anyone else who has comments at have this requirement go into effect. with FCC. We are not going to tell you this time. We leave it up to the experts: When is when to do it. We leave it up to your Mr. CONRAD addressed the Chair. the time to have it go into effect? judgment. You work together, FCC and The PRESIDING OFFICER (Mr. With respect to the question of a rat- the industry. You get together on when GREGG). The Senator from North Da- ing system, we give the industry a year you are technologically ready to have kota. to work in conjunction with all inter- these available in the television sets. Mr. CONRAD. I thank the Chair. ested parties on a voluntary basis to And on a rating system, in the same We have had hearings for years determine a rating system. They have way we have said, industry, you have a around here on this subject. Everybody done it in Canada. As I indicated ear- year to work with all interested parties wants to have more hearings. Frankly, lier, the software industry, we gave to come up with a rating system that the American people want us to act. them the same chance and they re- makes sense for the American people. They want us to work together to sponded. They did a good job. So we are And only if you fail to act does any- achieve something. We have had all the saying we believe this industry can do thing else happen. We give you a year hearings we need on this question. the same thing. to go forward in good faith and get this I introduced a bill that contained I wish to applaud the television man- job done. these provisions on February 2 of this ufacturers. They have gone a long way We think they will do it. Look at the year. So it is not the first time any- toward developing this technology. But answer to the question: Do you favor a body has seen this. This has been in clearly, if it is going to be widely dis- rating system similar to that used for this body since February 2. seminated in this country, it is going movies? Eighty three percent in the I just say that these are the national to require us to do a little something, USA Today poll say, yes, we want a organizations that say vote for this just do a little something. The Amer- rating system—83 percent. And 90 per- now, no more delay, no more talk. Let ican people want us to act. cent said they wanted the new choice us do something. Let us do something I thank the Chair. chip in their new television sets. that makes sense. Let us do something Mr. HOLLINGS addressed the Chair. That is what this amendment offers. that is constitutional. Let us do some- The PRESIDING OFFICER. The Sen- It does it in a way that is fully con- thing that empowers parents. Let us do ator from South Carolina.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8234 CONGRESSIONAL RECORD — SENATE June 13, 1995 Mr. HOLLINGS. Mr. President, I feel They are calling this the choice chip. has said we ought to do something like Frank Clement at the 1956 conven- He ran into these similar problems. about it, and he has been willing to do tion. How long, 0, America, how long But it is not my argument. that. will we continue to debate and not act? So we have had problems. Like I said, The American people want something I share the same frustration that the how long, America, are we going to done, and the least intrusive way to do distinguished Senators from Con- consider and do nothing because there it is to have choice chips on the tele- necticut and North Dakota share on is a problem for every solution? visions. American people overwhelm- this particular score. I would prefer—it would be up to the ingly want it. It costs less than $5 a Over 2 years ago, getting right to one sponsors of the bill; I am confident our television set, and industry representa- of the main points about the least in- distinguished chairman would prefer— tives just told us this morning that trusive manner—and the Senator from to take these perfecting amendments, when it is in mass production, they be- North Dakota is right on target there with a matter of a fee there, and other- lieve some of these chips will cost as relative to constitutionality because wise, to have a hearing on this and little as 18 cents—18 cents—a television he has read the cases, and we have all guarantee we will bring out a bill of set, to provide parents the right to studied them, and that is what you some kind that we think is constitu- choose what their kids see. have to do in order to qualify constitu- tional. In addition, we create a rating sys- tionally in this particular measure— I do not want them to think it is a tem so that parents have some idea of the least intrusive measure is with re- putoff. I do know there is an inherent what the programming will contain be- spect to children. danger here that I immediately feel, fore they see it. Eighty-three percent Yes, the courts have held you could having been in this particular dis- of the American people say they want not regulate violence with respect to cipline now for a long time. I started such a rating system. Again, we have the distinguished Presiding Officer and off last week in the opening statement done it in the least intrusive way pos- this particular Senator as adults. It is I made that evening—I think it was sible. We do not let the Government de- unconstitutional to try to even at- last Wednesday evening—that any par- cide it. We say, ‘‘Industry, you meet tempt it. So we found that you could ticular entity or discipline in commu- with all industry parties, meet with do it with children. So having found nications has the power to block the the parents and teachers, meet with that it could be done with children, bill. the school principals, meet with all the then the least intrusive measure is not I can see the broadcasters, when they people who are concerned about this as suggested in this particular amend- see fees, running around trying to issue, meet with the church leaders ment, plus its perfection by the Sen- block this bill. That, again, is not nec- and, on a voluntary basis, come up ator from Connecticut; the least intru- essarily a valid argument against the with a rating system and you have a sive is limited to that period of time amendments of the Senators from year to do that without any Govern- during the day when children are a sub- North Dakota and Connecticut. But ment interference or action.’’ stantial or majority portion of the there are these inherent dangers that Again, I say to the chairman, who viewing audience. That does not get immediately arise. I can think of sev- has the difficult challenge of managing them all. I feel, as the Senator spon- eral others. this bill, we would like a vote. I, at this soring this measure, that I would like I have the opportunity to distinguish point, ask for the yeas and nays on the to get it all. I would like to get it all what we have pending before the com- amendment. the time, but constitutionally I can- mittee. I implore the authors to go The PRESIDING OFFICER. Is there a not. I think there is too much violence along with it, but if they want to vote, sufficient second? for all of us. I am convinced the majority leader is Mr. PRESSLER. I would like to re- But constitutionally, not being able ready to vote for them. Is it the desire serve the right to table. to, that would be one particular defect, of these Senators, irregardless, as my The PRESIDING OFFICER. There is as I see it, in the approach that has Congressman Rivers used to say down not a sufficient second. been brought out in hearings here- home, irregardless, you are going to Is there a sufficient second? The tofore, and hearings heretofore inciden- want to vote one way or the other, pe- Chair did not hear the Senator from tally back in 1993 that we had the riod, because I do not know whether it South Dakota. The Chair is asking if present Attorney General study S. 470, is our duty to argue further, I say to there is a sufficient second. which is now before our committee, a the chairman. There is a sufficient second. bill by Senator INOUYE, myself, and I yield the floor. The yeas and nays were ordered. others. And Attorney General Reno at- Mr. CONRAD. Mr. President, I say to Mr. PRESSLER. Let me make a re- tested to the fact that she thought it the distinguished managers of the bill, quest here. I see the Senator from would definitely pass constitutional Senator HOLLINGS and Senator PRESS- Vermont here. If we can lay this muster. LER, that we do intend to get a vote on aside—the problem we have is the me- There is another feature with respect this matter. We have many national morial service for Les Aspin. Some to this—and I am not just nit-picking organizations that have waited years Members want to speak, particularly because, if they call the amendment to have Congress speak on this ques- the Senator from Illinois has requested and we vote it, I would still vote for tion. We have gone through draft after a chance to speak on this amendment the amendment, I say to the Senator. draft after draft to address the legiti- before we made any decision about it. Do not worry about that. mate concerns of people to make this So we already made one decision about But what happens is you have a fee in as reasonable and unintrusive as pos- it. I am wondering if the Senator from here, also. When we had a fee 2 years sible. Vermont could offer his amendment, if ago, Senator Bentsen—no, this was 4 I just say to the Senator from South he will allow us to do that. We have years ago, because 2 years ago he was Carolina, there is no fee in the under- been working under the tortuous proc- the Secretary of Treasury—but 4 years lying Conrad amendment. None. There ess of having all these conflicts. ago when we had a similar hearing, he is no fee here. The second-degree Mr. LEAHY. I had discussed with the said, ‘‘Wait a minute, the fee belongs in amendment has a fee. But the Conrad distinguished Senator from South the Finance Committee,’’ and someone amendment has no fee; none, zero. Carolina the possibility of going with later on would raise that point. I would As I say, we have done this in the one of my major amendments. I under- still vote for it. least intrusive way possible. We are stand we have some votes at 4 o’clock, There are these kinds of misgivings. I trying to respond to what is the legiti- or something to that effect. Mr. Presi- remember the distinguished chairman mate concern voiced by the Senator dent, I advise my colleagues and of the Communications Subcommittee from South Carolina. I might say, the friends that I would be perfectly will- on the House side—the distinguished Senator from South Carolina [Senator ing to go forward with the so-called Presiding Officer would know and be HOLLINGS] has been a great leader on interLATA amendment, if that would familiar with the honorable Congress- this issue. He has been someone who is be helpful, right after the vote. I have man ED MARKEY, of Massachusetts. He concerned and has repeatedly raised to speak with some of the other co- had what he called then the V-chip. the issue of violence in the media. He sponsors, but I would be happy to enter

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8235 into a relatively short time agreement AMENDMENT NO. 1348 Utility Holding Company Act of 1935, wheth- and an agreed-upon time to vote on it. (Purpose: To protect consumers of electric er made by rule, regulation, or order of the As my colleagues know, I rarely utility holding companies engaged in the Securities and Exchange Commission prior provision of telecommunications services, to or following enactment of the Tele- bring up anything that is going to take communications Competition and Deregula- very long. I do not want to hold up peo- and for other purposes) Mr. BUMPERS. Mr. President, I send tion Act of 1995, shall prevent a State Com- ple, and I have another amendment. So mission from using a different allocation I would be very happy, once I bring it an amendment to the desk. with respect to the assignment of costs to up, to enter into a relatively short The PRESIDING OFFICER. The any associate company. time agreement with a time certain for clerk will report. ‘‘(f) Subsection (b) shall not apply— a vote. The bill clerk read as follows: ‘‘(1) to any cost incurred and recovered prior to July 15, 1994, whether or not subject Mr. PRESSLER. I am trying to help The Senator from Arkansas [Mr. BUMP- ERS], for himself and Mr. DASCHLE, proposes to refund or adjustment; Senator SIMON. an amendment numbered 1348. ‘‘(2) to any uncontested settlement ap- Mr. LEAHY. I will do it right after proved by the Commission or State Commis- Mr. BUMPERS. Mr. President, I ask the 4 o’clock vote. sion prior to the enactment of the Tele- unanimous consent that the reading of Mr. PRESSLER. I do not think Sen- communications Competition and Deregula- the amendment be dispensed with. tion Act of 1995’’; or ator SIMON is going to be able to speak The PRESIDING OFFICER. Without ‘‘(3) to any cost incurred and recovered until 4:15, when the bus gets back from objection, it is so ordered. prior to September 1, 1994 pursuant to a con- the Les Aspin service. If my friends The amendment is as follows: tract or other arrangement for the sale of agree, I ask unanimous-consent that fuel from Windsor Coal Company or Central On page 76, after line 10, insert the fol- Ohio Coal Company which has been the sub- this amendment be laid aside until lowing new subsection: ‘‘AUTHORITY TO DIS- ject of a determination by the Securities and Senator SIMON can speak and we go to ALLOW RECOVERY OF CERTAIN COSTS.—Section Exchange Commission prior to September 1, the Bumpers amendment. 318 of the Federal Power Act (16 U.S.C. 825q) 1994, or any cost prudently incurred after is amended— Mr. CONRAD. Reserving the right to that date pursuant to such a contract or (A) by inserting ‘‘(a)’’ after ‘‘Sec. 318.’’; and object, Mr. President. other such arrangement before January 1, (B) by adding at the end of thereof the fol- The PRESIDING OFFICER. The Sen- 2001.’’. lowing: ator from North Dakota. ‘‘(b)(1) The Commission shall have the au- Mr. BUMPERS. Mr. President, this Mr. CONRAD. I say to the chairman thority to disallow recovery in jurisdictional amendment is being offered by Sen- and the ranking member, I will not ob- rates of any costs incurred by a public util- ators DASCHLE and KERREY and myself. ject, but I just want to say that I ask ity pursuant to a transaction that has been I hope that we might get the managers for the opportunity to answer Senator authorized under section 13(b) of the Public of this bill to accept this amendment. Utility Holding Company Act of 1935, includ- SIMON if he makes a statement in oppo- It is precisely the language that was in sition to the amendment. ing costs allocated to such public utility in accordance with paragraph (d), if the Com- last year’s telecommunications bill. I Mr. PRESSLER. I am just trying to mission determines that the recovery of such do not know what happened on the way accommodate that side of the aisle. I costs is unjust, unreasonable, or unduly pref- to the forum this year. do not know if he is for the amendment erential or discriminatory under sections 205 Somehow or another it did not make or against the amendment. or 206 of this Act. it. Since it is the same language that Mr. CONRAD. I do not either. I do ‘‘(2) Nothing in the Public Utility Holding was in last year’s bill, perhaps by the not need a unanimous-consent agree- Company Act of 1935, or any actions taken time we get around to finishing the de- thereunder, shall prevent a State Commis- ment or anything of the kind. I just bate the floor managers might see fit sion from exercising its jurisdiction to the to accept it. ask the chairman for his acknowledg- extent otherwise authorized under applicable ment that we will have a chance to de- law with respect to the recovery by a public Now, Mr. President, here is what this bate it. utility in its retail rates of costs incurred by amendment is about: any company Mr. PRESSLER. Yes, yes; absolutely. such public utility pursuant to a transaction that owns 10 percent of a utility com- You shall always have a chance to authorized by the Securities and Exchange pany is considered a utility holding speak on anything you want as far as I Commission under section 13(b) between an company. In 1935, because some public associate company and such public utility, am concerned. utility holding companies were very including costs allocated to such public util- big and very powerful, we passed the Mr. CONRAD. We will be happy to ity in accordance with paragraph (d). Public Utility Holding Company Act lay it aside. ‘‘(c) In any proceeding of the Commission to consider the recovery of costs described in [PUHCA]. Mr. LIEBERMAN addressed the Holding companies that operate es- Chair. subsection (b)(1), there shall be a rebuttable presumption that such costs are just, reason- sentially on a multistate basis, 11 elec- The PRESIDING OFFICER. The Sen- able, and not unduly discriminatory or pref- tric utility holding companies and ator is reserving the right to object. erential within the meaning of this Act. three natural gas utility holding com- Mr. LIEBERMAN. Reserving the ‘‘(d)(1) In any proceeding of the Commis- panies—are what we call registered right to object, and I will not object, I sion to consider the recovery of costs, the public utility holding companies. They just want to take this moment to re- Commission shall give substantial deference must act and conduct themselves in ac- to an allocation of charges for services, con- spond to the remarks of the Senator cordance with PUHCA. from South Dakota, to thank him for struction work, or goods among associate companies under section 13 of the Public In my State, Arkansas Power & his support of the concept, to acknowl- Utility Holding Company Act of 1935, wheth- Light is owned by Entergy, a registered edge that he has been on the frontier of er made by rule, regulation, or order of the utility holding company. Entergy also this one and has been a pioneer for Securities and Exchange Commission prior owns utility subsidiaries in Louisiana, quite a while, and also to say, in the to or following the enactment of the Tele- Mississippi, and Texas. interim, while this amendment is being communications Competition and Deregula- The other public utility companies laid aside, I am going to pursue the tion Act of 1995. have a similar number of utility sub- suggestion that he made to modify the ‘‘(2) If the Commission pursuant to para- sidiaries. These 14 registered public amendment to remove the fee provi- graph (1) establishes an allocation of charges that differs from an allocation established utility holding companies serve ap- sion from my second-degree amend- by the Securities and Exchange Commission proximately 50 million households in ment. It was put in there to make this with respect to the same charges, the alloca- the United States. ratings board self-financing. If the dis- tion established by the Federal Energy Regu- The chart I have here contains a map tinguished ranking member thinks latory Commission shall be effective 12 of the affected States. All the States in that may complicate the future of the months from the date of the order of the dark blue, are served by registered util- proposal, I will be happy to modify it. Federal Energy Regulatory Commission es- ity holding companies. The States in So I will not object. tablishing such allocation, and binding on light blue, including North Dakota, the Securities and Exchange Commission as The PRESIDING OFFICER. Without of that date. South Dakota, Minnesota, and Wis- objection, the unanimous consent re- ‘‘(e) An allocation of charges for services, consin, will be served by registered quest of the Senator from South Da- construction work, or goods among associate holding companies following the com- kota is agreed to. companies under section 13 of the Public pletion of proposed mergers.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8236 CONGRESSIONAL RECORD — SENATE June 13, 1995 Under the telecommunications bill, erated with coal from Southern Ohio We are offering this amendment to PUHCA will be amended to permit Coal Co. and Ohio Power is giving them prohibit cross-subsidization between these public utility holding companies as much as 100 percent profit.’’ That is affiliates of a public utility holding to get into telecommunications activi- right. Ohio Power is paying the coal company. We are saying, ‘‘We are not ties. Unlike the baby Bells, they can company 100 percent more than they going to allow these people to charge enter into these businesses imme- can buy from anybody else in southern 100 percent more than their cost and diately after the President puts his sig- Ohio. charge it to this poor guy sitting in his nature on this bill. No questions asked. They go to FERC and say, ‘‘how living room watching television.’’ Here is what I am trying to address about giving us a break on our rates? This amendment is directly related with this amendment. In 1971, a utility Check this out and see if it is right.’’ to the telecommunications bill. These subsidiary of a registered public utility So FERC sends a bunch of investiga- public utility holding companies, serv- holding company, American Electric tors out to find out if this is a true ing more than 50 million households, Power, the Ohio Power Co., which is an story. What do we get? It is. It is true. want to get involved in the tele- electric utility company, entered into Ohio Power has been paying up to 100 communications business. I am for a contract with a sister affiliate, called percent more for coal than they could them. I want them in the cable tele- Southern Ohio Coal Co. have bought it from anybody. And they vision business. I want competition in In 1971, 24 years ago, Southern Ohio have been putting it in their rates, and the cable television business. Coal Company agreed to sell coal to the poor guy sitting in his living room wondering how he will pay for his elec- As I said in my opening statement, if Ohio Power under a contract. They the President signs this bill the public said, ‘‘We will sell you coal at our tricity bill that month suddenly real- izes he has been taken. utility holding companies can imme- cost.’’ Think about that. One sister diately go into the telecommuni- company is saying to another sister So FERC says, ‘‘This is not right. This is not fair by any standard. Stop cations business—telephone, cable tele- company ‘‘We will sell you coal at our vision, you name it. cost.’’ The only agency with authority it. We are going to give you people a new rate. We will not sit by and tol- So what I am saying is I do not want to scrutinize that contract as to one utility company that generates whether it is a good contract or a bad erate something like this.’’ What do you think Ohio Power did? electricity ripping off their sister af- contract for consumers is the Securi- Why, they did what any big fat-cat cor- filiates and charging it to poor old Joe ties and Exchange Commission [SEC], poration would do that has all the Lunchbucket. I do not want sister af- as is required by PUHCA. money in the world—they appealed the filiates inflating their costs from one The SEC looked at the contract in FERC decision. Who did they appeal it company to another and passing it on 1971 and said ‘‘this is just hunky-dory. to? The U.S. Court of Appeals for the to any ratepayers. Fine contract. Off you go.’’ The coal District of Columbia Circuit. Let me give an illustration. This company sold its coal to its sister com- The court of appeals decided that chart explains precisely what I am pany—both of them owned by the same FERC had no jurisdiction. They did not talking about. Here is the registered parent—Ohio Power, which generated have a right to delve into this issue. holding company—let us assume this is electricity and obviously passed the The court said the only agency with American Electric Power. Here is a cost of the coal as a part of its costs to authority to look at this issue is the subsidiary which sells both fuel and the ratepayers in Ohio. Securities and Exchange Commission. telecommunications services. This sub- If you are sitting around at night in They approved the original contract. your house worrying about your elec- sidiary, we will say, is Southern Ohio They said, it was just fine. And 21 years Coal Co. They are mining coal and sell- tric bill and that air-conditioner is have gone by and they never looked at going full-time because it has been a ing it to these utilities. But let us as- it again. sume they are also in the tele- hot day, you worry about the price of Incidentally, the poor little munici- the power, but you assume that some- communications business, all of a sud- palities were continuing to get ripped den. They start shifting their costs body, somewhere, is making sure what off. They filed a petition with the SEC you are paying for that air-condi- from telecommunications to their coal in 1989. Guess what the SEC has done in operations, so they can compete better tioning that day is a fair price. the last 6 years with their petition? Electric rate regulation in this coun- in the telecommunications market. You guessed it, Mr. President, nothing. They shift their costs over to the coal try is conducted at both the Federal Nothing. and State levels. The Federal Energy company, knowing that nobody is When they saw that SEC was not guarding the store, and that they can Regulatory Commission [FERC] is the going to do anything, that is the rea- only body that regulates the rates charge it to these utility companies son they took it to FERC and said, and put it right back on old Joe charged for power sold at the wholesale ‘‘FERC, why don’t you help us? You level. Everybody here knows what Lunchbucket again. Not only are they have the jurisdiction to do it.’’ going to charge them this exorbitant FERC is. FERC regulates wholesale FERC said, ‘‘We do, and we will.’’ sales of power. The court of appeals said, ‘‘No dice.’’ rate for coal and make him pay for it What is a wholesale sale of power? Now, Mr. President, my amendment through his electric bill, now they are That is the sale of power to a utility is simple, straightforward, and fair. going to go to the telecommunications which in turn will sell it to the people There are a lot of people in this body business and shift the cost from the who buy its power. Only FERC can set who are apprehensive about this bill. telecommunications to coal, so their those rates. Know why they are apprehensive? Be- telecommunications cost will be so Back to the guy sitting in his living cause they are afraid that it will wind much less nobody can compete with room with the air-conditioning going. up being anticompetitive, instead of them here in Washington, DC, or in He does not realize that Southern Ohio procompetitive. Little Rock, AR. Coal Company is selling coal to Ohio There is one thing in this bill that Here is another example. Here is the Power, who is generating electricity everyone should understand. The bill same registered utility holding com- for his air-conditioner. He did not real- addresses public utility holding compa- pany. They form a telecommunications ize that the coal company was charging nies. It talks about public utility hold- subsidiary. In addition, the holding Ohio Power as much as twice as much ing companies. It talks about FERC. company already has a service com- as that coal could be bought for on the And Senator D’AMATO, to his credit, pany which performs certain functions open market. That is right—100 percent put a little proconsumer language in for the utility subsidiaries. more than their cost. this bill. But his language will not en- Let us assume that the telecommuni- So, the municipalities that bought sure that poor old Joe Lunchbucket cations company is going to provide power from Ohio Power Company got sitting in his living room worrying telecommunications services to the to thinking, ‘‘We are getting ripped about his air-conditioning bill will be service company. They are going to off.’’ So they go to FERC and they say, protected. TOM DASCHLE, BOB KERREY charge them just like the coal com- ‘‘Listen, FERC, we are paying a utility and DALE BUMPERS, we care about what pany did, a 100 percent profit. And then rate for electricity that has been gen- his electric bill will be this month. what is going to happen? They are

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8237 going to pass it right down to the util- educational service unit. All of these Mr. KERREY. I will send a copy that ity companies through the service com- school districts here—Jackson, South I have here to the desk. pany contracts and the utilities are Sioux City, Dakota City, Homer, Hub- AMENDMENT NO. 1335 going to pass it down to old Joe bard, Winnebago, Walthill, Macy, Rosa- (Purpose: To provide that the incidental Lunchbucket again. lie—all have to cross that LATA in services which Bell operating companies Mr. President, this gets a little com- order to be able to connect to the edu- may provide shall include two-way inter- plicated for people who have not dealt cational service unit in Wakefield. It is active video services or Internet services with it for the past 3 years, as I have. about 17 miles total, somewhere in that to or for elementary and secondary As I say, I am still a little nonplused range, from one of these towns to this schools) about why my amendment was in the central hub. Mr. KERREY. Mr. President, I send bill last year and is not in the bill this This problem was identified to me the amendment to the desk and ask for year. I guess somebody just felt they originally by a principal, Chuck its immediate consideration. had a little more clout this year. They Squire, of Macy School, as he was try- The PRESIDING OFFICER. The might not have liked it last year. I am ing to get his school hooked up to the clerk will report. not rocking the boat, but a lot of peo- Internet. The requirement was again, The assistant legislative clerk read ple, as I say, are worried about how the as I said, to go through Wakefield. Be- as follows: consumer comes out in all of this. If cause it crosses that interLATA bound- The Senator from Nebraska [Mr. KERREY] my amendment is not adopted, I can ary, it is no longer a local call. You proposes an amendment numbered 1335. tell you exactly how the consumer is have to pay an access charge when you Mr. KERREY. Mr. President, I ask going to come out if he buys any serv- are going from here to any one of these unanimous consent that reading of the ices from a registered public utility schools over here. The cost for dedi- amendment be dispensed with. holding company. cated Internet service if the local Bell The PRESIDING OFFICER. Without Mr. President, I yield the floor. company could provide the service objection, it is so ordered. The PRESIDING OFFICER. Who would be approximately $180 a month, The amendment is as follows: seeks recognition? with an $800 installation charge. But On page 94, strike out line 16 and all that Mr. HOLLINGS. Mr. President, I sug- for a long distance company, it ends up follows page 94, line 23, and insert in lieu gest the absence of a quorum. being almost $1,100 a month with a thereof the following: The PRESIDING OFFICER. The $1,000 installation charge, because the ‘‘(B) providing— clerk will call the roll. traffic needs to be routed across the ‘‘(i) a telecommunications service, using the transmission facilities of a cable system The assistant legislative clerk pro- State boundary. ceeded to call the roll. that is an affiliate of such company, between What happens is the schools end up LATAs within a cable system franchise area Mr. KERREY. Mr. President, I ask with about $10,000 to $12,000 more per in which such company is not, on the date of unanimous consent that the order for year in the monthly charge. These are enactment of the Telecommunications Act the quorum call be rescinded. very small school districts, most of of 1995, a provider of wireline telephone ex- The PRESIDING OFFICER. Without them, and $12,000 ends up being a lot of change service, or objection, it is so ordered. money. They get nothing more for it. ‘‘(ii) two-way interactive video services or Mr. KERREY. Mr. President, I have And this amendment, as I said, that I Internet services over dedicated facilities to an amendment that is already at the have discussed both with the chairman or for elementary and secondary schools as defined in section 264(d),’’. desk that I have discussed with the of the committee and with the ranking managers of this bill. It is similar to an member, would grant incidental LATA Mr. PRESSLER. Mr. President, we earlier amendment that was offered by relief to the Bell Operating Companies just saw this amendment about 30 min- the Senator from Pennsylvania and to provide dedicated two-way video or utes ago for the first time. We have adopted, I believe 90-something to Internet service for this dedicated pur- been juggling six amendments. We something, dealing with incidental pose, in this case the K through 12 en- would ask that the Senator withhold interLATA relief. vironment. asking for a vote on it until we have a Mr. President, I ask unanimous con- The hope is, of course, that the legis- chance to study this amendment. I sent that the Bumpers amendment be lation itself will eventually obliterate commend the Senator from Nebraska. laid aside temporarily so that we may the need to ask for this kind of inci- It looks like something that I am tak- consider this amendment. dental relief. The hope is that these ing a favorable look at. But we have The PRESIDING OFFICER. Without kinds of restrictions that make it dif- not run it through all the hoops over objection, it is so ordered. ficult for prices to come down—you can here. Mr. KERREY. Mr. President, on this see in a competitive environment, if Mr. KERREY. I do not quite follow. I chart I am going to show the problem. you had competition at play here, thought earlier we had discussed it. We also have an illustration of why these prices would go down. This price Mr. PRESSLER. We discussed it last this amendment is needed or why we was not high as a consequence of some night, and had not agreed to accept it. need to change the current method of cost. It is a consequence entirely of the But we just saw it for the first time 30 regulation. current regulatory structure. minutes ago. At that time, the Senator We have in the United States of So again, I am finished describing said he was going to supply us with a America, since the divestiture in what the amendment does. I hope that different copy. Do we have the final AT&T, created these local access trans- the amendment can be simply agreed copy of the amendment? port areas (LATA’s) throughout the to at this time. Mr. KERREY. We just sent a copy to country defining what local telephone Mr. HOLLINGS. Mr. President, if the the desk. service is. In northeast Nebraska, we distinguished Senator from Nebraska is Mr. PRESSLER. Do we have a final have two—644 and 630. The red line waiting for a response from this side, copy of the amendment? down the center separates one from the there is an amendment on interLATA Mr. KERREY. The Senator should other. rates which I discussed with the distin- have the final copy now. We have established a method to get guished Senator at the time. We want- Mr. PRESSLER. Will the Senator our K through 12 schools hooked up to ed to make absolutely clear that we did agree to set it aside and give us a the Internet that requires us to go not open up a big loophole. The distin- chance to look at it? It will take us 15 through a central hub. There are a guished Senator now has it limited. It minutes. We want to take a look at it. number of them called educational is dedicated, and I think in good order. Mr. KERREY. Sure. I would be service units. We are prepared to accept the amend- pleased to. Unfortunately for schools up in the ment on this side. The PRESIDING OFFICER. Without northeastern part of the State, they The PRESIDING OFFICER. Will the objection, the amendment is set aside. have to cross one of these artificial Senator from South Carolina wait for a Mr. PRESSLER. I suggest the ab- boundaries, these LATA boundaries, in second? sence of a quorum. order to get to this little red dot here We do not have the amendment of The PRESIDING OFFICER. The which represents the Wakefield, NE, the Senator from Nebraska at the desk. clerk will call the roll.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8238 CONGRESSIONAL RECORD — SENATE June 13, 1995 The assistant legislative clerk pro- Who yields time? be manageable. But that is not how it ceeded to call the roll. Mr. MURKOWSKI addressed the will work if the pending amendment is Mr. SIMON. Mr. President, I ask Chair. adopted. unanimous-consent that the order for Mr. PRESSLER. There must be no First, the SEC will regulate pursuant the quorum call be rescinded. time. to the Public Utility Holding Company The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Act, and the FERC will regulate pursu- objection, it is so ordered. manager has control of the time. ant to the Federal Power Act. These Mr. PRESSLER. Will my colleague Mr. PRESSLER. I suggest that the two laws have different statutory yield? I have a unanimous-consent re- hour of 4 p.m. has arrived and there standards, and the result will be con- quest. May I make this unanimous-con- would be no time to divide. flicting regulatory decisions. sent request? The PRESIDING OFFICER. The Sen- Second, because of differences in the Mr. SIMON. I have no objection to ator is correct. two statutes, the decisions made by the that at all. The Chair notes that the Senator SEC and the FERC cannot take place Mr. PRESSLER. By the way, we are from Alaska is seeking recognition. at the same time. The Public Utility looking forward very much to hearing Does the manager wish to yield him his Holding Company Act requires the Senator’s views on this. We have time? preapproval by the SEC, whereas the been holding the option open. Mr. MURKOWSKI. If I may. I simply Federal Power Act provides for post- I ask unanimous consent that at 4 want to speak very briefly, about 3 transaction review by the FERC. In the p.m. today, the Senate proceed to vote minutes, in opposition to the Ohio Ohio Power case, for example, the on the McCain amendment 1276, to be Power amendment. FERC acted 11 years after the SEC followed immediately by a vote on the Mr. PRESSLER. Then I ask unani- made its regulatory decision. motion to table the Feinstein amend- mous consent that at the end of 3 min- In short, the two regulatory systems ment number 1270, and that the time utes the Senate will vote on the two between now and 4 p.m, which is 1 are incompatible. Neither is inherently votes that have been requested. better than the other, they are simply minute, be equally divided in the usual The PRESIDING OFFICER. Is there different. The Ohio Power court recog- form for debate on either amendment. objection? Without objection, it is so nized that fact; the pending amend- So there would be no further debate. I ordered. The Senator from Alaska is ment ignores it. think we have debated both amend- recognized. Mr. President, I am also concerned ments. Mr. MURKOWSKI. I thank my friend, that the pending amendment does not Mr. HOLLINGS. Reserving the right the floor manager. to object, Mr. President, do I under- Mr. President, I rise in opposition to respect the sanctity of contracts. It is stand the Senator moved to table the the pending amendment to overturn intended to allow the FERC to retro- McCain amendment? the Ohio Power court case. I am op- actively overturn longstanding, SEC- Mr. PRESSLER. No; we are pro- posed to it simply because it is bad pol- approved contracts. Some of these con- ceeding to vote on the McCain amend- icy, and I will explain briefly why. tracts have been in place for more than ment. In the Ohio Power case, the U.S. a decade, and the parties have invested Mr. HOLLINGS. I move to table the court of appeals held that the Congress many hundreds of millions of dollars. McCain amendment, and I ask for the gave a single Federal agency—the Se- Those investments will be placed in yeas and nays. curities and Exchange Commission—ju- jeopardy if the pending amendment is Mr. DOMENICI. Reserving the right risdiction over the interaffiliate trans- adopted. to object, the Chair has not ruled on actions of registered electric utility Mr. President, the proponent of the that request, have you? holding companies. Those utilities sell amendment also claims that it is need- The PRESIDING OFFICER. No, I power to an estimated 50 million ed to restore State public utility com- have not. households in 30 States. mission jurisdiction to where it was Mr. HOLLINGS. I object. The court said that a second Federal prior to Ohio Power. However, in some Mr. DOMENICI. Will the Senator agency, the Federal Energy Regulatory respects, the amendment actually has yield me 1 minute? Commission, cannot also regulate the the opposite effect. It specifically pro- Mr. PRESSLER. Sure. hibits State public utility commissions Mr. HOLLINGS. Sure. same matter. No dual regulation, the court said. from using a cost allocation method (The remarks of Mr. DOMENICI per- different from one the SEC uses. In taining to the introduction of S. 917 are So, Mr. President, good public policy is that if something must be regulated, short, the pending amendment will re- located in today’s RECORD under quire State public utility commissions ‘‘Statements on Introduced Bills and then one and only one agency should do it, not two, which is the provision in to do what the SEC tells them to do. Joint Resolutions.’’) Perhaps the most troubling aspect of Several Senators addressed the the amendment before us. Utilities should not be whipsawed between the the amendment is its resurrection of Chair. the very cost trapping the Ohio Power The PRESIDING OFFICER. The conflicting decisions of two different regulatory agencies. Unfortunately, court found unacceptable. This will unanimous-consent request is pending. happen when a utility incurs costs pur- Is there objection? Without objec- that is precisely what this amendment suant to an SEC-approved contract but tion, it is so ordered. does. Mr. SIMON. Mr. President, reserving Mr. President, the proponent of the the FERC subsequently denies the the right to object, the request is that amendment argues that the FERC is a passthrough of those approved costs. we vote at 4 o’clock; is that correct? better regulator than the SEC; that we In summary, Mr. President, the Mr. PRESSLER. Yes; I am trying to ought to overturn Ohio Power so that amendment would create a complex, get two votes out of the way so we can the FERC can regulate these trans- overlapping, and confusing regulatory get moving along, so to speak. We still actions. But rather than take jurisdic- maze. It would allow electric agencies have some Senators coming back from tion away from the SEC and give it to to be squeezed between the conflicting the Les Aspin function. Then we will the FERC, the pending amendment al- agency decisions. That is bad public have a full force, and we will then do lows both agencies to regulate the policy. some business. same matter. Mr. President, the amendment should Mr. SIMON. Will the manager agree I question the claim that FERC has be rejected, and I urge my colleagues that after that, I be recognized? I have been a better regulator than the SEC. I to vote against it. no objection. am less concerned about which agency I thank the floor managers for the The PRESIDING OFFICER. If there regulates than having only one agency opportunity to speak in opposition to is no objection, the unanimous-consent regulate. If both agencies use the same the Bumpers amendment. request is agreed to. statutory standard for making their I yield the floor. There is 1 minute of time divided decisions and if both made their deci- The PRESIDING OFFICER (Mr. equally between the manager of the sions at the same time, then the prob- THOMPSON). The Senator’s time has ex- bill and the ranking member. lems created by dual regulation might pired.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8239 VOTE ON AMENDMENT NO. 1276 The PRESIDING OFFICER. Without to such transactions related to tele- The PRESIDING OFFICER. The objection, it is so ordered. communications activities, this matter question is on agreeing to amendment Who yields time? has already been addressed with lan- No. 1276. The yeas and nays have been Mr. LOTT. Mr. President, I suggest guage that prevents cross-subsidization ordered. The clerk will call the roll. the absence of a quorum. between the companies. To the extent The assistant legislative clerk called The PRESIDING OFFICER. The there remain unresolved issues regard- the roll. clerk will call the roll. ing the broader application of the Ohio The result was announced—yeas 18, The legislative clerk proceeded to Power case, they should be dealt with nays 82, as follows: call the roll. by the Congress as part of its overall [Rollcall Vote No. 251 Leg.] Mr. LOTT. Mr. President, I ask unan- review of the Public Utility Holding YEAS—18 imous consent that the order for the Company Act, PUHCA. quorum call be rescinded. Abraham Gorton McCain Senator D’AMATO has indicated he Ashcroft Gramm Nickles The PRESIDING OFFICER. Without will hold hearings on it and consider Brown Helms Packwood objection, it is so ordered. The Senator comprehensive PUHCA legislation Coats Hutchison Santorum is recognized for 5 minutes. later this session. I feel very strongly DeWine Kyl Specter Mr. LOTT. Mr. President, under the Dole Mack Thompson that is needed. unanimous consent agreement I believe For these reasons the Bumpers NAYS—82 we have 10 minutes, now. amendment is not necessary at this Akaka Feinstein Lugar Mr. DOMENICI. Could we have order, time and I urge my colleagues to vote Baucus Ford McConnell Mr. President? Bennett Frist against it. Mikulski The PRESIDING OFFICER. There Biden Glenn Moseley-Braun The purpose of the telecommuni- Bingaman Graham Moynihan will be order in the Chamber. cations bill is to allow competition in Bond Grams Murkowski AMENDMENT NO. 1348 the broadest sense possible in the pro- Boxer Grassley Murray Mr. LOTT. I believe that we do have vision of telecommunications services. Bradley Gregg Nunn Breaux Harkin Pell 10 minutes now of debate on the Bump- Most utility companies are already Bryan Hatch Pressler ers amendment, and then we would go able to participate in the market. How- Bumpers Hatfield Burns Heflin Pryor to a vote at that point. So I would like ever, current law prevents the 14 reg- Byrd Hollings Reid to be heard briefly in opposition to the istered utility holding companies from Campbell Inhofe Robb Bumpers amendment. fully participating in telecommuni- Rockefeller Chafee Inouye First, before I do that, I thank the cations markets. With appropriate con- Cochran Jeffords Roth Cohen Johnston Sarbanes Senator from Arkansas. Although I sumer protections, this amendment al- Conrad Kassebaum Shelby cannot support his amendment, I ap- lows registered utility holding compa- Coverdell Kempthorne Simon preciate his willingness to work with nies to enter this important market on Craig Kennedy Simpson me and Senator D’AMATO in developing the same footing as other utilities and D’Amato Kerrey Smith Daschle Kerry Snowe appropriate safeguards as registered new market entrants. The amendment Dodd Kohl Stevens utilities enter this telecommunications would allow a registered holding com- Domenici Lautenberg Thomas area. I also thank him for working last pany to create a separate subsidiary Dorgan Leahy Thurmond year to resolve these issues in the En- company that would provide tele- Exon Levin Warner Faircloth ergy Committee. Of course it involves Lieberman Wellstone communications and information serv- Feingold Lott the Banking Committee as well as the ices. So the amendment (No. 1276) was re- Energy Committee. He was very coop- The amendment contains numerous jected. erative in that effort. consumer protection provisions—the Mr. PRESSLER. I ask unanimous The amendment he raises today bill itself—which would be substan- consent that the next vote be set aside should be considered, but not on this tially altered by what the distin- temporarily. legislation. The Energy Committee has guished Senator from Arkansas is try- The PRESIDING OFFICER. Without rightfully asked that such amendment ing to do here. objection, it is so ordered. first go through the Energy Committee So the public utility company sub- Mr. PRESSLER. Mr. President, I sug- where it was considered last year in sidiary of a registered holding company gest the absence of a quorum. preparation for the telecommuni- may not issue securities and assume The PRESIDING OFFICER. Without cations bill being voted on by the Com- obligations or pledge or mortgage util- objection, it is so ordered. merce Committee. So I must honor ity assets on behalf of a telecommuni- The clerk will call the roll. Senator MURKOWSKI’s request as chair- cations affiliate without approval by The legislative clerk proceeded to man of the committee on that matter State regulators. Also, protections in call the roll. and oppose the amendment on that the bill say a telecommunications sub- Mr. PRESSLER. Mr. President, I ask basis, if no other. Having said that, I sidiary of a registered holding company unanimous consent that the order for want to point to the substantial safe- must maintain separate books, records the quorum call be rescinded. guards that were included in the man- and accounts and must provide access The PRESIDING OFFICER. Without agers’ amendment to address the con- to its books to the States. State regu- objection, it is so ordered. cerns of Senators D’AMATO and BUMP- lators may order an independent audit Mr. PRESSLER. Mr. President, I ask ERS. and the public utility is required to unanimous consent the Bumpers I would also like to take just a mo- pay for that audit. If ordered by State amendment be voted on in 10 minutes ment to point out the critical impor- regulators, a public utility may file a and the Senator from Mississippi have tance of this provision to the legisla- quarterly report, if that is ordered by 10 minutes to speak on it—5 minutes tion and in particular to our region of the State regulators. Also, the public each. At that point we will move to the country, because it is going to pro- utility company must notify State reg- table the Bumpers amendment. vide an opportunity for tremendous ulators within 10 days after the acqui- The PRESIDING OFFICER. Is there services through the utility companies sition by its parent company of an in- objection? in our area and really will go a long terest in telecommunications. Mr. LOTT. Mr. President, reserving way to providing the smart homes we So there are very strong protections the right to object, and I do not intend have been talking about in addition to here. I think what we are talking about to object, I would like to ask the dis- the new smart information highways. is making sure these registered utility tinguished chairman of the committee What this all involves is the now fa- holding companies can provide these if he would add that, after the vote on mous Ohio Power case, and it deals services. It greatly enhances the oppor- the Bumpers amendment, Senator with a Supreme Court ruling that re- tunity for information and for competi- SIMON then be recognized for an amend- stricts a State’s right to disallow cer- tion, and I do not believe we need this ment that he has been seeking recogni- tain costs between companies in a reg- amendment for there to be adequate tion on. istered holding company system for the protections for the consumer. They are Mr. PRESSLER. That is fine. purposes of ratemaking. With respect in the bill.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8240 CONGRESSIONAL RECORD — SENATE June 13, 1995 The PRESIDING OFFICER. The time the coal can be bought from anyplace Domenici Kassebaum Santorum of the Senator has expired. else. Faircloth Kempthorne Shelby Frist Kyl Simpson Mr. LOTT. We took great precautions I am just simply saying cross-sub- Gorton Lott Smith to make sure those protections were sidization of these affiliate companies Gramm Lugar Snowe included in the bill. So for these rea- held by public utility holding compa- Grams Mack Specter Grassley McCain sons outlined, I urge defeat of the nies is wrong. There is not a person Stevens Gregg McConnell Thomas Bumpers amendment and I yield the Hatch Murkowski within earshot of my voice today who Thompson Heflin Nickles floor. believes it is right. Why would you not Thurmond Helms Packwood The PRESIDING OFFICER. The Sen- Warner vote to stop that? Why would you not Hutchison Pressler ator from Arkansas is recognized for 5 give poor old Joe Lunchbucket a little Inhofe Roth minutes. bit of a break out of this? If you do not, NAYS—48 Mr. BUMPERS. Mr. President, for these same holding companies are the benefit of my colleagues who were Akaka Feingold Leahy going to go into telecommunications, Baucus Feinstein Levin not here for the earlier part of this de- and unlike Pacific Bell, Bell South, Biden Ford Lieberman bate, let me just say that my amend- Southwestern Bell, they go in the day Bingaman Glenn Mikulski ment is what I would call the do-right the President puts his signature on Boxer Graham Moseley-Braun Bradley Harkin Moynihan amendment. It was precipitated by an this bill. They can be in the cable busi- Breaux Hatfield Murray incorrect decision issued by the D.C. ness. They can go into anything they Bryan Hollings Nunn Circuit Court of Appeals in the Ohio want to. They do not have to go to the Bumpers Inouye Pell Power case. In 1992, a bunch of cities Byrd Jeffords Pryor FCC and the Justice Department. Campbell Johnston Reid who bought power from a utility sub- They can also orchestrate trans- Conrad Kennedy Robb sidiary of a registered utility holding actions between sister companies. Who Daschle Kerrey Rockefeller company, named Ohio Power. They is going to sell what to whom? One sis- Dodd Kerry Sarbanes Dorgan Kohl Simon were buying power from Ohio Power ter sells telecommunications products Exon Lautenberg Wellstone and Ohio Power was buying coal to to another. And maybe that company So the motion to lay on the table the generate that power from a sister com- also sells coal to a utility company. amendment (No. 1348) was agreed to. pany called Southern Ohio Coal. They pass it on. Even the tele- Mr. PRESSLER addressed the Chair. The municipalities went to FERC, communications cost goes right down because FERC sets wholesale rates; The PRESIDING OFFICER. The Sen- to the utility, right down to poor old ator from South Dakota. that is power sold from a utility com- Joe Lunchbucket. Nobody here believes pany to a city, for example. And they that is right. ORDER OF PROCEDURE say, ‘‘We think Ohio Power’s rates are Do you know who favors my amend- Mr. PRESSLER. Mr. President, I ask too high and the reason they are too ment? Every State public service com- unanimous consent that the Senate high is because this coal company is mission. The Consumer Federation of now return to the Dorgan amendment charging its sister company an exorbi- America, the industrial energy con- No. 1278 and that there be 20 minutes tant rate for coal.’’ FERC sends their sumers, including General Motors and for debate to be equally divided in the investigators out and what do they Dow Chemical are even for it. The Na- usual form, with no amendments in find? They found Ohio Power is charg- tional Association of State Utility order to the Dorgan amendment; that ing 100 percent more for coal than that Consumer Advocates, the Ohio Whole- at the conclusion or yielding back of coal can be bought from anybody else sale Customers Group, and on and on. time I will be recognized to move to in southern Ohio. What is happening is They all support the Bumpers amend- table the Dorgan amendment 1278, Ohio Power is paying twice as much for ment. which deals with the 35 percent for na- coal and what are they doing? They are Mr. President, I do not know of any- tional markets being lowered to 25 per- passing it right on down to the munici- thing further that I can say. This is an cent of the national media market, and palities who, in turn, have to pass it opportunity to protect consumers. If this would move us forward. The Dor- right on down to Joe Lunchbucket, you want competition, you cannot gan amendment is ready for voting. I who is worried about how he is going to have it unless you support this amend- would plead with everybody to let us pay his air-conditioning bill this ment because, if you do not, these anti- vote on this and then proceed. month. It is just that simple. That is competitive practices will continue. It My motion would ask that we go to all there is to this. is just that simple. the Dorgan amendment 1278. Mr. JOHNSTON. Will the Senator I yield the floor. Mr. CONRAD. Reserving the right to yield for a question? I ask for the yeas and nays. object. The PRESIDING OFFICER. Is there Mr. BUMPERS. I will be happy to The PRESIDING OFFICER. Is there a objection? yield. sufficient second? Mr. CONRAD. Mr. President, what is Mr. JOHNSTON. Is this the identical There is a sufficient second. the pending business? amendment which was passed out of The yeas and nays were ordered. The PRESIDING OFFICER. The the Energy Committee after a great Mr. PRESSLER. I move to table, and Lieberman amendment to the Conrad deal of hearings and work last year, I I ask for the yeas and nays. amendment. believe it was 14 to 5? The PRESIDING OFFICER. Is there a Mr. BUMPERS. Mr. President, this Mr. CONRAD. The Lieberman amend- sufficient second? amendment is the precise language re- ment or the Dorgan amendment? There is a sufficient second. ported out of the Energy Committee, 14 The PRESIDING OFFICER. The The yeas and nays were ordered. to 5 last year. And it was incorporated Lieberman amendment to the Conrad The PRESIDING OFFICER. The in this bill precisely that way. There is amendment. question is on agreeing to the motion nothing new about it. Mr. CONRAD. Is the pending busi- of the Senator from South Dakota to Mr. JOHNSTON. I thank my col- ness? lay on the table the amendment of the league. The PRESIDING OFFICER. Is the Senator from Arkansas. On this ques- Mr. BUMPERS. The problem with pending business. tion, the yeas and nays have been or- the Court of Appeals’ decision in Ohio Mr. CONRAD. Mr. President and dered, and the clerk will call the roll. Power is that the court said that the chairman of the committee, I would be The result was announced—yeas 52, SEC is the only regulatory body with reluctant to agree to this request if we nays 48, as follows: authority to protect consumers. And cannot get some agreement on when the problem is, the SEC will not, and [Rollcall Vote No. 252 Leg.] our amendment would be handled. We possibly can not, do it. YEAS—52 are the pending business, the They approved the original contract Abraham Burns Coverdell Lieberman second-degree amendment and for 24 years have refused to look at Ashcroft Chafee Craig to the Conrad amendment. We would Bennett Coats D’Amato it. So what happens? The consumers Bond Cochran DeWine like to get this matter resolved. We are paying twice as much for coal as Brown Cohen Dole have had a lengthy discussion, and I

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8241 would hope that we could move to a Mr. CONRAD. Actually, the previous get the bill finished as much as he vote on that. And so I would be con- agreement was the Senator from Illi- does. If my friends from North Dakota strained to object unless there was nois would be recognized, and we cer- and Illinois are satisfied, I will be glad some meeting of the minds with re- tainly want to accommodate that. But to yield the floor. spect to when we would get to our could we have an understanding with Mr. CONRAD addressed the Chair. amendment. respect to what the order is then after The PRESIDING OFFICER. The Sen- Mr. PRESSLER. Let me say that the that? If we can have a unanimous con- ator from North Dakota. Dorgan amendment came up first, and sent agreement, we certainly would be Mr. CONRAD. Mr. President, may I we are struggling to move forward open to entering into a time agree- inquire, is there then before us a sug- here. Several Senators are seeking ment, whatever else, so there is some gestion by the Senator from Kentucky agreements that I am not in a position understanding, given the fact there are that we hear from Senator Simon after to give. This is something we could get many Senators who are interested in the Dorgan amendment has been of- done and behind us in the next 30 to 35 this matter. fered, and then we would vote on the minutes. It is a major amendment in- Mr. DOLE. I will just say, what we Lieberman amendment, then we would volving the percentage of national are trying to do is finish the bill. All vote on the Conrad amendment, then media that one company or group can these amendments would fall if cloture we would vote on whatever amend- control. It is now set at 35 percent in is invoked. We could go out and have ments will be offered by Senator Simon the bill. The Dorgan amendment, as I the cloture vote at 9:30 in the morning. and Senator Dole? understand it, would strike that and I am not certain cloture would be in- Mr. PRESSLER. I do not know. We bring it back to 25 percent. voked. all need to have a little meeting about There has been debate on it. I think I think there has been some agree- that and work that through. Is it pos- there is only one more speaker. I ask ment. We heard the Conrad amend- sible to go to the Dorgan amendment that we lay aside the amendment of ment, the Lieberman second-degree for the 20 minutes, get that voted on, the Senator from North Dakota, Sen- amendment, some agreement on the and during that time, when people are ator CONRAD, if he will be kind enough Simon amendment. As far as I am con- speaking on it, we will try to work all to let us do that, and go to the Dorgan cerned, it is up to the managers. I this out in good faith? And I will act in amendment, get a vote on it, and keep think they are prepared to vote on all very good faith. on going from there. three. I do not know what order. Mr. CONRAD. All right. Mr. CONRAD. I just say to the chair- Mr. PRESSLER. I make a plea again The PRESIDING OFFICER. Is there man, if I could, I have to register objec- to my friend from North Dakota, let us objection? tion if there is not some agreement go to the Dorgan amendment for 20 Mr. DORGAN. Reserving the right to reached—— minutes and vote on it, and meanwhile object. I have not yet spoken on my Mr. DOLE. Will the Senator yield? have intense discussions so we can amendment because I had to leave for Mr. CONRAD. I will be glad to yield. cover everyone’s needs. That would another meeting. I am to speak for 10 Mr. DOLE. We can bring the Dorgan allow us to accomplish one more minutes. I would like to reserve 5 min- amendment back by regular order. We amendment. I think we are in a very utes for Senator Helms as a cosponsor. can do it that way. Senator SIMON has friendly position trying to work this He is not in the Chamber at the mo- an amendment relating to violence. We out. ment, but I think he would like some would like to have debate on all three Mr. FORD. Mr. President, reserving time. amendments—the CONRAD amendment, the right to object. The PRESIDING OFFICER. Is there the second-degree amendment, and The PRESIDING OFFICER. The Sen- objection? then an amendment I am offering with ator from Kentucky. Mr. PRESSLER. He is in the Cloak- Senator SIMON, a sense-of-the-Senate Mr. FORD. Mr. President, could we room and ready to go. amendment, that all relates to TV vio- have the unanimous consent request The PRESIDING OFFICER. Without lence. I wonder if we might have the agreed to by the chairman of the com- objection, it is so ordered. debate on all of those before we start mittee, the manager of the bill, that The Senator from North Dakota. voting. That is the only problem we we go to Conrad-Lieberman and then Mr. DORGAN. My understanding is have. go to Simon without putting a time we have a unanimous-consent agree- Mr. CONRAD. As I understand, the limit on it? ment for 20 minutes. My understanding pending business before the Senate I ask unanimous consent that fol- is I will take 10 minutes and 5 minutes is—— lowing the motion by the distinguished is reserved for the Senator from North Mr. DOLE. Regular order brings back chairman, that the Conrad-Lieberman Carolina, Mr. Helms. the Dorgan amendment, so I call for amendment be next in order and the AMENDMENT NO. 1278 the regular order. Simon amendment follow that with Mr. DORGAN. Mr. President, my The PRESIDING OFFICER. The reg- any second-degree amendment in re- amendment is very simple. The legisla- ular order is amendment No. 1278. gard to it. tion that comes to the floor of the Sen- Mr. PRESSLER. Mr. President, I ask Mr. PRESSLER. Reserving the right ate changes the ownership rules with unanimous consent there be 20 minutes to object. I appreciate what the Sen- respect to television stations. We now for debate equally divided on amend- ator is doing. We also have to work in have a prohibition in this country for ment No. 1278, and at the conclusion or an agreement for debate on the Simon- anyone to own more than 12 television yielding back of time, I be recognized Dole amendment, if that is to occur. stations comprising more than 25 per- to table the Dorgan amendment No. Mr. FORD. There is no agreement as cent of the national viewing audience. 1278. far as time is concerned. I recognize My amendment restores the 12-tele- The PRESIDING OFFICER. Is there the majority leader would have the vision-station limit and the 25-percent- objection? right to second-degree the sense of the of-the-national-audience limit. Why do Mr. CONRAD. Reserving the right to Senate, if that is what he wants to do. I do that? Because I think the proper object. Again, can we not find some You are getting a pecking order here. A place to make that decision is at the way of having a meeting of the minds time agreement has not been worked Federal Communications Commission. on what the order will be? I will be out. The majority leader would not They are, in fact, studying those lim- happy to accommodate other Senators need much time. its, and I have no objection to those if there is some understanding of what Mr. DOLE. If the Senator will yield, studies. I think that they are useful to the order is going to be. we can have the vote on the Dorgan do because we ought to determine when Mr. DOLE. I think the order is, after amendment and work this out during is there effective competition or when this, we go back to the Senator from the vote. would there be control or concentra- North Dakota. If you do not have any Mr. FORD. I was trying to work it tion such that it affects competition in objection, the Senator from Illinois out so my colleagues on this side will a negative way. would like to at least be heard on his be accommodated. I know the majority But I do not believe that coming out amendment. leader is trying to do that. We want to here and talking about competition,

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8242 CONGRESSIONAL RECORD — SENATE June 13, 1995 competition being something that ben- that limit that limits somebody to no of what we are doing. I am delighted efits the American people in this legis- more than 12 television stations, you that the Senator from North Carolina lation on telecommunications, and can own no more than 12 television sta- and some others feel as I do, that there then saying, ‘‘By the way, we will es- tions in the country; by the way, that is a way to restore a public interest di- sentially restrict competition by al- limit is gone. You can own 25 television mension to this bill by passing this lowing for great concentration in own- stations; in fact, buy 50 of them if you amendment this afternoon. ership of television stations,’’ rep- wish; just fine.’’ I yield the floor. resents the public interest. Well, it is not fine with me. I yield 5 minutes to the Senator from I can understand why some want to Concentration does not serve the North Carolina. do it. I can understand that we will end public interest. Go read a little about The PRESIDING OFFICER. The Sen- this process with five, six, or eight be- Thomas Jefferson. Read a little about ator from North Carolina controls 5 hemoth corporations owning most of what he thought served the public in- minutes. the television stations in our country. terest in this country—broad economic Mr. HELMS. Mr. President, as a But, frankly, that will not serve the ownership serves the public interest in former executive at a television sta- public interest. America. Broad economic ownership tion, I am an enthusiastic supporter of Mr. President, I respectfully tell you serves the free market and serves the the Dorgan amendment which is now the Senate is not now in order. interests of competition. Not con- pending. This amendment would ensure The PRESIDING OFFICER. Will the centration. Not behemoth corporations that local television news and pro- Senate please come to order? We will buying up and accumulating power and gramming decisions remain in the not continue until the Senate has come centralizing power, especially not in hands of local broadcasters. It is a worthy amendment. The Sen- to order. The Senator from North Da- this area. ate ought not to hasten to vote to table kota will proceed. I know outside of our doors are plen- it. I will tell Senators why. Mr. DORGAN. Mr. President, the ty of people who want this provision. It There is now a delicate balance of Senate is not yet in order. I do not in- is big money and it is big business. I power between the network and their tend to proceed until the Senate is in am telling Senators the country is moving in the wrong direction when it affiliates. I am concerned that if we order. allow the networks to acquire even The PRESIDING OFFICER. Those does this. more stations, the balance will be un- wishing to continue their conversa- There are not many voices that cry wisely tilted. Media power should not tions, please take them off the floor. out on issues of antitrust or issues of concentration. There are not many be concentrated in the hands of net- The Senator from North Dakota. work broadcasters. I say this as a Mr. DORGAN. Thank you, Mr. Presi- voices raised in the public interest on former broadcaster who has been there. dent. these issues. I just cannot for the life of me understand people who chant The networks will kick the dickens Mr. President, raising the national out of an affiliate if the affiliates do ownership limits on television stations about competition and chant about free markets, who so blithely ignore not toe the line. On one occasion, my resulting in concentration of corporate television station switched networks ownership of television stations in this the threats to the free market system that come from concentration of own- because of the dominance of an over- country will represent, in my judg- bearing network. It was one of the ment, a dramatic shift in power from ership. I feel very strongly that the provision in this bill that eliminates smartest decisions we ever made. This the local affiliates in our television in- bill increases what is known as the na- dustry to the national networks. The the restriction on ownership is a provi- sion that is bad for this country. tional audience cap from the current 25 provision in this bill threatens, in my Senator SIMON from Illinois, I know, percent to 35 percent. I oppose this in- judgment, local media control, both in has probably spoken on this, and is a crease, because it will allow the net- terms of programming and in terms of cosponsor of this amendment; and Sen- works to acquire more stations. This, news content, in favor of national con- ator HELMS from North Carolina. in turn, could very well increase domi- trol. Maybe we are appealing to the schizo- nation by the networks and enhance One of the amendments that will fol- phrenics today. Somebody on that side their ability to exercise undue control low me will be an amendment on tele- of the aisle who has a vastly different of television coverage on local events vision violence. I will tell you how to political outlook on things than I do, and news reports. make television more violent, espe- but, frankly, my interest in this is not Mr. President, I am also concerned cially in terms of the local markets, the economic interests of this con- about the negative impact of allowing and that is have your local television glomerate or that conglomerate or cable companies to buy television sta- station sold to the networks, and there that group, it is the interest of the tions. Consider, if you will, the possi- will not be any local control or discus- public. bility that Time Warner might buy up sion about what they are going to show The public interest is served in local cable station companies and local on that local television station, be- America when there is competition and television stations. cause it will not be a local station any- broad-based ownership. The public in- The Dorgan amendment, which I co- more. You will remove local control, terest, in my judgment, is threatened sponsor, restores, one, the 25 percent you will remove local decisionmaking, in this country, especially in this area, audience cap; and two, the restriction you will concentrate ownership in the when we decide it does not matter how on cable broadcast cross-ownership. hands of a few and, in my judgment, much you own or who owns it. If Congress increases the audience that is simply not in the public inter- We have always served the interests cap and thus the number of stations a est. of our country in this area by limiting network can acquire, it will be more These changes will result in a nation- ownership. I think we serve the inter- difficult for a local affiliate to preempt alization of television programming ests again if we pass my amendment a network program. and the demise of localism and pro- and restore those sensible provisions in Mr. President, affiliates serve as a gram decisions made at home in local communication law that restrict the very good check against the indecent areas. ownership of television stations to no programs being proliferated these days The bill changes of broadcast owner- more than 12, reaching no more than 25 by the networks. The ‘‘NYPD Blue’’ ship rules that now exist at the Federal percent of the American populace. program is an example. Many affiliates Communications Commission will lead Mr. President, I have agreed to a consider this show to be too violent to greater concentration and less diver- time limit. This is a piece of legisla- and otherwise unacceptable because of sity. I, for the life of me, cannot under- tion that on its own should command a its content of offensive material. When stand being on the floor of the Senate day’s debate. It is that important to the affiliates objected to the program, for 5 or 6 days talking about competi- our country. Yet it is reduced to 20 the network lowered the boom. There tion and deregulation being the engine minutes because we are in a hurry and are too many indecent, sexually ex- of competition in our country and then we are busy. plicit programs on television already. seeing a provision in a bill like this My hope is that people who look at Some time back, Mr. President, I that says, ‘‘Oh, by the way, you know this will understand the consequences sponsored an amendment to restrict

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8243 the level of indecent material on tele- the Democrats and Republicans—on joint venture with Disney, with a com- vision. Guess who fought that amend- the committee, as well as in consulta- bined investment of more than $500 ment down to the ground and fought it tion with many other Senators. million during the next 5 years. The in the courts? Of course, the networks. I think 35 percent is a good com- goal of this venture is specifically to The networks resent being limited in promise for the Senate. I expect that develop, market and deliver video pro- the amount of indecent material they the House will probably come with 50 gramming. can pump out over the airwaves. Do we percent. I look upon going back to 25 On top of all this activity involving really want to give the networks more percent as a move away from competi- the creation of new distribution paths power? I say no, and the Dorgan tion. and delivery of new entertainment and amendment says no. Why not 20 percent? Why not 10 per- information services to the home, The children of America, have spoken cent? Why not 15 percent? All these there has been a simultaneous revolu- out about indecent material. In a re- percentages are anticompetitive, be- tion in the sophistication of the com- cent survey, 77 percent of the children cause it is businessmen coming to munications equipment employed in polled said TV too often portrays ex- Washington who are seeking regulation the home. Today more than 84 million tramarital sex, and 62 percent said sex to keep their competitors out. What U.S. households have VCR’s. In 1994, on television influences children in they need to do is to compete, and they U.S. households spent as much money that direction. will find that they will do well. purchasing and renting videos, $14 bil- Mr. President, affiliate stations often Mr. President, the broadcasters in lion, as the combined revenues of all preempt programming and carry in- cable are not the only means by which basic cable, $4.6, and the three estab- stead regional college sports and such video programming, for example, is dis- lished broadcast networks, $9.4, in 1993. things as Billy Graham’s Crusade. tributed to consumers. More than 2 In 1994, 37 percent of U.S. households These are important programs, and million households receive program- owned personal computers. In 1993, es- they should not be inhibited by net- ming utilizing backyard dishes, timated retail sales of North American work power. availing them of numerous free serv- computer software sales were $6.8 bil- We should not concentrate too much ices. lion. power in the hands of four national SMATV services are utilized by an- The PRESIDING OFFICER. The time networks. The current provision in S. other million subscribers, wireless of the Senator has expired. 652 would make possible just that kind cable has attracted over half a million Mr. PRESSLER. Mr. President, I of concentration. If this ownership rule subscribers. move to table the amendment. had not been in place 10 years ago, the Recently direct broadcast satellite The PRESIDING OFFICER. Time re- Fox Network could never have been systems began offering very high-qual- mains to the sponsors. created. ity services. It is estimated that these Mr. HELMS. Mr. President, all time Local stations must have the free- services will attract more than 1 mil- has not been yielded back. dom in the future to create and select lion subscribers in 1995. The PRESIDING OFFICER. The Sen- and control programming, other than Looming large on the fringes of the ator from North Carolina is correct. programming provided by the net- market are the telephone companies. Mr. PRESSLER. I move to table the works. The telephone companies pose a very amendment. I urge Senators to support this highly credible competitive threat be- Mr. HELMS. I wish to speak for 60 amendment to restore local control of cause of their specific identities, the seconds. broadcasting decisions. I reserve the technology they are capable of deploy- The PRESIDING OFFICER. Without balance of my time. ing, the technological evolution their objection, it is so ordered. Mr. PRESSLER. Mr. President, I rise networks are undergoing for reasons Mr. HELMS. Mr. President, I ask in opposition to this amendment. apart from video distribution, and, last unanimous consent the aspect of the I believe we have reached a point but by no means least, their financial unanimous consent requiring a tabling where, through competition, we can strength and perceived staying power. motion be vitiated and that we have an achieve more than by Government reg- In 1993, the seven regional Bell oper- up-or-down vote on this amendment. ulation to keep certain competitors ating companies [RBOC’s] and GTE had The PRESIDING OFFICER. Is there down. combined revenues in excess of $100 bil- objection? I rather doubt that any one compet- lion. All of the major telephone compa- Mr. PRESSLER. I object. itor is going to get a huge dominance nies in the United States have plans to The PRESIDING OFFICER. Objec- in the American television market, be- enter the video distribution business, tion is heard. cause we have so many competitors. and several are currently striving Mr. HELMS. Mr. President, I suggest We have an increasing number. mightily to do so in the face of heavy the absence of a quorum. When we have dial video, cable, PBS, cable industry opposition, opposition The PRESIDING OFFICER. The Sen- the networks, I have here listed before which speaks for itself in terms of the ator from North Carolina does not con- me, the percentage of national cov- perceived strength of the competition trol sufficient time to do that. All time erage now by the top TV groups, they telephone companies are expected to must be yielded back at this point for will face increasing competition. bring to bear. a quorum call to be in order. Frequently, business comes to Wash- Recently three of the RBOC’s—Bell Mr. HELMS. Please repeat that. ington seeking regulation to avoid Atlantic, Nynex, and Pacific Telesis— Mr. PRESSLER. I move to table. competition. To those people who want announced the formation of a joint The PRESIDING OFFICER. The Sen- to put arbitrary limits on how much venture, capitalized initially to the ator from North Carolina does not con- success one company can have, I would tune of $300 million, for the express trol sufficient time to call for a say that they should be prepared to purpose of developing entertainment, quorum. All time would have to be compete. information and interactive program- yielded back in order for a quorum call. Now, a 25-percent limitation may ming for new telco video distribution Mr. HELMS. I did not use all of my well force some groups or individuals systems. This group has hired Howard time, that 60 seconds. I reserve that so or companies to operate regionally, or Stringer, formerly of CBS, to head the I can suggest the absence of a quorum to seek a niche market. venture and Michael Ovitz of Creative at that time. I believe we have enough competition Artists Agency of Los Angeles to ad- The PRESIDING OFFICER. The Sen- to give a variety of voices. That is par- vise on programming and technology. ator from North Dakota has 2 minutes ticularly true if we pass this bill. There A key aspect of this effort is develop- 55 seconds remaining. will be an explosion of new services and ment of navigator software that even- Mr. DORGAN. Mr. President, I yield 1 alternatives. tually could replace VCR’s and remote minute to the Senator from Illinois, In fact, I would even raise the limit control units to help customers find Senator SIMON. to 50 percent or higher if I were doing programs and services. Three other Mr. SIMON. Mr. President, I support it myself. The Commerce Committee RBOC’s—BellSouth, Ameritech, and the Dorgan amendment for the reason worked out a 35-percent compromise— SBC Communications are forming a Senator DORGAN and Senator HELMS

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8244 CONGRESSIONAL RECORD — SENATE June 13, 1995 have outlined, but one other important Mr. PRESSLER. Mr. President, I ask time to speak on something that is reason. Economic diversity is impor- unanimous consent the request to table about to be voted on, it is customary tant, but diversity in terms of news this amendment be vitiated. to ask for an equal amount of time for sources for the American people is ex- The PRESIDING OFFICER. Is there somebody on the other side. They may tremely important. objection? Without objection, it is so or may not use it, but that is the cus- I used to be in the newspaper busi- ordered. tomary practice. ness. Fewer and fewer people own the Mr. HELMS. No, no. What was the Mr. PRESSLER. Fine. I will point newspapers of this country. We are unanimous consent request? out I gave the opposition 15 minutes. I headed in the same direction in tele- The PRESIDING OFFICER. To viti- just took 5 to try to move this thing vision. It is not a healthy thing for our ate the motion to table. along. But, fine, we will give each side country. I strongly support the Dorgan Mr. PRESSLER. Mr. President, I ask 5 more minutes. amendment and agree completely—it is unanimous consent—the Senator from I ask unanimous consent that occur. not often I can stand up on the Senate Montana has just arrived. He wishes to The PRESIDING OFFICER. Without floor and say I agree completely with speak on this. All of my time is used, objection, it is so ordered. Is that to be Senator JESSE HELMS, but I certainly but I ask unanimous consent Senator added to the 14 seconds remaining of do here today. BURNS be given 5 minutes to speak on the Senator from North Carolina and Mr. HELMS. Right on. this. the 15 seconds remaining to the Sen- The PRESIDING OFFICER. The Sen- I have made the request to vitiate ator—— ator from North Carolina. the yeas and nays. Mr. PRESSLER. To the 14 seconds Mr. HELMS. Has all time been yield- Mr. HELMS. I thank the Senator. and 15 seconds. ed back except for my time? Mr. PRESSLER. The Senate will The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- vote in 5 minutes, but I also ask unani- objection, it is so ordered. The Senator ator has 14 seconds remaining. mous consent Senator SIMON be recog- from Montana. Mr. HELMS. Is there any other time nized—following this upcoming vote, Mr. DOMENICI addressed the Chair. outstanding? Senator SIMON be recognized to speak The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- for up to 10 minutes. ator from New Mexico. ator from North Dakota has 2 minutes Mr. DORGAN. Mr. President, reserv- Mr. DOMENICI. Did we also grant remaining. ing the right to object. the unanimous consent request for the The Senator from North Dakota. Mr. PRESSLER. I have more to it. I rest of the sequencing that the Senator Mr. DORGAN. Let me use just a will go on. I was hoping to get that ap- indicated? That was done also? minute of that. If the Senator from proved. Relax. It is coming. The PRESIDING OFFICER. Yes, it North Carolina needs another minute, I I ask unanimous consent that fol- was. will be happy to yield to him. There is lowing the remarks of Senator SIMON, Mr. BURNS. I ask the Senator from not much remaining to be said. the Senate resume consideration of the New Mexico, did he want to speak in As I indicated earlier, this could be a Conrad amendment No. 1275 and there opposition to this? discussion that should take a day and be 20 minutes for debate to be equally Mr. DOMENICI. No; I am afraid if I we are going to compress it into 20 divided in the usual form; and that fol- were to speak, I might not speak in op- minutes. If you look at the landscape lowing the conclusion or yielding time, position, so I do not choose to speak. of ownership of our television stations I be recognized to make a motion to Mr. BURNS. That is fine. 10 years or 20 years from now, you will, table the Conrad amendment. The PRESIDING OFFICER. The Sen- in my judgment, if you vote against Mr. DORGAN. Mr. President, reserv- ator from Montana has 5 minutes. this amendment, regret the vote. Be- ing the right to object, may I inquire, Mr. BURNS. Mr. President, I shall cause I think what you will see is that is there additional time left on my not take 5 minutes. I would say the at a time when we brought a bill to the original time allocation? way the trend has been in radio and floor talking about deregulation and The PRESIDING OFFICER. The Sen- television station ownership in the last competition, we included a provision in ator from North Dakota still controls 5 or 10 years, this actually, I think, this bill that will lead to concentration 15 seconds. The Senator from North would stymie any development of fur- of ownership in an enormously signifi- Carolina has 14 seconds left. ther stations in the market. cant way in the television industry in Mr. DORGAN. Mr. President, if the I rather doubt that any one owner this country, and I do not think it is in Senator from Montana is going to be wants to own both radio stations or the public interest. given by unanimous consent 5 minutes three television stations in the market That is the position the Senator from to address this subject in opposition to of Billings, MT. I do not think they Illinois took, the position the Senator this amendment, then I ask we be want to own all of them. We are not from Nebraska discussed, and the Sen- added an additional 5 minutes. talking about just network stations; ator from North Carolina, too. I feel so Mr. PRESSLER. I point out as man- we are talking about independent sta- strongly this is a mistake I just hope ager of the bill I cut my time down to tions. We are talking about stations my colleagues will take a close, hard about 4 minutes to speak against it, to that are not affiliated with any kind of look at this and ask themselves, if they try to keep things moving. But I think a network on the limits of ownership are talking about competition, if they the Senator from Montana is so elo- that you can have in a specific market are talking about local control, if they quent that his argument—— but across the Nation. are talking about diversity, do they Mr. DORGAN. If the Senator from So, I am going to yield my time not believe it is in the public interest Montana wishes to speak in favor of back. I am opposed to this amendment to have broad-based economic owner- my amendment, I would have no objec- just for the simple reason of its effect ship of television stations spread tion. on the sale of a station. When one re- around this country? Of course they do. Mr. SIMON. Parliamentary inquiry. tires or wants to sell a station, then Do they want to see a future in which Have we disposed of the unanimous you are going to have to go over and a half dozen companies in America own consent request of Senator PRESSLER? maybe you have a willing buyer that all the television stations and local Mr. PRESSLER. I further ask that will give so much money for it and control is gone, diversity is gone? I do Senator SIMON be recognized following then that is closed out because he al- not think so. And that is exactly what the disposition of the Conrad amend- ready owns too many stations? Maybe will happen if my amendment is not ment No. 1275. Does that take care of nobody else wants to get into the enacted. the Senator? Then we have all the broadcast business. This also limits So I very much hope my colleagues problems taken care of. your ability to market a station, if you will understand the importance of this Mr. LEAHY. Reserving the right to are lucky enough to own one. amendment despite the brevity of the object, I note for Senators it is cus- This does not pertain just to tele- debate. tomary if at the time—it has been a vision stations. This also pertains to Does the Senator from North Caro- long custom here—if all time has ex- radio stations, radio stations as well as lina need additional time? pired and somebody asks for additional television stations.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8245 So I would oppose this amendment So, in addition to the localism argu- The PRESIDING OFFICER. The Sen- and I ask my colleagues to oppose it ment, which was very eloquently made ator from North Dakota needs to ask also. by both the Senator from Illinois and unanimous consent in order to modify I yield the floor and reserve the re- the Senator from North Carolina, the his amendment. mainder of my time. important issue when you are dealing Mr. PRESSLER. In view of the fact f with news—I point out a very impor- that the amendment I have in my hand tant issue—when you are dealing with is to modify or remove such national or EXECUTIVE SESSION the question of how does the elec- local ownership of radio and television torate, how does the public, how do the broadcasting, and just on the very mo- citizens themselves acquire informa- EXECUTIVE CALENDAR ment of the vote to take out radio, and tion, is the issue of concentration of I want to consult with some of my col- Mr. PRESSLER. Mr. President, in ex- ownership. That is a very important leagues, I suggest the absence of a ecutive session, I ask unanimous con- issue. quorum. sent that the Senate immediately pro- So in addition to the idea that this The PRESIDING OFFICER. The ceed to the consideration of the fol- shifts us away from local control of clerk will call the roll. lowing Executive Calendar nomina- stations, there is also the very impor- The assistant legislative clerk pro- tions: tant idea of concentration in the indus- ceeded to call the roll. Calendar No. 175, Robert F. Rider; try, and lack of competition. It is high- Mr. DORGAN. Mr. President, I ask Calendar No. 176, John D. Hawke, and ly likely that companies that we cur- unanimous consent that the order for Calendar No. 177, Linda Lee Robertson. rently see as networks, or companies the quorum call be rescinded. I further ask unanimous consent that that we currently see as broadcasters, The PRESIDING OFFICER (Mr. the nominations be considered en bloc, will be coming in at the local level say- COVERDELL). Without objection, it is so the motions to reconsider be laid upon ing we would like to provide what we ordered. the table en bloc, that any statements previously regarded as dial tone and Mr. DORGAN. Mr. President, my un- relating to the nominations appear at vice versa. This whole thing is going to derstanding of the parliamentary situ- the appropriate place in the RECORD, get jumbled up in a hurry. As the Sen- ation is that once all time is yielded that the President be immediately no- ator from South Dakota said several back, under the unanimous-consent re- tified of the Senate’s action, and that times, we allow people to get into each quest, I would then be allowed to mod- the Senate then return to legislative other’s business. That is basically what ify my amendment, which I sought to session. the bill does. do. Is that correct? The PRESIDING OFFICER. Without So I hope Members who want com- The PRESIDING OFFICER. It still objection, it is so ordered. petition, who want the consumers to would require unanimous consent to The nominations were considered and benefit from that competition, will proceed under that scenario. confirmed en bloc, as follows: support the Dorgan amendment. Mr. DORGAN. Mr. President, I will AMENDMENT NO. 1278, AS MODIFIED U.S. POSTAL SERVICE not use all of the remaining time. I am Mr. DORGAN. Mr. President, I ask Robert F. Rider, of Delaware, to be a Gov- unanimous consent that I be allowed to ernor of the United States Postal Service for going to send a modification to the desk. modify my amendment, and I send the the term expiring December 8, 2004. (Re- modification to the desk. appointment) If I might have the attention of the The PRESIDING OFFICER. Is there DEPARTMENT OF THE TREASURY Senator from South Dakota, who I think is now looking at the modifica- objection? John D. Hawke, Jr., of New York, to be tion, the modification is purely tech- Mr. BURNS. Mr. President, I reserve Under Secretary of the Treasury. the right to object. Linda Lee Robertson, of Oklahoma, to be a nical in order to conform the amend- Deputy Under Secretary of the Treasury. ment to the manner in which the un- I have 2 minutes remaining. In order to accommodate my friend from North f derlying bill is drafted. The PRESIDING OFFICER. Is there Dakota, I would yield back the remain- LEGISLATIVE SESSION objection? der of my time so that will put his re- The PRESIDING OFFICER. Under Mr. DORGAN. I have a right to mod- quest to modify in correct parliamen- the previous order, the Senate will now ify the amendment without consent. tary procedure. Is that a correct as- return to legislative session. Mr. PRESSLER. We have a problem sumption? with one portion, which is to modify or The PRESIDING OFFICER. It will f remove such national or local owner- not be necessary for the Senator to THE TELECOMMUNICATIONS COM- ship of radio and television broad- yield back time in order for the unani- PETITION AND DEREGULATION casting. mous-consent modification of the ACT Mr. DORGAN. Radio has never been a amendment. The Senate resumed with the consid- part of the amendment that we offered Mr. BURNS. Then I reserve the re- eration of the bill. today. It was not intended to be a part. mainder of my time. I described the amendment earlier AMENDMENT NO. 1278 I thank the Chair. today as only affecting television sta- The PRESIDING OFFICER. Is there Mr. DORGAN. Mr. President, I yield 2 tions. That is the intent of the amend- objection to the request to modify the minutes to the Senator from Nebraska, ment. amendment? Without objection, it is so Senator KERREY. Mr. PRESSLER. In the amendment ordered. The PRESIDING OFFICER. The Sen- we have national or local ownership of The amendment (No. 1278), as modi- ator from Nebraska. radio and television broadcasting. fied, is as follows: Mr. KERREY. Mr. President, thank Mr. DORGAN. It is not the intent of Strike paragraph (1) of subsection (b) of you. the amendment to include radio. It is As I indicated earlier, this amend- Section (207) and insert in lieu thereof the the intent to only include television, following: ment simply conforms with the under- and that is the way I described it ear- ‘‘(1) REVIEW AND MODIFICATION OF BROAD- lying theme of S. 652 which is that if lier today just after the noon hour. CAST RULES.—The Commission shall: we have competition the consumers Mr. PRESSLER. As I understand it, ‘‘(A) modify or remove such national and will benefit. The current language of every Senator can modify his amend- local ownership rules only applying to tele- the bill moves us in the direction of ment at any time. That changes the vision broadcasters as are necessary to en- less competition. You cannot go from amendment based on my under- sure that broadcasters are able to compete fairly with other media providers while en- 25 percent ownership of stations in a standing. The amendment I have in my service area to 35 percent without de- suring that the public receives information hand reads radio and television broad- from a diversity of media sources and local- creasing the competition. Inescapably casting. ism and service in the public interest is pro- the consequence is decreasing the num- Mr. DORGAN addressed the Chair. tected taking into consideration the eco- ber of broadcast owners in a particular Mr. PRESSLER. A Senator has a nomic dominance of providers in a market area. right to modify his amendment. and

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8246 CONGRESSIONAL RECORD — SENATE June 13, 1995 ‘‘(B) review the ownership restriction in peting against an absentee owner. And Several Senators addressed the section 613(a)(1).’’ that question came up in the hearings. Chair. Mr. DORGAN. Mr. President, I have 2 I said even though I might do business The PRESIDING OFFICER. The ma- minutes remaining? in Georgia—and there was a Georgia jority leader. The PRESIDING OFFICER. The Sen- businessman who owned a station in Mr. DOLE. Mr. President, I suggest ator has 2 minutes remaining. my State of Montana—it is still tough the absence of a quorum. Mr. DORGAN. Mr. President, I shall to do business against a local owner of The PRESIDING OFFICER. The not use the entire 2 minutes. Let me a local station whenever the invest- clerk will call the roll. just say that when I proposed this ment is there and the money is spent The legislative clerk proceeded to amendment earlier today, I indicated there. call the roll. the amendment was about removing So again I would say that even the Mr. D’AMATO. Mr. President, I ask the provision in the bill that elimi- marketplace itself limits ownership in unanimous consent that the order for nates the restrictions on broadcast television and, of course, I am object- the quorum call be rescinded. ownership on television stations. The ing to any kind of an ownership re- The PRESIDING OFFICER. Without bill is drafted that way. The first two striction on radio stations altogether. objection, it is so ordered. sentences strike those provisions deal- I reserve the remainder of my time. I Mr. D’AMATO. Mr. President, I move ing with television stations and there yield the floor. to reconsider the vote by which the was some ancillary language that re- Mr. PRESSLER. I ask for the yeas amendment, as modified, was agreed lates to the rules that will have to be and nays. to. redrawn at the FCC. That referred to The PRESIDING OFFICER. Is there a Mr. DOLE. I ask for the yeas and the set of rules in which they were sufficient second? nays on the motion to reconsider. The PRESIDING OFFICER. Is there a dealing with both television and radio There is a sufficient second. sufficient second? stations, so the word ‘‘radio’’ was there The yeas and nays were ordered. There is a sufficient second. but it had nothing to do with the The PRESIDING OFFICER. Is all time yielded back? The yeas and nays were ordered. strike. So we have since corrected that Mr. DORGAN. Mr. President, I move so that no one can misunderstand what Mr. BURNS. I yield the remainder of my time. to table the motion, and I ask for the the discussion is. yeas and nays. The discussion is that we believe the The PRESIDING OFFICER. Does the Senator from North Carolina yield The PRESIDING OFFICER. Is there a elimination of the ownership rules, the sufficient second? ownership restrictions, 12 stations and back his time? Mr. HELMS. I certainly do. Yes. There is a sufficient second. 25 percent of the market, the elimi- The yeas and nays were ordered. nation is not in the public interest, and The PRESIDING OFFICER. All time is yielded back. The question is on VOTE ON MOTION TO TABLE THE MOTION TO we believe very much that the provi- RECONSIDER sion that strikes those prohibitions agreeing to amendment No. 1278, as modified. The yeas and nays have been The PRESIDING OFFICER. The ought to be taken out of this bill, and question is on agreeing to the motion the provisions of the 12 television sta- ordered. The clerk will call the roll. The legislative clerk called the roll. to lay on the table the motion to re- tions and 25 percent of the market Mr. MACK (when his name was consider. On this question, the yeas ought to remain. That is the purpose of called). Present. and nays were ordered, and the clerk it. I already described what I think is The PRESIDING OFFICER. Are there will call the roll. the importance of it, and in the inter- any other Senators in the Chamber The bill clerk called the roll. est of my friend from South Dakota, who desire to vote? The PRESIDING OFFICER (Ms. who has been very cooperative on this, The result was announced—yeas 51, SNOWE). Are there any other Senators in the interest of his moving this nays 48, as follows: in the Chamber who desire to vote? The result was announced—yeas 48, along, I would yield back the remain- [Rollcall Vote No. 253 Leg.] der of my time. nays 52, as follows: YEAS—51 The PRESIDING OFFICER. Who [Rollcall Vote No. 254 Leg.] yields time? Akaka Faircloth Kohl Baucus Feingold Lautenberg YEAS—48 Mr. BURNS addressed the Chair. Biden Feinstein Leahy Akaka Feingold Lautenberg The PRESIDING OFFICER. The Bingaman Glenn Levin Baucus Feinstein Leahy Chair recognizes the Senator from Boxer Gorton Lieberman Biden Ford Levin Montana. Bradley Graham McConnell Bingaman Glenn Lieberman Bumpers Grams Mikulski Boxer Gorton McConnell Mr. BURNS. When you start talking Byrd Grassley Moseley-Braun Bradley Graham Mikulski about, I guess, broadcast companies, I Campbell Harkin Murray Bumpers Grassley Moseley-Braun find it unlikely, coming out of that Conrad Hatfield Pell Byrd Harkin Murray D’Amato Heflin Pryor Campbell Heflin Pell business, that any one company would Daschle Helms Reid Conrad Helms Pryor come to buy all the broadcast stations, DeWine Johnston Rockefeller Daschle Inouye Reid especially in television, in a specific Dodd Kassebaum Sarbanes DeWine Johnston Robb market. Domenici Kennedy Simon Dodd Kennedy Rockefeller Dorgan Kerrey Thomas Dorgan Kerrey Sarbanes Now, we have limited it nationally to Exon Kerry Wellstone Exon Kerry Simon 25 percent by law under the cable rereg Faircloth Kohl Wellstone NAYS—48 bill, 25 percent of the market to a spe- NAYS—52 cific company, but we did not say that Abraham Frist Nickles Ashcroft Gramm Nunn Abraham Gramm Nickles you were limited to a certain amount Bennett Gregg Packwood Ashcroft Grams Nunn of cable systems. In other words, you Bond Hatch Pressler Bennett Gregg Packwood just do not own so many cable systems Breaux Hollings Robb Bond Hatch Pressler Brown Hutchison Roth Breaux Hatfield Roth if that adds up to 25 percent. Bryan Inhofe Santorum Brown Hollings What we are saying here is that you Santorum Burns Inouye Shelby Bryan Hutchison Shelby Chafee Jeffords Simpson are limited not only as to the number Burns Inhofe Simpson Coats Kempthorne Smith Chafee Jeffords of stations you can own but also a Smith Cochran Kyl Snowe Coats Kassebaum Snowe limit on the number of listeners or peo- Cohen Lott Specter Cochran Kempthorne Specter ple who might be in that specific mar- Coverdell Lugar Stevens Cohen Kyl ket nationally. Craig McCain Thompson Coverdell Lott Stevens Dole Moynihan Thurmond Craig Lugar Thomas So I just think it is bad policy right Ford Murkowski Warner D’Amato Mack Thompson now. We do not limit any other media Dole McCain Thurmond ANSWERED ‘‘PRESENT’’—1 on the amount of ownership nationally Domenici Moynihan Warner across this country. Mack Frist Murkowski The local station, if it is owned lo- So the amendment (No. 1278), as So, the motion to lay on the table cally, does a much better job in com- modified, was agreed to. was rejected.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8247 Mr. DOLE addressed the Chair. There is now, under the unanimous vision and movie producers and talked The PRESIDING OFFICER. The ma- consent as I understand it, to be a about this issue of violence in our jority leader. speech from Senator SIMON, which he films. It was received about as favor- Mr. DOLE. Madam President, I ask has been waiting to give. He is pre- ably out there as Senator Bob DOLE’s unanimous consent that the yeas and pared to go. recent comments. Let me just add that nays be vitiated on the motion to re- The PRESIDING OFFICER. May we I agree with the general thrust of Sen- consider. have order in the Chamber, please? ator DOLE’s comments. The PRESIDING OFFICER. Without The Senator from Illinois. But one of the things I said in August objection, it is so ordered. AMENDMENT NO. 1347 TO AMENDMENT NO. 1275 1993 was, if the industry was willing to Mr. DOLE. So then the vote will be, Mr. SIMON. Madam President, I rise set up monitoring where we could find again, on the issue. We can adopt the in opposition to the amendment offered out what is happening, independent motion to reconsider by voice vote. by my friend and colleague from North monitoring that is recognized as solid, VOTE ON MOTION TO RECONSIDER Dakota and the Senator from Con- I would oppose any legislative answers. The PRESIDING OFFICER. The necticut, Senator LIEBERMAN. I do this At first we got a very negative re- question now is on agreeing to the mo- reluctantly, in part because I agree sponse from the industry. Finally, both tion to reconsider the vote by which with them in terms that we have a real the broadcast and cable industries have the Dorgan amendment was agreed to. problem and we have to confront that established—or have contracted with So the motion was agreed to. problem. The question is how we con- respected entities, UCLA and VOTE ON AMENDMENT NO. 1278, AS MODIFIED, front it. Mediascope, to do this. The first report UPON RECONSIDERATION Let me commend him, Senator on broadcast will come in September. The PRESIDING OFFICER. The CONRAD, Senator DORGAN, also from The report on cable will come in Janu- question is on agreeing to the Dorgan North Dakota, and Senator LIEBERMAN, ary. And tentatively we will have that amendment No. 1278, as modified, upon in terms of video games and what he for 3 years. reconsideration. has been able to do there. Senator HOL- I think it is important that we let Mr. DORGAN. Madam President, I LINGS has been a leader in this. Senator the industry try to correct its prob- ask for the yeas and nays. HUTCHISON has shown leadership. The lems on its own, that we applaud the The PRESIDING OFFICER. The yeas problem is real and there are those in steps that have been taken, that we say and nays have already been ordered. the industry, just like there are those more steps are needed. I have a sense- The clerk will call the roll. in the cigarette industry, who deny of-the-Senate resolution which will be The assistant legislative clerk called there is a real problem. But the re- voted upon immediately after we vote the roll. search is just overwhelming. There is on the Conrad-Lieberman amend- Mr. MACK (when his name was no question that a cause—not the called). Present. ment—it is cosponsored by Senator cause, because there are many causes— DOLE and Senator PRESSLER—which The PRESIDING OFFICER. Are there but a cause of violence in our society is any other Senators in the Chamber de- urges the industry to do more in this the violence people see on entertain- area but does not get the Federal Gov- siring to vote? ment television. The result was announced—yeas 47, ernment involved directly. When you I stress entertainment television be- start moving in the direction of getting nays 52, as follows: cause on news television —sometimes [Rollcall Vote No. 255 Leg.] the Federal Government involved—for it is more violent than I would like— example this deals with ‘‘the level of YEAS—47 but on news television when you see violence or objectionable content.’’ Akaka Faircloth Lautenberg that scene from Bosnia, you see rel- When you talk about ‘‘objectionable Baucus Feingold Leahy atives crying, you see violence in its Biden Feinstein content,’’ you are talking about some- Levin grimness. In entertainment television, Bingaman Glenn Lieberman thing that is not very precise. When Boxer Gorton McConnell there is a tendency to glorify violence. you talk about content, I think the Bradley Graham When even the President of the Mikulski Federal Government has to be very, Bumpers Grassley Moseley-Braun United States uses a phrase like ‘‘make Byrd Harkin Murray very careful. Campbell Heflin my day,’’ using it against Saddam Hus- Pell If the industry on its own gets into Conrad Helms sein, what he is saying is violence is a Pryor Daschle Inouye this V-chip field, I applaud that. I wel- Reid way of solving problems and violence is DeWine Johnston come that. I am reluctant to have the Rockefeller fun. Those are precisely the wrong Dodd Kennedy Federal Government start moving into Sarbanes messages. Domenici Kerrey this field of content. Dorgan Kerry Simon We have been working on this for Exon Kohl Wellstone some time. This body, I am pleased to Let me add, it is not a substitute for NAYS—52 say, unanimously passed a bill saying the industry policing itself and having good programming, positive program- Abraham Gramm Nunn the industry can get together without Ashcroft Grams Packwood violating the antitrust laws to deal ming. Even if this is agreed to, we will Bennett Gregg Pressler with the problem of violence. Since still face the reality, for example, that Bond Hatch Robb that has happened, there have been in the high crime areas of our country Breaux Hatfield Roth young people watch a great deal more Brown Hollings Santorum steps—major steps, frankly, by the Bryan Hutchison Shelby broadcast industry; very small steps by television than they do in the suburbs Burns Inhofe Simpson and rural areas of our country. And Chafee Jeffords the cable industry—in moving in a Smith they are going to continue to see much Coats Kassebaum more positive direction. That ulti- Snowe Cochran Kempthorne too much violence and programs that I Specter mately is going to have an effect on Cohen Kyl think are objectionable. Stevens our society. Coverdell Lott So my hope is that, frankly, we will Craig Lugar Thomas If you look back at the old television D’Amato McCain Thompson series and movies, you will see our he- defeat the Conrad-Lieberman amend- Dole Moynihan Thurmond roes and heroines smoking a great deal, ment because we do not want the Fed- Ford Murkowski Warner drinking very heavily. That just quiet- eral Government getting its fist in Frist Nickles ly changed. The same thing is hap- there too heavily. I think we have to be ANSWERED ‘‘PRESENT’’—1 pening on broadcast television, but it careful. But let us pass the sense-of- Mack is not happening, frankly, in the cable the-Senate resolution, which will send So the amendment (No. 1278), as field as much as we would like. I ap- a signal, a very clear signal, a sense-of- modified, was rejected. plaud the steps that have been taken, the-Senate resolution that I assume The PRESIDING OFFICER. The Sen- but we need to do more. will pass unanimously, that sends a ator from South Dakota. I am also very reluctant to see Gov- signal to the industry: Let us do better. Mr. PRESSLER. Madam President, I ernment get excessively into this prob- We have serious concerns. thank my colleagues. I think we are lem. I spoke in Los Angeles in August Madam President, I reserve the re- holding the committee bill together 1993 to a unique gathering of 800 tele- mainder of my time. and moving forward.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8248 CONGRESSIONAL RECORD — SENATE June 13, 1995 Mr. PRESSLER. Will the Senator The real solution to the problem of Senator from Illinois would then be yield? television’s corrosive impact on our adopted. The PRESIDING OFFICER. The culture lies with concerned parents, in- The PRESIDING OFFICER. Does the Chair recognizes the distinguished Sen- formed consumers who have the good Senator from Illinois wish to use his ate majority leader. sense to turn off the trash, and cor- final minutes? Mr. DOLE. Madam President, I will porate executives within the entertain- Mr. SIMON. Madam President, I just take a few minutes, I say to Sen- ment industry who are willing to put would like to reserve the 2 minutes for ator SIMON. common decency above corporate prof- later, if I could. First, I ask unanimous consent the its. The PRESIDING OFFICER. Without vote on the motion to table the Conrad That is why I have cosponsored the objection, it is so ordered. amendment occur at 8:10 p.m. to be fol- sense of the Senate amendment offered Mr. CONRAD addressed the Chair. lowed immediately by a vote on the by my distinguished colleague from Il- The PRESIDING OFFICER. The Sen- ator from North Dakota. Simon amendment. linois, Senator SIMON. This amendment Mr. CONRAD. I ask that Senator The PRESIDING OFFICER. Without is right-on-target: It states that ‘‘self- LIEBERMAN, Senator EXON, Senator objection, it is so ordered. regulation by the private sector Mr. DOLE. Mr. President, I support BYRD, Senator NUNN, and Senator is***preferable to direct regulation the goals of the amendments offered by FEINSTEIN be shown as cosponsors of by the Federal Government.’’ And it my distinguished colleagues, Senator my amendment. urges the entertainment industry ‘‘to CONARD and Senator LIEBERMAN. The PRESIDING OFFICER. Without Both Senators are absolutely right to do everything possible’’ to limit the objection, it is so ordered. criticize the television industry for amount of violent and aggressive pro- Mr. CONRAD. I thank the Chair. programming that too often glorifies gramming, particularly during the Madam President, the amendment mindless violence and casual sex. One hours when children are most likely to that I am offering is not governmental recent study commissioned by USA be watching. choice in television. It is parental Weekend magazine recorded 370 in- In other words: No regulation. No choice in television. There is a world of stances of ‘‘crude language or sexual government involvement. No censor- difference, and it is an important dif- situations’’ during a 5-night period of ship. Just focusing the moral spotlight ference. prime-time programming, or 1 every 8.9 where it is needed most. The amendment that I am offering minutes; 208 of these incidents oc- Mr. President, the television indus- provides for choice chips in new tele- curred between 8 and 9 p.m., the so- try has tremendous power. In fact, tel- vision sets so that parents can decide called family hour. evision is perhaps the most dominant what comes into their homes—not the According to one study, children will cultural force in America today. But Government; parents. That is what the have been exposed to nearly 18,000 tele- with this power comes responsibility. American people want, and that is vised murders and 800 televised suicides It is my hope, and it is the hope of mil- what this amendment provides. It says by the time they reach the ripe old age lions of Americans across this great when we start building new television of 18. country, that the television industry sets let us include the new technology Clearly, on the issue of violent and will finally get the message and that will permit parents to decide what sexually oriented programming, the preform a much-needed and urgent their children see—no Government bu- television industry has much, much to house-cleaning. reaucrat, no Government agency; par- explain to concerned parents through- Let me also add that when I made a ents. That is precisely where the choice out the country. statement about the entertainment in- ought to lie. So, Mr. President, Senator CONARD, dustry a couple of weeks ago it did get Madam President, we do not dictate Senator LIEBERMAN, and I are in total the attention of a lot of people. But I when the industry should provide the agreement when it comes to identi- notice in all the surveys that followed choice chip. We provide that there fying the problem that his amendment that speech there were about as many should be consultation between the in- seeks to address. We part ways, how- people concerned about Government dustry and the FCC to determine the ever, when it comes to how best to re- censorship as there were about the vio- appropriate time for the choice chip to solve this problem in a way that is lence, the mindless violence, and cas- be included in new television sets. But both effective and consistent with our ual sex in movies and TV. we did say those chips ought to be free-speech traditions. I have been criticized, maybe with available, and ought to be included in Senator CONRAD’s amendment, as some justification, by some who say, new sets, whether they are manufac- modified by the Lieberman second-de- ‘‘BOB DOLE, Senator DOLE, wants cen- tured abroad or in this country for use gree, may not amount to censorship, sorship.’’ I never suggested censorship. in America. The American people want but by establishing a 5-member Presi- I did not suggest the Government do to be able to make these decisions. dential Commission to create a ‘‘vio- anything. I suggested that shame is a I would direct my colleagues’ atten- lence rating system,’’ it takes us one powerful weapon, and that it ought to tion to a USA Today poll that was step closer to government control over be used. taken on June 2 through the 4th. They what we see and hear on television. As I also suggested that, while the en- asked the question: I have said on numerous occasions, we tertainment industry has its first Should ‘‘V-chips’’ be installed in TV sets so have more to lose than to gain from amendment rights, we have our first parents could easily block violent program- putting Washington in charge of our amendment rights to express outrage, ming? culture. as the Senator from Illinois has done, Yes, 90 percent; 90 percent said yes. I am also concerned about the provi- the Senator from New Jersey, Senator They want to have the ability to sions in Senator CONRAD’s amendment BRADLEY, and many others, in this choose. They want to have the ability that would direct TV stations to trans- Senate. to make the determination about what mit the ratings developed by the Presi- So I would hope that we would not their kids see—not Government, par- dentially appointed Commission as let the Government take one inch, ents. well as require that all TV sets be make one effort that would indicate This amendment empowers parents. equipped with chip technology in order that we are headed towards Govern- Let parents decide. It leaves the deci- to block out programming found objec- ment regulation, Government involve- sion where it belongs, with American tionable under the government-rating ment, censorship, if you will, and give families—not some Government agen- system. the industry a chance to clean up its cy, not some Government authority, These provisions are inconsistent act. The last thing we want is more but the American parents. with the general deregulatory approach Government, particularly in a bill. As I Second it provides for a rating sys- of this bill—that less government con- have suggested, we are trying to de- tem. trol, less government regulations are regulate and be more competitive. Mr. BREAUX. Will the Senator yield? what is needed most for a strong, com- I hope that the Conrad amendment Mr. CONRAD. I would prefer not to. I petitive, consumer-oriented tele- and the underlying amendment will be would like to conclude my statement communications industry. tabled, and that the amendment of the because I have very limited time.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8249 Consumers would like to know the The PRESIDING OFFICER. It does (2) DUTIES OF TELEVISION COMMISSION.—The content of programming. So we provide require unanimous consent. Television Commission shall establish rules for a rating system. In my amendment, Does the Senator object? for rating the level of violence or other ob- it is not determined by any Govern- Mr. PRESSLER. I must reserve the jectionable content in television program- ment board. It is determined by indus- right to object. ming, including rules for the transmission by television broadcast stations and cable sys- try getting together with all interested Mr. LIEBERMAN. I am happy to pro- tems of— parties. They are given 1 year on a vol- ceed with my statement. The PRESIDING OFFICER. The Sen- (A) signals containing ratings of the level untary basis to determine a rating sys- of violence or objectionable content in such tem—not some Government fiat, not ator from Connecticut. programming; and some Government dictate, but the in- Mr. LIEBERMAN. I thank the Chair. (B) signals containing specifications for dustry working together with all inter- Mr. PRESSLER. I withdraw my ob- blocking such programming. ested parties on a voluntary basis for 1 jection. year to establish a rating system. The PRESIDING OFFICER. The (3) COMPENSATION OF MEMBERS.— Do you know? I believe they could do amendment is so modified. (A) CHAIRMAN.—The Chairman of the Tele- it without any Government inter- The amendment (No. 1347), as modi- vision Commission shall be paid at a rate ference, without any Government in- equal to the daily equivalent of the min- fied, is as follows: imum annual rate of basic pay payable for volvement. But if they fail after 1 year, On page 3, strike out line 12 and all that level IV of the Executive Schedule under sec- then, yes. We provide that the FCC follows through page 4, line 16, and insert in tion 5314 of title 5, United States Code, for step in and oversee the creation of the lieu thereof the following: each day (including traveltime) during which rating system. SEC. 503. RATING CODE FOR VIOLENCE AND the Chairman is engaged in the performance Do you know what? We have seen OTHER OBJECTIONABLE CONTENT of duties vested in the commission. ON TELEVISION. this done in other industries. We asked (B) OTHER MEMBERS.—Except for the Chair- (a) SENSE OF CONGRESS ON VOLUNTARY ES- the industry that is involved with rec- man who shall be paid as provided under sub- TABLISHMENT OF RATING CODE.—It is the reational software to develop on a vol- paragraph (A), each member of the Tele- sense of Congress— untary basis a rating system. They did (1) to encourage appropriate representa- vision Commission shall be paid at a rate it. They did an excellent job. This is tives of the broadcast television industry equal to the daily equivalent of the min- what they came up with—a thermom- and the cable television industry to establish imum annual rate of basic pay payable for eter that shows levels of violence, in a voluntary manner rules for rating the level V of the Executive Schedule under sec- level of violence or other objectionable con- tion 5315 of title 5, United States Code, for shows sexual activity, shows language each day (including traveltime) during which so that people can make a judgment for tent in television programming, including rules for the transmission by television the member is engaged in the performance of themselves. That is what we are calling duties vested in the commission. for here—parental choice, not govern- broadcast stations and cable systems of— (A) signals containing ratings of the level (4) STAFF.— mental choice. of violence or objectionable content in such Madam President, I ask my col- (A) IN GENERAL.—The Chairman of the Tel- programming; and evision Commission may, without regard to league, Senator LIEBERMAN, for his (B) signals containing specifications for the civil service laws and regulations, ap- comments. blocking such programming; point and terminate an executive director The PRESIDING OFFICER. The Sen- (2) to encourage such representatives to es- and such other additional personnel as may ator from Connecticut. tablish such rules in consultation with ap- be necessary to enable the commission to Mr. PRESSLER. Madam President, propriate public interest groups and inter- perform its duties. The employment of an ex- how much time remains, and who is it ested individuals from the private sector; ecutive director shall be subject to confirma- allocated to? and tion by the commission. (3) to encourage television broadcasters The PRESIDING OFFICER. The Sen- (B) COMPENSATION.—The Chairman of the and cable operators to comply voluntarily ator from South Dakota has 9 minutes, Television Commission may fix the com- with such rules upon the establishment of pensation of the executive director and other and the Senator from North Dakota such rules. personnel without regard to the provisions of has 4 minutes and 40 seconds. (b) REQUIREMENT FOR ESTABLISHMENT OF chapter 51 and subchapter III of chapter 53 of Mr. CONRAD. I give 3 minutes to my RATING CODE.— title 5, United States Code, relating to clas- colleague from Connecticut. (1) IN GENERAL.—If the representatives of The PRESIDING OFFICER. The Sen- the broadcast television industry and the sification of positions and General Schedule ator from Connecticut. cable television industry do not establish the pay rates, except that the rate of pay for the rules referred to in subsection (a)(1) by the executive director and other personnel may AMENDMENT NO. 1347, AS MODIFIED, TO not exceed te rate payable for level V of the AMENDMENT NO. 1275 end of the 1-year period beginning on the date of the enactment of this Act, there shall Executive Schedule under section 5316 of Mr. LIEBERMAN. I thank the Chair. such title. Madam President, I first want to ex- be established on the day following the end (5) CONSULTANTS.—The Television Commis- ercise my ability to send a modifica- of that period a commission to be known as the Television Rating Commission (hereafter sion may procure by contract, to the extent tion of my second-degree amendment in this section referred to as the ‘‘Television funds are available, the temporary or inter- to the desk. Commission’’). The Television Commission mittent services of experts or consultants The PRESIDING OFFICER. Without shall be an independent establishment in the under section 3109 of title 5, United States objection, it is so ordered. executive branch as defined under section 104 Code. The commission shall give public no- Mr. LIEBERMAN. I thank the Chair. of title 5, United States Code. tice of any such contract before entering The PRESIDING OFFICER. The (2) MEMBERS.— into such contract. amendment is so modified. (A) IN GENERAL.—The Television Commis- (6) FUNDING.—There is authorized to be ap- Mr. LIEBERMAN. This is a technical sion shall be composed of 5 members ap- propriated to the Commission such sums as amendment which in part—— pointed by the President, by and with the ad- are necessary to enable the Commission to Mr. PRESSLER. Reserving the right vice and consent of the Senate, of whom— carry out its duties under this Act. (i) three shall be individuals who are mem- to object—— Mr. LIEBERMAN. I thank the chair- The PRESIDING OFFICER. The Sen- bers of appropriate public interest groups or are interested individuals from the private man of the committee. ator from South Dakota. sector; and Mr. LIEBERMAN. Madam President, Madam President, again, I am privi- (ii) two shall be representatives of the leged to join with my colleague from I exercised, I say to the chairman of broadcast television industry and the cable the committee, my right to modify my television industry. North Dakota in this amendment. The second-degree amendment. It is a tech- (B) NOMINATION.—Individuals shall be nom- fact is that every study we have seen nical modification which in part re- inated for appointment under subparagraph shows the extraordinary unacceptable sponds to the suggestion of the ranking (A) not later than 60 days after the date of amount of violence on television. It af- member of the committee to remove the establishment of the Television Commis- fects our children. It makes them more the section of the original amendment sion. violent. The fact is that it is hard to (D) TERMS.—Each member of the Tele- believe that amount of inappropriate, that would have established a system vision Commission shall serve until the ter- of fees to finance the grading board. mination of the commission. objectionable material that the major- Mr. PRESSLER. What is the par- (E) VACANCIES.—A vacancy on the Tele- ity leader has referred to as casual sex liamentary situation? Does this take vision Commission shall be filled in the same on television which affects the violence unanimous consent? manner as the original appointment. of our kids.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8250 CONGRESSIONAL RECORD — SENATE June 13, 1995 One survey I quoted in an earlier I thought the Senator from Lou- At the appropriate place add the following. statement here said the kids them- isiana wished to speak. I would like to SEC. : FINDINGS. selves admitted that what they saw on yield as much time as the Senator from The Senate finds that— television encouraged them to be in- Louisiana would consume. Violence is a pervasive and persistent fea- volved in sexual activity earlier than Mr. BREAUX. I thank the chairman. ture of the entertainment industry. Accord- ing to the Carnegie Council on Adolescent they should have. I would just like to ask a question of Development, by the age of 18, children will It is time finally in our society that the Senator who is the sponsor of the have been exposed to nearly 18,000 televised we focus on some of the major forces amendment. He spoke of the—what was murders and 800 suicides. that affect our values and our chil- it, the choice chip? It would seem to Violence on television is likely to have a dren’s values. We are confronting the me that the TV sets already have serious and harmful effect on the emotional difficult question of the impact of the choice chips. It is called the off and on development of young children. The Amer- entertainment media which is so pow- switch, and when the parent thinks ican Psychological Association has reported erful on our values and on our lives in that the program is not proper for a that children who watch ‘‘a large number of our society. aggressive programs tend to hold attitudes small child in their home, they just go and values that favor the use of aggression This amendment gives the Members turn it off. And that is a choice chip by of this Chamber the opportunity to do to solve conflicts.’’ The National Institute of a different name. But they have the Mental Health has stated similarly that ‘‘vi- more than talk about this problem. right to control what their children see olence on television does lead to aggressive This is an opportunity to do something right now. behavior by children and teenagers.’’ about it—not to create censorship, far I am not sure why we have to order The Senate recognizes that television vio- from it—but under the terms of this companies to build some other kind of lence is not the sole cause of violence in so- amendment to basically get the atten- switch to regulate what children see. It ciety. There is a broad recognition in the U.S. tion of the television industry. is a parental responsibility, I think, to Senator SIMON, our colleague, has Congress that the television industry has an say this is a program that is suitable obligation to police the content of its own been a leader in this. But the fact is, as for my child or it is not. And if it is I understand it, that it is because of his broadcasts to children. That understanding not, you take the little off-on switch was reflected in the Television Violence Act understanding of the television indus- and you go ‘‘flick’’ or you can take the of 1990, which was specifically designed to try that he has offered his sense of the remote control and go ‘‘push’’ and the permit industry participants to work to- Senate. The fact is that the industry program is gone—poof, it is gone, like gether to create a self-monitoring system. has not gotten the message. After years of denying that television vio- we already have a choice chip on the The programs that our kids are see- lence has any detrimental effect, the enter- TV right now. ing are giving them the wrong mes- tainment industry has begun to address the I would like to ask, what is the prob- sage, and it is affecting their behavior problem of television violence. In the Spring lem with the existing chip? and challenging the ability of parents of 1994, for example, the network and cable Mr. CONRAD. The Senator asks a in this country to raise their kids the industries announced the appointment of an very good question, and the problem is independent monitoring group to assess the way they want to raise them. This very often the parents are not home to amount of violence on television. These re- amendment, modified by my second-de- help participate in that choice. Mil- ports are due out in the Fall of 1995 and Win- gree amendment, simply gives the in- lions of American families have both ter of 1996, respectively. dustry a year to create its own stand- The Senate recognizes that self-regulation parents working. Millions of American ards; if they do not, then sets up a rat- by the private sector is generally preferable families are so busy that they do not ing board, two members from the in- to direct regulation by the federal govern- have a chance to monitor every minute dustry, three from the public, to do the ment. of what their children are watching. job. SEC. : SENSE OF THE SENATE. The PRESIDING OFFICER. The Sen- And so what we are providing is when It is the Sense of the Senate that the en- ator’s time has expired. the parent is absent, they are able to tertainment industry should do everything Mr. LIEBERMAN. I thank the Chair. program that television to exclude pro- possible to limit the amount of violent and aggressive programming, particularly during This Senate ought to act on this prob- gramming they find objectionable. Why not? Why should not parents have the hours when children are most likely to lem. be watching. I yield the floor. an ability to say that not just anyone Mr. PRESSLER addressed the Chair. can come into their home, uninvited, Mr. SIMON. Mr. President, in closing The PRESIDING OFFICER. The Sen- and give any message to their kid that the argument, let me say if the indus- ator from South Dakota. they want to give without the parents try on its own moves in this direction, Mr. PRESSLER. Madam President, it being able to stop it? I will applaud the industry for doing it. is the intention of the Commerce Com- Mr. BREAUX. I thank the Senator. But let us not make any mistake, we mittee to hold hearings on this subject Mr. CONRAD. I think the American are moving beyond anything Govern- in the near future. Indeed, Senator people want the chance to say no. ment has ever done before. We are say- HOLLINGS and many others have bills Mr. BREAUX. I think it is a valid re- ing, if the industry in 1 year does not that they have filed, and they have sponse. get this resolved, then a Government been patiently waiting to have hear- I thank the Senator for yielding. I commission is going to determine vio- ings so that we can start a legislative thank the Chair. I yield the floor. lence and objectionable content. That process. Mr. SIMON addressed the Chair. is an intrusion that I hope we can For example, this amendment, before The PRESIDING OFFICER (Mr. avoid. And my reason for hoping we it was amended, said we would have ASHCROFT). The Senator from Illinois. can avoid it is that, frankly, we are had to look at the impact of assessing AMENDMENT NO. 1349 making some progress in the television fees on broadcasters for funding a na- Mr. SIMON. Mr. President, I would industry. On the broadcast side, we are tional commission on TV. like to take my remaining time. I have clearly making progress. No one denies Now, that has been modified, but an amendment at the desk I would that. On the cable side, frankly, very there still are many questions that I offer. little progress has been made. And have about this. And I would inform The PRESIDING OFFICER. The there I hope the industry can move Members that a Simon-Dole-Pressler clerk will report the amendment. ahead. But we are going to have moni- amendment will be coming calling for The legislative clerk read as follows: toring. We are going to have our first renewed efforts by the broadcast indus- The Senator from Illinois [Mr. SIMON], for report come in September of this year try to regulate violent programming. himself, Mr. DOLE, and Mr. PRESSLER, pro- on broadcast, January of next year on It is my strongest feeling that we poses an amendment numbered 1349. cable. Let us let the industry try to re- should vote down the first amendment Mr. SIMON. Mr. President, I ask solve this matter on their own. It is a and adopt the sense-of-the-Senate unanimous consent that reading of the genuine problem. I agree with Senator amendment so that we can clearly amendment be dispensed with. CONRAD and Senator LIEBERMAN on state our views on this matter and pro- The PRESIDING OFFICER. Without that. But I think we have to be careful ceed with legislation in a proper way objection, it is so ordered. how far the Federal Government goes. with hearings and a markup. The amendment is as follows: Mr. CONRAD addressed the Chair.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8251 The PRESIDING OFFICER. The Sen- is coming into the home. It is coming parents to exercise that responsibility ator from North Dakota. into the home because it sells, because by empowering them to control what Mr. CONRAD. How much time do I the market works, because people buy their children see. have remaining? it. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- So the question is, how do you stop it ator’s time has expired. ator has 1 minute 29 seconds. from coming into the home? My first Mr. PRESSLER. I yield back all my Mr. CONRAD. Mr. President, I just preference would be to shame those time. This will be a vote on a motion have to correct the record with respect who are making money out of selling to table. to the statement Senator SIMON made. trash. But if that fails, Mr. President, VOTE ON MOTION TO TABLE AMENDMENT NO. 1275 My amendment does not have any Gov- then clearly there has to be another The PRESIDING OFFICER. The ernment agency determining what is way to try to prevent the trash from question is on agreeing to the motion objectionable content. It is not a gov- coming into the home. The amendment to lay on the table amendment No. 1275 ernmental decision. It is parental offered by the distinguished Senators offered by the Senator from North Da- choice. Parents have a right to decide. from South Dakota and Connecticut is kota [Mr. CONRAD]. The yeas and nays The only involvement of Government the beginning of saying, well, what if have been ordered. The clerk will call is if the industry does not move for- the market will not be subject to the roll. ward with putting in chips, the choice shame? What if it will continue to put The legislative clerk called the roll. chips that will allow parents to make forth trash? Mr. MACK (when his name was these decisions, it will be required on The PRESIDING OFFICER. The Sen- called). Present. new television sets. ator’s time has expired. The PRESIDING OFFICER. Are there Second, with respect to a rating sys- Mr. BRADLEY. Therefore, Mr. Presi- any other Senators in the Chamber de- tem so that parents can determine dent, I think this is a very important siring to vote? what is coming into their homes, if the Senate decision. The result was announced—yeas 26, industry, together with all interested Mr. PRESSLER. Mr. President, I nays 73, as follows: parties, does not reach a determination must now move to table the Conrad [Rollcall Vote No. 256 Leg.] within 1 year, then a commission will amendment. The hour of 8:10 has ar- YEAS—26 determine a rating system. They will rived. I know the Senator from Florida Ashcroft Glenn Packwood not determine that something is objec- wanted 1 minute. I do not know that Burns Grassley Pell tionable and should be blocked from that can be worked out, but I do now Craig Jeffords Pressler D’Amato Kempthorne Robb people’s homes. Not at all. People can move to table the Conrad amendment Dodd Kyl Santorum produce anything they want, but par- No. 1275, and I ask for the yeas and Dole Leahy Simon ents will have a right to choose what nays. Faircloth Lott Specter Feingold Moseley-Braun Thomas comes into their homes. The PRESIDING OFFICER. Is there a Frist Moynihan Under the Dole-Simon amendment, sufficient second? they are saying that the networks can There appears to be a sufficient sec- NAYS—73 come into your home, talk to your ond. Abraham Exon Lieberman The yeas and nays were ordered. Akaka Feinstein Lugar children, say anything they want, and Baucus Ford McCain you cannot stop them. We say that is Mr. GRAHAM. Mr. President, I would Bennett Gorton McConnell wrong. We say that parents ought to be like to ask if the Senator from South Biden Graham Mikulski Dakota will yield 1 minute of his time Bingaman Gramm Murkowski able to choose what their children see. Bond Grams I hope my colleagues will support to me. Murray Boxer Gregg Nickles Mr. PRESSLER. I do yield 1 minute. Bradley Harkin this commonsense amendment that Nunn Breaux Hatch gives parents the right to decide what The PRESIDING OFFICER. Without Pryor objection, the Senator from Florida is Brown Hatfield comes into their homes. Bryan Heflin Reid The PRESIDING OFFICER. The Sen- recognized for 1 minute. Bumpers Helms Rockefeller ator’s time has expired. Mr. GRAHAM. Mr. President, I ask Byrd Hollings Roth Sarbanes Mr. PRESSLER addressed the Chair. unanimous consent to be listed as a co- Campbell Hutchison Chafee Inhofe Shelby The PRESIDING OFFICER. The Sen- sponsor of the Conrad-Lieberman Coats Inouye Simpson ator from South Dakota. amendment. Cochran Johnston Smith Mr. PRESSLER. How much time do I The PRESIDING OFFICER. Without Cohen Kassebaum Snowe have remaining? objection, it is so ordered. Conrad Kennedy Stevens Coverdell Kerrey Thompson The PRESIDING OFFICER. The Sen- Mr. GRAHAM. Mr. President, this is Daschle Kerry Thurmond ator from South Dakota has 3 minutes not an issue of censorship or excessive DeWine Kohl Warner 50 seconds. Government intrusion. This is essen- Domenici Lautenberg Wellstone Mr. PRESSLER. I will use my time tially an issue of empowerment. We are Dorgan Levin to urge Members to vote to table the empowering the parents of children to ANSWERED ‘‘PRESENT’’—1 Conrad amendment. And I urge Mem- make an intelligent choice, which the Mack bers to express their concern on this children by their immaturity often are So the motion to lay on the table the subject by voting for the Dole-Simon- unable to make. Who better to ask in amendment (No. 1275) was rejected. Pressler amendment, which will be a our society to be responsible for what VOTE ON AMENDMENT NO. 1347, AS MODIFIED, TO sense-of-the-Senate, so Members will comes into the minds of young people AMENDMENT NO. 1275 have an opportunity for a followup than those who love them the most and Mr. PRESSLER. Mr. President, I ask vote. have the responsibility for their nur- unanimous consent that the yeas and I urge all Members of the Senate to turing and upbringing? nays be vitiated on amendment No. vote to table the Conrad amendment I believe that we ought to be encour- 1347. No. 1275. aging responsibility beyond just the The PRESIDING OFFICER. Without Mr. BRADLEY. Will the Senator pure dictates of the marketplace from objection, it is so ordered. yield? many aspects of our society. I am very Several Senators addressed the Mr. PRESSLER. The Senator from pleased that three Federal agencies Chair. New Jersey wants 1 minute. Even —the Department of Defense, Amtrak, The PRESIDING OFFICER. The though he is not on my side, I will give and the Postal Service—have joined to- question occurs on the second-degree him 1 minute but then I want the floor gether to establish some standards amendment No. 1347 offered by the Sen- to make my motion. that will not place Federal advertising ator from Connecticut. Mr. BRADLEY. I thank the distin- into programs that are excessively vio- If there be no further debate, the guished Senator. lent. question is on agreeing to the amend- Mr. President, this is the opening I hope that would be a standard of so- ment. round of a very important debate. No- cial responsibility that other sponsors The amendment (No. 1347), as modi- body disputes that too much violence would look to and that we would allow fied, was agreed to.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8252 CONGRESSIONAL RECORD — SENATE June 13, 1995 Mr. LEAHY. Mr. President, I move to AMENDMENT NO. 1335 days to review actions of the FCC. reconsider the vote. Mr. President, I ask unanimous con- Under this provision, the license could Mr. PRESSLER. I ask for the yeas sent that the Senate now resume con- be granted only if the President does and nays on amendment No. 1349. sideration of amendment 1335—it is the not object within 15 days. As Com- VOTE ON AMENDMENT NO. 1275, AS AMENDED Kerrey of Nebraska amendment—the mander in Chief, and the conductor of The PRESIDING OFFICER. The amendment be agreed to and the mo- foreign policy, there may be informa- question occurs on amendment No. 1275 tion to reconsider be laid upon the tion available to a President which as amended. table, all without any intervening ac- would not or should not be available to The amendment (No. 1275), as amend- tion or debate. the FCC in making its findings under ed, was agreed to. The PRESIDING OFFICER. Without the proposed procedure in S. 652. The Mr. LIEBERMAN. Mr. President, I objection, it is so ordered. Exon-Dorgan-Byrd amendment assures move to reconsider the vote. So the amendment (No. 1335) was that the President gets the final say if Mr. GRAHAM. I move to lay that mo- agreed to. a common carrier license is granted to tion on the table. AMENDMENT NO. 1350 a foreign entity. The motion to lay on the table was (Purpose: To assure that the national secu- This amendment should be non-con- agreed to. rity is protected when considering grants troversial and in no way undermines Mr. PRESSLER adressed the Chair. of common carrier license to foreign enti- the foreign investment and ownership The PRESIDING OFFICER. The Sen- ties and other persons) reforms of S. 652. It preserves impor- ator from South Dakota. Mr. PRESSLER. I ask that the pend- tant national security, foreign policy VOTE ON AMENDMENT NO. 1349 ing amendments be laid aside, and I and law enforcement powers of the Mr. PRESSLER. Mr. President, I ask send an amendment to the desk on be- President. for the yeas and nays on amendment half of Senator EXON. I urge my colleagues to support this No. 1349. The PRESIDING OFFICER. Without short but critically important amend- The PRESIDING OFFICER. Is there a objection, it is so ordered. The clerk ment. sufficient second? will report. Mr. BYRD. Mr. President, I strongly There is a sufficient second. The legislative clerk read as follows: support the amendment offered by the The yeas and nays were ordered. distinguished senior Senator from Ne- The PRESIDING OFFICER. The The Senator from South Dakota [Mr. braska [Mr. EXON], and am a co-sponsor question occurs on amendment No. PRESSLER], for Mr. EXON, for himself, Mr. of it along with the distinguished Sen- 1349, offered by the Senator from Illi- DORGAN, and Mr. BYRD, proposes an amend- ment numbered 1350. ator from North Dakota [Mr. DORGAN]. nois [Mr. SIMON]. The yeas and nays have been ordered. Mr. PRESSLER. Mr. President, I ask The international marketplace in tele- The clerk will call the roll. unanimous consent that reading of the communications equipment and service The bill clerk called the roll. amendment be dispensed with. is a very robust, lucrative one, and the The result was announced, yeas 100, The PRESIDING OFFICER. Without opportunities for U.S. companies nays 0, as follows: objection, it is so ordered. abroad are vast. However, this market- [Rollcall Vote No. 257 Leg.] The amendment is as follows: place is subject to many of the same On page 49, line 15 after ‘‘Government (or YEAS—100 kind of barriers to entry as has been its representative)’’ add the following: ‘‘pro- the case for other American business Abraham Feinstein Mack vided that the President does not object sectors. Currently, the US Trade rep- Akaka Ford McCain within 15 days of such determination’’ Ashcroft Frist resentative, Ambassador Kantor, has McConnell On page 50 between line 14 and 15 insert the Baucus Glenn Mikulski following: initiated a 301 case against the Japa- Bennett Gorton Moseley-Braun Biden Graham ‘‘(c) THE APPLICATION OF THE EXON-FLORIO nese in the area of automobile parts, Moynihan after years of frustration in trying to Bingaman Gramm Murkowski LAW.—Nothing in this section (47 U.S.C. 310) Bond Grams Murray shall limit in any way the application of 50 gain fair entry into the Japanese mar- Boxer Grassley Nickles U.S.C. App. 2170 (the Exon-Florio law) to any ket. The Senate has strongly endorsed Bradley Gregg Nunn transaction.’’ Breaux Harkin this action by a vote of 88–8 on a reso- Brown Hatch Packwood Mr. EXON. Mr. President, I rise to lution offered by myself, the two lead- Bryan Hatfield Pell offer an amendment related to the for- ers, and other Senators on both sides of Bumpers Heflin Pressler Burns Helms Pryor eign ownership provisions of the tele- the aisle. Byrd Hollings Reid communications bill. Similar problems of access to foreign Campbell Hutchison Robb S. 652, the pending bill, adds new pro- markets exist in the telecommuni- Chafee Inhofe Rockefeller cedures to permit foreign ownership of cations sector, and the bill as reported Coats Inouye Roth Cochran Jeffords Santorum common carrier licenses if the Federal from the Commerce Committee in- Cohen Johnston Sarbanes Communications Commission [FCC] de- cludes a provision to protect our coun- Conrad Kassebaum Shelby termines that the home country of the try and our companies from unfair Coverdell Kempthorne Simon proposed foreign owner offers recip- competition. The bill as reported by Craig Kennedy Simpson rocal and equivalent market opportuni- the Committee supports an incentives- D’Amato Kerrey Smith Daschle Kerry Snowe ties to Americans. based strategy for foreign countries to DeWine Kohl Specter The Exon-Dorgan-Byrd amendment open their telecommunications mar- Dodd Kyl Stevens Dole Lautenberg clarifies that nothing in the new sec- kets to U.S. companies. It does this by Thomas Domenici Leahy tion limits or affects the application of conditioning new access to the Amer- Dorgan Levin Thompson ican market upon a showing of reci- Thurmond the Exon-Florio law (50 App. 2170) Exon Lieberman which gives the President the power to procity in the markets of the peti- Faircloth Lott Warner Feingold Lugar Wellstone investigate and if necessary prohibit or tioning foreign companies. Current law, that is section 310 of the Commu- So, the amendment (No. 1349) was suspend a merger, takeover or acquisi- nications Act of 1934, provides that a agreed to. tion of an American company by a for- Mr. COCHRAN. Mr. President, I move eign entity when the national security foreign entity may not obtain a com- to reconsider the vote. may be affected by such transaction. mon carrier license itself, and may not Mr. HOLLINGS. I move to lay that Where the proposed FCC procedure own more than 25 percent of any cor- motion on the table. would permit the foreign acquisition of poration which owns or controls a com- The motion to lay on the table was a U.S. telecommunications company mon carrier license. This foreign own- agreed to. and its common carrier licenses, it is ership limitation has not been very ef- Mr. PRESSLER addressed the Chair. important to make clear that the new fective and has not prevented foreign The PRESIDING OFFICER. The Sen- FCC procedure does not pre-empt exist- carriers from entering the U.S. market. ator from South Dakota. ing law affecting foreign mergers, ac- The FCC has had the discretion of Mr. PRESSLER. Mr. President, I quisitions and takeovers. waiving this limitation, if it finds that have 2 or 3 unanimous consent re- Most importantly, our proposed such action does not adversely affect quests. amendment would give the President 15 the public interest.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8253 Nevertheless, maintaining restric- deals with the issue of the actual na- requires that the FCC find that market tions on foreign ownership is generally ture of the foreign telecommunications opportunities in the home market of considered by U.S. industry to be use- market place. Given the highly lucra- the applicant be equivalent to those de- ful as one way to raise the issue of un- tive nature of the telecommunications sired in the U.S. in the specific tele- fair foreign competition and to main- marketplace, the stakes of gaining ac- communications market segment in- tain leverage abroad. Therefore, the cess to foreign markets are high. It volved. Thus, if an applicant wants to bill established a reciprocal market ac- should be no surprise that securing ef- get into the American mobile tele- cess standard as a condition for the fective market access to many foreign phone market, the mobile telephone waiver of Section 310(b). It states that markets, including those of our allies, market of the applicant must be open. the FCC may grant to an alien, foreign such as France, Germany and Japan, I expect that the FCC will be very corporation or foreign government a has been very difficult. Those markets tough, and the President will be very common carrier license that would oth- remain essentially closed to our com- tough, as provided for in the under- erwise violate the restriction in Sec- panies, dominated as they are by large lying amendment pending here, in tion 310(b) if the FCC finds that there monopolies favored by those govern- making a determination that the home are equivalent market opportunities ments. In fact, most European markets market of the applicant is really open for U.S. companies and citizens in the highly restrict competition in basic for our investment and/or operations. foreign country of origin of the cor- voice services and infrastructure. A My second degree amendment would poration or government. study by the Economic Strategy Insti- also require the FCC and the President Even though Section 310 has not pre- tute, in December 1994, found that to look beyond that specific tele- vented access into our market, the ex- ‘‘While the U.S. has encouraged com- communications market segment, and petition in all telecommunication sec- istence of the section has been used by make an evaluation of the accessibility tors except the local exchange, the foreign countries as an excuse to deny of the whole range of telecommuni- overwhelming majority of nations have U.S. companies access to their mar- cations market segments for American discouraged competition and main- kets. The provision in S. 652, applying investment and/or operations. This is tained a public monopoly that has no a reciprocity rule, makes it clear that because the telecommunications mar- incentive to become more efficient. our market will be open to others to ket between the U.S. and our trading the same extent that theirs are open to U.S. firms, as a result of intense com- petition here in the U.S., provide the partners is often very asymmetrical. our investment. This is as it should be. For instance, if a German company The amendment offered by the distin- most advanced and efficient tele- communications services in the world, wants to get into the U.S. mobile guished Senator from Nebraska ensures phone market, we might find, and in- that important factors of national se- and could certainly compete effectively in other markets if given the chance of deed we would find, that the German curity and the overall best interest of mobile phone market is open to U.S. the U.S. from the perspective of law en- an open playing field.’’ The same study found that ‘‘U.S. firms are blocked business access. But the rest of the forcement, foreign policy, the interpre- German market is mainly closed up tation of international agreements, from the majority of lucrative inter- national opportunities by foreign gov- tighter than a dry drum to U.S. invest- and national economic security are ment or entry. So we at least need to protected. The FBI has indicated to me ernment regulations prohibiting or re- stricting U.S. participation and inter- inform ourselves of the real nature of its grave concerns over foreign pene- the international marketplace, and I tration of our telecommunications national regulations which intrinsi- cally discriminate and overcharge U.S. would expect that these evaluations market. Foreign governments whose would be made available to the public, interests are adverse to the U.S., for- firms and consumers.’’ This study found that the total loss in revenues to in detail and in a timely way. Over the eign drug cartels, international crimi- long run, if we determine a persistent nal syndicates, terrorist organizations, U.S. firms, as a result of foreign bar- riers, is estimated to be close to $100 pattern of imbalance and unfairness, as and others who would like to own, op- a whole, exists in telecommunications erate, or penetrate our telecommuni- billion per year between 1992 and the end of the century. markets, further action to force for- cations market should be prohibited eign markets open will have to be con- from doing so. Therefore, the Exon- As my colleagues are aware, the ne- gotiations which led to the historic re- sidered. Dorgan-Byrd amendment gives the Mr. President, this is an effort to ad- president the authority to overturn an vision of the GATT agreement, and which created the World Trade Organi- vance our understanding of the nature FCC decision to grant a waiver of the zation, were unable to conclude an of the evolving international market- restrictions of Section 310. This is agreement on telecommunications place for the range of exploding tech- based, of course, on the superior infor- services. Thus, separate negotiations nologies in the telecommunications mation available to the President by are underway in Geneva today to se- field, and to ensure that America is virtue of the resources available to him cure such an agreement, in the context treated fairly and in a reciprocal man- across the board in the Executive of the Negotiating Group on Basic ner. I congratulate the committee for branch. The president must have a veto Telecommunications. In the absence of the reciprocity provision and I hope in this field, and he should not hesitate such an agreement, we must rely on that the modest contribution that Sen- to exercise this authority. our own laws to protect our companies ators EXON, DORGAN, and I make with Mr. President, my second degree and to provide leverage over foreign this amendment will add something of amendment provides that, in the event nations to open their markets. To fore- value to that provision. that the President should reject a rec- go our own national leverage would do AMENDMENT NO. 1351 TO AMENDMENT NO. 1350 ommendation by the FCC to grant a li- a great disservice to American business cense to a foreign entity to operate in and would be shortsighted—the result (Purpose: To require a report on objections our market, the President shall provide of which would be not only a setback to determinations of the Federal Commu- a report to the Congress on the find- to our strategy to open those markets, nications Commission for purposes of ter- mination of foreign ownership restrictions ings he has made in the particular case but to pull the rug out from under our and the factors that he took into ac- and to revise the determinations of market negotiators in Geneva seeking to se- opportunities for such purposes) count in arriving at his determination. cure a favorable international agree- Mr. PRESSLER. I send a second-de- The Congress needs to be kept in the ment for open telecommunications gree amendment to the desk on behalf loop on the evolution of our tele- markets. Indeed, tough U.S. reci- communications market. The reports procity laws are clearly needed by our of Senator BYRD. can be provided in classified and/or un- negotiators to gain an acceptable, ef- The PRESIDING OFFICER. The classified form, as appropriate, since fective, market-opening agreement in clerk will report the amendment. many of the national security factors Geneva in these so-called GATT (Gen- The legislative clerk read as follows: that might pertain in a particular case eral Agreement on Trade in Services) The Senator from South Dakota [Mr. are sensitive and should be protected. negotiations. PRESSLER], for Mr. BYRD, for himself and Mr. In addition, Mr. President, my The standard for access into the EXON, proposes an amendment numbered amendment has a second section which American market in the reported bill 1351.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8254 CONGRESSIONAL RECORD — SENATE June 13, 1995 Mr. PRESSLER. Mr. President, I ask move to bring to a close debate on Calendar entitled ‘‘The Federal Employees Emergency unanimous consent that reading of the No. 45, S. 652, the telecommunications bill: Leave Transfer Act of 1995’’; to the Com- amendment be dispensed with. Trent Lott, Larry Pressler, Judd Gregg, mittee on Governmental Affairs. The PRESIDING OFFICER. Without Don Nickles, Rod Grams, Rick EC–973. A communication from the Direc- Santorum, Craig Thomas, Spencer tor of the Office of Personnel Management, objection, it is so ordered. Abraham, Bob Dole, Ted Stevens, transmitting, pursuant to law, the report The amendment is as follows: Larry Craig, Mike DeWine, John under the Chief Financial Officers Act of On page 1 of the amendment, line 4, strike Ashcroft, Robert Bennett, Hank Brown, 1990; to the Committee on Governmental Af- out ‘‘determination.’’ and insert in lieu and Conrad Burns. fairs. thereof the following: ‘‘determination. If the f EC–974. A communication from the Chief President objects to a determination, the Operating Officer/President of the Resolu- President shall, immediately upon such ob- MESSAGES FROM THE PRESIDENT tion Funding Corporation, transmitting, pur- jection, submit to Congress a written report suant to law, a report relative to internal (in unclassified form, but with a classified Messages from the President of the controls for 1993 and 1994; to the Committee annex if necessary) that sets forth a detailed United States were communicated to on Governmental Affairs. explanation of the findings made and factors the Senate by Mr. Thomas, one of his EC–975. A communication from the Chair considered in objecting to the determina- secretaries. of the Federal Energy Regulatory Commis- tion.’’ f sion, transmitting, pursuant to law, the 1994 On page 49, line 17, insert after the period annual report under the Government in the the following: ‘‘While determining whether EXECUTIVE MESSAGES REFERRED Sunshine Act; to the Committee on Govern- such opportunities are equivalent on that As in executive session the Presiding mental Affairs. basis, the Commission shall also conduct an EC–976. A communication from the Execu- evaluation of opportunities for access to all Officer laid before the Senate messages tive Director of the Neighborhood Reinvest- segments of the telecommunications market from the President of the United ment Corporation, transmitting, pursuant to of the applicant.’’ States submitting sundry nominations law, the 1994 annual report under the Gov- Mr. EXON. Mr. President, I am which were referred to the appropriate ernment in the Sunshine Act; to the Com- pleased to support and cosponsor Sen- committees. mittee on Governmental Affairs. (The nominations received today are EC 977. A communication from the chair- ator BYRD’s amendment to the Exon- man of the Council of the District of Colum- Dorgan-Byrd foreign investment printed at the end of the Senate pro- ceedings.) bia, transmitting, pursuant to law, copies of amendment. This friendly amendment D.C. Act 11–51, adopted by the Council on would require the President to report f May 2, 1995; to the Committee on Govern- mental Affairs. to the Congress in a classified and un- REPORT OF THE DEPARTMENT OF classified form. EC 978. A communication from the chair- HOUSING AND URBAN DEVELOP- man of the Council of the District of Colum- This report mirrors the reporting MENT FOR CALENDAR YEARS provisions of the 1993 Exon-Byrd bia, transmitting, pursuant to law, copies of 1993—MESSAGE FROM THE PRESI- D.C. Act 11–52, adopted by the Council on amendment to the Exon-Florio law. I DENT—PM 55 May 2, 1995; to the Committee on Govern- am pleased to lend my full support to mental Affairs. my friend and colleague from West Vir- The PRESIDING OFFICER laid be- EC 979. A communication from the chair- ginia. fore the Senate the following message man of the Council of the District of Colum- Mr. PRESSLER. I ask unanimous from the President of the United bia, transmitting, pursuant to law, copies of consent that the amendment be agreed States, together with an accompanying D.C. Act 11–53, adopted by the Council on to and the motion to reconsider be laid report; which was referred to the Com- May 2, 1995; to the Committee on Govern- on the table. mittee on Banking, Housing, and mental Affairs. Urban Affairs. EC 980. A communication from the chair- The PRESIDING OFFICER. Without man of the Council of the District of Colum- objection, it is so ordered. To the Congress of the United States: bia, transmitting, pursuant to law, copies of So the amendment (No. 1351) was Pursuant to the requirements of 42 D.C. Act 11–54, adopted by the Council on agreed to. U.S.C. 3536, I transmit herewith the May 2, 1995; to the Committee on Govern- Mr. PRESSLER. Mr. President, I ask 29th Annual Report of the Department mental Affairs. unanimous consent that the Exon of Housing and Urban Development, EC 981. A communication from the chair- man of the Council of the District of Colum- amendment be agreed to and the mo- which covers calendar year 1993. tion to reconsider be laid upon the bia, transmitting, pursuant to law, copies of WILLIAM J. CLINTON. D.C. Act 11–55, adopted by the Council on table. THE WHITE HOUSE, June 13, 1995. May 2, 1995; to the Committee on Govern- The PRESIDING OFFICER. Without f mental Affairs. objection, it is so ordered. EC 982. A communication from the chair- So the amendment (No. 1350), as EXECUTIVE AND OTHER man of the Council of the District of Colum- amended, was agreed to. COMMUNICATIONS bia, transmitting, pursuant to law, copies of Mr. PRESSLER. Mr. President, I be- The following communications were D.C. Act 11–56, adopted by the Council on May 2, 1995; to the Committee on Govern- lieve that that brings our activities on laid before the Senate, together with the telecommunications bill to a close mental Affairs. accompanying papers, reports, and doc- EC 983. A communication from the chair- today. I think we have made good uments, which were referred as indi- man of the Council of the District of Colum- progress, and I think the committee cated: bia, transmitting, pursuant to law, copies of bill has held together. I know there are EC–969. A communication from the Direc- D.C. Act 11–59, adopted by the Council on Senators present with speeches, but I tor of the Institute of Museum Services, May 2, 1995; to the Committee on Govern- wish to thank all Senators. transmitting, pursuant to law, the report mental Affairs. The PRESIDING OFFICER. The Sen- under the Federal Managers’ Financial In- f ator from Mississippi. tegrity Act; to the Committee on Govern- mental Affairs. INTRODUCTION OF BILLS AND f EC–970. A communication from the Comp- JOINT RESOLUTIONS CLOTURE MOTION troller General of the United States, trans- The following bills and joint resolu- mitting, pursuant to law, notice of the re- tions were introduced, read the first Mr. COCHRAN. Mr. President, I send ports and testimony for April 1995; to the a cloture motion to the desk. Committee on Governmental Affairs. and second time by unanimous con- The PRESIDING OFFICER. The clo- EC–971. A communication from the Execu- sent, and referred as indicated: ture motion having been presented tive Director of the Federal Retirement By Mr. DOMENICI (for himself and Mr. under rule XXII, the Chair directs the Thrift Investment Board, transmitting, a BOND): clerk to read the motion. draft of proposed legislation to amend Title S. 917. A bill to facilitate small business in- The bill clerk read as follows: 5, United States Code, to provide additional volvement in the regulatory development investment funds for the thrift savings plan; processes of the Environmental Protection CLOTURE MOTION to the Committee on Governmental Affairs. Agency and the Occupational Safety and We, the undersigned Senators, in accord- EC–972. A communication from the Direc- Health Administration, and for other pur- ance with the provisions of rule XXII of the tor of the Office of Personnel Management, poses; to the Committee on Small Business. Standing Rules of the Senate, do hereby transmitting, a draft of proposed legislation By Mr. EXON:

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8255 S. 918. A bill to prohibit the payment of A few months ago the Senate Small The small business men and women certain Federal benefits to any person not Business Committee kicked off a series of America aren’t asking to abolish lawfully present within the United States, of field hearings entitled ‘‘Entrepre- regulations, they are asking for an op- and for other purposes; to the Committee on neurship in America,’’ with the first portunity to work with agencies to es- Finance. hearing in Albuquerque. These hear- By Mr. COATS (for himself and Mrs. tablish an effective mechanism for KASSEBAUM): ings focused on 7 issues affecting Amer- drafting regulations. The New Mexico S. 919. A bill to modify and reauthorize the ican small businesses: the Federal tax Small Business Council members, as Child Abuse Prevention and Treatment Act, burden, cost of employment, environ- well as Sal Risalvato from New Jersey, and for other purposes; to the Committee on mental compliance, OSHA compliance, have said they agree regulation is nec- government intrusion on the family Labor and Human Resources. essary and everyone benefits from rea- f farm, banking system restrictions, and unreasonable legal exposure costs. sonable regulations on health and safe- STATEMENTS ON INTRODUCED Many members of the Small Business ty. The small business men and women BILLS AND JOINT RESOLUTIONS Advocacy Council testified at the Albu- are pleading for a vehicle of coopera- tion to act in an advisory capacity to By Mr. DOMENICI (for himself querque field hearing of the Senate Small Business Committee chaired by the government on regulatory impacts and Mr. BOND): my good friend and distinguished col- and costs. S. 917. A bill to facilitate small busi- league, KIT BOND. ness involvement in the regulatory de- So, at their suggestion, I am pleased The concerns vetted in this field velopment processes of the Environ- to introduce the Small Business Advo- hearing were not unique to New Mex- mental Protection Agency and the Oc- cacy Act of 1995. This act will establish ico. In fact, the Washington Post insert cupational Safety and Health Adminis- a small business review panel to facili- of June 6, ran a very illustrative story tate small business involvement in the tration, and for other purposes; to the on the Small Business White House Committee on Small Business. Conference. This story focused on Sal regulatory development process within THE SMALL BUSINESS ADVOCACY ACT OF 1995 Risalvato, a White House Conference the EPA and OSHA. These panels will Mr. DOMENICI. Essentially, Mr. delegate from New Jersey. Mr. be responsible for providing technical President, this bill will establish the Risalvato runs a gasoline service sta- guidance for issues impacting small process whereby small business in each tion in Morristown, NJ, and he relates businesses, such as applicability, com- of our respective States will be in- a familiar tale of struggling to cope pliance, consistency, redundancy, read- volved in the process of writing the with a continuous stream of new EPA ability, and any other related concerns rules and regulations for both OSHA regulations. He cites that these regula- that may affect them. This panel will and EPA. I think it is an exciting idea tions are difficult to understand and then provide recommendations to the that came right from small business. require the constant expenditure of appropriate agency personnel respon- I note that the chairman of the capital—capital that could have been sible for developing and drafting the Small Business Committee, Senator otherwise used to expand the business relevant regulations. Why EPA and BOND, is a cosponsor. I thank him for and create more jobs. I ask unanimous OSHA? They were repeatedly cited as his assistance. Mr. President, on behalf consent that a copy of this article be the most onerous and costly agencies of the small business women and men inserted in the RECORD at the conclu- to small business. in America, I am pleased to offer a bill sion of my remarks. to create a Small Business Advocacy In June 1994, the General Accounting The panel will be chaired by a senior Review Panel. This bill has been devel- Office delivered a report to the House official of the agency and will include oped because of the suggestions of a Committee on Education and Labor en- staff responsible for development and committed group of New Mexican titled ‘‘Workplace Regulation—Infor- drafting of the regulation, a represent- small business people. I am also mation on Selected Employer and ative from OIRA, a member of the SBA pleased that the distinguished chair- Union Experiences.’’ advocate office, and up to three rep- man of the Senate Committee on Small I recently discussed this report with resentatives from small businesses es- Business is joining me as an original the GAO because I found its results so pecially affected. This will allow the cosponsor of this measure. I am also strikingly similar to the findings of the actual small business owners, or their New Mexico Small Business Advocacy pleased to say that the National Fed- representative associations, to have a Council and the gentleman from New eration of Independent Business sup- voice in the massive regulatory process Jersey cited in the Post article. The ports this bill. that affects them so much. The panel objective of the GAO report was to: has a total of 45 days to meet and de- This week, the White House Con- First, identify and analyze the charac- ference on Small Business is convening teristics of the major statutes com- velop its recommendations before a here in Washington. This is an event I prising the framework of workplace rule is promulgated or a final rule is am particularly interested in since I regulation and, second, describe the ac- issue. This panel’s recommendations, introduced the legislation that author- tual experiences of a wide range of em- both the majority and minority views, izes these national conferences with ployer and employee representatives will be reported to the appropriate small business men and women. I with workplace regulation. agency personnel before the rule- would like to welcome all the delegates The GAO identified 26 statutes and making and the agency will ensure from New Mexico and ask unanimous one Executive order on workplace regu- that the panel’s recommendations, and consent to place a list of their names lation and sought comments, on a con- the agency’s response to them, are in- in the RECORD at the conclusion of my fidential basis, from a broad range of 36 cluded in any notice of final rule- remarks. employers and union representatives. making. In early 1994, I formed a Small Busi- Those interviewed generally accepted ness Advocacy Council in New Mexico. the importance of workplace regula- Finally, this act will also provide for I asked this group to advise me about tions. There were frequently voiced a peer review survey to be conducted the problems of small businesses and concerns, however, with the operation on regulations. This idea is analogous how Congress might address some of of the overall regulatory process of to what the private sector routinely their concerns. This council held 7 many agencies and about whether the practices. A customer survey, con- meetings in 6 locations throughout the agencies’ regulatory goals were being tracted and conducted with a private State of New Mexico with more than achieved. Last year there were over sector firm, will sample a cross-section 400 businesses participating. The con- 8,000 rules and regulations that were of the affected small business commu- sistent theme at all of these meetings promulgated. Obviously, not every rule nity responsible for complying with the was the appearance of an adversarial can, or needs to be, reviewed. However, sampled regulation. This valuable relationship between the Federal Gov- there are currently approximately 46 input on regulatory issues impacting ernment and business, and the lack of rulemakings pending at EPA that are small businesses will be made available accountability of regulatory agencies termed significant, with an economic to the Small Business Advocacy Re- in their dealings with business. impact exceeding $100 million. view Board to assist in their review

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8256 CONGRESSIONAL RECORD — SENATE June 13, 1995 processes and will also be made avail- the federal government now is attempting to plete limited resources that could better be able to interested parties and organiza- blackmail me, my governor, the motorists of used to expand the business. tions upon request. my state, and my fellow service station own- Among other changes, my fellow small- I believe that this panel, working to- ers in New Jersey. business owners want paperwork reduction, a New Jersey probably has one of the best review process for regulations and the right gether so all viewpoints are rep- motor vehicle inspection systems in the to challenge excessive or unnecessary regu- resented, will be the crux of reason- country. Under current law, motorists must lations in court. able, consistent and understandable have their car emissions systems and safety If the burdens of excessive regulations are rulemaking. I am very concerned about items such as brakes inspected annually, ei- lifted from our backs, we can do even better the adversarial manner in which our ther at a state inspection site or a licensed what we already are the best at—creating small businesses perceive their govern- private repair facility such as mine. jobs. ment. Much of this adversarial rela- In order to meet EPA requirements, the State of New Jersey will have to invest mil- tionship has grown from years of mis- LIST OF NEW MEXICO DELEGATES TO THE lions of dollars for new equipment at the WHITE HOUSE CONFERENCE ON SMALL BUSI- understanding of impacts and effects state inspection sites. And I, along with NESS, JUNE 12–14 and a lack of communication. I want to other private businesses that want to con- 1. Angela Atterbury, Atterbury and Associ- improve our rulemaking and regu- tinue performing inspections, will each have ates, Inc. latory process through cooperation and to spend $40,000 to $100,000 for new equip- 2. Lynne K. Behnfield, Lynfield Consulting, collaboration and I urge my colleagues ment. Inc. to support this act. Since many service stations, including 3. Diane D. Denish, The Target Group. Mr. President, I ask that unanimous mine, can’t afford to buy the new, mandated 4. Maria Estela de Rios, ORION Int’l. Tech- equipment, we small business owners will be consent that additional material be nologies, Inc. forced to give up an important profit center. 5. Joyce Freiwald, F2 Associates, Inc. printed in the RECORD. I am running out of family members who There being no objection, the mate- 6. Scott Garrett, New Mexico Sports and have money to lend, and those family mem- Wellness. rial was ordered to be printed in the bers who do have money are running out be- 7. Jim Greenwood, Greenwood Consulting RECORD, as follows: cause they always have been lending it to Group. [From the Washington Post, June 6, 1995] me. 8. Janet Kerley, Monteverde, Inc. N.J. Gov. Christine Todd Whitman has A TALE OF PUMPING GAS WITH ONE HAND, 9. Chet Lytle, Communications Diversified, been negotiating with the EPA to lessen the HOLDING OFF GOVERNMENT WITH THE OTHER Inc. burden on our state. But ultimately, if the (By Sal Risalvato) 10. Annique Malm, Healthcare Business So- state refuses to adopt an inspection system lutions, Inc. I wonder if my small business can survive suitable to the EPA, the Department of 11. Ioana McNamara, Permacharge Corp. another onslaught of excessive federal regu- Transportation will withhold $217 million in 12. James M. Parker, Modrall Law Firm. lations. And if it can’t, what will happen to federal highway funds. 13. George Shaffer, Insurance Center. my livelihood and that of my employees who This would hurt the whole state. 14. Carolyn Sigstedt, Tewa Enterprises. depend on me for jobs? There’s no doubt that if these regulations 15. Larry Scheffield. I have learned through firsthand experi- were less stringent or if they were elimi- 16. John Lorentzen, Southwest Realty In- ence how the burden created by federal regu- nated altogether, I would have more money vestment. lations can hurt a small business. to expand my business and to create jobs. Since 1987, when I bought Riverdale Tex- When I bought my business, my dream was By Mr. EXON: aco, a gasoline service station in Morris to add on three or four service bays, a sales County, N.J., costly regulations have room, an employee room, and storage and of- S. 918. A bill to prohibit the payment touched every aspect of my small business, fice space to meet what I hoped would be my of certain Federal benefits to any per- from the sale of petroleum products to the growing business’ needs. son not lawfully present within the repair service my employees provide. Now, to make the best use of space inside United States, and for other purposes; My first experience with federal regula- the main building, our offices are housed in to the Committee on Finance. tions occurred even before I bought the sta- a trailer on the side of my building. Twice in THE ILLEGAL ALIEN BENEFITS PROHIBITION ACT tion. Because of the government’s response the past seven years, the local board of ad- OF 1995 to rising environmental concerns, I had to justment has granted us temporary permis- assemble additional financing in order to sion to keep our office. Each time, I ex- Mr. EXON. Mr. President, I introduce make sure that the station I bought had un- plained to the board that costly government a bill intended to eliminate the pay- derground storage tanks that were in good regulations are slowing down my expansion ment of Federal benefits to illegal shape. The tanks in my new station, for plans. And that once I’m able to expand, I’ll aliens. I spoke on this issue in detail which I did pay a premium, had been in- hire at least seven more people. yesterday and I rise to formally intro- stalled just a year earlier. Anyone can see how federal regulations are duce the bill today. However, within five years, the Environ- stifling my small business. Some people say I believe that as we begin to debate mental Protection Agency (EPA) altered the small-business owners don’t care about regulations for underground storage tanks, health and safety or that we are anti-envi- the welfare reform bill, we have a gold- requiring me to spend another $95,000. ronment. Nothing could be further from the en opportunity to stop, once and for Although it wasn’t the government’s fault, truth. all, paying benefits to illegal aliens. I this $95,000 was especially difficult for me to The small-business community agrees that also believe that we can forge a new come by. I had been left virtually broke after some regulation is necessary. We, too, ben- compact between the States and the losing my first service station in 1986 when efit from reasonable regulations, and I care Federal Government. If the States can my landlord wouldn’t renew my lease be- about employee safety and environmental stand with us and help to identify and cause he believed he could put his rapidly- protection. I drink the same water and appreciating property to more profitable use breathe the same air as everyone else. I have verify alien status, we will provide than as a service station. no desire to see the quality of either jeopard- them the necessary funds. We can also In fact, while operating my new station, I ized. allow States to deny benefits to illegal was still paying debts from the station I had But federal bureaucrats need to step back aliens. lost to its landlord. So, coming up with an and re-evaluate the damage their actions in- I intend to pursue this matter to the additional $95,000 to meet new and unex- flict on the free enterprise system. end, and I urge my colleagues to sup- pected governmental regulations meant bor- Congress must make sure that no new re- port this measure. rowing from family members. My father bor- quirements are put on the books unless the Mr. President, I ask unanimous con- rowed the money he lent me, using his home benefits outweigh the costs, and there should as collateral. be a clear understanding of what the nation sent that the text of the bill be printed Fortunately, Texaco also provided me with is getting in return. in the RECORD. funds in exchange for a supply contract. The regulatory situation for small business There being no objection, the bill was To me, this was government extortion be- is approaching crisis proportions. ordered to be printed in the RECORD, as cause I would have been forced out of busi- Each year, I spend many hours and dollars follows: ness if I hadn’t met the EPA’s new require- completing government paperwork and try- S. 918 ments. Many service station owners without ing to comply with all the regulations. Be- the money to meet the new requirements sides the time I spend actually filling out the Be it enacted by the Senate and House of Rep- have gone out of business or have stopped forms, there’s the time spent trying to un- resentatives of the United States of America in selling gasoline and are trying to get by on derstand the paperwork and identify the in- Congress assembled, the income from other products and services. formation needed. SECTION 1. SHORT TITLE. I had thought the EPA had inflicted These requirements take valuable time This Act may be cited as the ‘‘Illegal Alien enough pain and torture on my business, but away from running a small business and de- Benefits Prohibition Act of 1995’’.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8257 SEC. 2. PROHIBITION ON PAYMENT OF FEDERAL (c) AUTHORIZATION OF APPROPRIATIONS.— lies involved and the numbers dupli- BENEFITS TO CERTAIN PERSONS. There are authorized to be appropriated such cate reports, we know that each year (a) IN GENERAL.—Notwithstanding any sums as may be necessary to carry out the as many as 700,000 families are being other provision of law and except as provided purpose of this section. in subsection (b), Federal benefits shall not unnecessarily investigated—their chil- be paid or provided to any person who is not By Mr. COATS (for himself and dren are being questioned and family a person lawfully present within the United Mrs. KASSEBAUM): life disrupted. States. S. 919. A bill to modify and reauthor- This is a concern, but the most im- (b) EXCEPTIONS.—Subsection (a) shall not ize the Child Abuse Prevention and portant problem is this: unnecessary apply with respect to the following benefits: Treatment Act, and for other purposes; investigations are overwhelming the (1) Emergency medical services under title child protection system, and thereby XIX of the Social Security Act. to the Committee on Labor and Human (2) Short-term emergency disaster relief. Resources. preventing caseworkers from getting to (3) Assistance or benefits under the Na- THE CHILD ABUSE PREVENTION AND TREATMENT those children who are truly in need of tional School Lunch Act. ACT AMENDMENTS OF 1995 help. (4) Assistance or benefits under the Child ∑ Mr. COATS. Mr. President: I intro- It is important to note that few of Nutrition Act of 1966. duce the Child Abuse Prevention and the unfounded reports are made mali- (5) Public health assistance for immuniza- ciously. The reporter is usually well-in- tions with respect to immunizable diseases Treatment Act Amendments of 1995. and for testing and treatment for commu- Child abuse is an issue which pro- tentioned, but unclear as to what con- nicable diseases. vokes our anger and anguish, and stitutes maltreatment. A vague sus- (c) DEFINITIONS.—For purposes of this which demands our attention as legis- picion that something may be wrong Act— lators. Our Nation’s outrage on this sets in motion a legal obligation on the (1) FEDERAL BENEFITS.—The term ‘‘Federal Topic was renewed with the murder of part of child protective services to in- benefit’’ means— Susan Smith’s children. It is impos- vestigate. (A) the issuance of any grant, contract, sible to comprehend how those who are This burden of empty accusations loan, professional license, or commercial li- cense provided by an agency of the United entrusted with protecting children can helps explain why between 25 to 50 per- States or by appropriated funds of the hurt them, maim them, and even take cent of child abuse deaths involve chil- United States; and their lives. In fact, it was cases just dren previously known to the authori- (B) any retirement, welfare, Social Secu- like this—involving the severe abuse ties. With caseworkers spending sig- rity, health, disability, veterans benefit, and death of children—which led to nificant amounts of time investigating public housing, education, food stamps, un- Senate hearings in 1973, and eventually every allegation of child maltreat- employment benefit, or any other similar to the development of the Child Abuse ment, no matter how tenuous, it is un- benefit for which payments or assistance are Prevention and Treatment Act. derstandable that children who are provided by an agency of the United States CAPTA was first authorized in 1974 or by appropriated funds of the United truly in need of help are missed or ig- States. and is the only Federal program spe- nored. (2) VETERANS BENEFIT.—The term ‘‘vet- cifically aimed at child abuse preven- Mr. President, the legislation that I erans benefit’’ means all benefits provided to tion and treatment. CAPTA has served am introducing today addresses some veterans, their families, or survivors by vir- as a catalyst, encouraging States to do of the failings in the current system, tue of the service of a veteran in the Armed some important things: Develop pro- and addresses ways that we can better Forces of the United States. grams of prevention and treatment; target attention to those children in (3) PERSON LAWFULLY PRESENT WITHIN THE educate law enforcement and judicial UNITED STATES.—The term ‘‘person lawfully desperate need of protection. The legis- present within the United States’’ means a personnel; and to develop crisis hot- lation proposes to encourage the States person who, at the time the person applies lines, self-help groups, volunteer train- through the development of risk as- for, receives, or attempts to receive a Fed- ing, and public awareness campaigns. sessment protocols, improved training eral benefit, is a United States citizen, a per- In 1993, the National Committee for of child protection workers, and en- manent resident alien, an asylee, a refugee, a the Prevention of Child Abuse and ne- hanced community awareness and pub- parolee, a national, or a national of the glect reported that there were 2,898,000 lic education. United States for purposes of the immigra- child maltreatment reports. This rep- The legislation was drafted following tion laws of the United States (as defined in resents a twentyfold increase from a fruitful hearing that examined some section 101(a)(17) of the Immigration and Na- 1963, when there were about 150,000 re- tionality Act (8 U.S.C. 1101(a)(17)). of the critical child protection issues ports. Federal and State expenditures SEC. 3. STATE OBLIGATION. facing our Nation today and particu- Notwithstanding any other provision of for child protection programs and asso- larly their impact on the families and law, a State that administers a program that ciated foster care programs now exceed children who come in contact with the provides a Federal benefit (described in sec- $6 billion a year. The heightened child protective system. tion 2(c)(1)) or provides State benefits pursu- awareness in the public regarding the A great deal is at stake in these mat- ant to such a program shall not be required issue of child abuse, and the cor- ters. The protection of children from to provide such benefit to a person who is responding increase in Federal and abuse is a demand of our conscience not a person lawfully present within the State dollars, is partially due to the and a demand of our laws. Our concern United States through a State agency or passage of mandatory reporting laws— with appropriated funds of such State. and compassion should be broad. But required by CAPTA—and the media SEC. 4. VERIFICATION OF ELIGIBILITY. the system charged with protecting (a) IN GENERAL.—Not later than 18 months campaigns that have accompanied children must be focused to be effec- after the date of the enactment of this Act, them. Certainly, many thousands of tive. And that is the only measure of the Attorney General of the United States, children have been saved from serious our success—when a child is effectively after consultation with the Secretary of injury, and even death, during the last shielded from abuse and neglect. Health and Human Services, shall promul- 20 years. This requires a serious revision of gate regulations requiring verification that a Unfortunately, a byproduct of this our current approach—not its goal, but person applying for a Federal benefit, includ- heightened public awareness has been some of its methods. And I hope that ing a benefit described in section 2(b), is a an explosion in the number of un- person lawfully present within the United with this legislation we can begin that States and is eligible to receive such benefit. founded reports of child abuse and ne- process in earnest. Such regulations shall, to the extent fea- glect. The staggering number of re- For the information of my col- sible, require that information requested and ports that are determined to be un- leagues, I will summarize some of the exchanged be similar in form and manner to founded tell a disturbing tale. Accord- provisions of the bill. information requested and exchanged under ing to the annual 50-State survey of Title I reauthorizes State grants and section 1137 of the Social Security Act. the National Committee To Prevent demonstration grants, makes reporting (b) STATE COMPLIANCE.—Not later than 24 Child Abuse, only 34 percent of the re- and data collection requirements more months after the date the regulations de- ports received by child protective serv- scribed in subsection (a) are adopted, a State effective, and eliminates certain bu- that administers a program that provides a ices were substaintiated. This means reaucratic bodies. Federal benefit described in such subsection that two-thirds of all abuse and neglect The bill repeals the current mandates shall have in effect a verification system reports are unsubstantiated. When you for a National Center on Child Abuse that complies with the regulations. take into account the number of fami- and Neglect, for the U.S. Advisory

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8258 CONGRESSIONAL RECORD — SENATE June 13, 1995 Board on Child Abuse and Neglect, and family support services—of the Stewart TITLE IV—ADOPTION OPPORTUNITIES the Inter-Agency Task Force on Child B. McKinney Homeless Assistance Act Sec. 401. Reference. Abuse and Neglect. Instead the sec- to create a comprehensive commu- Sec. 402. Findings and purpose. Sec. 403. Information and services. retary has discretion to establish an nity—based family resource program. Sec. 404. Authorization of appropriations. Office on Child Abuse and Neglect to The new program provides for broad- TITLE V—ABANDONED INFANTS coordinate the functions of this Act, based networks of child abuse and pre- ASSISTANCE ACT OF 1986 and to appoint an advisory board to re- vention programs and other family re- Sec. 501. Reauthorization. port on specific issues. source and support programs. TITLE VI—REAUTHORIZATION OF The data collection function for the Title III reauthorizes the Family Vi- VARIOUS PROGRAMS National Clearinghouse would be ex- olence Prevention and Services Act, Sec. 601. Missing Children’s Assistance Act. panded. In addition, the research ac- which provides grants to States to as- Sec. 602. Victims of Child Abuse Act of 1990. tivities function, coordinated by the sist in supporting programs and TITLE I—GENERAL PROGRAM Secretary of HHS, is restructured to projects to prevent incidents or family SEC. 101. REFERENCE. require a continuing program of re- violence and provide immediate shelter Except as otherwise expressly provided, search aimed at better protecting chil- for victims of family violence. whenever in this title an amendment or re- dren from abuse and neglect. Title IV reauthorizes the Adoption peal is expressed in terms of an amendment The bill authorizes demonstration Opportunities Act, which a few tech- to, or repeal of, a section or other provision, grants to encourages State and local nical changes and a new requirement the reference shall be considered to be made innovation in training professionals, that the Secretary report on the effi- to a section or other provision of the Child families, service providers, and com- cacy of the current system of recruit- Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.). munities and providing information ment for prospective foster care and/or SEC. 102. FINDINGS. and assistance to individuals, agencies, adoptive parents. Section 2 (42 U.S.C. 5101 note) is amended— and organizations through child abuse Title V reauthorizes the Abandoned (1) in paragraph (1), the read as follows: resource centers; parent mutual sup- Infants Assistance Act, which provides ‘‘(1) each year, close to 1,000,000 American port and self help programs; and other discretionary grants to States to pre- children are victims of abuse and neglect;’’; innovative programs, such as estab- vent abandonment of children and to (2) in paragraph (3)(C), by inserting ‘‘as- lishing a triage system which would provide for the needs of children who sessment,’’ after ‘‘prevention,’’; allow and encourage community par- are abandoned, especially those with (3) in paragraph (4)— (A) by striking ‘‘tens of’’; and ticipation in the prevention and re- AIDS. (B) by striking ‘‘direct’’ and all that fol- sponse to child abuse and neglect. And finally, Title VI provides a 2- lows through the semicolon and inserting The basic State grant program will year, straight reauthorization of the ‘‘tangible expenditures, as well as significant continue to support State child protec- Missing Children’s Assistance Act and intangible costs;’’; tive services by assisting States with: section 214B of the Victims of Child (4) in paragraph (7), by striking ‘‘remedy First the intake, screening and inves- Abuse Act. the causes of’’ and inserting ‘‘prevent’’; tigation of reports of child abuse or ne- Mr. President, I ask unanimous con- (5) in paragraph (8), by inserting ‘‘safety,’’ glect; second, case management and sent that the text of the bill be printed after ‘‘fosters the health,’’; (6) in paragraph (10)— delivery of services provided to chil- in the RECORD. (A) by striking ‘‘ensure that every commu- dren and their families; third, improv- There being no objection, the bill was nity in the United States has’’ and inserting ing risk and safety assessment tools, ordered to be printed in the RECORD, as ‘‘assist States and communities with’’; and fourth, expanding training opportuni- follows: (B) by inserting ‘‘and family’’ after ‘‘com- ties for service providers and mandated S. 919 prehensive child’’; and reporters; and fifth; provide for edu- Be it enacted by the Senate and House of Rep- (7) in paragraph (11)— cation and training addressing ‘‘Baby resentatives of the United States of America in (A) by striking ‘‘child protection’’ each Doe’’ situations of medical neglect. Congress assembled, place that such appears and inserting ‘‘child and family protection’’; and In order to be eligible to receive SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (B) in subparagraph (D), by striking ‘‘suffi- (a) SHORT TITLE.—This Act may be cited as funds under this section, a State must cient’’. submit a State plan and annual data the ‘‘Child Abuse Prevention and Treatment Act Amendments of 1995’’. SEC. 103. OFFICE OF CHILD ABUSE AND NE- reports. GLECT. (b) TABLE OF CONTENTS.—The table of con- The bill continues the current immu- Section 101 (42 U.S.C.5101) is amended to tents of this Act is as follows: nity from prosecution for individuals read as follows: Sec. 1. Short title; table of contents. who report a suspicion or incident of ‘‘SEC. 101. OFFICE OF CHILD ABUSE AND NE- child abuse and neglect, but adds a re- TITLE I—GENERAL PROGRAM GLECT. Sec. 101. Reference. ‘‘(a) ESTABLISHMENT.—The Secretary of quirement that the reports must be Health and Human Services may establish an made in good faith. Sec. 102. Findings. Sec. 103. Office of Child Abuse and Neglect. office to be known as the Office on Child This bill clarifies the issue of medical Sec. 104. Advisory Board on Child Abuse and Abuse and Neglect. neglect as well, providing that parents Neglect. ‘‘(b) PURPOSE.—The purpose of the Office are free to make decisions regarding Sec. 105. Repeal of Interagency Task Force. established under subsection (a) shall be to the medical treatment of their chil- Sec. 106. National Clearinghouse for Infor- execute and coordinate the functions and ac- dren, and that States may not find a mation Relating to Child tivities of this Act. In the event that such Abuse. functions and activities are performed by an- family using spiritual or non-medical other entity or entities within the Depart- means as being neglectful, solely on Sec. 107. Research and assistance activities. Sec. 108. Grants for demonstration pro- ment of Health and Human Services, the the basis of a religious practice, absent grams. Secretary shall ensure that such functions an affirmative finding of abuse or ne- Sec. 109. State grants for prevention and and activities are executed with the nec- glect on a case-by-case basis. Further, treatment programs. essary expertise and in a fully coordinated the bill makes clear that nothing in Sec. 110. Repeal. manner involving regular intradepartmental this act precludes a State from inter- Sec. 111. Definitions. and interdepartmental consultation with all vening on behalf of the child where Sec. 112. Authorization of appropriations. agencies involved in child abuse and neglect Sec. 113. Rule of construction. activities.’’. failure or refusal to provide a medical SEC. 104. ADVISORY BOARD ON CHILD ABUSE service or treatment will lead to immi- TITLE II—COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION AND NEGLECT. nent risk of severe harm to the child. GRANTS Section 102 (42 U.S.C.5102) is amended to Finally, to give better direction to read as follows: Sec. 201. Establishment of program. the States, the definition of child abuse Sec. 202. Repeals. ‘‘SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT. and neglect is clarified. TITLE III—FAMILY VIOLENCE Title II consolidates the former com- ‘‘(a) APPOINTMENT.—The Secretary may ap- PREVENTION AND SERVICES point an advisory board to make rec- munity—based family resource pro- Sec. 301. Reference. ommendations to the Secretary and to the grams grant with the Temporary Child Sec. 302. State demonstration grants. appropriate committees of Congress con- Care for Children With Disabilities and Sec. 303. Allotments. cerning specific issues relating to child Crisis Nurseries Act and Title VII(F)— Sec. 304. Authorization of appropriations. abuse and neglect.

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‘‘(b) SOLICITATION OF NOMINATIONS.—The (ii) in subparagraph (B), by adding ‘‘and’’ ‘‘(iv) the extent to which the number of un- Secretary shall publish a notice in the Fed- at the end thereof; substantiated, unfounded and false reported eral Register soliciting nominations for the (iii) in subparagraph (C), by striking ‘‘; cases of child abuse or neglect have contrib- appointment of members of the advisory and’’ at the end thereof and inserting a pe- uted to the inability of a State to respond ef- board under subsection (a). riod; and fectively to serious cases of child abuse or ‘‘(c) COMPOSITION.—In establishing the (iv) by striking subparagraph (D); and neglect; board under subsection (a), the Secretary (D) by striking paragraph (3); and ‘‘(v) the number of unsubstantiated, false, shall appoint members from the general pub- (3) in subsection (c)— or unfounded reports that have resulted in a lic who are individuals knowledgeable in (A) in the matter preceding paragraph (1), child being placed on substitute care, and child abuse and neglect prevention, interven- by striking ‘‘Director’’ and inserting ‘‘Sec- the duration of such placement; tion, treatment, or research, and with due retary’’; ‘‘(vi) the extent to which unsubstantiated consideration to representation of ethnic or (B) in paragraph (2), by striking ‘‘that is reports return as more serious cases of child racial minorities and diverse geographic represented on the task force’’ and inserting abuse or neglect; areas, and who represent— ‘‘involved with child abuse and neglect and ‘‘(vii) the incidence and prevalence of phys- ‘‘(1) law (including the judiciary); mechanisms for the sharing of such informa- ical, sexual, and emotional abuse and phys- ‘‘(2) psychology (including child develop- tion among other Federal agencies and clear- ical and emotional neglect in substitute ment); inghouses’’; care; and ‘‘(3) social services (including child protec- (C) in paragraph (3), by striking ‘‘State, re- ‘‘(viii) the incidence and outcomes of abuse tive services); gional’’ and all that follows and inserting allegations reported within the context of di- ‘‘(4) medicine (including pediatrics); the following: ‘‘Federal, State, regional, and vorce, custody, or other family court pro- ‘‘(5) State and local government; local child welfare data systems which shall ceedings, and the interaction between this ‘‘(6) organizations providing services to include: venue and the child protective services sys- disabled persons; ‘‘(A) standardized data on false, unfounded, tem.’’; and ‘‘(7) organizations providing services to unsubstantiated, or substantiated reports; (3) in paragraph (2)— adolescents; and (A) in subparagraph (A)— ‘‘(8) teachers; ‘‘(B) information on the number of deaths (i) by striking ‘‘and demonstrations’’; and ‘‘(9) parent self-help organizations; due to child abuse and neglect;’’; (ii) by striking ‘‘paragraph (1)(A) and ac- ‘‘(10) parents’ groups; (D) by redesignating paragraph (4) as para- tivities under section 106’’ and inserting ‘‘(11) voluntary groups; and graph (6); and ‘‘paragraph (1)’’; and ‘‘(12) family rights groups. (E) by inserting after paragraph (3), the (B) in subparagraph (B), by striking ‘‘and following new paragraphs: ‘‘(d) VACANCIES.—Any vacancy in the mem- demonstration’’. ‘‘(4) through a national data collection and bership of the board shall be filled in the (b) REPEAL.—Subsection (b) of section 105 analysis program and in consultation with same manner in which the original appoint- (42 U.S.C. 5105(b)) is repealed. appropriate State and local agencies and ex- ment was made. (c) TECHNICAL ASSISTANCE.—Section 105(c) perts in the field, collect, compile, and make ‘‘(e) ELECTION OF OFFICERS.—The board (42 U.S.C. 5105(c)) is amended— shall elect a chairperson and vice-chair- available, State child abuse and neglect re- porting information which, to the extent (1) by striking ‘‘The Secretary’’ and insert- person at its first meeting from among the practical, shall be universal and case spe- ing: members of the board. cific, and integrated with other case-based ‘‘(1) IN GENERAL.—The Secretary’’; ‘‘(f) DUTIES.—Not later than 1 year after foster care and adoption data collected by (2) by striking ‘‘, through the Center,’’; the establishment of the board under sub- the Secretary; (3) by inserting ‘‘State and local’’ before section (a), the board shall submit to the ‘‘(5) compile, analyze, and publish a sum- ‘‘public and nonprofit’’; Secretary and the appropriate committees of mary of the research conducted under sec- (4) by inserting ‘‘assessment,’’ before Congress a report, or interim report, con- tion 105(a); and’’. ‘‘identification’’; and taining— (5) by adding at the end thereof the fol- SEC. 107. RESEARCH, EVALUATION AND ASSIST- ‘‘(1) recommendations on coordinating ANCE ACTIVITIES. lowing new paragraphs: Federal, State, and local child abuse and ne- (a) RESEARCH.—Section 105(a) (42 (42 U.S.C. ‘‘(2) EVALUATION.—Such technical assist- glect activities with similar activities at the 5105(a)) is amended— ance may include an evaluation or identi- Federal, State, and local level pertaining to (1) in the section heading, by striking ‘‘OF fication of— family violence prevention; THE NATIONAL CENTER ON CHILD ‘‘(A) various methods and procedures for ‘‘(2) specific modifications needed in Fed- ABUSE AND NEGLECT’’; the investigation, assessment, and prosecu- eral and State laws and programs to reduce (2) in paragraph (1)— tion of child physical and sexual abuse cases; the number of unfounded or unsubstantiated (A) in the matter preceding subparagraph ‘‘(B) resultant ways to mitigate psycho- reports of child abuse or neglect while en- (A), by striking ‘‘, through the Center, con- logical trauma to the child victim; and hancing a more focused attention to legiti- duct research on’’ and inserting ‘‘carry out a ‘‘(C) effective programs carried out by the mate cases of abuse or neglect which place a continuing interdisciplinary program of re- States under titles I and III. child in danger; and search that is designed to provide informa- ‘‘(3) DISSEMINATION.—The Secretary may ‘‘(3) recommendations for modifications tion needed to better protect children from provide for and disseminate information re- needed to facilitate coordinated national abuse or neglect and to improve the well- lating to various training resources available data collection with respect to child protec- being of abused or neglected children, with at the State and local level to— tion and child welfare.’’. at least a portion of such research being field ‘‘(A) individuals who are engaged, or who SEC. 105. REPEAL OF INTERAGENCY TASK FORCE. initiated. Such research program may focus intend to engage, in the prevention, identi- Section 103 (42 U.S.C.5103) is repealed. on’’; fication, and treatment of child abuse and SEC. 106. NATIONAL CLEARINGHOUSE FOR IN- (B) by redesignating subparagraphs (A) neglect; and FORMATION RELATING TO CHILD through (C) as subparagraph (B) through (D), ‘‘(B) to appropriate State and local offi- ABUSE. respectively; cials to assist in training law enforcement, Section 104 (42 U.S.C.5104) is amended— (C) by inserting before subparagraph (B) legal, judicial, medical, mental health, edu- (1) in subsection (a), to read as follows: (as so redesignated) the following new sub- cation, and child welfare personnel in appro- ‘‘(a) ESTABLISHMENT.—The Secretary shall paragraph: priate methods of interacting during inves- through the Department, or by one or more ‘‘(A) the nature and scope of child abuse tigative, administrative, and judicial pro- contract of not less than 3 years duration let and neglect;’’; ceedings with children who have been sub- through a competition, establish a national (D) in subparagraph (B) (as so redesig- jected to abuse.’’. clearinghouse for information relating to nated), ‘‘by striking ‘‘identification,, treat- (d) GRANTS AND CONTRACTS.—Section child abuse.’’; ment and cultural’’ and inserting ‘‘causes, 105(d)(2) (42 U.S.C. 5105(d)(2)) is amended by (2) in subsection (b)— prevention, assessment, identification, treat- striking the second sentence. (A) in the matter preceding paragraph (1), ment, cultural and socio-economic distinc- (e) PEER REVIEW.—Section 105(e) (42 U.S.C. by striking ‘‘Director’’ and inserting ‘‘Sec- tions, and the consequences of child abuse 5105(e)) is amended— retary’’; and neglect’’; (1) in paragraph (1)— (B) in paragraph (1)— (E) in subparagraph (D) (as so redesig- (A) in subparagraph (A), by striking ‘‘and (i) by inserting ‘‘assessment,’’ after ‘‘pre- nated)— contracts’’; and vention,’’; and (i) by striking clause (ii); and (B) in subparagraph (B)— (ii) by striking ‘‘, including’’ and all that (ii) in clause (iii), to read as follows: (i) by striking ‘‘shall’’ and inserting follows through ‘‘105(b)’’ and inserting ‘‘(ii) the incidence of substantiated and un- ‘‘may’’; and ‘‘and’’; substantiated reported child abuse cases; (ii) by striking ‘‘Office of Human Develop- (C) in paragraph (2)— ‘‘(iii) the number of substantiated cases ment’’ and inserting ‘‘Administration on (i) in subparagraph (A), by striking ‘‘gen- that result in a legal finding of child abuse Children and Families’’; and eral population’’ and inserting ‘‘United or neglect or related criminal court convic- (2) in paragraph (2), by striking ‘‘, con- States’’; tions; tract, or other financial assistance’’.

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SEC. 108. GRANTS FOR DEMONSTRATION PRO- (3) by adding at the end thereof the fol- ‘‘(b) COMPLIANCE AND EDUCATION GRANTS.— GRAMS. lowing new subsection: The Secretary is authorized to make grants Section 106 (42 U.S.C. 5106) is amended— ‘‘(d) EVALUATION.—In making grants for to the States for purposes of developing, im- (1) in the section heading, by striking ‘‘OR demonstration projects under this section, plementing, or operating— SERVICE’’; the Secretary shall require all such projects ‘‘(1) the procedures or programs required (2) in subsection (a), by striking paragraph to be evaluated for their effectiveness. Fund- under subsection (b)(2); (1) and inserting the following new para- ing for such evaluations shall be provided ei- ‘‘(2) procedures or programs designed to graph: ther as a stated percentage of a demonstra- improve the provision of services to disabled ‘‘(1) DEMONSTRATION PROGRAMS AND tion grant or as a separate grant entered infants with life-threatening conditions for— PROJECTS.—The Secretary may make grants into by the Secretary for the purpose of eval- ‘‘(A) professional and paraprofessional per- to, and enter into contracts with, public uating a particular demonstration project or sonnel concerned with the welfare of dis- agencies or nonprofit private agencies or or- group of projects.’’. abled infants with life-threatening condi- ganizations (or combinations of such agen- SEC. 109. STATE GRANTS FOR PREVENTION AND tions, including personnel employed in child cies or organizations) for time limited, re- TREATMENT PROGRAMS. protective services programs and health-care search based demonstration programs and Section 107 (42 U.S.C. 5107) is amended to facilities; and projects for the following purposes: read as follows: ‘‘(B) the parents of such infants; and ‘‘(A) TRAINING PROGRAMS.—The Secretary ‘‘SEC. 107. GRANTS TO STATES FOR CHILD ABUSE ‘‘(3) programs to assist in obtaining or co- may award grants to public or private non- AND NEGLECT PREVENTION AND ordinating necessary services for families of profit organizations under this section— TREATMENT PROGRAMS. disabled infants with life-threatening condi- ‘‘(i) for the training of professional and ‘‘(a) DEVELOPMENT AND OPERATION tions, including— paraprofessional personnel in the fields of GRANTS.—The Secretary shall make grants ‘‘(A) existing social and health services; medicine, law, education, social work, and to the States, based on the population of ‘‘(B) financial assistance; and other relevant fields who are engaged in, or children under the age of 18 in each State ‘‘(C) services necessary to facilitate adop- intend to work in, the field of prevention, that applies for a grant under this section, tive placement of any such infants who have identification, and treatment of child abuse for purposes of assisting the States in im- been relinquished for adoption. and neglect; proving the child protective service system ‘‘(c) ELIGIBILITY REQUIREMENTS.—In order ‘‘(ii) to provide culturally specific instruc- of each such State in— for a State to qualify for a grant under sub- tion in methods of protecting children from ‘‘(1) the intake, assessment, screening, and section (a), such State shall provide an as- child abuse and neglect to children and to investigation of reports of abuse and neglect; surance or certification, signed by the chief persons responsible for the welfare of chil- ‘‘(2)(A) creating and improving the use of executive officer of the State, that the dren, including parents of and persons who multidisciplinary teams and interagency State— work with children with disabilities; protocols to enhance investigations; and ‘‘(1) has in effect and operation a State law ‘‘(iii) to improve the recruitment, selec- ‘‘(B) improving legal preparation and rep- or Statewide program relating to child abuse tion, and training of volunteers serving in resentation, including— and neglect which ensures— private and public nonprofit children, youth ‘‘(i) procedures for appealing and respond- ‘‘(A) provisions or procedures for the re- and family service organizations in order to ing to appeals of substantiated reports of porting of known and suspected instances of prevent child abuse and neglect through col- abuse and neglect; and child abuse and neglect; and laborative analysis of current recruitment, ‘‘(ii) provisions for the appointment of a ‘‘(B) procedures for the immediate screen- selection, and training programs and devel- guardian ad litem. ing, safety assessment, and prompt inves- opment of model programs for dissemination ‘‘(3) case management and delivery of serv- tigation of such reports; and replication nationally; and ices provided to children and their families; ‘‘(C) procedures for immediate steps to be ‘‘(iv) for the establishment of resource cen- ‘‘(4) enhancing the general child protective taken to ensure and protect the safety of the ters for the purpose of providing information system by improving risk and safety assess- abused or neglected child and of any other and training to professionals working in the ment tools and protocols, automation sys- child under the same care who may also be field of child abuse and neglect. tems that support the program and track re- in danger of physical abuse or neglect; ‘‘(B) MUTUAL SUPPORT PROGRAMS.—The ports of child abuse and neglect from intake ‘‘(D) provisions for immunity from pros- Secretary may award grants to private non- through final disposition and information re- ecution under State and local laws and regu- profit organizations (such as Parents Anony- ferral systems; lations for individuals making good faith re- mous) to establish or maintain a national ‘‘(5) developing, strengthening, and facili- ports of suspected or known instances of network of mutual support and self-help pro- tating training opportunities and require- child abuse or neglect; grams as a means of strengthening families ments for individuals overseeing and pro- ‘‘(E) methods to preserve the confiden- in partnership with their communities. viding services to children and their families tiality of all records in order to protect the ‘‘(C) OTHER INNOVATIVE PROGRAMS AND through the child protection system; rights of the child and of the child’s parents PROJECTS.— ‘‘(6) developing and facilitating training or guardians, including methods to ensure ‘‘(i) IN GENERAL.—The Secretary may protocols for individuals mandated to report that disclosure (and redisclosure) of informa- award grants to public agencies that dem- child abuse or neglect; tion concerning child abuse or neglect in- onstrate innovation in responding to reports ‘‘(7) developing, strengthening, and sup- volving specific individuals is made only to of child abuse and neglect including pro- porting child abuse and neglect prevention, persons or entities that the State determines grams of collaborative partnerships between treatment, and research programs in the have a need for such information directly re- the State child protective service agency, public and private sectors; or lated to the purposes of this Act; community social service agencies and fam- ‘‘(8) developing, implementing, or oper- ‘‘(F) requirements for the prompt disclo- ily support programs, schools, churches and ating— sure of all relevant information to any Fed- synagogues, and other community agencies ‘‘(A) information and education programs eral, State, or local governmental entity, or to allow for the establishment of a triage or training programs designed to improve any agent of such entity, with a need for system that— the provision of services to disabled infants such information in order to carry out its re- ‘‘(I) accepts, screens and assesses reports with life-threatening conditions for— sponsibilities under law to protect children received to determine which such reports re- ‘‘(i) professional and paraprofessional per- from abuse and neglect; quire an intensive intervention and which re- sonnel concerned with the welfare of dis- ‘‘(G) the cooperation of law enforcement quire voluntary referral to another agency, abled infants with life-threatening condi- officials, court of competent jurisdiction, program or project; tions, including personnel employed in child and appropriate State agencies providing ‘‘(II) provides, either directly or through protective services programs and health-care human services; referral, a variety of community-linked serv- facilities; and ‘‘(H) provisions requiring, and procedures ices to assist families in preventing child ‘‘(ii) the parents of such infants; in place that facilitate the prompt abuse and neglect; and ‘‘(B) programs to enhance the capacity of expungement of any records that are acces- ‘‘(III) provides further investigation and community-based programs to integrate sible to the general public or are used for intensive intervention where the child’s safe- shared leadership strategies between parents purposes of employment or other background ty is in jeopardy. and professionals to prevent and treat child checks in cases determined to be unsubstan- ‘‘(ii) PREFERRED PLACEMENT.—The Sec- abuse and neglect at the neighborhood level; tiated or false, except that nothing in this retary may award grants to public entities and section shall prevent State child protective to assist such entities in developing or im- ‘‘(C) programs to assist in obtaining or co- service agencies from keeping information plementing procedures protecting the rights ordinating necessary services for families of on unsubstantiated reports in their casework of families, using adult relatives as the pre- disabled infants with life-threatening condi- files to assist in future risk assessment; and ferred placement for children removed from tions, including— ‘‘(I) provisions and procedures requiring their home, where such relatives are deter- ‘‘(i) existing social and health services; that in every case involving an abused or ne- mined to be capable of providing a safe envi- ‘‘(ii) financial assistance; and glected child which results in a judicial pro- ronment for the child or where such relatives ‘‘(iii) services necessary to facilitate adop- ceeding, a guardian ad litem shall be ap- comply with the State child protection tive placement of any such infants who have pointed to represent the child in such pro- standards.’’; and been relinquished for adoption. ceedings; and

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8261 ‘‘(2) has in place procedures for responding ‘‘(C) determined to be false. legal guardian provide a child any medical to the reporting of medical neglect (includ- ‘‘(3) Of the number of children described in service or treatment, nor require a State to ing instances of withholding of medically in- paragraph (2)— find abuse or neglect in cases in which a par- dicated treatment from disabled infants with ‘‘(A) the number that did not receive serv- ent or legal guardian treats a child’s health life-threatening conditions), procedures or ices during the year under the State program condition solely or partially by spiritual or programs, or both (within the State child funded under this part or an equivalent non-medical means. protective services system), to provide for— State program; ‘‘(b) STATE INTERVENTION.—Notwith- ‘‘(A) coordination and consultation with ‘‘(B) the number that received services dur- standing subsection (a), nothing in this Act individuals designated by and within appro- ing the year under the State program funded shall be construed as precluding a State from priate health-care facilities; under this part or an equivalent State pro- intervening to protect a child or find abuse ‘‘(B) prompt notification by individuals gram; and or neglect in a case involving the failure or designated by and within appropriate health- ‘‘(C) the number that were removed from refusal to provide a medical service or treat- care facilities of cases of suspected medical their families during the year by disposition ment where such failure or refusal will lead neglect (including instances of withholding of the case. to imminent risk of severe harm to the of medically indicated treatment from dis- ‘‘(4) The number of families that received child.’’. preventive services from the State during abled infants with life-threatening condi- TITLE II—COMMUNITY-BASED CHILD the year. tions); and ABUSE AND NEGLECT PREVENTION ‘‘(5) The number of deaths in the State dur- ‘‘(C) authority, under State law, for the GRANTS State child protective service system to pur- ing the year resulting from child abuse or sue any legal remedies, including the author- neglect. SEC. 201. ESTABLISHMENT OF PROGRAM. ity to initiate legal proceedings in a court of ‘‘(6) Of the number of children described in Title II of the Child Abuse Prevention and competent jurisdiction, as may be necessary paragraph (5), the number of such children Treatment Act (42 U.S.C. 5116 et seq) is to prevent the withholding of medically indi- who were in foster care. amended to read as follows: cated treatment from disabled infants with ‘‘(7) The number of child protective service ‘‘TITLE II—COMMUNITY-BASED CHILD life threatening conditions. workers responsible for the intake and ABUSE AND NEGLECT PREVENTION ‘‘(d) ADDITIONAL REQUIREMENT.—Not later screening of reports filed in the previous GRANTS year. than 2 years after the date of enactment of ‘‘SEC. 201. PURPOSE AND AUTHORITY. this section, the State shall provide an as- ‘‘(8) The agency response time with respect ‘‘(a) PURPOSE.—It is the purpose of this Act surance or certification that the State has in to each such report with respect to initial in- vestigation of reports of child abuse or ne- to support State efforts to develop, operate, place provisions, procedures, and mecha- expand and enhance a network of commu- nisms by which individuals who disagree glect. ‘‘(9) The response time with respect to the nity-based, prevention-focused, family re- with an official finding of abuse or neglect source and support programs that are cul- can appeal such finding. provision of services to families and children turally competent and that coordinate re- ‘‘(e) STATE PROGRAM PLAN.—To be eligible where an allegation of abuse or neglect has sources among existing education, voca- to receive a grant under this section, a State been made. shall submit every 5 years a plan to the Sec- ‘‘(10) The number of child protective serv- tional rehabilitation, disability, respite, retary that specifies the child protective ice workers responsible for intake, assess- health, mental health, job readiness, self-suf- service system area or areas described in ment, and investigation of child abuse and ficiency, child and family development, com- subsection (a) that the State intends to ad- neglect reports relative to the number of re- munity action, Head Start, child care, child dress with funds received under the grant. ports investigated in the previous year.’’. abuse and neglect prevention, juvenile jus- Such plan shall be coordinated with the plan SEC. 110. REPEAL. tice, domestic violence prevention and inter- of the State for child welfare services and Section 108 (42 U.S.C. 5106b) is repealed. vention, housing, and other human service family preservation and family support serv- SEC. 111. DEFINITIONS. organizations within the State. ices under part B of title IV of the Social Se- Section 113 (42 U.S.C.5106h) is amended— ‘‘(b) AUTHORITY.—The Secretary shall curity Act. and shall contain an outline of (1) by striking paragraphs (1) and (2); make grants under this title on a formula the activities that the State intends to carry (2) by redesignating paragraphs (3) through basis to the entity designated by the State out using amounts provided under the grant (10) as paragraphs (1) through (8), respec- as the lead entity (hereafter referred to in to achieve the purposes of this Act, including tively; and this title as the ‘lead entity’) for the purpose the procedures to be used for— (3) in paragraph (2) (as so redesignated), to of— ‘‘(1) receiving and assessing reports of child read as follows: ‘‘(1) developing, operating, expanding and abuse or neglect; ‘‘(2) the term ‘child abuse and neglect’ enhancing Statewide networks of commu- ‘‘(2) investigating such reports; means, at a minimum, any recent act or fail- nity-based, prevention-focused, family re- ‘‘(3) protecting children by removing them ure to act on the part of a parent or care- source and support programs that— from dangerous settings and ensuring their taker, which results in death or serious ‘‘(A) offer sustained assistance to families; placement in a safe environment; physical, sexual, or emotional harm, or pre- ‘‘(B) provide early, comprehensive, and ho- ‘‘(4) providing services or referral for serv- sents an imminent risk of serious harm. listic support for all parents; ices for families and children where the child Such term does not include a child who has ‘‘(C) promote the development of parental is not in danger of harm; suffered harm where the harm results pri- competencies and capacities, especially in ‘‘(5) providing services to individuals, fami- marily from the parent or caretaker’s lack of young parents and parents with very young lies, or communities, either directly or financial resources or from causes linked to children; through referral, aimed at preventing the oc- such lack of resources;’’. ‘‘(D) increase family stability; currence of child abuse and neglect; SEC. 112. AUTHORIZATION OF APPROPRIATIONS. ‘‘(E) improve family access to other formal ‘‘(6) providing training to support direct Section 114(a) (42 U.S.C. 5106h(a)) is amend- and informal resources and opportunities for line and supervisory personnel in report-tak- ed to read as follows: assistance available within communities; ing, screening, assessment, decision-making, ‘‘(a) IN GENERAL.— and and referral for investigation; and ‘‘(1) GENERAL AUTHORIZATION.—There are ‘‘(F) support the additional needs of fami- ‘‘(7) providing training for individuals authorized to be appropriated to carry out lies with children with disabilities; mandated to report suspected cases of child this title, $100,000,000 for fiscal year 1996, and ‘‘(2) fostering the development of a con- abuse or neglect. such sums as may be necessary for each of tinuum of preventive services for children ‘‘(f) RESTRICTIONS RELATING TO CHILD WEL- the fiscal years 1997 through 2000. and families through State and community- FARE SERVICES.—Programs or projects relat- ‘‘(2) DISCRETIONARY ACTIVITIES.— based collaborations and partnerships both ing to child abuse and neglect assisted under ‘‘(A) IN GENERAL.—Of the amounts appro- public and private; part B of title IV of the Social Security Act priated for a fiscal year under paragraph (1), ‘‘(3) financing the start-up, maintenance, shall comply with the requirements set forth the Secretary shall make available 331⁄3 per- expansion, or redesign of specific family re- in paragraphs (1)(A) and (B), (2), (3), (4), (5), cent of such amounts to fund discretionary source and support program services (such as and (6) of subsection (c). activities under this title. respite services, child abuse and neglect pre- ‘‘(g) ANNUAL STATE DATA REPORTS.—Each ‘‘(B) DEMONSTRATION PROJECTS.—Of the vention activities, disability services, men- State to which a grant is made under this amounts made available for a fiscal year tal health services, housing services, trans- part shall annually submit to the Secretary under subparagraph (A), the Secretary make portation, adult education, home visiting a report that includes the following: available not more than 40 percent of such and other similar services) identified by the ‘‘(1) The number of children who were re- amounts to carry out section 106.’’. inventory and description of current services ported to the State during the year as SEC. 113. RULE OF CONSTRUCTION. required under section 205(a)(3) as an unmet abused or neglected. Title I (42 U.S.C. 5101 et seq.) is amended need, and integrated with the network of ‘‘(2) Of the number of children described in by adding at the end thereof the following community-based family resource and sup- paragraph (1), the number with respect to new section: port program; whom such reports were— ‘‘SEC. 115. RULE OF CONSTRUCTION. ‘‘(4) maximizing funding for the financing, ‘‘(A) substantiated; ‘‘(a) IN GENERAL.—Nothing in this Act planning, community mobilization, collabo- ‘‘(B) unsubstantiated; and shall be construed to require that a parent or ration, assessment, information and referral,

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8262 CONGRESSIONAL RECORD — SENATE June 13, 1995 startup, training and technical assistance, holistic services for children and families sight of programs funded through the State- information management, reporting and through the Statewide network of commu- wide network of community-based, preven- evaluation costs for establishing, operating, nity-based, prevention-focused, family re- tion-focused, family resource and support or expanding a Statewide network of com- source and support programs; programs which meets the requirements of munity-based, prevention-focused, family re- ‘‘(C) has the capacity to provide oper- section 202; source and support program; and ational support (both financial and pro- ‘‘(2) a description of how the network of ‘‘(5) financing public information activities grammatic) and training and technical as- community-based, prevention-focused, fam- that focus on the healthy and positive devel- sistance, to the Statewide network of com- ily resource and support programs will oper- opment of parents and children and the pro- munity-based, prevention-focused, family re- ate and how family resource and support motion of child abuse and neglect prevention source and support programs, through inno- services provided by public and private, non- activities. vative, interagency funding and inter- profit organizations, including those funded ‘‘SEC. 202. ELIGIBILITY. disciplinary service delivery mechanisms; by programs consolidated under this Act, ‘‘A State shall be eligible for a grant under and this title for a fiscal year if— ‘‘(D) will integrate its efforts with individ- will be integrated into a developing con- ‘‘(1)(A) the chief executive officer of the uals and organizations experienced in work- tinuum of family centered, holistic, preven- State has designated an entity to administer ing in partnership with families with chil- tive services for children and families; funds under this title for the purposes identi- dren with disabilities and with the child ‘‘(3) an assurance that an inventory of cur- fied under the authority of this title, includ- abuse and neglect prevention activities of rent family resource programs, respite, child ing to develop, implement, operate, enhance the State, and demonstrate a financial com- abuse and neglect prevention activities, and or expand a Statewide network of commu- mitment to those activities. other family resource services operating in nity-based, prevention-focused, family re- ‘‘SEC. 203. AMOUNT OF GRANT. the State, and a description of current source and support programs, child abuse ‘‘(a) RESERVATION.—The Secretary shall re- unmet needs, will be provided; and neglect prevention activities and access serve 1 percent of the amount appropriated ‘‘(4) a budget for the development, oper- to respite services integrated with the State- under section 210 for a fiscal year to make ation and expansion of the State’s network wide network; allotments to Indian tribes and tribal orga- of community-based, prevention-focused, ‘‘(B) in determining which entity to des- nizations and migrant programs. ignate under subparagraph (A), the chief ex- ‘‘(b) IN GENERAL.—Of the amounts appro- family resource and support programs that ecutive officer should give priority consider- priated for a fiscal year under section 210 and verifies that the State will expend an ation to the trust fund advisory board of the remaining after the reservation under sub- amount equal to not less than 20 percent of State or an existing entity that leverages section (a), The Secretary shall allot to each the amount received under this title (in Federal, State, and private funds for a broad State lead entity an amount so that— cash, not in-kind) for activities under this range of child abuse and neglect prevention ‘‘(1) 50 percent of the total amount allotted title; activities and family resource programs, and to the State under this section is based on ‘‘(5) an assurance that funds received under that is directed by an interdisciplinary, pub- the number of children under 18 residing in this title will supplement, not supplant, lic-private structure, including participants the State as compared to the number of such other State and local public funds designated from communities; and children residing in all States, except that for the Statewide network of community- ‘‘(C) such lead entity is an existing public, no State shall receive less than $250,000; and based, prevention-focused, family resource quasi-public, or nonprofit private entity with ‘‘(2) each State receives, from the amounts and support programs; a demonstrated ability to work with other remaining from the total amount appro- ‘‘(6) an assurance that the State network State and community-based agencies to pro- priated, an amount equal to 50 percent of the of community-based, prevention-focused, vide training and technical assistance, and amount that each such State has directed that has the capacity and commitment to family resource and support programs will through the lead agency to the purposes maintain cultural diversity, and be cul- ensure the meaningful involvement of par- identified under the authority of this title, turally competent and socially sensitive and ents who are consumers and who can provide including foundation, corporate, and other responsive to the needs of families with chil- leadership in the planning, implementation, private funding, State revenues, and Federal and evaluation of programs and policy deci- funds. dren with disabilities; sions of the applicant agency in accom- ‘‘(c) ALLOCATION.—Funds allotted to a ‘‘(7) an assurance that the State has the plishing the desired outcomes for such ef- State under this section shall be awarded on capacity to ensure the meaningful involve- forts; a formula basis for a 3-year period. Payment ment of parents who are consumers and who ‘‘(2) the chief executive officer of the State under such allotments shall be made by the can provide leadership in the planning, im- provides assurances that the lead entity will Secretary annually on the basis described in plementation, and evaluation of the pro- provide of will be responsible for providing— subsection (a). grams and policy decisions of the applicant ‘‘(A) a network of community-based family ‘‘SEC. 204. EXISTING AND CONTINUATION agency in accomplishing the desired out- resource and support programs composed of GRANTS. comes for such efforts; ‘‘(a) EXISTING GRANTS.—Notwithstanding local, collaborative, public-private partner- ‘‘(8) a description of the criteria that the ships directed by interdisciplinary structures the enactment of this title, a State or entity that has a grant, contract, or cooperative entity will use to develop, or select and fund, with balanced representation from private individual community-based, prevention-fo- and public sector members, parents, and pub- agreement in effect, on the date of enact- ment of this title, under the Family Re- cused, family resource and support programs lic and private nonprofit service providers as part of network development, expansion and individuals and organizations experi- source and Support Program, the Commu- or enhancement; enced in working in partnership with fami- nity-Based Family Resource Program, the ‘‘(9) a description of outreach activities lies with children with disabilities; Emergency Child Abuse Prevention Grant ‘‘(B) direction to the network through an Program, or the Temporary Child Care for that the entity and the community-based, interdisciplinary, collaborative, public-pri- Children with Disabilities and Crisis Nurs- prevention-focused, family resource and sup- eries Programs shall continue to receive vate structure with balanced representation port programs will undertake to maximize funds under such programs, subject to the from private and public sector members, par- the participation of racial and ethnic original terms under which such funds were ents, and public sector and private nonprofit minorities, new immigrant populations, granted, through the end of the applicable sector service providers; and children and adults with disabilities, and grant cycle. members of other underserved or underrep- ‘‘(C) direction and oversight to the net- ‘‘(b) CONTINUATION GRANTS.—The Secretary work through identified goals and objectives, may continue grants for Family Resource resented groups; clear lines of communication and account- and Support Program grantees, and those ‘‘(10) a plan for providing operational sup- ability, the provision of leveraged or com- programs otherwise funded under this Act, port, training and technical assistance to bined funding from Federal, State and pri- on a noncompetitive basis, subject to the community-based, prevention-focused, fam- vate sources, centralized assessment and availability of appropriations, satisfactory ily resource and support programs for devel- planning activities, the provision of training performance by the grantee, and receipt of opment, operation, expansion and enhance- and technical assistance, and reporting and reports required under this Act, until such ment activities; evaluation functions; and time as the grantee no longer meets the ‘‘(11) a description of how the applicant en- ‘‘(3) the chief executive officer of the State original purposes of this Act. tity’s activities and those of the network provides assurances that the lead entity— ‘‘SEC. 205. APPLICATION. and its members will be evaluated; ‘‘(A) has a demonstrated commitment to ‘‘(a) IN GENERAL.—A grant may not be ‘‘(12) a description of that actions that the parental participation in the development, made to a State under this title unless an applicant entity will take to advocate operation, and oversight of the Statewide application therefore is submitted by the changes in State policies, practices, proce- network of community-based, prevention-fo- State to the Secretary and such application cused, family resource and support pro- contains the types of information specified dures and regulations to improve the deliv- grams; by the Secretary as essential to carrying out ery of prevention-focused, family resource ‘‘(B) has a demonstrated ability to work the provisions of section 202, including— and support program services to all children with State and community-based public and ‘‘(1) a description of the lead entity that and families; and private nonprofit organizations to develop a will be responsible for the administration of ‘‘(13) an assurance that the applicant enti- continuum of preventive, family centered, funds provided under this title and the over- ty will provide the Secretary with reports

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8263 at such time and containing such informa- needs, including core and optional services haviors of those individuals and families re- tion as the Secretary may require. as described in section 202; ceiving services; and ‘‘SEC. 206. LOCAL PROGRAM REQUIREMENTS. ‘‘(3) demonstrate the establishment of new ‘‘(B) has the greatest likelihood of ensur- ‘‘(a) IN GENERAL.—Grants made under this respite and other specific new family re- ing maximum participation of such individ- title shall be used to develop, implement, op- sources services to address unmet needs uals and families. erate, expand and enhance community-based, identified by the inventory and description ‘‘(4) FAMILY RESOURCE AND SUPPORT PRO- prevention-focused, family resource and sup- of current services required under section GRAM.—The term ‘family resource and sup- port programs that— 201(b)(6); port program’ means a community-based, ‘‘(1) assess community assets and needs ‘‘(4) describe the number of families served, prevention-focused entity that— through a planning process that involves including families with children with disabil- ‘‘(A) provides, through direct service, the parents and local public agencies, local non- ities, and the involvement of a diverse rep- core services required under this title, in- profit organizations, and private sector rep- resentation of families in the design, oper- cluding— resentatives; ation, and evaluation of the Statewide net- ‘‘(i) parent education, support and leader- ‘‘(2) develop a strategy to provide, over work of community-based, prevention-fo- ship services, together with services charac- time, a continuum of preventive, holistic, cused, family resource and support pro- terized by relationships between parents and family centered services to children and fam- grams, and in the design, operation and eval- professionals that are based on equality and ilies, especially to young parents and parents uation of the individual community-based respect, and designed to assist parents in ac- with young children, through public-private family resource and support programs that quiring parenting skills, learning about child partnerships; are part of the Statewide network funded development, and responding appropriately ‘‘(3) provide— under this title; to the behavior of their children; ‘‘(A) core family resource and support serv- ‘‘(4) demonstrate a high level of satisfac- ‘‘(ii) services to facilitate the ability of ices such as— tion among families who have used the serv- parents to serve as resources to one another ‘‘(i) parent education, mutual support and ices of the community-based, prevention-fo- other (such as through mutual support and self help, and leadership services; cused, family resource and support pro- parent self-help groups); ‘‘(ii) early developmental screening of chil- grams; ‘‘(iii) early developmental screening of dren; ‘‘(5) demonstrate the establishment or children to assess any needs of children, and ‘‘(iii) outreach services; maintenance of innovative funding mecha- to identify types of support that may be pro- ‘‘(iv) community and social service refer- nisms, at the State or community level, that vided; rals; and blend Federal, State, local and private funds, ‘‘(iv) outreach services provided through ‘‘(v) follow-up services; and innovative, interdisciplinary service de- voluntary home visits and other methods to ‘‘(B) other core services, which must be livery mechanisms, for the development, op- assist parents in becoming aware of and able provided or arranged for through contracts eration, expansion and enhancement of the to participate in family resources and sup- or agreements with other local agencies, in- Statewide network of community-based, pre- port program activities; cluding all forms of respite services; and vention-focused, family resource and support ‘‘(v) community and social services to as- ‘‘(C) access to optional services, includ- programs; sist families in obtaining community re- ing— ‘‘(6) describe the results of a peer review sources; and ‘‘(i) child care, early childhood develop- process conducted under the State program; ‘‘(vi) follow-up services; ment and intervention services; and ‘‘(B) provides, or arranges for the provision ‘‘(ii) services and supports to meet the ad- ‘‘(7) demonstrate an implementation plan of, other core services through contracts or ditional needs of families with children with to ensure the continued leadership of parents agreements with other local agencies, in- disabilities; in the on-going planning, implementation, cluding all forms of respite services; and ‘‘(iii) job readiness services; and evaluation of such community based, ‘‘(C) provides access to optional services, ‘‘(iv) educational services, such as scho- prevention-focused, family resource and sup- directly or by contract, purchase of service, lastic tutoring, literacy training, and Gen- port programs. or interagency agreement, including— eral Educational Degree services; ‘‘SEC. 208. NATIONAL NETWORK FOR COMMU- ‘‘(i) child care, early childhood develop- ‘‘(v) self-sufficiency and life management NITY-BASED FAMILY RESOURCE ment and early intervention services; skills training; PROGRAMS. ‘‘(ii) self-sufficiency and life management ‘‘(vi) community referral services; and ‘‘The Secretary may allocate such sums as skills training; ‘‘(vii) peer counseling; may be necessary from the amount provided ‘‘(iii) education services, such as scholastic ‘‘(4) develop leadership roles for the mean- under the State allotment to support the ac- tutoring, literacy training, and General Edu- ingful involvement of parents in the develop- tivities of the State network— cational Degree services; ment, operation, evaluation, and oversight of ‘‘(1) to create, operate and maintain a peer ‘‘(iv) job readiness skills; the programs and services; review process; ‘‘(v) child abuse and neglect prevention ac- ‘‘(5) provide leadership in mobilizing local ‘‘(2) to create, operate and maintain an in- tivities; public and private resources to support the formation clearinghouse; ‘‘(vi) services that families with children provision of needed family resource and sup- ‘‘(3) to fund a yearly symposium on State with disabilities or special needs may re- port program services; and system change efforts that result from the quire; ‘‘(6) participate with other community- operation of the Statewide networks of com- ‘‘(vii) community and social service refer- based, prevention-focused, family resource munity-based, prevention-focused, family re- ral; and support program grantees in the devel- source and support programs; ‘‘(viii) peer counseling; opment, operation and expansion of the ‘‘(4) to create, operate and maintain a com- ‘‘(ix) referral for substance abuse coun- Statewide network. puterized communication system between seling and treatment; and ‘‘(b) PRIORITY.—In awarding local grants lead entities; and ‘‘(x) help line services. under this title, a lead entity shall give pri- ‘‘(5) to fund State-to-State technical as- ‘‘(5) NATIONAL NETWORK FOR COMMUNITY- ority to community-based programs serving sistance through bi-annual conferences. BASED FAMILY RESOURCE PROGRAMS.—The low income communities and those serving ‘‘SEC. 209. DEFINITIONS. term ‘network for community-based family young parents or parents with young chil- ‘‘(1) CHILDREN WITH DISABILITIES.—The resource program’ means the organization of dren, and to community-based family re- term ‘children with disabilities’ has the State designated entities who receive grants source and support programs previously same meaning given such term in section under this title, and includes the entire funded under the programs consolidated 602(a)(2) of the Individuals with Disabilities membership of the Children’s Trust Fund Al- under the Child Abuse Prevention and Treat- Education Act. liance and the National Respite Network. ment Act Amendments of 1995, so long as ‘‘(2) COMMUNITY REFERRAL SERVICES.—The ‘‘(6) OUTREACH SERVICES.—The term ‘out- such programs meet local program require- term ‘community referral services’ means reach services’ means services provided to ments. services provided under contract or through assist consumers, through voluntary home ‘‘SEC. 207. PERFORMANCE MEASURES. interagency agreements to assist families in visits or other methods, in accessing and ‘‘A State receiving a grant under this title, obtaining needed information, mutual sup- participating in family resource and support through reports provided to the Secretary, port and community resources, including program activities. shall— respite services, health and mental health ‘‘(7) RESPITE SERVICES.—The term ‘respite ‘‘(1) demonstrate the effective develop- services, employability development and job services’ means short term care services pro- ment, operation and expansion of a State- training, and other social services through vided in the temporary absence of the reg- wide network of community-based, preven- help lines or other methods. ular caregiver (parent, other relative, foster tion-focused, family resource and support ‘‘(3) CULTURALLY COMPETENT.—The term parent, adoptive parent, or guardian) to chil- programs that meets the requirements of ‘culturally competent’ means services, sup- dren who— this title; port, or other assistance that is conducted or ‘‘(A) are in danger of abuse or neglect; ‘‘(2) supply an inventory and description of provided in a manner that— ‘‘(B) have experienced abuse or neglect; or the services provided to families by local ‘‘(A) is responsive to the beliefs, inter- ‘‘(C) have disabilities, chronic, or terminal programs that meet identified community personal styles, attitudes, languages, and be- illnesses.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8264 CONGRESSIONAL RECORD — SENATE June 13, 1995 Such services shall be provided within or (ii) by striking ‘‘400,000 children at the end TITLE V—ABANDONED INFANTS outside the home of the child, be short-term of June, 1990’’ and inserting ‘‘452,000 as of ASSISTANCE ACT OF 1986 care (ranging from a few hours to a few June, 1994’’; and SEC. 501. REAUTHORIZATION. weeks of time, per year), and be intended to (B) in paragraph (5), by striking ‘‘local’’ Section 104(a)(1) of the Abandoned Infants enable the family to stay together and to and inserting ‘‘legal’’; and Assistance Act of 1988 (42 U.S.C. 670 note) is keep the child living in the home and com- (C) in paragraph (7), to read as follows: amended by striking ‘‘$20,000,000’’ and all munity of the child. ‘‘(7)(A) currently, 40,000 children are free that follows through the end thereof and in- ‘‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS. for adoption and awaiting placement; serting ‘‘$35,000,000 for each of the fiscal ‘‘There are authorized to be appropriated ‘‘(B) such children are typically school years 1995 and 1996, and such sums as may be to carry out this title, $108,000,000 for each of aged, in sibling groups, have experienced ne- necessary for each of the fiscal years 1997 the fiscal years 1996, 1997, and 1998.’’. glect or abuse, or have a physical, mental, or through 2000’’. SEC. 202. REPEALS. emotional disability; and TITLE VI—REAUTHORIZATION OF (a) TEMPORARY CHILD CARE FOR CHILDREN ‘‘(C) while the children are of all races, VARIOUS PROGRAMS WITH DISABILITIES AND CRISIS NURSERIES children of color and older children (over the age of 10) are over represented in such SEC. 601. MISSING CHILDREN’S ASSISTANCE ACT. ACT.—The Temporary Child Care for Chil- Section 408 of the Missing Children’s As- group;’’; and dren with Disabilities and Crisis Nurseries sistance Act (42 U.S.C. 5777) is amended— (2) in subsection (b)— Act of 1986 (42 U.S.C. 5117 et seq.) is repealed. (1) by striking ‘‘To’’ and inserting ‘‘(a) IN (b) FAMILY SUPPORT CENTERS.—Subtitle F (A) by striking ‘‘conditions, by—’’ and all GENERAL.—’’ that follows through ‘‘providing a mecha- of title VII of the Stewart B. McKinney (2) by striking ‘‘and 1996’’ and inserting nism’’ and inserting ‘‘conditions, by pro- Homeless Assistance Act (42 U.S.C. 11481 et ‘‘1996, and 1997’’; and viding a mechanism’’; and seq.) is repealed. (3) by adding at the end thereof the fol- (B) by redesignating subparagraphs (A) TITLE III—FAMILY VIOLENCE lowing new subsection: through (C), as paragraphs (1) through (3), re- PREVENTION AND SERVICES ‘‘(b) EVALUATION.—The Administrator shall spectively and by realigning the margins of SEC. 301. REFERENCE. use not more than 5 percent of the amount such paragraphs accordingly. Except as otherwise expressly provided, appropriated for a fiscal year under sub- whenever in this title an amendment or re- SEC. 403. INFORMATION AND SERVICES. section (a) to conduct an evaluation of the peal is expressed in terms of an amendment Section 203 (42 U.S.C. 5113) is amended— effectiveness of the programs and activities to, or repeal of, a section or other provision, (1) in subsection (a), by striking the last established and operated under this title.’’. the reference shall be considered to be made sentence; SEC. 602. VICTIMS OF CHILD ABUSE ACT OF 1990. to a section or other provision of the Family (2) in subsection (b)— Section 214B of the Victims of Child Abuse Violence Prevention and Services Act (42 (A) in paragraph (6), to read as follows: Act of 1990 (42 U.S.C. 13004) is amended— U.S.C. 10401 et seq.). ‘‘(6) study the nature, scope, and effects of (1) in subsection (a)(2), by striking ‘‘and the placement of children in kinship care ar- SEC. 302. STATE DEMONSTRATION GRANTS. 1996’’ and inserting ‘‘1996, and 1997’’; and rangements, pre-adoptive, or adoptive Section 303(e) (42 U.S.C. 10420(e)) is amend- (2) in subsection (b)(2), by striking ‘‘and homes;’’; ed— 1996’’ and inserting ‘‘1996, and 1997’’.∑ (B) by redesignating paragraphs (7) (1) by striking ‘‘following local share’’ and ∑ through (9) as paragraphs (8) through (10), re- Mrs. KASSEBAUM. Mr. President, I inserting ‘‘following non-Federal matching spectively; and am pleased to join with Senator COATS local share’’; and (C) by inserting after paragraph (6), the fol- today in introducing the Child Abuse (2) by striking ‘‘20 percent’’ and all that lowing new paragraph: follows through ‘‘private sources.’’ and in- Prevention and Treatment Act Amend- ‘‘(7) study the efficacy of States con- serting ‘‘with respect to an entity operating ments of 1995. This important legisla- tracting with public or private nonprofit an existing program under this title, not less tion reauthorizes the Child Abuse and agencies (including community-based orga- than 20 percent, and with respect to an enti- Prevention Treatment Act (CAPTA) nizations), organizations, or sectarian insti- ty intending to operate a new program under and makes several important changes tutions for the recruitment of potential this title, not less than 35 percent.’’. adoptive and foster families and to provide to the legislation. CAPTA is the only SEC. 303. ALLOTMENTS. assistance in the placement of children for Federal program specifically aimed at Section 304(a)(1) (42 U.S.C. 10403(a)(1)) is adoption;’’; and the prevention and treatment of child amended by striking ‘‘$200,000’’ and inserting (3) in subsection (d)— abuse. ‘‘$400,000’’. (A) in paragraph (2)— Federal involvement in child welfare SEC. 304. AUTHORIZATION OF APPROPRIATIONS. (i) by striking ‘‘Each’’ and inserting ‘‘(A) began with the passage of CAPTA in Section 310 (42 U.S.C. 10409) is amended— Each’’; (1) in subsection (b), by striking ‘‘80’’ and 1974. This act has provided critical (ii) by striking ‘‘for each fiscal year’’ and leadership to help States identify child inserting ‘‘70’’; and inserting ‘‘that describes the manner in (2) by adding at the end thereof the fol- which the State will use funds during the 3- abuse and neglect, improve State child lowing new subsections: fiscal years subsequent to the date of the ap- protective systems, and prevent and ‘‘(d) GRANTS FOR STATE COALITIONS.—Of plication to accomplish the purposes of this treat child abuse and neglect. CAPTA the amounts appropriated under subsection section. Such application shall be’’; and has assisted States in establishing (a) for each fiscal year, not less than 10 per- (iii) by adding at the end thereof the fol- mandatory reporting systems of child cent of such amounts shall be used by the lowing new subparagraph: abuse and neglect. In addition, the act Secretary for making grants under section ‘‘(B) The Secretary shall provide, directly 311. provided immunity from prosecution or by grant to or contract with public or pri- for mandated reporters who act in good ‘‘(e) NON-SUPPLANTING REQUIREMENT.—Fed- vate nonprofit agencies or organizations— eral funds made available to a State under ‘‘(i) technical assistance and resource and faith to report suspected cases of child this title shall be used to supplement and referral information to assist State or local abuse and neglect. This has dramati- not supplant other Federal, State, and local governments with termination of parental cally improved States’ ability to inter- public funds expended to provide services rights issues, in recruiting and retaining vene in situations where abuse has oc- and activities that promote the purposes of adoptive families, in the successful place- curred. The legislation Senator COATS this title.’’. ment of children with special needs, and in and I are introducing today will make TITLE IV—ADOPTION OPPORTUNITIES the provision of pre- and post-placement significant improvements to state re- SEC. 401. REFERENCE. services, including post-legal adoption serv- porting systems by placing a stronger Except as otherwise expressly provided, ices; and whenever in this title an amendment or re- ‘‘(ii) other assistance to help State and emphasis on training of mandated re- peal is expressed in terms of an amendment local governments replicate successful adop- porters and case workers and by build- to, or repeal of, a section or other provision, tion-related projects from other areas in the ing in an assessment component in the the reference shall be considered to be made United States.’’. reporting and investigation process. to a section or other provision of the Child SEC. 404. AUTHORIZATION OF APPROPRIATIONS. CAPTA has also provided funding for Abuse Prevention and Treatment and Adop- Section 205 (42 U.S.C. 5115) is amended— research in the field of child abuse and tion Reform Act of 1978 (42 U.S.C. 5111 et (1) in subsection (a)— neglect. Research is critical to under- seq.). (A) by striking ‘‘$10,000,000,’’ and all that standing this issue and to providing SEC. 402. FINDINGS AND PURPOSE. follows through ‘‘1992, and’’; and professionals with the necessary tools Section 201 (42 U.S.C. 5111) is amended— (B) by inserting ‘‘$20,000,000 for fiscal year to assist children and families who (1) in subsection (a)— 1996, and such sums as may be necessary for (A) in paragraph (1)— fiscal year 1997’’ after ‘‘1995,’’; may be at risk of child abuse and ne- (i) by striking ‘‘50 percent between 1985 and (2) by striking subsection (b); and glect. In addition, CAPTA has estab- 1990’’ and inserting ‘‘61 percent between 1986 (3) by redesignating subsection (c) as sub- lished a national clearinghouse to col- and 1994’’; and section (b). lect data on child abuse and neglect.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8265 Amendments to CAPTA have been II of the House welfare reform pro- kota [Mr. PRESSLER] was added as a co- made to strengthen research efforts posal, have been reauthorized under sponsor of S. 771, a bill to provide that and to expand the clearinghouse’s data Title VI of CAPTA. They are the Miss- certain Federal property shall be made collection function to include informa- ing Children’s Assistance Act and the available to States for State use before tion on substantiated, unsubstantiated, Victims of Child Abuse Act of 1990. being made available to other entities, and false reports of child abuse and ne- Both programs have been reauthorized and for other purposes. glect. through 1997. S. 830 This legislation also seeks to encour- I believe this legislation will make At the request of Mr. SPECTER, the age State and local innovation through significant improvements to the re- name of the Senator from Maine [Mr. demonstration grants in the areas of porting, prevention, and treatment of COHEN] was added as a cosponsor of S. training and education, reporting and child abuse and neglect. I would like to 830, a bill to amend title 18, United investigation of abuse and neglect, and thank Senator COATS for his strong States Code, with respect to fraud and encouraging parent mutual support commitment to children and his lead- false statements. and self-help programs. ership on this very important issue. I S. 867 The reauthorization of CAPTA also hope that this legislation will receive At the request of Mr. COCHRAN, the includes a prevention component that bipartisan support from my colleagues name of the Senator from Mississippi involves networks of local community- in the Senate and that many of you [Mr. LOTT] was added as a cosponsor of based organizations whose primary will join with Senator COATS and me in S. 867, a bill to amend the Internal purpose is to assist families at risk of ensuring its passage on the Senate Revenue Code of 1986 to revise the es- child abuse and neglect. Title II of this floor.∑ tate and gift tax in order to preserve legislation consolidates several pro- f grams, the Temporary Child Care for American family enterprises, and for Children with Disabilities and Crisis ADDITIONAL COSPONSORS other purposes. Nurseries Act and the Family Support S. 256 S. 915 Centers under the Stewart B. McKin- At the request of Mr. SPECTER, his At the request of Mr. D’AMATO, the ney Homeless Assistance Act, into the name was added as a cosponsor of S. name of the Senator from Alabama Community-Based Family Resource 256, a bill to amend title 10, United [Mr. SHELBY] was added as a cosponsor Grants program. The programs being States Code, to establish procedures for of S. 915, a bill to govern relations be- consolidated provide a range of serv- determining the status of certain miss- tween the United States and the Pal- ices to families, from respite care and ing members of the Armed Forces and estine Liberation Organization [PLO], support services to families with dis- certain civilians, and for other pur- to enforce compliance with standards abled children to assisting families in poses. of international conduct, and for other finding affordable housing. The grants S. 304 purposes. are awarded to States that dem- At the request of Mr. SANTORUM, the SENATE RESOLUTION 103 onstrate a commitment to establishing name of the Senator from Mississippi At the request of Mr. DOMENICI, the a network of resources designed to as- [Mr. LOTT] was added as a cosponsor of names of the Senator from Missouri sist families and prevent child abuse S. 304, a bill to amend the Internal [Mr. BOND] the Senator from Texas and neglect and to providing leadership Revenue Code of 1986 to repeal the [Mrs. HUTCHISON], and the Senator in coordinating various programs and transportation fuels tax applicable to from Florida [Mr. MACK] were added as activities at the State and local levels. commercial aviation. cosponsors of Senate Resolution 103, a The Child Abuse and Prevention S. 472 resolution to proclaim the week of Oc- Treatment Act Amendments of 1995 has At the request of Mr. DODD, the tober 15 through October 21, 1995, as been reauthorized at $100 million for names of the Senator from Maryland National Character Counts Week, and fiscal year 1996 and such sums as nec- [Ms. MIKULSKI] and the Senator from for other purposes. essary through fiscal year 2000. Minnesota [Mr. WELLSTONE] were added AMENDMENT NO. 1265 The legislation also includes several as cosponsors of S. 472, a bill to con- At the request of Mr. DORGAN, the minor technical amendments to the solidate and expand Federal child care name of the Senator from Wisconsin Family Violence Prevention and Serv- services to promote self sufficiency and [Mr. FEINGOLD] was added as a cospon- ices Act to reconcile differences be- support working families, and for other sor of Amendment No. 1265 proposed to tween this and the Victims of Crime purposes. S. 652, an original bill to provide for a Act. In addition, Title IV and Title V S. 692 procompetitive, de-regulatory national reauthorize the Adoption Opportunities At the request of Mr. GREGG, the policy framework designed to accel- Act and the Abandoned Infants Assist- name of the Senator from Alaska [Mr. erate rapidly private sector deploy- ance Act. Several technical changes STEVENS] was added as a cosponsor of ment of advanced telecommunications have been made to the Adoption Oppor- S. 692, a bill to amend the Internal and information technologies and serv- tunities Act to improve this program. Revenue Code of 1986 to preserve fam- ices to all Americans by opening all Also, a provision has been included to ily-held forest lands, and for other pur- telecommunications markets to com- require the Secretary of Health and poses. petition, and for other purposes. Human Services to study and report on the efficacy of requiring States to con- S. 758 f tract with public, private nonprofit, At the request of Mr. HATCH, the AMENDMENTS SUBMITTED and sectarian institutions for recruit- name of the Senator from Oregon [Mr. ment of prospective foster care and HATFIELD] was added as a cosponsor of adoptive parents and for assistance S. 758, a bill to amend the Internal THE TELECOMMUNICATIONS COM- with the placement of children with Revenue Code of 1986 to provide for S PETITION AND DEREGULATION special needs. The Adoption Opportuni- corporation reform, and for other pur- ACT OF 1995 COMMUNICATIONS ties Act has been reauthorized at $20 poses. DECENCY ACT OF 1995 million for fiscal year 1996 and such S. 770 sums as may be necessary through fis- At the request of Mr. DOLE, the name cal year 2000. The Abandoned Infants of the Senator from Texas [Mrs. DORGAN AMENDMENTS NOS. 1272– Assistance Act has been reauthorized HUTCHISON] was added as a cosponsor of 1273 at $35 million for fiscal year 1996 and S. 770, a bill to provide for the reloca- (Ordered to lie on the table.) such sums as may be necessary through tion of the United States Embassy in Mr. DORGAN submitted two amend- fiscal year 2000. Israel to Jerusalem, and for other pur- ments intended to be proposed by him Finally, in conjunction with Senator poses. to the bill (S. 652) to provide for a pro- HATCH, several programs under the S. 771 competitive, deregulatory national pol- Senate Committee on the Judiciary’s At the request of Mr. PRYOR, the icy framework designed to accelerate jurisdiction that were included in Title name of the Senator from South Da- rapidly private sector deployment of

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8266 CONGRESSIONAL RECORD — SENATE June 13, 1995 advanced telecommunications and in- (3) By the age of 18 years, the average Communications Act of 1934, as added by formation technologies and services to American teenager has watched 200,000 acts subsection (a), the Federal Communications all Americans by opening all tele- of violence on television, including 40,000 Commission, in consultation with the tele- communications markets to competi- murders. vision receiver manufacturing industry, (4) On several occasions since 1975, The shall determine a date for the applicability tion, and for other purposes; as follows: Journal of the American Medical Associa- of the requirement to the apparatus covered AMENDMENT NO. 1272 tion has alerted the medical community to by that section. On page 82, between lines 4 and 5, insert the adverse effects of televised violence on SEC. 505. SHIPPING OR IMPORTING OF TELE- the following: child development, including an increase in VISIONS THAT BLOCK PROGRAMS. (3) This section shall operate only if the the level of aggressive behavior and violent (a) REGULATIONS.—Section 330 (47 U.S.C. Commission shall amend its ‘‘Application for behavior among children who view it. 330) is amended— renewal of License for AM, FM, TV, Trans- (5) The National Commission on Children (1) by redesignating subsection (c) as sub- lator or LPTV Station’’ (FCC Form 303–S) to recommended in 1991 that producers of tele- section (d); and require that, for commercial TV applicants vision programs exercise greater restraint in (2) by adding after subsection (b) the fol- only, the applicant attach as an exhibit to the content of programming for children. lowing new subsection (c): the application a summary of written com- (6) A report of the Harry Frank ‘‘(c)(1) Except as provided in paragraph (2), ments and suggestions received from the Guggenheim Foundation, dated May 1993, in- no person shall ship in interstate commerce, public and maintained by the licensee in ac- dicates that there is an irrefutable connec- manufacture, assemble, or import from any cordance with 47 C.F.R. sec. 73.1202 that com- tion between the amount of violence de- foreign country into the United States any ment on the applicant’s programming, if picted in the television programs watched by apparatus described in section 303(w) of this any, characterized by the commentor as con- children and increased aggressive behavior Act except in accordance with rules pre- stituting violent programming. among children. scribed by the Commission pursuant to the (7) It is a compelling National interest that authority granted by that section. AMENDMENT NO. 1273 parents be empowered with the technology ‘‘(2) This subsection shall not apply to car- On page 77, line 2, strike the word ‘‘and’’ to block the viewing by their children of tel- riers transporting apparatus referred to in and all that follows through line 4 on the evision programs whose content is overly paragraph (1) without trading it. same page and insert the following: violent or objectionable for other reasons. ‘‘(3) The rules prescribed by the Commis- (B) it shall apply similar rules to use of ex- (8) Technology currently exists to permit sion under this subsection shall provide per- isting television spectrum; and the manufacture of television receivers that formance standards for blocking technology. (C) it shall adopt regulations that would are capable of permitting parents to block Such rules shall require that all such appa- require broadcast stations to transmit, by television programs having violent or other- ratus be able to receive transmitted rating way of line 21 of the vertical blanking inter- wise objectionable content. signals which conform to the signal and val, signals which enable viewers to block SEC. 503. ESTABLISHMENT OF TELEVISION VIO- blocking specifications established by the the display of programs with common rat- LENCE RATING CODE. Commission. ings based on violent content determined by (a) IN GENERAL.—Section 303 (47 U.S.C. 303) ‘‘(4) As new video technology is developed, such stations. is amended by adding at the end the fol- the Commission shall take such action as lowing: the Commission determines appropriate to DORGAN (AND HELMS) ‘‘(v) Prescribe, in consultation with tele- ensure that blocking service continues to be vision broadcasters, cable operators, appro- available to consumers.’’. AMENDMENT NO. 1274 priate public interest groups, and interested (b) CONFORMING AMENDMENT.—Section (Ordered to lie on the table.) individuals from the private sector, rules for 330(d), as redesignated by subsection (a)(1), is Mr. DORGAN (for himself and Mr. rating the level of violence or other objec- amended by striking ‘‘section 303(s), and sec- HELMS) submitted an amendment in- tionable content in television programming, tion 303(u)’’ and inserting in lieu thereof tended to be proposed by them to the including rules for the transmission by tele- ‘‘and sections 303(s), 303(u), and 303(w)’’. bill S. 652, supra; as follows: vision broadcast stations and cable systems of— MCCAIN AMENDMENT NO. 1276 Strike paragraph (1) of subsection (b) of ‘‘(1) signals containing ratings of the level Section (207) and insert in lieu thereof the of violence or objectionable content in such Mr. MCCAIN proposed an amendment following: programming; and to the bill S. 652, supra; as follows: ‘‘(b) REVIEW AND MODIFICATION OF BROAD- ‘‘(2) signals containing specifications for On page 43, strike out line 2 and insert in CAST RULES.—The Commission shall: blocking such programming.’’. ‘‘(1) modify or remove such national and lieu thereof the following: (b) APPLICABILITY.—The amendment made Act. local ownership rules on radio and television by subsection (a) shall take effect 1 year ‘‘(k) TRANSITION TO ALTERNATIVE SUPPORT broadcasters as are necessary to ensure that after the date of the enactment of this Act, SYSTEM.—Notwithstanding any other provi- broadcasters are able to compete fairly with but only if the Commission determines, in sion of this Act, beginning 2 years after the other media providers while ensuring that consultation with appropriate public interest date of the enactment the Telecommuni- the public receives information from a diver- groups and interested individuals from the cations Act of 1995, support payments for sity of media sources and localism and serv- private sector, on that date that television universal service under this Act shall occur ice in the public interest in protected, taking broadcast stations and cable systems have in accordance with the provisions of sub- into consideration the economic dominance not— section (l) rather than any other provisions of providers in a market and (1) established voluntarily rules for rating of this Act. ‘‘(2) review the ownership restriction in the level of violence or other objectionable ‘‘(l) VOUCHER SYSTEM.— section 613(a)(1).’’ content in television programming which ‘‘(1) IN GENERAL.—Not later than 2 years rules are acceptable to the Commission; and after the date of the enactment of the Tele- CONRAD (AND OTHERS) (2) agreed voluntarily to broadcast signals communications Act of 1995, the Commission AMENDMENT NO. 1275 that contain ratings of the level of violence shall prescribe regulations to provide for the or objectionable content in such program- payment of support payments for universal Mr. CONRAD (for himself, Ms. MI- ming. service through a voucher system under this KULSKI, and Mr. GRAHAM) proposed an SEC. 504. REQUIREMENT FOR MANUFACTURE OF subsection. amendment to the bill, S. 652, supra; as TELEVISIONS THAT BLOCK PRO- ‘‘(2) INDIVIDUALS ELIGIBLE TO MAKE PAY- follows: GRAMS. MENTS BY VOUCHER.—Payment of support On page 146, below line 14, add the fol- (a) REQUIREMENT.—Section 303 (47 U.S.C. payments for universal service by voucher lowing: 303), as amended by this Act, is further under this subsection may be made only by TITLE V—MISCELLANEOUS amended by adding at the end the following: individuals— ‘‘(w) Require, in the case of apparatus de- ‘‘(A) who are customers of telecommuni- SEC. 501. SHORT TITLE. signed to receive television signals that are cations carriers described in paragraph (3); This title may be cited as the ‘‘Parental manufactured in the United States or im- and Choice in Television Act of 1995’’. ported for use in the United States and that ‘‘(B) whose income in the preceding year SEC. 502. FINDINGS. have a picture screen 13 inches or greater in was an amount equal to or less than the Congress makes the following findings: size (measured diagonally), that such appa- amount equal to 200 percent of the poverty (1) On average, a child in the United States ratus— level for that year. is exposed to 27 hours of television each week ‘‘(1) be equipped with circuitry designed to ‘‘(3) CARRIERS ELIGIBLE TO RECEIVE VOUCH- and some children are exposed to as much as enable viewers to block the display of chan- ERS.—Telecommunications carriers eligible 11 hours of television each day. nels during particular time slots; and to receive support payments for universal (2) The average American child watches ‘‘(2) enable viewers to block display of all service by voucher under this subsection are 8,000 murders and 100,000 acts of other vio- programs with a common rating.’’. telecommunications carriers designated as lence on television by the time the child (b) IMPLEMENTATION.—In adopting the re- essential telecommunications carriers in ac- completes elementary school. quirement set forth in section 303(w) of the cordance with subsection (f).

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‘‘(4) VOUCHERS.— ‘‘(2) interLATA telecommunications serv- local dialing parity in a manner that permits ‘‘(A) IN GENERAL.—The Commission shall ices originating in any area where that com- consumers to be able to dial the same num- provide in the regulations under this sub- pany is not the dominant provider of ber of digits when using any telecommuni- section for the distribution to individuals de- wireline telephone exchange service or ex- cations carrier providing telephone exchange scribed in paragraph (2) of vouchers that change access service in accordance with the service or exchange access service. may be used by such individuals as payment provisions of subsection (d); and ‘‘(M) Reciprocal compensation arrange- for telecommunications services received by ‘‘(3) interLATA services that are incidental ments on a nondiscriminatory basis for the such individuals from telecommunications services in accordance with the provisions of origination and termination of telecommuni- carriers described in paragraph (3). subsection (e). cations. ‘‘(B) VALUE OF VOUCHERS.—The Commis- ‘‘(b) SPECIFIC INTERLATA INTERCONNECTION ‘‘(N) Telecommunications services and net- sion shall determine the value of vouchers REQUIREMENTS.— work functions provided on an unbundled distributed under this paragraph. ‘‘(1) IN GENERAL.—A Bell operating com- basis without any conditions or restrictions ‘‘(C) USE OF VOUCHERS.—Individuals to pany may provide interLATA services in ac- on the resale or sharing of those services or whom vouchers are distributed under this cordance with this section only if that com- functions, including both origination and paragraph may utilize such vouchers as pay- pany has reached an interconnection agree- termination of telecommunications services, ment for the charges for telecommunications ment under section 251 and that agreement other than reasonable conditions required by services that are imposed on such persons by provides, at a minimum, for interconnection the Commission or a State. For purposes of telecommunications carriers referred to in that meets the competitive checklist re- this subparagraph, it is not an unreasonable subparagraph (A). quirements of paragraph (2). condition for the Commission or a State to ‘‘(D) ACCEPTANCE OF VOUCHERS.—Each tele- ‘‘(2) COMPETITIVE CHECKLIST.—Interconnec- limit the resale— communications carrier referred to in sub- tion provided by a Bell operating company to ‘‘(i) of services included in the definition of paragraph (A) shall accept vouchers under other telecommunications carriers under universal service to a telecommunications this paragraph as payment for charges for section 251 shall include: carrier who intends to resell that service to telecommunications services that are im- ‘‘(A) Nondiscriminatory access on an a category of customers different from the posed by the telecommunications carrier on unbundled basis to the network functions category of customers being offered that uni- individuals described in paragraph (2). and services of the Bell operating company’s versal service by such carrier if the Commis- ‘‘(E) REIMBURSEMENT.—The Commission telecommunications network that is at least sion or State orders a carrier to provide the shall, upon submittal of vouchers by a tele- equal in type, quality, and price to the ac- same service to different categories of cus- communications carrier, reimburse the tele- cess the Bell operating company affords to tomers at different prices necessary to pro- communications carrier in an amount equal itself or any other entity. mote universal service; or to the value of the vouchers submitted. ‘‘(B) The capability to exchange tele- ‘‘(ii) of subsidized universal service in a Amounts necessary for reimbursements communications between customers of the manner that allows companies to charge an- under this subparagraph shall be derived Bell operating company and the tele- other carrier rates which reflect the actual from contributions for universal support communications carrier seeking inter- cost of providing those services to that car- under subsection (c).’’ connection. rier, exclusive of any universal service sup- ‘‘(C) Nondiscriminatory access to the port received for providing such services in GORTON AMENDMENT NO. 1277 poles, ducts, conduits, and rights-of-way accordance with section 214(d)(5). owned or controlled by the Bell operating ‘‘(3) JOINT MARKETING OF LOCAL AND LONG Mr. GORTON proposed an amend- company at just and reasonable rates where DISTANCE SERVICES.—Until a Bell operating ment to amendment No. 1270 proposed it has the legal authority to permit such ac- company is authorized to provide interLATA by Mrs. FEINSTEIN to the bill, S. 652, cess. services in a telephone exchange where that ‘‘(D) Local loop transmission from the cen- supra; as follows: company is the dominant provider of tral office to the customer’s premises, wireline telephone exchange service or ex- In the matter proposed to be stricken, unbundled from local switching or other change access service, a telecommunications strike ‘‘or is inconsistent with this section, services. carrier may not jointly market in such tele- the Commission shall promptly’’ and insert ‘‘(E) Local transport from the trunk side of phone exchange area telephone exchange ‘‘subsection (a) or (b), the Commission a wireline local exchange carrier switch service purchased from such company with shall’’. unbundled from switching or other services. interLATA services offered by that tele- ‘‘(F) Local switching unbundled from communications carrier. DORGAN (AND OTHERS) transport, local loop transmission, or other ‘‘(4) COMMISSION MAY NOT EXPAND COMPETI- AMENDMENT NO. 1278 services. ‘‘(G) Nondiscriminatory access to— TIVE CHECKLIST.—The Commission may not, Mr. DORGAN (for himself, Mr. ‘‘(i) 911 and E911 services; by rule or otherwise, limit or extend the HELMS, and Mr. KERREY) proposed an ‘‘(ii) directory assistance services to allow terms used in the competitive checklist. amendment to the bill, S. 652, supra; as the other carrier’s customers to obtain tele- ‘‘(c) IN-REGION SERVICES.— follows: phone numbers; and ‘‘(1) APPLICATION.—Upon the enactment of the Telecommunications Act of 1995, a Bell Strike paragraph (1) of subsection (b) of ‘‘(iii) operator call completion services. ‘‘(H) White pages directory listings for cus- operating company or its affiliate may apply Section (207) and insert in lieu thereof the tomers of the other carrier’s telephone ex- to the Commission and the Attorney General following: change service. for authorization notwithstanding the Modi- ‘‘(b) REVIEW AND MODIFICATION OF BROAD- ‘‘(I) Until the date by which neutral tele- fication of Final Judgment to provide CAST RULES.—The Commission shall: phone number administration guidelines, interLATA telecommunications service orig- ‘‘(1) modify or remove such national and plan, or rules are established, nondiscrim- inating in any area where such Bell oper- local ownership rules on radio and television inatory access to telephone numbers for as- ating company is the dominant provider of broadcasters as are necessary to ensure that signment to the other carrier’s telephone ex- wireline telephone exchange service or ex- broadcasters are able to compete fairly with change service customers. After that date, change access service. The application shall other media providers while ensuring that compliance with such guidelines, plan, or describe with particularity the nature and the public receives information from a diver- rules. scope of the activity and of each product sity of media sources and localism and serv- ‘‘(J) Nondiscriminatory access to data- market or service market, and each geo- ice in the public interest is protected, taking bases and associated signaling, including sig- graphic market for which authorization is into consideration the economic dominance naling links, signaling service control sought. of providers in a market and points, and signaling service transfer points, ‘‘(2) DETERMINATION BY COMMISSION AND AT- ‘‘(2) review the ownership restriction in necessary for call routing and completion. TORNEY GENERAL.— section 613(a)(1).’’ ‘‘(K) Until the date by which the Commis- ‘‘(A) DETERMINATION.—Not later than 90 sion determines that final telecommuni- days after receiving an application under THURMOND AMENDMENT NO. 1279 cations number portability is technically paragraph (1), the Commission and the At- (Ordered to lie on the table.) feasible and must be made available, interim torney General shall each issue a written de- termination, on the record after a hearing Mr. THURMOND submitted an telecommunications number portability through remote call forwarding, direct in- and opportunity for comment, granting or amendment intended to be proposed by ward dialing trunks, or other comparable ar- denying the application in whole or in part. him to the bill S. 652, supra; as follows: rangements, with as little impairment of ‘‘(B) APPROVAL BY COMMISSION.—The Com- On page 82, line 23, strike all after the word functioning, quality, reliability, and conven- mission may only approve the authorization ‘‘service’’ through page 91, line 2, and insert ience as possible. After that date, full com- requested in an application submitted under the following: pliance with final telecommunications num- paragraph (1) if it— ‘‘to the extent approved by the Commission ber portability. ‘‘(i) finds that the petitioning Bell oper- and the Attorney General of the United ‘‘(L) Nondiscriminatory access to whatever ating company has fully implemented the States in accordance with the provisions of services or information may be necessary to competitive checklist found in subsection subsection (c); allow the requesting carrier to implement (b)(2);

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8268 CONGRESSIONAL RECORD — SENATE June 13, 1995 ‘‘(ii) finds that the requested authority board consisting of appropriate members of (2) by adding at the end the following new will be carried out in accordance with the re- such industry, providers, and users) to de- subsections: quirements of section 252; and ‘‘(iii) deter- velop a highly effective means of preventing ‘‘(d) Whoever— mines that the requested authorization is the access of children through public infor- ‘‘(1) knowingly within the United States or consistent with the public interest, conven- mation networks to electronic files that con- in foreign communications with the United ience, and necessity, in making its deter- tain such text or graphics, States by means of telecommunications de- mination whether the requested authoriza- The Secretary of Commerce shall take ap- vice makes or makes available any obscene tion is consistent with the public interest propriate steps to make information on the communications in any form including any convenience, and necessity, the Commission tags established and utilized in voluntary comment, request, suggestion, proposal, or shall not consider the antitrust effects of compliance with subsection (a) available to image regardless of whether the maker of such authorization in any market for which the public through public information net- such communication placed the call or initi- authorization is sought. Nothing in this sub- works. ated the communications; or section shall limit the authority of the Com- (c) REPORT.—Not later than 1 year after ‘‘(2) knowingly permits any telecommuni- mission under any other section. If the Com- the date of the enactment of this Act, the cations facility under such person’s control mission does not approve an application Comptroller General shall submit to Con- to be used for an activity prohibited by sub- under this subparagraph it shall state the gress a report on the tags established and section (d)(1) with the intent that it be used basis for its denial of the application. utilized in voluntary compliance with this for such activity; (C) APPROVAL BY ATTORNEY GENERAL.—The section. The report shall— shall be fined not more than $100,000 or im- Attorney General may only approve the au- (1) describe the tags so established and uti- prisoned not more than two years or both. thorization requested in an application sub- lized; ‘‘(e) Whoever— mitted under paragraph (1) if the Attorney (2) assess the effectiveness of such tags in ‘‘(1) knowingly within the United States or General finds that the effect of such author- preventing the access of children to elec- in foreign communications with the United ization will not substantially lessen com- tronic files that contain obscene, indecent, States by means of telecommunications de- petition, or tend the create a monopoly in or mature text or graphics through public in- vice makes or makes available any indecent any line of commerce in any section of the formation networks; and communications in any form including any country. The Attorney General may approve (3) provide recommendations for additional comment, request, suggestion, proposal, or all or part of the request. If the Attorney means of preventing such access. image to any person under 18 years of age re- General does not approve an application (d) DEFINITIONS.—In this section: gardless of whether the maker of such com- under this subparagraph, the Attorney Gen- (2) The term ‘‘public information network’’ munication placed the call or initiated the eral shall state the basis for the denial of the means the Internet, electronic bulletin communications; or application. These provisions shall become boards, and other electronic information net- ‘‘(2) knowingly permits any telecommuni- effective one day after date of enactment. works that are open to the public. cations facility under such person’s control to be used for an activity prohibited by sub- ‘‘(3) PUBLICATION.—Not later than 10 days (2) The term ‘‘tag’’ means a part or seg- after issuing a determination under para- ment of the name, address, or text of an elec- section (1) with the intent that it be used for graph (2), the Commission and the Attorney tronic file. such activity; General shall each publish in the Federal shall be fined not more than $100,000 or im- Register a brief description of the deter- prisoned not more than two years or both. EXON (AND COATS) AMENDMENT ‘‘(f) Defenses to the subsections (a), (d), mination. NO. 1281 ‘‘(4) JUDICIAL REVIEW.— and (e), restrictions on access, judicial rem- ‘‘(A) COMMENCEMENT OF ACTION.—Not later (Ordered to lie on the table.) edies respecting restrictions for persons pro- than 45 days after a determination by the Mr. EXON (for himself and Mr. viding information services and access to in- formation services— Commission or the Attorney General is pub- COATS) submitted an amendment in- lished under paragraph (3), the Bell oper- ‘‘(1) No person shall be held to have vio- tended to be proposed by them to the lated subsections (a), (d), or (e) solely for ating company or its subsidiary or affiliate bill S. 652, supra; as follows: that applied to the Commission and the At- providing access or connection to or from a torney General under paragraph (1), or any On page 137 beginning with line 12 strike facility, system, or network over which that person who would be threatened with loss or through line 10 on page 143 and insert the fol- person has no control, including related ca- damage as a result of the determination re- lowing: pabilities which are incidental to providing garding such company’s engaging in the ac- (1) by striking subsection (a) and inserting access or connection. This subsection shall tivity described in its application, may com- in lieu thereof: not be applicable to an individual who is mence an action in any United States Court ‘‘(a) Whoever— owned or controlled by, or a conspirator of Appeals against the Commission or the ‘‘(1) in the District of Columbia or in inter- with, an entity actively involved in the cre- Attorney General for judicial review of the state or foreign communications— ation, editing or knowing distribution of determination regarding the application.’’ ‘‘(A) by means of telecommunications de- communications which violate this section. vice knowingly— ‘‘(2) No employer shall be held liable under ‘‘(i) makes, creates, or solicits, and this section for the actions of an employee or ROBB AMENDMENT NO. 1280 ‘‘(ii) initiates the transmission of, agent unless the employee’s or agent’s con- duct is within the scope of his employment (Ordered to lie on the table.) any comment, request, suggestion, proposal, or agency and the employer has knowledge Mr. ROBB submitted an amendment image, or other communication which is ob- of, authorizes, or ratifies the employee’s or scene, lewd, lascivious, filthy, or indecent, intended to be proposed by him to the agent’s conduct. bill, S. 652, supra; as follows: with intent to annoy, abuse, threaten, or ‘‘(3) It is a defense to prosecution under harass another person; On page 146, below line 14, add the fol- subsection (a), (d)(2), or (e) that a person has ‘‘(B) makes a telephone call or utilizes a lowing: taken reasonable, effective and appropriate telecommunications device, whether or not SEC. 409. RESTRICTIONS ON ACCESS BY CHIL- actions in good faith to restrict or prevent conversation or communication ensues, the transmission of, or access to a commu- DREN TO OBSCENE AND INDECENT without disclosing his identity and with in- MATERIAL ON ELECTRONIC INFOR- nication specified in such subsections, or MATION NETWORKS OPEN TO THE tent to annoy, abuse, threaten, or harass any complied with procedures as the Commission PUBLIC. person at the called number or who receives may prescribe in furtherance of this section. In order. the communication; Until such regulations become effective, it is (1) to encourage the voluntary use of tags ‘‘(C) makes or causes the telephone of an- a defense to prosecution that the person has in the names, addresses, or text of electronic other repeatedly or continuously to ring, complied with the procedures prescribed by files containing obscene, indecent, or mature with intent to harass any person at the regulation pursuant to subsection (b)(3). text or graphics that are made available to called number; or Nothing in this subsection shall be construed the public through public information net- ‘‘(D) makes repeated telephone calls or re- to treat enhanced information services as works in order to ensure the ready identi- peatedly initiates communication with a common carriage. fication of files containing such text or telecommunications device, during which ‘‘(4) No cause of action may be brought in graphics; conversation or communication ensues, sole- any court or administrative agency against (2) to encourage developers of computer ly to harass any person at the called number any person on account of any activity which software that provides access to or interface or who receives the communication; or is not in violation of any law punishable by with a public information network to de- ‘‘(2) knowingly permits any telecommuni- criminal or civil penalty, which activity the velop software that permits users of such cations facility under his control to be used person has taken in good faith to implement software to block access to or interface with for any activity prohibited by paragraph (1) a defense authorized under this section or text or graphics identified by such tags; and with the intent that it be used for such ac- otherwise to restrict or prevent the trans- (3) to encourage the telecommunications tivity, mission of, or access to, a communication industry and the providers and users of pub- shall be fined not more than $100,000 or im- specified in this section. lic information networks to take practical prisoned not more than two years, or both.’’; ‘‘(g) No State or local government may im- actions (including the establishment of a and pose any liability for commercial activities

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8269 or actions by commercial entities in connec- At the end of the bill, insert the following: mentary and Secondary Education Act of tion with an activity or action which con- TITLE —NATIONAL EDUCATION 1965; and stitutes a violation described in subsection TECHNOLOGY FUNDING CORPORATION (3) the term ‘‘public library’’ has the same (a)(2), (d)(2), or (e)(2) that is inconsistent meaning given such term in section 3 of the SEC. 01. SHORT TITLE. with the treatment of those activities or ac- Library Services and Construction Act. tions under this section provided, however, This title may be cited as the ‘‘National Education Technology Funding Corporation SEC. 04. ASSISTANCE FOR EDUCATION TECH- that nothing herein shall preclude any State NOLOGY PURPOSES. Act of 1995’’. or local government from enacting and en- (a) AUTHORIZATION OF ASSISTANCE.—Each forcing complementary oversight, liability, SEC. 02. FINDINGS; PURPOSE. Federal department or agency is authorized and regulatory systems, procedures, and re- (a) FINDINGS.—The Congress finds as fol- to award grants or contracts, or provide quirements, so long as such systems, proce- lows: gifts, contributions, or technical assistance, dures, and requirements govern only intra- (1) CORPORATION.—There has been estab- to the Corporation to enable the Corporation state services and do not result in the impo- lished in the District of Columbia a private, to carry out the corporate purposes de- sition of inconsistent rights, duties or obli- nonprofit corporation known as the National scribed in section 02(a)(3). gations on the provision of interstate serv- Education Technology Funding Corporation (b) AGREEMENT.—In order to receive any ices. Nothing in this subsection shall pre- which is not an agency or independent estab- assistance described in subsection (a) the clude any State or local government from lishment of the Federal Government. Corporation shall enter into an agreement governing conduct not covered by this sec- (2) BOARD OF DIRECTORS.—The Corporation with the Federal department or agency pro- tion. is governed by a Board of Directors, as pre- viding such assistance, under which the Cor- ‘‘(h) Nothing in subsection (a), (d), (e), or scribed in the Corporation’s articles of incor- poration agrees— (f) or in the defenses to prosecution under poration, consisting of 15 members, of (1) to use such assistance to provide fund- (a), (d), or (e) shall be construed to affect or which— ing and technical assistance only for activi- limit the application or enforcement of any (A) five members are representative of pub- ties which the Board of Directors of the Cor- other Federal law. lic agencies representative of schools and poration determines are consistent with the ‘‘(i) The use of the term ‘telecommuni- public libraries; corporate purposes described in section cations device’ in this section shall not im- (B) five members are representative of 02(a)(3); pose new obligations on (one-way) broadcast State government, including persons knowl- (2) to review the activities of State edu- radio or (one-way) broadcast television oper- edgeable about State finance, technology cation technology agencies and other enti- ators licensed by the Commission or (one- and education; and ties receiving assistance from the Corpora- way) cable service registered with the Fed- (C) five members are representative of the tion to assure that the corporate purposes eral Communications Commission and cov- private sector, with expertise in network described in section 02(a)(3) are carried ered by obscenity and indecency provisions technology, finance and management. out; elsewhere in this Act. (3) CORPORATE PURPOSES.—The purposes of (3) that no part of the assets of the Cor- ‘‘(j) Within two years from the date of en- the Corporation, as set forth in its articles of poration shall accrue to the benefit of any actment and every two years thereafter, the incorporation, are— member of the Board of Directors of the Cor- Commission shall report on the effectiveness (A) to leverage resources and stimulate poration, any officer or employee of the Cor- of this section.’’ private investment in education technology poration, or any other individual, except as On page 144, strike lines 1 through 17, and infrastructure; salary or reasonable compensation for serv- in lieu thereof insert the following: (B) to designate State education tech- ices; SEC. 405. DISSEMINATION OF INDECENT MATE- nology agencies to receive loans, grants or (4) that the Board of Directors of the Cor- RIAL ON CABLE TELEVISION SERV- other forms of assistance from the Corpora- poration will adopt policies and procedures ICE. tion; to prevent conflicts of interest; (a) IN GENERAL.—Chapter 71 of title 18, (C) to establish criteria for encouraging (5) to maintain a Board of Directors of the United States Code, is amended by inserting States to— Corporation consistent with section after section 1464 the following: (i) create, maintain, utilize and upgrade 02(a)(2); ‘‘§ 1464A. Dissemination of indecent material interactive high capacity networks capable (6) that the Corporation, and any entity re- on cable television of providing audio, visual and data commu- ceiving the assistance from the Corporation, ‘‘(a) Whoever knowingly disseminates any nications for elementary schools, secondary are subject to the appropriate oversight pro- indecent material on any channel provided schools and public libraries; cedures of the Congress; and to all subscribers as part of a basic cable tel- (ii) distribute resources to assure equitable (7) to comply with— evision package shall be imprisoned not aid to all elementary schools and secondary (A) the audit requirements described in more than two years or fined under this schools in the State and achieve universal section 05; and title, or both. access to network technology; and (B) the reporting and testimony require- ‘‘(b) As used in this section, the term ‘basic (iii) upgrade the delivery and development ments described in section 06. cable television package’ means those chan- of learning through innovative technology- (c) CONSTRUCTION.—Nothing in this title nels provided by any means for a basic cable based instructional tools and applications; shall be construed to establish the Corpora- subscription fee to all cable subscribers, in- (D) to provide loans, grants and other tion as an agency or independent establish- cluding ‘basic cable service’ and ‘other pro- forms of assistance to State education tech- ment of the Federal Government, or to es- gramming service’ as those terms are defined nology agencies, with due regard for pro- tablish the members of the Board of Direc- in section 602 of the Communications Act of viding a fair balance among types of school tors of the Corporation, or the officers and 1934 but does not include separate channels districts and public libraries assisted and the employees of the Corporation, as officers or that are provided to subscribers upon spe- disparate needs of such districts and librar- employees of the Federal Government. cific request, whether or not a separate or ies; SEC. 05. AUDITS additional fee is charged.’’. (E) to leverage resources to provide max- (a) AUDITS BY INDEPENDENT CERTIFIED PUB- ‘‘(c) CLERICAL AMENDMENT.—The table of imum aid to elementary schools, secondary LIC ACCOUNTANTS.— sections at the beginning of chapter 71 of schools and public libraries; and (1) IN GENERAL.—The Corporation’s finan- title 18, United States Code, is amended by (F) to encourage the development of edu- cial statements shall be audited annual in inserting after the item relating to section cation telecommunications and information accordance with generally accepted auditing 1464 the following new item: technologies through public-private ven- standards by independent certified public ac- ‘‘1464A. Dissemination of indecent material tures, by serving as a clearinghouse for in- countants who are members of a nationally on cable television.’’. formation on new education technologies, recognized accounting firm and who are cer- At the end of bill add: and by providing technical assistance, in- tified by a regulatory authority of a State or SEC. 409. SEPARABILITY. cluding assistance to States, if needed, to es- other political subdivision of the United If any provision of this title, including tablish State education technology agencies. States. The audits shall be conducted at the amendments to this title or the application (b) PURPOSE.—The purpose of this title is place or places where the accounts of the thereof to any person or circumstance is held to recognize the Corporation as a nonprofit Corporation are normally kept. All books, invalid, the remainder of this title and the corporation operating under the laws of the accounts, financial records, reports, files, application of such provision to other per- District of Columbia, and to provide author- and all other papers, things, or property be- sons or circumstances shall not be affected ity for Federal departments and agencies to longing to or in use by the Corporation and thereby. provide assistance to the Corporation. necessary to facilitate the audit shall be SEC. 03. DEFINITIONS. made available to the person or persons con- MOSELEY-BRAUN AMENDMENT NO. For the purpose of this title— ducting the audits, and full facilities for 1282 (1) the term ‘‘Corporation’’ means the Na- verifying transactions with the balances or tional Education Technology Funding Cor- securities held by depositories, fiscal agents, (Ordered to lie on the table) poration described in section 02(a)(1); and custodians shall be afforded to such per- Ms. MOSELEY-BRAUN submitted an (2) the terms ‘‘elementary school’’ and son or persons. amendment intended to be proposed by ‘‘secondary school’’ have the same meanings (2) REPORTING REQUIREMENTS.—The report her to the bill S. 652, supra; as follows: given such terms in section 14101 of the Ele- of each annual audit described in paragraph

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8270 CONGRESSIONAL RECORD — SENATE June 13, 1995 (1) shall be included in the annual report re- an annual report for the preceding fiscal ‘‘(A) the independent auditor, the Commis- quired by section 06(a). year and submit that report to the President sion, and the State commission shall have (b) AUDITS BY THE COMPTROLLER GENERAL and the Congress. The report shall include a access to the financial accounts and records OF THE UNITED STATES.— comprehensive and detailed evaluation of of each company and of its subsidiaries nec- (1) AUDITS.—The programs, activities and the Corporation’s operations, activities, fi- essary to verify transactions conducted with financial transactions of the Corporation nancial condition, and accomplishments that company that are relevant to the spe- shall be subject to audit by the Comptroller under this title and may include such rec- cific activities permitted under this section General of the United States under such ommendations as the Corporation deems ap- and that are necessary for the regulation of rules and regulations as may be prescribed propriate. rates; by the Comptroller General. The representa- (b) TESTIMONY BEFORE CONGRESS.—The ‘‘(B) the Commission and the State com- tives of the Comptroller General shall have members of the Board of Directors, and offi- mission shall have access to the working pa- access to such books, accounts, financial cers, of the Corporation shall be available to pers and supporting materials of any auditor records, reports, files and such other papers, testify before appropriate committees of the who performs an audit under this section; things, or property belonging to or in use by Congress with respect to the report described and the Corporation and necessary to facilitate in subsection (a), the report of any audit the audit, and the representatives shall be ‘‘(C) the State commission shall imple- made by the Comptroller General pursuant afforded full facilities for verifying trans- ment appropriate procedures to ensure the to this title, or any other matter which any actions with the balances or securities held protection of any proprietary information such committee may determine appropriate. by depositories, fiscal agents, and submitted to it under this section. custodians. The representatives of the Comp- troller General shall have access, upon re- SIMON AMENDMENTS NOS. 1283–1284 quest to the Corporation or any auditor for (Ordered to lie on the table.) MCCAIN (AND OTHERS) an audit of the Corporation under this sec- Mr. SIMON submitted an amendment AMENDMENT NO. 1285 tion, to any books, financial records, reports, files or other papers, things, or property be- intended to be proposed by him to the (Ordered to lie on the table.) longing to or in use by the Corporation and bill S. 652, supra; as follows: Mr. MCCAIN (for himself, Ms. SNOWE, used in any such audit and to papers, AMENDMENT NO. 1283 Mr. ROCKEFELLER, Mr. EXON, Mr. records, files, and reports of the auditor used On page 82, between lines 4 and 5, insert KERREY, and Mr. CRAIG) submitted an in such an audit. the following: amendment intended to be proposed by (2) REPORT.—A report on each audit de- (e) SUPERSEDING RULE ON RADIO OWNER- scribed in paragraph (1) shall be made by the him to the bill, S. 652, supra; as fol- SHIP.—In lieu of making the modification re- lows: Comptroller General to the Congress. The re- quired by the first sentence of subsection port to the Congress shall contain such com- (b)(2), the Commission shall modify its rules At the end of section 310 of the Act, add ments and information as the Comptroller set forth in 47 CFR 73,3555 by limiting to 50 the following: General may deem necessary to inform the AM or 50 FM broadcast stations the number ( ) No entity listed in this section shall be Congress of the financial operations and con- of such stations which may be owned or con- entitled for preferential rates or treatment dition of the Corporation, together with such trolled by one entity nationally. as required by this section, if such entity op- recommendations as the Comptroller Gen- erates as a for-profit business, is a school as eral may deem advisable. The report shall AMENDMENT NO. 1284 defined in sec. 264(d)(1) with an endowment also show specifically any program, expendi- On page 31, insert at the appropriate place of more than $50 million dollars, or is a li- ture, or other financial transaction or under- brary not eligible for participation in state- taking observed or reviewed in the course of the following: ‘‘(d) BIENNIAL AUDIT.— based plane for Library Services and Con- the audit, which, in the opinion of the Comp- struction Act Title III funds. troller General, has been carried on or made ‘‘(1) GENERAL REQUIREMENT.—A company contrary to the requirements of this title. A required to operate a separate subsidiary copy of each such report shall be furnished under this section shall obtain and pay for to the President and to the Corporation at an audit every 2 years conducted by an inde- SIMON AMENDMENT NO. 1286 pendent auditor selected by, and working at the time such report is submitted to the (Ordered to lie on the table.) Congress. the direction of, the State commission of (c) AUDIT BY INSPECTOR GENERAL OF THE each State in which such company provides Mr. SIMON submitted an amendment DEPARTMENT OF COMMERCE.—The financial service, to determine whether such company intended to be proposed by him to the transactions of the Corporation may also be has complied with this section and the regu- bill, S. 652, supra; as follows: audited by the Inspector General of the De- lations promulgated under this section, and On page 79, line 11, in the language added partment of Commerce under the same con- particularly whether such company has com- by the Dole amendment #1255 (as modified), ditions set forth in subsection (b) for audits plied with the separate accounting require- insert the following: by the Comptroller General of the United ments under subsection (b). (3) SUPERSEDING RULE ON RADIO OWNER- States. ‘‘(2) RESULTS SUBMITTED TO COMMISSION; SHIP.—In lieu of making the modification re- (d) RECORDKEEPING REQUIREMENTS; AUDIT STATE COMMISSIONS.—The auditor described quired by the first sentence of subsection AND EXAMINATION OF BOOKS.— in paragraph (1) shall submit the results of (b)(2), the Commission shall modify its rules (1) RECORDKEEPING REQUIREMENTS.—The the audit to the Commission and to the set forth in 47 CFR 73,3555 by limiting to 50 Corporation shall ensure that each recipient State commission of each State in which the AM or 50 FM broadcast stations the number of assistance from the Corporation keeps— company audited provides service, which (A) separate accounts with respect to such of such stations which may be owned or con- shall make such results available for public trolled by one entity nationally. assistance; inspection. Any party may submit comments (B) such records as may be reasonably nec- on the final audit report. essary to fully disclose— ‘‘(3) REGULATIONS.—The audit required (i) the amount and the disposition by such under paragraph (1) shall be conducted in ac- BUMPERS AMENDMENT NO. 1287 recipient of the proceeds of such assistance; (ii) the total cost of the project or under- cordance with procedures established by reg- (Ordered to lie on the table.) taking in connection with which such assist- ulation by the State commission of the State Mr. BUMPERS submitted an amend- ance is given or used; and in which such company provides service. The ment intended to be proposed by him regulations shall include requirements (iii) the amount and nature of that portion to the bill, S. 652, supra; as follows: of the cost of the project or undertaking sup- that— plied by other sources; and ‘‘(A) each audit submitted to the Commis- In section 206(b) of the bill, strike ‘‘de- (C) such other records as will facilitate an sion and to the State commission is certified scribed in subsection (a)(1)’’. effective audit. by the auditor responsible for conducting the (2) AUDIT AND EXAMINATION OF BOOKS.—The audit; and Corporation shall ensure that the Corpora- ‘‘(B) each audit shall be certified by the LEAHY (AND OTHERS) tion, or any of the Corporation’s duly au- person who conducted the audit and shall AMENDMENT NO. 1288 thorized representatives, shall have access identify with particularity any qualifica- for the purpose of audit and examination to tions or limitations on such certification and (Ordered to lie on the table.) any books, documents, papers, and records of any other information relevant to the en- Mr. LEAHY (for himself, Ms. any recipient of assistance from the Corpora- forcement of the requirements of this sec- MOSELEY-BRAUN, Mr. FEINGOLD, and tion. tion that are pertinent to such assistance. Mr. KERREY) submitted an amendment ‘‘(4) COMMISSION REVIEW.—The Commission Representatives of the Comptroller General intended to be proposed by him to the shall also have such access for such purpose. shall periodically review and analyze the au- bill, S. 652, supra; as follows: SEC. 06. ANNUAL REPORT; TESTIMONY TO THE dits submitted to it under this subsection. CONGRESS. ‘‘(5) ACCESS TO DOCUMENTS.—For purposes On page 137, strike out line 7 and all that (a) ANNUAL REPORT.—Not later than April of conducting audits and reviews under this follows through page 144, line 19, and insert 30 of each year, the Corporation shall publish subsection— in lieu thereof the following:

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8271 SEC. 402. OBSCENE PROGRAMMING ON CABLE AMENDMENT NO. 1290 Mr. MCCAIN (for himself, Mr. PACK- TELEVISION. On page 116, between lines 2 and e, insert WOOD, and Mr. CRAIG) submitted an Section 639 (47 U.S.C. 559) is amended by the following: striking ‘‘$10,000’’ and inserting ‘‘$100,000’’. amendment intended to be proposed by ‘‘(D) Notwithstanding any other provision them to the bill, S. 652, supra; as fol- SEC. 403. BROADCASTING OBSCENE LANGUAGE this Act, the Commission and the States ON RADIO. lows: may, in establishing any such alternative Section 1464 of title 18, United States Code, form of regulation, take into account the On page 119, strike out line 3 and all that is amended by striking out ‘‘$10,000’’ and in- earnings of a telecommunications carrier in follows through page 120, line 4, and insert in serting ‘‘$100,000’’. order to ensure that the rates for the serv- lieu thereof the following: SEC. 404. REPORT ON MEANS OF RESTRICTING ices of such carrier which are not subject to ‘‘(a) REGULATORY FORBEARANCE.—The Com- ACCESS TO UNWANTED MATERIAL mission shall forbear from applying any reg- IN INTERACTIVE TELECOMMUNI- effective competition are just, reasonable, and affordable.’’. ulation or any provision of this Act to a tele- CATIONS SYSTEMS. communications carrier or service, or class (a) REPORT.—Not later than 150 days after of carriers or services, in any or some of its the date of the enactment of this Act, the AMENDMENT NO. 1291 or their geographic markets, if the Commis- Attorney General shall submit to the Com- On page 24, beginning on line 20, strike out sion determines that— mittees on the Judiciary of the Senate and ‘‘no State court’’ and all that follows ‘‘(1) enforcement of such regulation or pro- the House of Representatives a report con- through ‘‘under this section’’. vision is not necessary for the protection of taining— (1) an evaluation of the enforceability with consumers; and ‘‘(2) the absence of such regulation or pro- respect to interactive media of current ROCKEFELLER AMENDMENT NO. vision will not constitute a barrier to com- criminal laws governing the distribution of 1292 petition. obscenity over computer networks and the (Ordered to lie on the table.) ‘‘(b) ELIMINATION OF REGULATION OF COM- creation and distribution of child pornog- Mr. ROCKEFELLER submitted an MON CARRIERS OTHER THAN LOCAL EXCHANGE raphy by means of computers; (2) an assessment of the Federal, State, amendment intended to be proposed by CARRIERS.—The Commission shall not apply and local law enforcement resources that are him to the bill, S. 652, supra; as fol- any provision of part I of title II (except sec- currently available to enforce such laws; lows: tions 201, 202, 208, and 223 through 229) to any carrier other than a local exchange carrier in (3) an evaluation of the technical means In section 264 of the Communications Act any market. available— of 1934, as added by section 310 of the bill be- ‘‘(c) ELIMINATION OF REGULATION OF LOCAL (A) to enable parents to exercise control ginning on page 132, strike subsections (a) EXCHANGE CARRIERS.—The Commission shall over the information that their children re- and (b) and insert the following: not apply any provision of part I of title II ceive by interactive telecommunications ‘‘(a) IN GENERAL.— (except sections 201, 202, 208, and 223 through systems so that children may avoid violent, ‘‘(1) HEALTH CARE PROVIDERS FOR RURAL 229) to any service of a local exchange carrier sexually explicit, harassing, offensive, and AREAS.—A telecommunications carrier shall, in any market that is open for competition other unwanted material on such systems; upon receiving a bona fide request, provide as a result of— (B) to enable other users of such systems telecommunications services which are nec- ‘‘(1) the elimination of the barriers to to exercise control over the commercial and essary for the provision of health care serv- entry pursuant to section 254; noncommercial information that they re- ices, including instruction relating to such ‘‘(2) compliance by the carrier providing ceive by such systems so that such users services, at rates that are reasonably com- such service with section 251; and may avoid violent, sexually explicit, parable to rates charged for similar services ‘‘(3) compliance by a Bell operating com- harassing, offensive, and other unwanted ma- in urban areas to any public or nonprofit pany with section 252, except to the extent terial on such systems; and health care provider that serves persons who (C) to promote the free flow of informa- granted an exception from such compliance reside in rural areas. A telecommunications tion, consistent with the values expressed in pursuant to subsection (g) of that section. carrier providing service pursuant to this the Constitution, in interactive media; and ‘‘(d) DETERMINATIONS.—A carrier may paragraph shall be entitled to have an (4) recommendations on means of encour- apply to the Commission for a determination amount equal to the difference, if any, be- aging the development and deployment of that the provisions of subsection (a) or (c) tween the price for services provided to technology, including computer hardware apply to the carrier. The Commission shall health care providers for rural areas and the and software, to enable parents and other determine whether or not such provisions price for similar services provided to other users of interactive telecommunications sys- apply to the carrier not later than 180 days customers in comparable urban areas treated tems to exercise the control described in sub- after the date of its submission. If the Com- as a service obligation as a part of its obliga- paragraphs (A) and (B) of paragraph (3). mission does not make a determination on tion to participate in the mechanisms to pre- (b) CONSULTATION.—In preparing the report an application within the time required for serve and advance universal service under under subsection (a), the Attorney General the determination in the preceding sentence, section 253(c). shall consult with the Assistant Secretary of such provisions shall be deemed to apply to ‘‘(2) EDUCATIONAL PROVIDERS AND LIBRAR- Commerce for Communications and Informa- the carrier. IES.—All telecommunications carriers serv- tion. ‘‘(e) RATES.—A carrier to which section 203 ing a geographic area shall, upon a bona fide SEC. 405. ADDITIONAL PROHIBITION ON BILLING does not apply by reason of subsection (b) or request, provide to elementary schools, sec- FOR TOLL-FREE TELEPHONE CALLS. (c) shall, upon request, make available for ondary schools, and libraries universal serv- public inspection the rates such carrier ices (as defined in section 253) that permit charges for telecommunications services. LEAHY (AND OTHERS) such schools and libraries to provide or re- ‘‘(f) LIMITATION.—Except as provided in AMENDMENT NO. 1289 ceive telecommunications services for edu- section (Ordered to lie on the table.) cational purposes at rates less than the Mr. LEAHY (for himself, Mr. FEIN- amounts charged for similar services to other parties. The discount shall be an SPECTER AMENDMENT NO. 1294 GOLD, Mr. SIMPSON, Mr. SIMON, and Mr. amount that the Commission and the States (Ordered to lie on the table.) KERREY) submitted an amendment in- determine is appropriate and necessary to tended to be proposed by them to the Mr. SPECTER submitted an amend- ensure affordable access to and use of such ment intended to be proposed by him bill, S. 652, supra; as follows: telecommunications by such entities. A tele- On page 93, strike out line 7 and all that communications carrier providing service to the bill, S. 652, supra; as follows: follows through line 12 and insert in lieu pursuant to this paragraph shall be entitled At the appropriate place in the bill, insert thereof the following: to have an amount equal to the amount of the following: ‘‘(ii) Nothing in this subsection shall pre- the discount treated as a service obligation SEC. . TELECOMMUTING PUBLIC INFORMATION vent a State from ordering the implementa- as part of its obligation to participate in the PROGRAM. tion of toll dialing parity in an intraLATA mechanisms to preserve and advance uni- (a) FINDINGS.—Congress makes the fol- area by a Bell operating company before the versal service under section 253(c). lowing findings— Bill operating company has been granted au- ‘‘(b) UNIVERSAL SERVICE MECHANISMS.—The (1) Telecommuting is the practice of allow- thority under this subsection to provide Commission shall include consideration of ing people to work either at home or in near- interLATA services in that area.’’. the universal service provided to public in- by centers located closer to home during stitutional telecommunications users in any their normal working hours, substituting LEAHY AMENDMENTS NOS. 1290– universal service mechanism it may estab- telecommunications services, either par- 1291 lish under section 253. tially or completely, for transportation to a more traditional workplace; (Ordered by lie on the table.) (2) Telecommuting is now practiced by an Mr. LEAHY submitted two amend- McCAIN (AND OTHERS) AMENDMENT NO. 1293 estimated two to seven million Americans, ments intended to be proposed by him including individuals with impaired mobil- to the bill, S. 652, supra; as follows: (Ordered to lie on the table.) ity, who are taking advantage of computer

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8272 CONGRESSIONAL RECORD — SENATE June 13, 1995 and telecommunications advances in recent section 623(c), as amended by this Act, for 400,000 and only with respect to each system years; purposes of section 623(c), the Commission of the operator that has less than 35,000 sub- (3) Telecommuting has the potential to may only consider a rate for cable program- scribers. dramatically reduce fuel consumption, mo- ming services to be unreasonable if it ex- bile source air pollution, vehicle miles trav- ceeds the national average rate for com- BREAUX AMENDMENT NO. 1299 eled, and time spent commuting, thus con- parable programming services in cable sys- tributing to an improvement in the quality tems subject to effective competition. (Ordered to lie on the table.) of life for millions of Americans; and (b) RATES OF SMALL CABLE COMPANIES.— Mr. BREAUX submitted an amend- (4) It is in the public interest for the Fed- (1) IN GENERAL.—Notwithstanding any ment intended to be proposed by him eral Government to collect and disseminate other provision of this Act or the amend- to the bill, S. 652, supra; as follows: information encouraging the increased use of ments made by this Act, the regulations pre- telecommuting and identifying the potential On page 123, line 10, add the following new scribed under section 623(c) shall not apply sentence: benefits and costs of telecommuting. to the rates charged by small cable compa- (b) TELECOMMUTING RESEARCH AND PUBLIC ‘‘This section shall take effect upon a de- nies for the cable programming services pro- termination by the United States Coast INFORMATION DISSEMINATION PROGRAM.—The vided by such companies. Secretary of Transportation, in consultation Guard that at least 80% of vessels required to (2) DEFINITION.—As used in this subsection, implement the Global Maritime Distress and with the Secretary of Labor and the Admin- the term ‘small cable company’ means the istrator of the Environmental Protection Safety System have the equipment required following: by such System installed and operating in Agency, shall, in accordance with this sec- (A) A cable operator whose number of sub- good working condition.’’ tion and within three months of the date of scribers is less than 35,000. enactment of this Act, establish a com- (B) A cable operator that operates multiple prehensive program to— cable systems, but only if the total number STEVENS AMENDMENTS NOS. 1300– (1) Carry out research to identify success- of subscribers of such operator is less than 1302 ful telecommuting programs in the public 400,000 and only with respect to each system and private sectors; and (Ordered to lie on the table.) of the operator that has less than 35,000 sub- Mr. STEVENS submitted three (2) Provide for the dissemination of infor- scribers. mation described in paragraph (b)(1) to the amendments intended to be proposed public. AMENDMENT NO. 1297 by him to the bill, S. 652, supra; as fol- (c) REPORT.—Within one year of the estab- lows: lishment of the program described in sub- On page 71, between lines 5 and 6, insert section (b), the Secretary of Transportation the following: AMENDMENT NO. 1300 shall report to Congress the findings and (d) LIMITATION ON INCREASE IN CABLE On page 36, between lines 23 and 24, insert conclusions reached under this program. RATES.—(1) Notwithstanding any other pro- the following new subsection and renumber (d) AUTHORIZATION OF APPROPRIATIONS.— vision of this Act, the rate charged by a the remaining subsections accordingly: There are authorized to be appropriated to cable system for cable programming services (a) FINDINGS.—The Congress finds that— the Secretary of Transportation such sums in a calendar year may not exceed the rate (1) the existing system of universal service as may be necessary to carry out the pro- charged by the system for such services in has evolved since 1930 through an ongoing gram established by this section. the calendar year preceding such calendar dialogue between industry, various Federal- year by an amount whose percentage of the State Joint Boards, the Commission, and the LIEBERMAN AMENDMENTS NOS. rate charged in such preceding calendar year courts; is greater than the percentage by which— (2) this system has been predicated on 1295–1298 (A) the Consumer Price Index (all items, rates established by the Commission and the (Ordered to lie on the table.) United States city average) for the 12-month States that require implicit cost shifting by Mr. LIEBERMAN submitted four period ending on January 1 of the year con- monopoly providers of telephone exchange amendments intended to be proposed cerned, exceeds service through both local rates and access by him to the bill, S. 652, supra; as fol- (B) such Consumer Price Index for the 12- charges to interexchange carriers; lows: month period preceding the 12-month period (3) the advent of competition for the provi- referred to in subparagraph (A). sion of telephone exchange service has led to AMENDMENT NO. 1295 (2) For purposes of this subsection: industry requests that the existing system At the appropriate place, insert the fol- (A) The term ‘‘cable programming serv- be modified to make support for universal lowing new section: ices’’ has the meaning given such term in service explicit and to require that all tele- SEC. . DETERMINATION OF REASONABLENESS section 634(l)(2) of the Communications Act communications carriers participate in the OF CABLE RATES. of 1934 (47 U.S.C. 543(l)(2)). modified system on a competitively neutral (a) COMMISSION CONSIDERATION.—Notwith- (B) The term ‘‘cable system’’ has the basis; and standing any other provision of this Act or meaning given such term in section 602(7) of (4) modification of the existing system is section 623(c), as amended by this Act, for such Act (47 U.S.C. 522(7)). necessary to promote competition in the pro- purposes of section 623(c), the Commission vision of telecommunications services and to may only consider a rate for cable program- AMENDMENT NO. 1298 allow competition and new technologies to ming services to be unreasonable if it sub- At the appropriate place, insert the fol- reduce the need for universal service support stantially exceeds the average rate for com- lowing new section: mechanisms. parable programming services in cable sys- On page 38, beginning on line 15, strike all tems subject to effective competition. SEC. . DETERMINATION OF REASONABLENESS OF CABLE RATES. through page 43, line 2, and insert the fol- (b) RATES OF SMALL CABLE COMPANIES.— lowing: (1) IN GENERAL.—Notwithstanding any (a) COMMISSION CONSIDERATION.—Notwith- other provision of this Act or the amend- standing any other provision of this Act or ‘‘SEC. 253. UNIVERSAL SERVICE. ments made by this Act, the regulations pre- section 623(c), as amended by this Act, for ‘‘(a) UNIVERSAL SERVICE PRINCIPLES.—The scribed under section 623(c) shall not apply purposes of section 623(c), the Commission Joint Board and the Commission shall base to the rates charged by small cable compa- may only consider a rate for cable program- policies for the preservation and advance- nies for the cable programming services pro- ming services to be unreasonable if it sub- ment of universal service on the following vided by such companies. stantially exceeds the national average rate principles: (2) DEFINITION.—As used in this subsection, for comparable programming services in ‘‘(1) Quality services are to be provided at the term ‘small cable company’ means the cable systems subject to effective competi- just, reasonable, and affordable rates. following: tion. ‘‘(2) Access to advanced telecommuni- (A) A cable operator whose number of sub- (b) RATES OF SMALL CABLE COMPANIES.— cations and information services should be scribers is less than 35,000. (1) IN GENERAL.—Notwithstanding any provided in all regions of the Nation. (B) A cable operator that operates multiple other provision of this Act or the amend- ‘‘(3) Consumers in rural and high cost areas cable systems, but only if the total number ments made by this Act, the regulations pre- should have access to telecommunications of subscribers of such operator is less than scribed under section 623(c) shall not apply and information services, including inter- 400,000 and only with respect to each system to the rates charged by small cable compa- exchange services, that are reasonably com- of the operator that has less than 35,000 sub- nies for the cable programming services pro- parable to those services provided in urban scribers. vided by such companies. areas. (2) DEFINITION.—As used in this subsection, ‘‘(4) Consumers in rural and high cost areas AMENDMENT NO. 1296 the term ‘small cable company’ means the should have access to telecommunications At the appropriate place, insert the fol- following: and information services at rates that are lowing new section: (A) A cable operator whose number of sub- reasonably comparable to rates charged for SEC. . DETERMINATION OF REASONABLENESS scribers is less than 35,000. similar services in urban areas. OF CABLE RATES. (B) A cable operator that operates multiple ‘‘(5) Consumers in rural and high cost areas (a) COMMISSION CONSIDERATION.—Notwith- cable systems, but only if the total number should have access to the benefits of ad- standing any other provision of this Act or of subscribers of such operator is less than vanced telecommunications and information

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8273 services for health care, education, economic predictable mechanisms adopted by the Com- amount equal to the difference, if any, be- development, and other public purposes. mission and the States shall ensure that es- tween the price for services provided to ‘‘(6) There should be a coordinated Federal- sential telecommunications carriers are able health care providers for rural areas and the State universal service system to preserve to provide universal service at just, reason- price for similar services provided to other and advance universal service using specific able, and affordable rates. A carrier that re- customers in comparable urban areas treated and predictable Federal and State mecha- ceives universal service support shall use as a service obligation as a part of its obliga- nisms administered by an independent, non- that support only for the provision, mainte- tion to participate in the mechanisms to pre- governmental entity or entities. nance, and upgrading of facilities and serv- serve and advance universal service under ‘‘(7) Elementary and secondary schools and ices for which the support is intended. section 253(c). classrooms should have access to advanced ‘‘(g) INTEREXCHANGE SERVICE.—The rates ‘‘(2) EDUCATIONAL PROVIDERS AND LIBRAR- telecommunications services. charged by any provider of interexchange IES.—All telecommunications carriers serv- ‘‘(b) DEFINITION.— telecommunications service to customers in ing a geographic area shall, upon a bona fide ‘‘(1) IN GENERAL.—Universal service is an rural and high cost areas shall be no higher request, provide to elementary schools, sec- evolving level of intrastate and interstate than those charged by such provider to its ondary schools, and libraries universal serv- telecommunications services that the Com- customers in urban areas. ices (as defined in section 253) that permit mission, based on recommendations from the ‘‘(h) SUBSIDY OF COMPETITIVE SERVICES such schools and libraries to provide or re- public, Congress, and the Federal-State PROHIBITED—A telecommunications carrier ceive telecommunications services for edu- Joint Board periodically convened under sec- may not use services that are not competi- cational purposes at rates less than the tion 103 of the Telecommunications Act of tive to subsidize competitive services. The amounts charged for similar services to 1995, and taking into account advances in Commission, with respect to interstate serv- other parties. The discount shall be an telecommunications and information tech- ices, and the States, with respect to intra- amount that the Commission and the States nologies and services, determines— state services, shall establish any necessary determine is appropriate and necessary to ‘‘(A) should be provided at just, reasonable, cost allocation rules, accounting safeguards, ensure affordable access to and use of such and affordable rates to all Americans, in- and guidelines to ensure that services in- telecommunications by such entities. A tele- cluding those in rural and high cost areas cluded in the definition of universal service communications carrier providing service and those with disabilities; bear no more than a reasonable share of the pursuant to this paragraph shall be entitled ‘‘(B) are essential in order for Americans joint and common costs of facilities used to to have an amount equal to the amount of to participate effectively in the economic, provide those services. the discount treated as a service obligation academic, medical, and democratic processes ‘‘(i) CONGRESSIONAL NOTIFICATION RE- as part of its obligation to participate in the of the Nation; and QUIRED.— mechanisms to preserve and advance uni- ‘‘(C) are, through the operation of market ‘‘(1) IN GENERAL.—The Commission may versal service under section 253(c). choices, subscribed to by a substantial ma- not take action to require participation by ‘‘(b) UNIVERSAL SERVICE MECHANISMS.—The jority of residential customers. telecommunications carriers or other pro- Commission shall include consideration of ‘‘(2) DIFFERENT DEFINITION FOR CERTAIN viders of telecommunications under sub- the universal service provided to public in- PURPOSES.—The Commission may establish a section (c), or to modify its rules to increase stitutional telecommunications users in any different definition of universal service for support for the preservation and advance- universal service mechanism it may estab- schools, libraries, and health care providers ment of universal service, until— lish under section 253. for the purposes of section 264. ‘‘(A) the Commission submits to the Com- ‘‘(c) ALL TELECOMMUNICATIONS CARRIERS mittee on Commerce, Science, and Transpor- AMENDMENT NO. 1301 MUST PARTICIPATE.—Every telecommuni- tation of the Senate and the Committee on cations carrier engaged in instrastate, inter- Commerce of the House of Representatives a At the appropriate place insert the fol- state, or foreign communication shall par- report on the participation required, or the lowing: ticipate, on an equitable and nondiscrim- increase in support proposed, as appropriate; In section 3(tt) of the Communications Act inatory basis, in the specific and predictable and of 1934, as added by section 8(b) of the bill on mechanisms established by the Commission ‘‘(B) a period of 120 days has elapsed since page 14, strike ‘‘services.’’ and insert the fol- and the States to preserve and advance uni- the date the report required under paragraph lowing: ‘‘provided, however, that in the case versal service. Such participation shall be in (1) was submitted. of a Bell operating company affiliate, such the manner determined by the Commission ‘‘(2) NOT APPLICABLE TO REDUCTIONS.—This geographic area shall be no smaller than the and the States to be reasonably necessary to subsection shall not apply to any action LATA area for such affiliate on the date of preserve and advance universal service. Any taken to reduce costs to carriers or con- enactment of the Telecommunications Act other provider of telecommunications may sumers. of 1995.’’ be required to participate in the preservation ‘‘(j) EFFECT ON COMMISSION’S AUTHORITY.— and advancement of universal service, if the Nothing in this section shall be construed to AMENDMENT NO. 1302 public interest so requires. expand or limit the authority of the Com- On page 28 before line 6 insert the fol- ‘‘(d) STATE AUTHORITY.—A State may mission to preserve and advance universal lowing: adopt regulations to carry out its respon- service under this Act. Further, nothing in ‘‘(m) COMMERCIAL MOBILE SERVICE PRO- sibilities under this section, or to provide for this section shall be construed to require or VIDERS.—The requirements of this section additional definitions, mechanisms, and prohibit the adoption of any specific type of shall not apply to commercial mobile serv- standards to preserve and advance universal mechanism for the preservation and ad- ices provided by a wireline local exchange service within that State, to the extent that vancement of universal service. carrier unless the Commission determines such regulations do not conflict with the ‘‘(k) EFFECTIVE DATE.—This section takes under subsection (a)(3) that such carrier has Commission’s rules to implement this sec- effect on the date of enactment of the Tele- market power in the provision of commercial tion. A State may only enforce additional communications Act of 1995, except for sub- mobile service.’’ definitions or standards to the extent that it sections (c), (d), (e), (f), and (i) which take ef- adopts additional specific and predictable fect one year after the date of enactment of mechanisms to support such definitions or that Act.’’. STEVENS (AND OTHERS) standards. The language on page 43, beginning with AMENDMENT NO. 1303 ‘‘(e) ELIGIBILITY FOR UNIVERSAL SERVICE ‘‘receive’’ on line 25, through ‘‘253.’’ on page (Ordered to lie on the table.) SUPPORT.—To the extent necessary to pro- 44, line 1, is deemed to read ‘‘receive uni- Mr. STEVENS (for himself and Mr. vide for specific and predictable mechanisms versal service support under section 253.’’. to achieve the purposes of this section, the In section 264 of the Communications Act INOUYE) submitted an amendment in- Commission shall modify its existing rules of 1934, as added by section 310 of the bill be- tended to be proposed by them to the for the preservation and advancement of uni- ginning on page 132, strike subsections (a) bill, S. 652, supra; as follows: versal service. Only essential telecommuni- and (b) and insert the following: Page 86, line 25, after ‘‘basis’’ insert a cations carriers designated under section ‘‘(a) IN GENERAL.— comma and ‘‘reflecting the actual cost of 214(d) shall be eligible to receive support for ‘‘(1) HEALTH CARE PROVIDERS FOR RURAL providing those services or functions to an- the provision of universal service. Such sup- AREAS.—A telecommunications carrier shall, other carrier,’’ port, if any, shall accurately reflect what is upon receiving a bona fide request, provide necessary to preserve and advance universal telecommunications services which are nec- service in accordance with this section and essary for the provision of health care serv- STEVENS AMENDMENT NO. 1304 the other requirements of this Act. ices, including instruction relating to such (Ordered to lie on the table.) ‘‘(f) UNIVERSAL SERVICE SUPPORT.—The services, at rates that are reasonably com- Mr. STEVENS submitted an amend- Commission and the States shall have as parable to rates charged for similar services their goal the need to make any support for in urban areas to any public or non-profit ment intended to be proposed by him universal service explicit, and to target that health care provider that serves persons who to the bill, S. 652, supra; as follows: support to those essential telecommuni- reside in rural areas. A telecommunications In subsection (d) of the section captioned cations carriers that serve areas for which carrier providing service pursuant to this ‘‘SPECTRUM AUCTIONS’’ added to the bill such support is necessary. The specific and paragraph shall be entitled to have an by amendment, strike ‘‘three frequency

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8274 CONGRESSIONAL RECORD — SENATE June 13, 1995 bands (225–400 megahertz, 3625–3650 mega- SEC. 103. NATIONAL POLICY GOALS. and advance universal service administered hertz,’’ and insert ‘‘two frequency bands Section 1 (47 U.S.C. 151) is amended by in- by an independent, non-governmental entity (3625–3650 megahertz’’. serting ‘‘(a)’’ before ‘‘For the purpose of’’ and or person using specific and predictable Fed- by adding at the end the following new sub- eral and State mechanisms. DASCHLE AMENDMENT NO. 1305 section: ‘‘(7) Consumers should be permitted to ex- ‘‘(b) The primary objective of United ercise choice among telecommunications (Ordered to lie on the table.) States national and international commu- carriers offering universal service. Mr. DASCHLE submitted an amend- nications policy shall be to protect the pub- ‘‘(8) Consumers of universal service should ment intended to be proposed by them lic interest. The public interest shall include have the right to control the use of informa- to the bill, S. 652, supra; as follows: the following: tion concerning their individual use of such On page 93 strike line 7 and all that follows ‘‘(1) To ensure that every person has access service. through line 12, and insert in lieu thereof the to reasonably evolving telecommunications following: services at just, reasonable, and affordable AMENDMENT NO. 1312 ‘‘(ii) During the period beginning on the rates taking into account advances in tele- Beginning on line 1 of page 117, add the fol- date of enactment of this Act, and ending 36 communications and information tech- lowing new paragraphs: months after such date, a State may not re- nology. ‘‘(c) DETERMINATION OF AVERAGE UNI- quire a Bell operating company to imple- ‘‘(2) To promote the development and wide- VERSAL SERVICE RATE.—As part of the Fed- ment toll dialing parity in an intraLATA spread availability of new technologies and eral-State Joint Board proceeding required area before a Bell operating company has advanced telecommunications and informa- under section 103(a)(1), the Commission and been granted authority under this subsection tion services to all persons regardless of lo- the Joint Board shall determine the average to provide interLATA services in that area, cation or disability. rate charged to consumers nationwide for except that a State may order the implemen- ‘‘(3) To ensure that consumers have access the provision of those services included in tation of toll dialing parity in an intraLATA to diverse sources of information. the definition of universal service. The Com- area during such period if the state issued an ‘‘(4) To promote learning, education, and mission and the Joint Board may periodi- order by June 1, 1995 requiring a Bell oper- knowledge. cally revise such determination as part of ating company to implement toll dialing ‘‘(5) To ensure reasonably comparable serv- any Federal-State Joint Board proceeding parity.’’. ices at reasonably comparable rates for con- periodically convened under section 103(a)(2). sumers in urban and rural areas. ‘‘(d) SUPPORT PAYMENTS FOR COSTS ABOVE KERREY AMENDMENTS NOS. 1306– ‘‘(6) To allow each individual the oppor- AVERAGE RATE.—If the Commission adopts tunity to contribute to the free flow of ideas rules for the distribution of interstate sup- 1316 and information through telecommuni- port payments to essential telecommuni- Mr. KERREY submitted 11 amend- cations and information services. cations carriers for the preservation and ad- ments intended to be proposed by him ‘‘(7) To maximize the contribution of com- vancement of universal service under section to the bill, S. 652, supra; as follows: munications and information technologies 253 of the Communications Act of 1934, such and services to economic development and rules shall provide that a carrier may only AMENDMENT NO. 1306 quality of life. receive such interstate support payments to On page 107, after line 23, insert the fol- ‘‘(8) To protect each individual’s right to the extent that the reasonable cost to that lowing: control the use of information concerning carrier of providing the services included in ‘‘(d) PAYMENT OF CIVIL PENALTIES.—No his or her use of telecommunications serv- the definition of universal service exceed the civil penalties assessed against a local ex- ices. amount such carrier may recover from con- change carrier as a result of a violation of ‘‘(9) To provide secure and reliable services sumers at the average rate determined under this section will be charged directly or indi- for Federal, State, and local government subsection (c), or the rate such carrier is al- rectly to that company’s rate payers.’’ emergency response. lowed to charge the consumer, if such rate is ‘‘(10) To make available so far as possible, higher than the average rate, whichever re- AMENDMENT NO. 1307 to all the people of the United States, re- sults in the lower amount of support pay- On page 83, strike out line 12 and all that gardless of race, color, national origin, in- ments being made to the carrier.’’ follows through line 20 and insert in lieu come, residence in a rural or urban area, or thereof the following: disability, high capacity two-way commu- AMENDMENT NO. 1313 ‘‘(b) SPECIFIC INTERLATA INTERCONNECTION nications networks capable of enabling users On page 116, between lines 2 and 3 insert REQUIREMENTS.— to originate and receive affordable and ac- the following: ‘‘(1) IN GENERAL.—A Bell operating com- cessible high quality voice, data, graphics, (D) Nothing in this section shall prohibit pany may provide interLATA services in ac- video, and other types of telecommuni- the Commission, for interstate services, and cordance with this section only if that com- cations services.’’. the States, for interstate services, from con- pany has reached interconnection agree- SEC. 103. UNIVERSAL SERVICE PROTECTION AND sidering the profitability of telecommuni- ments under section 251 with telecommuni- ADVANCEMENT. cations carriers when using alternative cations carriers that have requested inter- (a) IN GENERAL.—Title II (47 U.S.C. 201 et forms of regulation other than rate of return connection for the purpose of providing tele- seq.) is amended by inserting after section regulation (including price regulation and phone exchange service or exchange access 201 the following new section: incentive regulation) to ensure that regu- service, including telecommunications car- lated rates are just and reasonable. riers capable of providing a substantial num- ‘‘SEC. 201A. UNIVERSAL SERVICE PROTECTION AND ADVANCEMENT. ber of business and residential customers AMENDMENT NO. 1314 with telephone exchange or exchange access ‘‘(a) UNIVERSAL SERVICE PRINCIPLES.—The service. Those agreements shall provide, at a Joint Board and the Commission shall base Strike Section 5 and insert in lieu thereof minimum, for interconnection that meets policies for the preservation and advance- the following: the competitive checklist requirements of ment of universal service on the following SEC. 2. FINDINGS. paragraph (2). principles: The Congress makes the following findings: ‘‘(1) Quality services are to be provided at (1) Congress has not passed comprehensive AMENDMENT NO. 1308 just, reasonable, and affordable rates. changes to the Communications Act of 1934 ‘‘(2) Access to advanced telecommuni- Strike Section 204. since that Act was originally passed. cations and information services should be (2) Congress must pass comprehensive com- provided in all regions of the Nation. munications legislation to promote the de- AMENDMENT NO. 1309. ‘‘(3) Consumers in rural and high cost areas velopment and growth of the national infor- Strike subsection (b) of Section (207). should have access to telecommunications mation superhighway. and information services, including inter- (3) Changes in the telecommunications AMENDMENT NO. 1310 exchange services, reasonably comparable to marketplace have made some of the provi- On page 112, at the end of line 17, insert the those services provided in urban areas. sions of the Communications Act of 1934 ob- following sentence: ‘‘Pricing flexibility im- ‘‘(4) Consumers in rural and high cost areas solete, unnecessary, or inimical to advances plemented pursuant to this section shall be should have access to telecommunications in communications technologies and serv- for the purpose of allowing a regulated tele- and information services at rates that are ices. communications provider to respond fairly reasonably comparable to rates charged for (4) Competition has emerged in many serv- to competition by repricing services subject similar services in urban areas. ices that were previously thought to be nat- to competition but shall not have the effect ‘‘(5) Citizens in rural and high cost areas ural monopolies, but the Communications of shifting revenues from competitive serv- should have access to the benefits of ad- Act of 1934 requires all carriers to be regu- ices to non-competitive services.’’ vanced telecommunications and information lated as if they were monopolies. services for health care, education, economic (5) As communications markets change, AMENDMENT NO. 1311 development, and other public purposes. government must ensure that the public in- On page 36, strike line 23 and insert in lieu ‘‘(6) There should be a coordinated Federal- terest, convenience, and necessity are pre- thereof the following: State universal service system to preserve served.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8275 (6) The public interest requires that uni- tage held by traditional telephone companies broadcast stations, consistent with the need versal service is protected and advanced, over competitors in the provision of tele- to maintain diversity of information sources. that new telecommunications technologies communications services. are deployed rapidly and equitably, and that (24) Unreasonable restrictions on resale AMENDMENT NO. 1315 access by schools, hospitals, public broad- and sharing of telecommunications networks On page 82, beginning with ‘‘Sec. 255’’ on casters, libraries, and museums to advanced retard the growth of competition and re- line 11, strike all that follows through line 2, telecommunications services is assisted. strict the diversity of services available to page 99. (7) Access to telecommunications services the public. On page 82, after line 10, add the attached is fundamental to safety of life and partici- (25) Additional regulatory measures are paragraphs, except on page 136, line 7, of at- pation in a democratic society. needed to allow consumers in rural markets tachment strike the word ‘‘there’’, and all (8) Telecommunications networks make and noncompetitive markets the opportunity that follows through line 13, and add ‘‘the ef- substantial use of public rights of way in to benefit from high-quality telecommuni- fect of such authorization will not substan- real property and in spectrum frequencies, cations capabilities. tially lessen competition, or tend to create a and carriers that make use of such public (26) Regulatory flexibility for existing pro- monopoly in any line of commerce in any rights of way have an obligation to provide viders of telephone exchange service is nec- section of the country.’’ preferential rates to entities that provide essary to allow them to respond to competi- ‘‘SEC. 255. INTERLATA TELECOMMUNICATIONS significant public benefits. tion. SERVICES. (9) Advanced telecommunications services (27) The Federal Communications Commis- ‘‘(a) AUTHORITY.—Notwithstanding any re- can enhance the quality of life and promote sion (referred to elsewhere in this Act as the striction or obligation imposed before the economic development and international ‘‘Commission’’) and the States must have date of enactment of the Communications competitiveness. the flexibility to ad just their regulations of Act of 1994 pursuant to section II(D) of the (10) Telecommunications infrastructure de- each provider of telecommunications serv- Modification of Final Judgment, a Bell oper- velopment is particularly crucial to the con- ices to serve the public interest. ating company may engage in the provision tinued economic development of rural areas (28) If the efforts of the private sector fail, of interLATA telecommunications services that may lack an adequate industrial or the Commission should take steps to ensure subject to the requirements of this section service base for continued development. network reliability and the development of and any regulations prescribed thereunder. (11) Advancements in the Nation’s tele- network standards. No Bell operating company or affiliate of a communications infrastructure will enhance (29) Access to switched, digital tele- Bell operating company shall engage in the the public welfare by helping to speed the de- communications service for all segments of provision of interLATA telecommunications livery of new services, such as distance the population promotes the core First services, except as authorized under this sec- learning, remote medical sensing, and dis- Amendment goal of diverse information tion. tribution of health information. sources by enabling individuals and organi- ‘‘(b) CURRENTLY AUTHORIZED ACTIVITIES.— (12) Infrastructure advancement can be as- zations alike to publish and otherwise make Subsection (a) shall not prohibit a Bell oper- sisted by joint planning and infrastructure information available in electronic form. ating company from engaging, at any time sharing by carriers and other providers of (30) The national welfare will be enhanced after the date of enactment of the Commu- network facilities and services providing if community newspapers are provided ease nications Act of 1994, in any activity as au- communications services. of entry into the operation of information thorized by an order entered by the United (13) Increased competition in telecommuni- services disseminated through electronic States District Court for the District of Co- cations services can, if subject to appro- means primarily to customers in the local- lumbia pursuant to the Modification of Final priate safeguards, encourage infrastructure ities served by such newspapers at rates that Judgment if such order was entered on or be- development and have beneficial effects on are not higher, on a per-unit basis, than the fore such date of enactment. the price, universal availability, variety, and rates charged for such services to any other ‘‘(c) PETITION FOR AUTHORITY FOR INTERLATA TELECOMMUNICATION SERVICES.— quality of telecommunications services. electronic publisher. ‘‘(l) APPLICATION— (14) The emergence of competition in tele- (31) A clear national mandate is needed for ‘‘(A) IN REGION.—On or after the date of en- communications services has already con- full participation in access to telecommuni- actment of the Communications Act of 1994, tributed, and can be expected to continue cations networks and services by individuals a Bell operating company or affiliate may contributing, to the modernization of the in- with disabilities. apply to the Attorney General and the Com- frastructure. (32) The obligations of telecommunications mission for authorization notwithstanding (15) Competition in the long distance in- carriers include the duty to furnish tele- the Modification of Final Judgment to pro- dustry and the communications equipment communications services which are designed vide interLATA telecommunications service market has brought about lower prices and to be fully accessible to individuals with dis- originating in any area where such Bell oper- higher quality services. abilities in accordance with such standards ating company is the dominant provider of (16) Competition for local communications as the Commission may prescribe. wireline telephone exchange service. The ap- services has already begun to benefit the (33) Permitting the Bell operating compa- plication shall describe with particularity public; competitive access providers have de- nies to enter the manufacturing market will the nature and scope of the activity and of ployed thousands of miles of optical fiber in stimulate greater research and development, each product market or service market, and their local networks; local exchange carriers create more jobs, and enhance our inter- each geographic market for which authoriza- have been prompted by competition to accel- national competitiveness. tion is sought. erate the installation of optical fiber in their (34) The Bell operating companies should ‘‘(B) OUT OF REGION.—On or after the date own networks. not be permitted to enter the market for of enactment of the Communications Act of (17) Electric utilities, satellite carriers, other long distance services until they have 1994, a Bell operating company or affiliate and others are prepared to enter the local eliminated the barriers to competition and may apply to the Attorney General and the telephone market over the next few years. interconnection. Commission for authorization, notwith- (18) A diversity of telecommunications car- (35) Safeguards are necessary to ensure standing the Modification of Final Judg- riers enhances network reliability by pro- that the Bell operating companies do not ment, to provide interLATA telecommuni- viding redundant capacity, thereby lessening abuse their market power over local tele- cations services not described in subpara- the impact of any network failure. phone service to discriminate against com- graph (A). The application shall describe (19) Competition must proceed under rules petitors in the markets for electronic pub- with particularity the nature and scope of that protect consumers and are fair to all lishing, alarm services, and other informa- the activity and of each product market or telecommunications carriers. tion services. service market, and each geographic market (20) All telecommunications carriers, in- (36) Amending the legal barriers to the pro- for which authorization is sought. cluding competitors to the telephone compa- vision of video programming by telephone ‘‘(2) DETERMINATION BY ATTORNEY GENERAL nies, should contribute to universal service companies in their service areas will encour- AND COMMISSION.— and should make their networks available age telephone companies to upgrade their ‘‘(A) DETERMINATION.—Not later than 180 for interconnection by others. telecommunications facilities to enable days after receiving an application made (21) Removal of all State and local barriers them to deliver video programming, as long under paragraph (1), the Attorney General to entry into the telecommunications serv- as telephone companies and cable companies and the Commission each shall issue a writ- ices market and provision of interconnection are prohibited from buying or joint ven- ten determination, on the record after an op- are warranted after mechanisms to protect turing with each other in their service areas portunity for a hearing, with respect to the universal service and rules are established to (except for certain rural areas). authorization for which a Bell operating ensure that competition develops. (37) As communications technologies and company or affiliate has applied. In making (22) Increasing the availability of inter- services proliferate, consumers must be such determinations, the Attorney General connection and interoperability among the given the right to control information con- and the Commission shall review the whole facilities of telecommunications carriers cerning their use of those technologies and record. will help stimulate the development of fair services. ‘‘(B) APPROVAL.— competition among providers. (38) As competition in the media increases, ‘‘(i) The Attorney General shall approve (23) The portability of telecommunications the Commission should re-examine the need the authorization requested in any applica- numbers will eliminate a significant advan- for national and local ownership limits on tion submitted under paragraph (1) only to

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8276 CONGRESSIONAL RECORD — SENATE June 13, 1995 the extent that the Attorney General finds vided interLATA service authorized under tion by such person promptly made, simple that there is no substantial possibility that this clause before its implementation of interest on actual damages for the period be- such company or its affiliates could use mo- intraLATA toll dialing parity throughout ginning on the date of service of such per- nopoly power in a telephone exchange or ex- that market, or fails to maintain intraLATA son’s pleading setting forth a claim under change access service market to impede toll dialing parity throughout that market, this title and ending on the date of judg- competition in the inteLATA telecommuni- the Commission, except in cases of inad- ment, or for any shorter period therein, if cations services market such company or af- vertent interruptions or other events beyond the court finds that the award of such inter- filiate seeks to enter. The Attorney General the control of the Bell operating company, est for such period is just in the cir- shall deny the remainder of the requested shall suspend the authority to provide cumstances. authorization. interLATA service for that market until the ‘‘(2) PRIVATE INJUNCTIVE RELIEF.—Any per- (ii) The Commission shall approve the re- Commission determines that intra LATA son shall be entitled to sue for and have in- quested authorization only to the extent toll dialing parity is implemented or rein- junctive relief, in any court of the United that the Commission finds that the re- stated. States having jurisdiction over the parties, quested authorization is consistent with the ‘‘(C) DESCRIPTION.—A determination that against threatened loss or damage by a vio- public interest, convenience and necessity. approves any part of a requested authoriza- lation of this section, when and under the The Commission shall deny the remainder of tion shall describe with particularity the na- same conditions and principles as injunctive the requested authorization. For applica- ture and scope of the activity, and of each relief is available under section 16 of the tions submitted under paragraph (1)(A), the product market or service market, and each Clayton Act (15 U.S.C. 26). In any action Commission shall only find that the re- geographic market, to which approval ap- under this subsection in which the plaintiff quested authorization is consistent with the plies. substantially prevails, the court shall award public interest, convenience, and necessity if ‘‘(3) PUBLICATION.—Not later than 10 days the cost of suit, including a reasonable attor- the requirements of clause (iii) are satisfied, after issuing a determination under para- ney’s fee, to such plaintiff. and shall take into account— graph (2), the Attorney General and the Fed- ‘‘(f) INTERLATA TELECOMMUNICATIONS ‘‘(I) the extent to which granting the re- eral Communications Commission each shall SERVICE SAFEGUARDS.— quested authorization would benefit con- publish in the Federal Register a brief de- ‘‘(1) SEPARATE SUBSIDIARY.—Other than sumers; scription of the determination. interLATA services authorized by an order ‘‘(II) the likely effect that granting the re- ‘‘(4) AUTHORIZATION GRANTED.—A requested entered by the United States District Court quested authorization would have on the authorization is granted only to the extent for the District of Columbia pursuant to the rates for, and availability of, telephone ex- that— Modification of Final Judgment before the change, interchange, and other tele- ‘‘(A) both the Attorney General and the date of the enactment of the Communica- communications services; Federal Communications Commission ap- tions Act of 1994, a Bell operating company ‘‘(III) the availability of alternative pro- prove the authorization under paragraph (2), providing interLATA services authorized viders of telephone exchange service unless either of their approvals is vacated, under subsection (c) shall provide such throughout the geographic area in which the reversed, or remanded as a result of judicial interLATA services in that market only Bell operating company or its affiliate seeks review, or through a subsidiary that is separate from to provide service; ‘‘(B) as a result of such judicial review of any Bell operating company entity that pro- ‘‘(IV) the extent to which there exist bar- either or both determinations, both the At- vides regulated local telephone exchange riers to entering the telephone exchange torney General and the Federal Communica- service. The subsidiary required by this sec- services market, including the extent to tions Commission approve the requested au- tion need not be separate from affiliates re- which consumers have an opportunity to se- thorization. quired in sections 231, 233, and 613 of this Act lect their presubscribed telephone exchange ‘‘(d) JUDICIAL REVIEW— or any other affiliate that does not provide service providers by means of a balloting ‘‘(1) COMMENCEMENT OF ACTION.—Not later regulated local telephone exchange service. process; and than 45 days after a determination by the At- ‘‘(2) NONDISCRIMINATION SAFEGUARDS.—The ‘‘(V) the potential for cross-subsidization torney General or the Federal Communica- Bell operating company shall— or anticompetitive activity by the Bell oper- tions Commission is published under sub- ‘‘(A) fulfill any requests from an unaffili- ating company. For applications submitted section (c)(3), the Bell operating company or ated entity for exchange access service with- under paragraph (1)(B), the Commission shall affiliate that applied to the Attorney Gen- in a period no longer than that in which it take into account subclauses (I), (II), and eral and the Federal Communications Com- provides such exchange access service to (V). mission under subsection (c)(1), or any per- itself or to its affiliates; ‘‘(iii) The Commission shall approve a re- son who would be threatened with loss or ‘‘(B) fulfill any such requests with ex- quested authorization for applications sub- damage as a result of the determination re- change access service of a quality that meets mitted under paragraph (1)(A) only if— garding such company’s engaging in the ac- or exceeds the quality of exchange access ‘‘(I) the Commission finds that, as pre- tivity described in such company’s applica- services provided by the Bell operating com- scribed by section 230(a), no State or local tion, may commence an action in any United pany or it affiliates to itself or its affiliate; statute, regulations, or other State or local States Court of Appeals against the Attor- ‘‘(C) provide exchange access to all carriers requirement in effect in the area in which ney General or the Federal Communications at rates that are not unreasonably discrimi- the petitioning Bell operating company or Commission, as the case may be, for judicial natory and are based on costs and any ex- affiliate seeks to originate interLATA tele- review of the determination regarding the plicit subsidy; communications, prohibits or has the effect application. ‘‘(D) in any transaction with the subsidiary of prohibiting the ability of any entity to ‘‘(2) JUDGMENT.— required by this section, not prefer or dis- provide interstate or intrastate tele- ‘‘(A) The Court shall enter a judgment criminate in favor of such subsidiary; communications services in the State and after reviewing the determination in accord- ‘‘(E) not provide any facilities, services, or local area where the Bell operating company ance with section 706 of title 5 of the United information concerning its provision of ex- seeks to originate interLATA services; States State Code. change access service to the subsidiary re- ‘‘(II) either the Commission has adopted ‘‘(B) A JUDGMENT— quired by this section unless such facilities, and made effective regulations to implement ‘‘(i) affirming any part of the determina- services, or information are made available and enforce the requirements of section 201A, tion that approves granting all or part of the to other providers of interLATA services in or 21 months after the date of enactment of requested authorization, or that market on the same terms and condi- the Communications Act of 1994, whichever ‘‘(ii) reversing any part of the determina- tions; is earlier; and tion that denies all or part of the requested ‘‘(F) not enter into any joint venture or ‘‘(III) the Commission finds that the Bell authorization, shall describe with particu- partnership with the subsidiary required by operating company has fully implemented larity the nature and scope of the activity, this section; and the requirements of subparagraphs (A) and of each product market or service mar- ‘(G) charge the subsidiary required by this through (G) of section 230(c)(1), and finds ket, and each geographic market, to which section, and impute to itself or any that, at the time of consideration of its ap- the affirmance of reversal applies. intraLATA toll affiliate, the same rates for plication, the Bell operating company is in ‘‘(e) ENFORCEMENT.— access to its local exchange and exchange ac- full compliance with the Commission’s regu- ‘‘(1) PRIVATE RIGHT OF ACTION.—Any person cess services that it charges other, unaffili- lations to implement and enforce the re- who is injured in its business or property by ated, toll carriers for such services. quirements of section 230(e) and (f), and any reason of a violation of this section— ‘‘(3) SEPARATE SUBSIDIARY SAFEGUARDS.— State regulations under 230(c)(2), where the ‘‘(A) may bring a civil action in any dis- The separate subsidiary required by this sec- Bell operating company seeks to originate trict court of the United States in the dis- tion shall— interLATA services. trict in which the defendant resides or is ‘‘(A) carry out its marketing and sales di- ‘‘(iv) Any Bell operating company granted found or has an agent, without respect to the rectly and separate from its affiliate Bell op- authority under paragraph (1)(A) shall pro- amount in controversy, and erating company or any affiliates of such vide intraLATA toll dialing parity through- ‘‘(B) shall recover threefold the damages company; out the market coincident with its exercise sustained, and the costs of suit (including a ‘‘(B) maintain books, records, and accounts of that authority. If the Commission finds reasonable attorney’s fee). The court may in the manner prescribed by the Commission that such a Bell operating company has pro- award under this section, pursuant to a mo- which shall be separate from the books,

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8277 records, and accounts maintained by its af- ‘‘(ii) the Commission and the State Com- voicemail or other information to the in- filiated Bell operating company or any affili- mission shall have access to the working pa- tended recipient; and ates of such company; pers and supporting materials of any auditor ‘‘(iv) customers of such service shall not be ‘‘(C) charge rates to consumers, and any who performs an audit under this section; billed a separate charge for the interLATA intraLATA toll affiliate shall charge rates to and telecommunications furnished in conjunc- consumers, for intraLATA service and ‘‘(iii) the State commission shall imple- tion with the provision of such service; interLATA toll service that are no less than ment appropriate procedures to ensure the ‘‘(E) providing signaling information used rates the Bell operating company charges protection of any proprietary information in connection with the provision or exchange other interLATA carriers for its local ex- submitted to it under this section. or exchange access services to a local ex- change and exchange access services plus the ‘‘(F) COMMISSION ACTION ON COMPLAINTS.— change carrier that, together with any affili- other costs to the subsidiary of providing With respect to any complaint brought under ated local exchange carriers, has aggregate such services. section 208 alleging a violation of this sec- annual revenues of less than $100,000,000; or ‘‘(D) be permitted to use interLATA facili- tion or the regulations implementing it, the ‘‘(F) providing network control signaling ties and services provided by its affiliated Commission shall issue a final order within 1 information to, and receiving such signaling Bell operating company, so long as it costs year after such complaint if filed. information from, interexchange carriers at are appropriately allocated and such facili- ‘‘(g) ADDITIONAL AUTHORITY TO PROVIDE any location within the area in which such ties and services are provided to its subsidi- INTERLATA SERVICES RELATING TO COMMER- company provides exchange services or ex- aries and other carriers on nondiscrim- CIAL MOBILE RADIO SERVICES.—Notwith- change access. ‘‘(2) The provisions of paragraph (1) are in- inatory rates, terms and conditions; standing any restriction or obligation im- ‘‘(E) comply with Commission regulations posed pursuant to the Modification of Final tended to be narrowly construed. Nothing in to ensure that the economic risks associated Judgment before the date of enactment of this subsection permits a Bell operating with the provision of interLATA services by the Communications Act of 1994, the Com- company or any affiliate of such a company such subsidiary are not borne by customers mission shall prescribe uniform equal access to provide interLATA telecommunications services not described in paragraph (1) with- of the company’s telephone exchange serv- and long distance presubscription require- out receiving the approval of the Commis- ices; and ments for providers of all cellular and two- sion and the Attorney General under sub- ‘‘(F) shall not obtain credit under any ar- way wireless services. rangement that would permit a creditor, ‘‘(h) Exceptions for Incidental Services.— section (c). The transmission facilities used upon default, to have recourse to the assets ‘‘(1) Subsection (a) shall not prohibit a Bell by a Bell operating company or affiliate thereof to provide interLATA telecommuni- of the local exchange carrier. operating company at any time after the cations under subparagraphs (C) and (D) of ‘‘(4) TRIENNIAL AUDIT.— date of enactment of the Communications paragraph (1) shall be leased by that com- ‘‘(A) GENERAL REQUIREMENT.—A Bell oper- Act of 1994 from providing interLATA tele- ating company that engages in interLATA communications services incidental to the pany from unaffiliated entities on terms and conditions (including price) no more favor- services shall obtain and pay for an audit purpose of— every 3 years conducted by an independent ‘‘(A)(i) providing audio programming, able than those available to the competitors auditor selected by, and working at the di- video programming, or other programming of that company until approval is obtained rection of, the State commission of each services to subscribers of such company, from the Commission and the Attorney Gen- State in which such Bell operating company ‘‘(ii) providing the capability for inter- eral under subsection (c). The interLATA provides local exchange service, to deter- action by such subscribers to select or re- services provided under paragraph (1)(A) are mine whether such Bell operating company spond to such audio programming, video pro- limited to those interLATA transmissions has complied with this section and the regu- gramming, or other programming services, incidental to the provision by a Bell oper- lations promulgated under this section, and to order, or control transmission of the pro- ating company or its affiliate of video, particularly whether such Bell operating gramming, polling or balloting, and ordering audio, and other programming services that company has complied with the separate ac- other goods or services, or the company or its affiliate is engaged in counting requirements under subsection (c). ‘‘(iii) providing to distributors audio pro- providing to the public and, except as pro- ‘‘(B) RESULTS SUBMITTED TO COMMISSION; gramming or video programming that such vided in paragraph (1)(A)(iii), does not in- STATE COMMISSIONS.—The auditor described company owns, controls, or is licensed by the clude the interLATA transmission of audio, in clause (i) shall submit the results of the copyright owner of such programming, or by video, or other programming services pro- audit to the Commission and to the State an assignee of such owner, to distribute, vided by others. ‘‘(3)(A) The Commission, in consultation commission of each State in which the Bell ‘‘(B) providing a telecommunications serv- with the Attorney General, shall prescribe operating company audited provides tele- ice, using the transmission facilities of a regulations for the provision by a Bell oper- phone exchange service, which shall make cable system that is an affiliate of such com- ating company or any of its affiliates of the such results available for public inspection. pany, between LATAs within a cable system interLATA services authorized under this Any party may submit comments on the franchise area in which such company is not, subsection. The regulations shall ensure that final audit report. on the date of the enactment of the Commu- the provision of such service by a Bell oper- ‘‘(C) REGULATIONS.—The audit required nications Act of 1994, a provider of wireline under paragraph (1) shall be conducted in ac- telephone exchange service, ating company or its affiliate does not— ‘‘(i) permit that company to provide tele- cordance with procedures established by reg- ‘‘(C) providing a commercial mobile service communications services not described in ulation by the State commission of the State except where such service is a replacement paragraph (1) without receiving the approv- in which such Bell operating company pro- for land line telephone exchange service for als required by subsection (c), or a substantial portion of the telephone land vides local exchange service. The regulations ‘‘(ii) adversely affect telephone exchange line exchange service in a State in accord- shall include requirements that— ratepayers or competition in any tele- ‘‘(i) each audit submitted to the Commis- ance with section 332(c) of the Communica- communications services market. sion and to the State commission is certified tions Act of 1934 (47 U.S.C. 332(c)) and with ‘‘(B) Nothing in this paragraph shall delay by the auditor responsible for conducting the the regulations prescribed by the Commis- the ability of a Bell operating company to audit; and sion, provide the interLATA services described in ‘‘(ii) each audit shall be certified by the ‘‘(D) providing a service that permits a paragraph (1) immediately upon enactment person who conducted the audit and shall customer that is located in one LATA to re- of the Communications Act of 1994. identify with particularity any qualifica- trieve stored information from, or file infor- ‘‘(4) As used in this subsection— tions or limitations on such certification and mation for storage in, information storage ‘‘(A) ‘audio programming services’ means any other information relevant to the en- facilities of such company that are located programming provided by, or generally con- forcement of the requirements of this sec- in another LATA area, so long as the cus- sidered to be comparable to programming tion. tomer acts affirmatively to initiate the stor- provided by, a radio broadcast station, and ‘‘(D) COMMISSION REVIEW.—The Commission age or retrieval of information, except that— ‘‘(B) ‘video programming service’ and shall periodically review and analyze the au- ‘‘(i) such service shall not cover any serv- ‘other programming services’ have the same dits submitted to it under this subsection. ice that establishes a direct connection be- meanings as such terms have under section ‘‘(E) ACCESS TO DOCUMENTS.—For purposes tween end users or any real-time voice and 602 of this Act. of conducting audits and reviews under this data transmission, ‘‘(i) DEFINITIONS.—As used in this section: subsection— ‘‘(ii) such service shall not include voice, ‘‘(1) The term ‘LATA’ means the local ac- ‘‘(i) the independent auditor, the Commis- data, or facsimile distribution services in cess and transport area as defined in United sion, and the State commission shall have which the Bell operating company or affil- States v. Western Electric Co., 569 F.Supp. access to the financial accounts and records iate forwards customer-supplied information 990 (United States District Court, District of of each Bell operating company and of its to customer- or carrier-selected recipients, Columbia) and subsequent judicial orders re- subsidiaries necessary to verify transactions ‘‘(iii) such service shall not include any lating thereto. conducted with that Bell operating company service in which the Bell operating company ‘‘(2) The term ‘cable service’ has the mean- that are relevant to the specific activities or affiliate searches for and connects with ing given that term under section 602.’’. permitted under this section and that are the intended recipient of information, or any SEC. 442. JURISDICTION. necessary for the regulation of rates for tele- service in which the Bell operating company Section 2(b) of the Communications Act of phone exchange and exchange access; or affiliate automatically forwards stored 1934 (47 U.S.C. 153) is amended by striking

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8278 CONGRESSIONAL RECORD — SENATE June 13, 1995 ‘‘section 332’’ and inserting in lieu thereof competition in the interLATA telecommuni- toll dialing parity throughout that market, ‘‘sections 229, 230, 234, 235, 237, and 332’’. cations services market such company or af- the Commission, except in cases of inad- filiate seeks to enter. The Attorney General vertent interruptions or other events beyond On page 82, beginning with ‘‘Sec. 255 on shall deny the remainder of the requested the control of the Bell operating company, line 11, strike all that follows through line 2, authorization. shall suspend the authority to provide page 99. ‘‘(ii) The Commission shall approve the re- interLATA service for that market until the On page 82, after line 10, add the attached quested authorization only to the extent Commission determines that intraLATA toll paragraphs: that the Commission finds that the re- dialing parity is implemented or reinstated. quested authorization is consistent with the ‘‘(C) DESCRIPTION.—A determination that ‘‘SEC. 255. INTERLATA TELECOMMUNICATIONS approves any part of a requested authoriza- SERVICES. public interest, convenience and necessity. tion shall describe with particularity the na- ‘‘(a) AUTHORITY.—Notwithstanding any re- The Commission shall deny the remainder of ture and scope of the activity, and of each striction or obligation imposed before the the requested authorization. For applica- product market or service market, and each date of enactment of the Communications tions submitted under paragraph (1)(A), the geographic market, to which approval ap- Act of 1994 pursuant to section II(D) of the Commission shall only find that the re- quested authorization is consistent with the plies. Modification of Final Judgment, a Bell oper- ‘‘(3) PUBLICATION.—Not later than 10 days ating company may engage in the provision public interest, convenience, and necessity if the requirements of clause (iii) are satisfied, after issuing a determination under para- of interLATA telecommunications services graph (2), the Attorney General and the Fed- subject to the requirements of this section and shall take into account— ‘‘(I) the extent to which granting the re- eral Communications Commission each shall and any regulations prescribed thereunder. publish in the Federal Register a brief de- No Bell operating company or affiliate of a quested authorization would benefit con- sumers; scription of the determination. Bell operating company shall engage in the ‘‘(4) AUTHORIZATION GRANTED.—A requested ‘‘(II) the likely effect that granting the re- provision of interLATA telecommunications authorization is granted only to the extent quested authorization would have on the services, except as authorized under this sec- that— rates for, and availability of, telephone ex- tion. ‘‘(A) both the Attorney General and the change, interexchange, and other tele- ‘‘(b) CURRENTLY AUTHORIZED ACTIVITIES.— Federal Communications Commission ap- communications services; Subsection (a) shall not prohibit a Bell oper- prove the authorization under paragraph (2), ‘‘(III) the availability of alternative pro- ating company from engaging, at any time unless either of their approvals is vacated, viders of telephone exchange service after the date of enactment of the Commu- reversed, or remanded as a result of judicial throughout the geographic area in which the nications Act of 1994, in any activity as au- review, or thorized by an order entered by the United Bell operating company or its affiliate seeks ‘‘(B) as a result of such judicial review of States District Court for the District of Co- to provide service; either or both determinations, both the At- lumbia pursuant to the Modification of Final ‘‘(IV) the extent to which there exist bar- torney General and the Federal Communica- Judgment if such order was entered on or be- riers to entering the telephone exchange tions Commission approved the requested fore such date of enactment. services market, including the extent to authorization. ‘‘(c) PETITION FOR AUTHORITY FOR which consumers have an opportunity to se- ‘‘(d) JUDICIAL REVIEW— INTERLATA TELECOMMUNICATION SERVICES— lect their presubscribed telephone exchange ‘‘(1) COMMENCEMENT OF ACTION.—Not later ‘‘(1) APPLICATION— service providers by means of a balloting than 45 days after a determination by the At- ‘‘(A) IN REGION.—On or after the date of en- process; and torney General or the Federal Communica- actment of the Communications Act of 1994, ‘‘(V) the potential for cross-subsidization tions Commission is published under sub- a Bell operating company or affiliate may or anticompetitive activity by the Bell oper- section (c)(3), the Bell operating company or apply to the Attorney General and the Com- ating company. affiliate that applied to the Attorney Gen- mission for authorization notwithstanding For applications submitted under paragraph eral and the Federal Communications Com- the Modification of Final Judgment to pro- (1)(B), the Commission shall take into ac- mission under subsection (c)(1), or any per- vide interLATA telecommunications service count subclauses (I), (II), and (V). son who would be threatened with loss or originating in any area where such Bell oper- ‘‘(iii) The Commission shall approve a re- damage as a result of the determination re- ating company is the dominant provider of quested authorization for applications sub- garding such company’s engaging in the ac- wireline telephone exchange service. The ap- mitted under paragraph (1)(A) only if— tivity described in such company’s applica- plication shall describe with particularity ‘‘(I) the Commission finds that, as pre- tion, may commence an action in any United the nature and scope of the activity and of scribed by section 230(a), no State or local States Court of Appeals against the Attor- each product market or service market, and statute, regulations, or other State or local ney General or the Federal Communications each geographic market for which authoriza- requirement in effect in the area in which Commission, as the case may be, for judicial tion is sought. the petitioning Bell operating company or review of the determination regarding the ‘‘(B) OUT OF REGION.—On or after the date affiliate seeks to originate interLATA tele- application. of enactment of the Communications Act of communications, prohibits or has the effect ‘‘(2) JUDGMENT.— 1994, a Bell operating company or affiliate of prohibiting the ability of any entity to ‘‘(A) The Court shall enter a judgment may apply to the Attorney General and the provide interstate or intrastate tele- after reviewing the determination in accord- Commission for authorization, notwith- communications services in the State and ance with section 706 of title 5 of the United standing the Modification of Final Judg- local area where the Bell operating company State Code. ‘‘(B) A JUDGMENT.— ment, to provide interLATA telecommuni- seeks to originate interLATA services; ‘‘(i) affirming any part of the determina- cations services not described in subpara- ‘‘(II) either the Commission has adopted tion that approves granting all or part of the graph (A). The application shall describe and made effective regulations to implement requested authorization, or with particularity the nature and scope of and enforce the requirements of section 201A, ‘‘(ii) reversing any part of the determina- the activity and of each product market or or 21 months after the date of enactment of tion that denies all or part of the requested service market, and each geographic market the Communications Act of 1994, whichever authorization, shall describe with particu- for which authorization is sought. is earlier; and larity the nature and scope of the activity, ‘‘(2) DETERMINATION BY ATTORNEY GENERAL ‘‘(III) the Commission finds that the Bell and of each product market or service mar- AND COMMISSION.— operating company has fully implemented ket, and each geographic market, to which ‘‘(A) DETERMINATION.—Not later than 180 the requirements of subparagraphs (A) the affirmance or reversal applies. days after receiving an application made through (G) of section 230(c)(1), and finds ‘‘(e) ENFORCEMENT.— under paragraph (1), the Attorney General that, at the time of consideration of its ap- ‘‘(1) PRIVATE RIGHT OF ACTION.—Any person and the Commission each shall issue a writ- plication, the Bell operating company is in who is injured in its business or property by ten determination, on the record after an op- full compliance with the Commission’s regu- reason of a violation of this section— portunity for a hearing, with respect to the lations to implement and enforce the re- ‘‘(A) may bring a civil action in any dis- authorization for which a Bell operating quirements of section 230 (e) and (f), and any trict court of the United States in the dis- company or affiliate has applied. In making State regulations under 230(c)(2), where the trict in which the defendant resides or is such determinations, the Attorney General Bell operating company seeks to originate found or has an agent, without respect to the and the Commission shall review the whole interLATA services. amount in controversy, and record. ‘‘(iv) Any Bell operating company granted ‘‘(B) shall recover threefold the damages ‘‘(B) APPROVAL.— authority under paragraph (1)(A) shall pro- sustained, and the costs of suit (including a ‘‘(i) The Attorney General shall approve vide intraLATA toll dialing parity through- reasonable attorney’s fee). The court may the authorization requested in any applica- out that market coincident with its exercise award under this action, pursuant to a mo- tion submitted under paragraph (1) only to of that authority. If the Commission finds tion by such person promptly made, simple the extent that the Attorney General finds that such a Bell operating company has pro- interest on actual damages for the period be- that there is no substantial possibility that vided interLATA service authorized under ginning on the date of service of such per- such company or its affiliates could use mo- this clause before its implementation of son’s pleading setting forth a claim under nopoly power in a telephone exchange or ex- intraLATA toll dialing parity throughout this title and ending on the date of judg- change access service market to impede that market, or fails to maintain intraLATA ment, or for any shorter period therein, if

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8279 the court finds that the award of such inter- intraLATA toll service that are no less than protection of any proprietary information est for such period is just in the cir- the rates the Bell operating company submitted to it under this section. cumstances. charges other interLATA carriers for its ‘‘(F) COMMISSION ACTION ON COMPLAINTS.— ‘‘(2) PRIVATE INJUNCTIVE RELIEF.—Any per- local exchange and exchange access services With respect to any complaint brought under son shall be entitled to sue for and have in- plus the other costs to the subsidiary of pro- section 208 alleging a violation of this sec- junctive relief, in any court of the United viding such services; tion or the regulations implementing it, the States having jurisdiction over the parties, ‘‘(D) be permitted to use interLATA facili- Commission shall issue a final order within 1 against threatened loss or damage by a vio- ties and services provided by its affiliated year after such complaint is filed. lation of this section, when and under the Bell operating company, so long as its costs ‘‘(g) ADDITIONAL AUTHORITY TO PROVIDE same conditions and principles as injunctive are appropriately allocated and such facili- INTERLATA SERVICES RELATING TO COMMER- relief is available under section 16 of the ties and services are provided to its subsidi- CIAL MOBILE RADIO SERVICES.—Notwith- Clayton Act (15 U.S.C. 26). In any action aries and other carriers on nondiscrim- standing any restriction or obligation im- under this subsection in which the plaintiff inatory rates, terms and conditions; posed pursuant to the Modification of Final substantially prevails, the court shall award ‘‘(E) comply with Commission regulations Judgment before the date of enactment of the cost of suit, including a reasonable attor- to ensure that the economic risks associated the Communications Act of 1994, the Com- ney’s fee, to such plaintiff. with the provision of interLATA services by mission shall prescribe uniform equal access ‘‘(f) INTERLATA TELECOMMUNICATIONS such subsidiary are not borne by customers and long distance presubscription require- SERVICE SAFEGUARDS.— of the company’s telephone exchange serv- ments for providers of all cellular and two- ‘‘(1) SEPARATE SUBSIDIARY.—Other than ices; and way wireless services. interLATA services authorized by an order ‘‘(F) shall not obtain credit under any ar- ‘‘(h) EXCEPTIONS FOR INCIDENTAL SERV- entered by the United States District Court rangement that would permit a creditor, ICES.— for the District of Columbia pursuant to the upon default, to have recourse to the assets ‘‘(l) Subsection (a) shall not prohibit a Bell Modification of Final Judgment before the of the local exchange carrier. operating company at any time after the ‘‘(4) TRIENNIAL AUDIT.— date of the enactment of the Communica- date of enactment of the Communications ‘‘(A) GENERAL REQUIREMENT.—A Bell oper- Act of 1994 from providing interLATA tele- tions Act of 1994, a Bell operating company ating company that engages in interLATA communications services incidental to the providing interLATA services authorized services shall obtain and pay for an audit purpose of— under subsection (c) shall provide such every 3 years conducted by an independent ‘‘(A)(i) providing audio programming, interLATA services in that market only auditor selected by, and working at the di- video programming, or other programming through a subsidiary that is separate from rection of, the State commission of each services to subscribers of such company, any Bell operating company entity that pro- State in which such Bell operating company ‘‘(ii) providing the capability for inter- vides regulated local telephone exchange provides local exchange service, to deter- action by such subscribers to select or re- service. The subsidiary required by this sec- mine whether such Bell operating company spond to such audio programming, video pro- tion need not be separate from affiliates re- has complied with this section and the regu- gramming, or other programming services, quires in sections 231, 233, and 613 of this Act lations promulgated under this section, and to order, or control transmission of the pro- or any other affiliate that does not provide particularly whether such Bell operating gramming, polling or balloting, and ordering regulated local telephone exchange service. company has complied with the separate ac- other goods or services, or ‘‘(2) NONDISCRIMINATION SAFEGUARDS.—The counting requirements under subsection (c). ‘‘(iii) providing to distributors audio pro- Bell operating company shall— ‘‘(B) RESULTS SUBMITTED TO COMMISSION; gramming or video programming that such ‘‘(A) fulfill any requests from an unaffili- STATE COMMISSIONS.—The auditor described company owns, controls, or is licensed by the ated entity for exchange access service with- in clause (i) shall submit the results of the copyright owner of such programming, or by in a period no longer than that in which it audit to the Commission and to the State an assignee of such owner, to distribute. provides such exchange access service to commission of each State in which the Bell ‘‘(B) providing a telecommunications serv- itself or to its affiliates; operating company audited provides tele- ice, using the transmission facilities of a ‘‘(B) fulfill any such requests with ex- phone exchange service, which shall make cable system that is an affiliate of such com- change access service of a quality that meets such results available for public inspection. pany, between LATAs within a cable system or exceeds the quality of exchange access Any party may submit comments on the franchise area in which such company is not, services provided by the Bell operating com- final audit report. on the date of the enactment of the Commu- pany or its affiliates to itself or its affiliate; ‘‘(C) REGULATIONS.—The audit required ‘‘(C) provide exchange access to all carriers under paragraph (1) shall be conducted in ac- nications Act of 1994, a provider of wireline at rates that are not unreasonably discrimi- cordance with procedures established by reg- telephone exchange service, ‘‘(C) providing a commercial mobile service natory and are based on costs and any ex- ulation by the State commission of the State except where such service is a replacement plicit subsidy; in which such Bell operating company pro- for land line telephone exchange service for ‘‘(D) in any transaction with the subsidiary vides local exchange service. The regulations a substantial portion of the telephone land required by this section, not prefer or dis- shall include requirements that— criminate in favor of such subsidiary; ‘‘(i) each audit submitted to the Commis- line exchange service in a State in accord- ‘‘(E) not provide any facilities, services, or sions and to the State commission is cer- ance with section 332(c) of the Communica- information concerning its provision of ex- tified by the auditor responsible for con- tions Act of 1934 (47 U.S.C. 332(c)) and with change access service to the subsidiary re- ducting the audit; and the regulations prescribed by the Commis- quired by this section unless such facilities, ‘‘(ii) each audit shall be certified by the sion, services, or information are made available person who conducted the audit and shall ‘‘(D) providing a service that permits a to other providers of interLATA services in identify with particularity any qualifica- customer that is located in one LATA to re- that market on the same terms and condi- tions or limitations on such certification and trieve stored information from, or file infor- tions; any other information relevant to the en- mation for storage in, information storage ‘‘(F) not enter into any joint venture or forcement of the requirements of this sec- facilities of such company that are located partnership with the subsidiary required by tion. in another LATA area, so long as the cus- this section; and ‘‘(D) COMMISSION REVIEW.—The Commission tomer acts affirmatively to initiate the stor- ‘‘(G) charge the subsidiary required by this shall periodically review and analyze the au- age or retrieval of information, except that— section, and impute to itself or any dits submitted to it under this subsection. ‘‘(i) such service shall not cover any serv- intraLATA toll affiliate, the same rates for ‘‘(E) ACCESS TO DOCUMENTS.—For purposes ice that establishes a direct connection be- access to its local exchange and exchange ac- of conducting audits and reviews under this tween end users or any real-time voice and cess services that it charges other, unaffili- subsection— data transmission, ated, toll carriers for such services. ‘‘(i) the independent auditor, the Commis- ‘‘(ii) such service shall not include voice, ‘‘(3) SEPARATE SUBSIDIARY SAFEGUARDS.— sion, and the State commission shall have data, or facsimile distribution services in The separate subsidiary required by this sec- access to the financial accounts and records which the Bell operating company or affil- tion shall— of each Bell operating company and of its iate forwards customer-supplied information ‘‘(A) carry out its marketing and sales di- subsidiaries necessary to verify transactions to customer- or carrier-selected recipients, rectly and separate from its affiliated Bell conducted with that Bell operating company ‘‘(iii) such service shall not include any operating company or any affiliates of such that are relevant to the specific activities service in which the Bell operating company company; permitted under this section and that are or affiliate searches for and connects with ‘‘(B) maintain books, records, and accounts necessary for the regulation of rates for tele- the intended recipient of information, or any in the manner prescribed by the Commission phone exchange and exchange access; service in which the Bell operating company which shall be separate from the books, ‘‘(ii) the Commission and the State Com- or affiliate automatically forwards stored records, and accounts maintained by its af- mission shall have access to the working pa- voicemail or other information to the in- filiated Bell operating company or any affili- pers and supporting materials of any auditor tended recipient; and ates of such company; who performs an audit under this section; ‘‘(iv) customers of such service shall not be ‘‘(C) charge rates to consumers, and any and billed a separate charge for the interLATA intraLATA toll affiliate shall charge rates to ‘‘(iii) the State commission shall imple- telecommunications furnished in conjunc- consumers, for interLATA service and ment appropriate procedures to ensure the tion with the provision of such service;

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8280 CONGRESSIONAL RECORD — SENATE June 13, 1995 ‘‘(E) providing signaling information used BROWN AMENDMENTS NOS. 1317– SEC. 409. PREVENTION OF UNFAIR BILLING in connection with the provision or exchange 1320 PRACTICES FOR INFORMATION OR access services to a local exchange carrier SERVICES PROVIDED OVER TOLL- that, together with any affiliated local ex- (Ordered to lie on the table.) FREE TELEPHONE CALLS. change carriers, has aggregate annual reve- Mr. BROWN submitted four amend- (a) FINDINGS.—Congress makes the fol- nues of less than $100,000,000; or ments intended to be proposed by him lowing findings: ‘‘(F) providing network control signaling to the bill S. 652, supra; as follows: (1) Reforms required by the Telephone Dis- closure and Dispute Resolution Act of 1992 information to, and receiving such signaling AMENDMENT NO. 1317 information from, interexchange carriers at have improved the reputation of the pay-per- In managers’ amendment, on page 13, line any location within the area which such call industry and resulted in regulations 20, after ‘‘programming’’ insert: ‘‘by any that have reduced the incidence of mis- company provides exchange services or ex- means’’. change access. leading practices that are harmful to the public interest. ‘‘(2) The provisions of paragraph (1) are in- AMENDMENT NO. 1318 tended to be narrowly construed. Nothing in (2) Among the successful reforms is a re- this subsection permits a Bell operating On page 12, line 10 insert after ‘‘services’’‘ striction on charges being assessed for calls ‘‘or its affiliate’’. company or any affiliate of such a company to 800 telephone numbers or other telephone to provide interLATA telecommunications numbers advertised or widely understood to services not described in paragraph (1) with- AMENDMENT NO. 1319 be toll free. out receiving the approval of the Commis- At the appropriate point in the bill, insert (3) Nevertheless, certain interstate pay- sion and the Attorney General under sub- the following: per-call businesses are taking advantage of section (c). The transmission facilities used () DIGITAL VIDEO STANDARDS.—Section an exception in the restriction on charging by a Bell operating company or affiliate 624 of the Communications Act of 1934 (47 for information conveyed during a call to a thereof to provide interLATA telecommuni- U.S.C. 544) is amended by adding at the end ‘‘toll-free’’ number to continue to engage in cations under subparagraphs (C) and (D) of the following new subsection: misleading practices. These practices are not paragraph (1) shall be leased by that com- ‘‘(j) DIGITAL VIDEO STANDARDS.—The Com- in compliance with the intent of Congress in pany from unaffiliated entities on terms and mission may participate, in a manner con- passing the Telephone Disclosure and Dis- conditions (including price) no more favor- sistent with its authority and practice prior pute Resolution Act. able than those available to the competitors to the date of enactment of this subsection, (4) It is necessary for Congress to clarify of that company until approval is obtained in the development by appropriate voluntary that its intent is that charges for informa- from the Commission and the Attorney Gen- industry standards-setting organizations of tion provided during a call to an 800 number eral under subsection (c). The interLATA technical standards for the digital trans- or other number widely advertised and un- services provided under paragraph (1)(A) are mission and reception of the signals of video derstood to be toll free shall not be assessed limited to this interLATA transmissions in- programming. The Commission shall have no to the calling party unless the calling party cidental to the provision by a Bell operating authority to prescribe such standards, except agrees to be billed according to the terms of company or its affiliate of video, audio, and with respect to the over-the-air transmission a written subscription agreement or by other other programming services that the com- and reception of the signals of broadcast tel- appropriate means. pany or its affiliate is engaged in providing evision stations between such stations and (b) PREVENTION OF UNFAIR BILLING PRAC- to the public and, except as provided in para- members of the public directly receiving TICES.— graph (1)(A)(iii), does not include the such signals.’’. (1) IN GENERAL.—Section 228(c) (47 U.S.C. interLATA transmission of audio, video, or 228(c)) is amended— other programming services provided by oth- AMENDMENT NO. 1320 (A) by striking out subparagraph (C) of ers. In managers’ amendment, on page 15, line paragraph (7) and inserting in lieu thereof ‘‘(3)(A) The Commission, in consultation 1, insert the following: ‘‘(1) by inserting after the following: with the Attorney General, shall prescribe ‘organized’ in subsection (a)(1) the following: ‘‘(C) the calling party being charged for in- regulations for the provision by a Bell oper- ‘any person who was a nondominant tele- formation conveyed during the call unless— ating company or any of its affiliates of the communications carrier on January 1, ‘‘(i) the calling party has a written agree- interLATA services authorized under this 1995.’.’’ ment (including an agreement transmitted subsection. The regulations shall ensure that through electronic medium) that meets the the provision of such service by a Bell oper- requirements of paragraph (8); or BYRD (AND EXON) AMENDMENT ‘‘(ii) the calling party is charged for the in- ating company or its affiliate does not— NO. 1321 ‘‘(i) permit that company to provide tele- formation in accordance with paragraph (9); communications services not described in (Ordered to lie on the table.) or’’; and paragraph (1) without receiving the approv- Mr. BYRD (for himself and Mr. EXON) (B) by adding at the end the following new als required by subsection (c), or submitted an amendment intended to paragraphs: ‘‘(8) SUBSCRIPTION AGREEMENTS FOR BILLING ‘‘(ii) adversely affect telephone exchange be proposed by them to the bill S. 652, FOR INFORMATION PROVIDED VIA TOLL-FREE ratepayers or competition in any tele- supra; as follows: CALLS.— communications services market. On page 1 of the amendment, line 4, strike ‘‘(A) IN GENERAL.—For purposes of para- ‘‘(B) Nothing in this paragraph shall delay out ‘‘determination,’’ and insert in lieu graph (7)(C), a written subscription does not the ability of a Bell operating company to thereof the following: ‘‘determination. If the meet the requirements of this paragraph un- provide the interLATA services described in President objects to a determination, the less the agreement specifies the material paragraph (1) immediately upon enactment President shall, immediately upon such ob- terms and conditions under which the infor- of the Communications Act of 1994. jection, submit to Congress a written report mation is offered and includes— ‘‘(4) As used in this subsection— (in unclassified form, but with a classified ‘‘(i) the rate at which charges are assessed ‘‘(A) ‘audio programming services’ means annex if necessary) that sets forth a detailed for the information; programming provided by, or generally con- explanation of the findings made and factors ‘‘(ii) the information provider’s name; sidered to be comparable to programming considered in objecting to the determina- ‘‘(iii) the information provider’s business provided by, a radio broadcast station, and tion.’’ address; ‘‘(B) ‘video programming service’ and On page 49, line 17, insert after the period ‘‘(iv) the information provider’s regular ‘other programming services’ have the same the following: ‘‘While determining whether business telephone number; meanings as such terms have under section such opportunities are equivalent on that ‘‘(v) the information provider’s agreement 602 of this Act. basis, the Commission shall also conduct an to notify the subscriber of all future changes ‘‘(i) DEFINITIONS.—As used in this section: evaluation of opportunities for access to all in the rates charged for the information; and ‘‘(1) The term ‘LATA’ means the local ac- segments of the telecommunications market ‘‘(vi) the subscriber’s choice of payment cess and transport area as defined in United of the applicant.’’ method, which may be by direct remit, debit, States v. Western Electric Co., 569 F.Supp. prepaid account, phone bill or credit or call- 990 (United States District Court, District of HARKIN AMENDMENTS NOS. 1322– ing card. ‘‘(B) BILLING ARRANGEMENTS.—If a sub- Columbia) and subsequent judicial orders re- 1324 lating thereto. scriber elects, pursuant to subparagraph (A)(vi), to pay by means of a phone bill— ‘‘(2) The term ‘cable service’ has the mean- (Ordered to lie on the table.) ‘‘(i) the agreement shall clearly explain ing given that term under section 602.’’. Mr. HARKIN submitted three amend- that charges for the service will appear on SEC. 442. JURISDICTION. ments intended to be proposed by him to the bill S. 652, supra; as follows: the subscriber’s phone bill; Section 2(b) of the Communications Act of ‘‘(ii) the phone bill shall include, in promi- 1934 (47 U.S.C. 153) is amended by striking AMENDMENT NO. 1322 nent type, the following disclaimer: ‘‘section 332’’ and inserting in lieu thereof On page 146, below line 14, add the fol- ‘Common carriers may not disconnect ‘‘sections 229, 230, 234, 235, 237, and 332’’. lowing: local or long distance telephone service for

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8281 failure to pay disputed charges for informa- to the unfair and deceptive practices that (B) by inserting a comma after ‘‘activity’’; tion services.’; and are prohibited by the rules prescribed pursu- and ‘‘(iii) the phone bill shall clearly list the ant to section 201(a).’’. (C) by adding thereafter ‘‘including the in- 800 number dialed. vestigation of fraudulent or unlawful use of ‘‘(C) USE OF PINS TO PREVENT UNAUTHORIZED AMENDMENT NO. 1323 wire, electronic, or digital communication USE.—A written agreement does not meet the On page 109, line 4, strike out ‘‘3 years’’ services by any person,’’. requirements of this paragraph unless it re- and insert in lieu thereof ‘‘6 years’’. quires the subscriber to use a personal iden- EXON AMENDMENT NO. 1327–1329 tification number to obtain access to the in- AMENDMENT NO. 1324 formation provided, and includes instruc- (Ordered to lie on the table.) On page 146, below line 14, add the fol- Mr. EXON submitted three amend- tions on its use. lowing: ‘‘(D) EXCEPTIONS.—Notwithstanding para- ments intended to be proposed by him graph (7)(C), a written agreement that meets SEC. 409. DISCLOSURE OF CERTAIN RECORDS FOR INVESTIGATIONS OF TELE- to the bill S. 652, supra; as follows: the requirements of this paragraph is not re- MARKETING FRAUD. AMENDMENT NO. 1327 quired— Section 2703(c)(1)(B) of title 18, United ‘‘(i) for calls utilizing telecommunications On page 144, strike lines 1 through 17, and States Code, is amended— in lieu thereof insert the following: devices for the deaf; (1) by striking out ‘‘or’’ at the end of ‘‘(ii) for services provided pursuant to a SEC. 405. DISSEMINATION OF INDECENT MATE- clause (ii); RIAL ON CABLE TELEVISION SERV- tariff that has been approved or permitted to (2) by striking out the period at the end of take effect by the Commission or a State ICE. clause (iii) and inserting in lieu thereof ‘‘; (a) IN GENERAL.—Chapter 71 of title 18, commission; or or’’; and ‘‘(iii) for any purchase of goods or of serv- United States Code, is amended by inserting (3) by adding at the end the following: after section 1464 the following: ices that are not information services. ‘‘(iv) submits a formal written request for ‘‘(E) TERMINATION OF SERVICE.—On receipt information relevant to a legitimate law en- ‘‘§ 1464A. Dissemination of indecent material by a common carrier of a complaint by any forcement investigation of the governmental on cable television person that an information provider is in entity for the name, address, and place of ‘‘(a) Whoever knowingly disseminates any violation of the provisions of this section, a business of a subscriber or customer of such indecent material on any channel provided carrier shall— provider, which subscriber or customer is en- to all subscribers as part of a basic cable tel- ‘‘(i) promptly investigate the complaint; gaged in telemarketing (as such term is in evision package shall be imprisoned not and section 2325 of this title).’’. more than two years or fined under this ‘‘(ii) if the carrier reasonably determines title, or both. that the complaint is valid, it may termi- ‘‘(b) As used in this section, the term ‘basic nate the provision of service to an informa- WARNER AMENDMENT NO. 1325 cable television package’ means those chan- tion provider unless the provider supplies (Ordered to lie on the table.) nels provided by any means for a basic cable evidence of a written agreement that meets Mr. WARNER submitted an amend- subscription fee to all cable subscribers, in- the requirements of this section. ment intended to be proposed by him cluding ‘basic cable service’ and ‘other pro- ‘‘(F) TREATMENT OF REMEDIES.—The rem- to the bill S. 652, supra; as follows: gramming service’ as those terms are defined edies provided in this paragraph are in addi- in section 602 of the Communications Act of tion to any other remedies that are available At the end of section 222 of the bill, insert 1939 but does not include separate channels under title V of this Act. the following: that are provided to subscribers upon spe- ‘‘(9) CHARGES IN ABSENCE OF AGREEMENT.—A (c) ADDITIONAL REQUIREMENTS RELATING TO cific request, whether or not a separate or calling party is charged for a call in accord- RESEARCH AND DESIGN ACTIVITIES WITH RE- additional fee is charged.’’. ance with this paragraph if the provider of SPECT TO MANUFACTURING.—(1) In addition to ‘‘(c) CLERICAL AMENDMENT.—The table of the information conveyed during the call— the rules required under section 256(a)(2) of sections at the beginning of chapter 71 of ‘‘(A) clearly states to the calling party the the Communications Act of 1934, as added by title 18, United States Code, is amended by total cost per minute of the information pro- subsection (a), a Bell operating company inserting after the item relating to section vided during the call and for any other infor- may not engage in the activities or enter 1464 the following new item: mation or service provided by the provider to into the agreements referred to in such sec- ‘‘1464A. Dissemination of indecent material which the calling party requests connection tion 256(a)(2) until the Commission adopts on cable television.’’. during the call; and the rules required under paragraph (2). ‘‘(B) receives from the calling party— (2) The Commission shall adopt rules AMENDMENT NO. 1328 ‘‘(i) an agreement to accept the charges for that— On page 144, strike lines 1 through 17. any information or services provided by the (A) provide for the full, ongoing disclosure provider during the call; and by the Bell operating companies of all proto- AMENDMENT NO. 1329 cols and technical specifications required for ‘‘(ii) a credit, calling, or charge card num- On page 137 beginning with line 12 strike connection with and to the telephone ex- ber or verification of a prepaid account to through line 10 on page 143 and insert the fol- change networks of such companies, and of which such charges are to be billed. lowing: any proposed research and design activities ‘‘(10) DEFINITION.—As used in paragraphs (1) by striking subsection (a) and inserting or other planned revisions to the networks (8) and (9), the term ‘calling card’ means an in lieu thereof: identifying number or code unique to the in- that might require a revision of such proto- ‘‘(a) Whoever— dividual, that is issued to the individual by cols or specifications; ‘‘(1) in the District of Columbia or in inter- a common carrier and enables the individual (B) prevent discrimination and cross-sub- state or foreign communications to be charged by means of a phone bill for sidization by the Bell operating companies ‘‘(A) by means of telecommunications de- ø ¿ charges incurred independent of where the in their transactions regarding what? with vice knowingly— call originates.’’ third parties and with the affiliates of such ‘‘(i) makes, creates, or solicits, and companies; and (2) REGULATIONS.—The Federal Commu- ‘‘(ii) initiates the transmission of, (C) ensure that the research and design ac- nications Commission shall revise its regula- any comment, request, suggestion, proposal, tivities øby the Bell operating companies?¿ tions to comply with the amendment made image, or other communication which is ob- øwith respect to what?¿ are clearly delin- by paragraph (1) not later than 180 days after scene, lewd, lascivious, filthy, or indecent, eated and kept separate from other manufac- the date of the enactment of this Act. with intent to annoy, abuse, threaten, or turing activities øof the Bell operating com- (3) EFFECTIVE DATE.—The amendments harass another person; panies?¿. made by paragraph (1) shall take effect on ‘‘(B) makes a telephone call or utilizes a the date of the enactment of this Act. telecommunications device, whether or not (c) CLARIFICATION OF ‘‘PAY-PER-CALL SERV- GORTON AMENDMENT NO. 1326 conversation or communication ensures, ICES’’ UNDER TELEPHONE DISCLOSURE AND (Ordered to lie on the table.) without disclosing his identify and with in- DISPUTE RESOLUTION ACT.—Section 204(1) of Mr. GORTON submitted an amend- tent to annoy, abuse, threaten, or harass any the Telephone Disclosure and Dispute Reso- person at the called number or who receives lution Act (15 U.S.C. 5714(1)) is amended to ment intended to be proposed by him the communication; read as follows: to the bill S. 652, supra; as follows: ‘‘(C) makes or causes the telephone of an- ‘‘(1) The term ‘pay-per-call services’ has On page 144, strike out lines 13 through 17, other repeatedly or continuously to ring, the meaning provided in section 228(j)(1) of and insert the following in lieu thereof: with intent to harass any person at the the Communications Act of 1934, except that (2) In paragraph (2)(a)(1)— called number; or the Commission by rule may, notwith- (A) by striking ‘‘wire or electronic commu- ‘‘(D) makes repeated telephone calls or re- standing subparagraphs (B) and (C) of such nication’’ each place it appears and inserting peatedly initiates communication with a section, extend such definition to other simi- ‘‘wire, electronic, or digital communication’’ telecommunications device, during which lar services providing audio information or for the first occurrence and ‘‘such commu- conversation or communication ensues, sole- audio entertainment if the Commission de- nication’’ for the second and third occur- ly to harass any person at the called number termines that such services are susceptible rence; or who receives the communication; or

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8282 CONGRESSIONAL RECORD — SENATE June 13, 1995 ‘‘(2) knowingly permits any telecommuni- is not in violation of any law punishable by payphone services or telemessaging serv- cations facility under his control to be used criminal or civil penalty, which activity the ices— for any activity prohibited by paragraph (1) person has taken in good faith to implement ‘‘(1) shall not subsidize its payphone serv- with the intent that it be used for such ac- a defense authorized under this section or ices or telemessaging services directly or in- tivity, otherwise to restrict or prevent the trans- directly with revenue from its telephone ex- shall be fined not more than $100,000 or im- mission of, or access to, a communication change services or its exchange access serv- prisoned not more than two years, or both.’’; specified in this section. ices; and ‘‘(2) shall not prefer or discriminate in and ‘‘(g) No State or local government may im- favor of its payphone services or telemes- (2) by adding at the end the following new pose any liability for commercial activities saging services. subsections: or actions by commercial entities in connec- ‘‘(b) REGULATIONS.— ‘‘(d) Whoever— tion with an activity or action which con- stitutes a violation described in subsection ‘‘(1) In order to promote competition ‘‘(1) knowingly within the United States or among payphone service providers and pro- in foreign communications with the United (a)(2), (d)(2), or (e)(2) that is inconsistent with the treatment of those activities or ac- mote the widespread deployment of States by means of telecommunications de- payphone services to the benefit of the gen- tions under this section provided, however, vice makes or makes available any obscene eral public, not later than six months after that nothing herein shall preclude any State communication in any form including any the date of enactment of the Act the Com- or local government from enacting and en- comment, request, suggestion, proposal, or mission shall adopt rules, with such rules to forcing complementary oversight, liability, image regardless of whether the maker of take effect concurrently no later than nine and regulatory systems, procedures, and re- such communication placed the call or initi- months after the date of enactment of the quirements, so long as such systems, proce- ated the communications; or Act, that: ‘‘(2) knowingly permits any telecommuni- dures, and requirements govern only intra- ‘‘(A) Establish a per call compensation cations facility under such person’s control state services and do not result in the impo- plan to ensure that all payphone services to be used for an activity prohibited by sub- sition of inconsistent rights, duties or obli- providers are fairly compensated for each section (d)(1) with the intent that it be used gations on the provision of interstate serv- and every completed intrastate and inter- for such activity; ices. Nothing in this subsection shall pre- state call using their payphone, except that shall be fined not more than $100,000 or im- clude any State or local government from emergency calls and telecommunications prisoned nor more than two years or both. governing conduct not covered by this sec- relay services calls for hearing disabled indi- ‘‘(e) Whoever— tion. viduals shall not be subject to such com- ‘‘(1) knowingly within the United States or ‘‘(h) Nothing in subsection (a), (d), (e), or pensation; in foreign communications with the United (f) or in the defenses to prosecution under ‘‘(B) Discontinue the current intrastate States by means of telecommunications de- (a), (d), or (e) shall be construed to affect or carrier access charge payphone service ele- vice makes or makes available any indecent limit the application or enforcement of any ments and payments, and all intrastate and communication in any form including any other Federal law. interstate payphone subsidies from basic ex- ‘‘(i) The use of the term ‘telecommuni- comment, request, suggestion, proposal, change and exchange access revenues, in cations device’ in this section shall not im- image, to any person under 18 years of age favor of a compensation plan as specified in pose new obligations on (one-way) broadcast regardless of whether the maker of such subparagraph (A) above; radio or (one-way) broadcast television oper- communication placed the call or initiated ‘‘(C) Prescribe a set of nonstructural safe- ators licensed by the Commission or (one- the communication; or guards for Bell operating company payphone ‘‘(2) knowingly permits any telecommuni- way) cable service registered with the Fed- service to implement the provisions of para- cations facility under such person’s control eral Communications Commission and cov- graphs (1) and (2) of subsection (a), which to be used for activity prohibited by para- ered by obscenity and indecency provisions safeguards shall, at a minimum, include the graph (1) with the intent that it be used for elsewhere in this Act.’’ nonstructural safeguards equal to those ‘‘(j) Within two years from the date of en- such activity, adopted in the Computer Inquiry-III, CC actment and every two years thereafter, the Docket No. 90–623 proceeding; and shall be fined not more than $100,000 or im- Commission shall report on the effectiveness ‘‘(D) Provide for Bell operating company prisoned not more than two years or both. of this section.’’. payphone service providers to have the same ‘‘(f) Defense to the subsections (a), (d), and right that independent payphone providers (e), restrictions on access, judicial remedies have to negotiate with the location provider respecting restrictions for persons providing EXON (AND OTHERS) AMENDMENT NO. 1330 on selecting and contracting with, and, sub- information services and access to informa- ject to the terms of any agreement with the tion services— (Ordered to lie on the table.) location provider, to select and contract ‘‘(1) No person shall be held to have vio- Mr. EXON (for himself, Mr. DORGAN, with the carriers that carry interLATA calls lated subsections (a), (d), or (e) solely for and Mr. BYRD) submitted an amend- from their payphones, and provide for all providing access or connection to or from a ment intended to be proposed by them payphone service providers to have the right facility, system, or network over which that to the bill S. 652, supra; as follows: to negotiate with the location provider on person has no control, including related ca- selecting and contracting with, and, subject pabilities which are incidental to providing On page 49, line 15 after ‘‘Government (or its representative)’’ add the following: ‘‘pro- to the terms of any agreement with the loca- access or connection. This subsection shall tion provider, to select and contract with the vided that the President does not object not be applicable to an individual who is carriers that carry intraLATA calls from within 15 days of such determination’’ and on owned or controlled by, or a conspirator their payphones. Nothing in this section page 50 between lines 14 and 15 insert the fol- with, an entity actively involved in the cre- shall affect any existing contracts between lowing: ation, editing or knowing distribution of location providers and payphone service pro- ‘‘(c) THE APPLICATION OF THE EXON-FLORIO communications which violate this section. viders or interLATA or intraLATA carriers LAW.—Nothing in this section (47 U.S.C. 310) ‘‘(2) No employer shall be held liable under that are in force and effect as of the date of this section for the actions of an employee or shall limit in any way the application of 50 U.S.C. App. 2170 (the Exon-Florio law) to any enactment. agent unless the employee’s or agent’s con- ‘‘(2) PUBLIC INTEREST TELEPHONES.—In the transaction.’’ duct is within the scope of his employment rulemaking conducted pursuant to Para- or agency and the employer has knowledge graph (1), the Commission shall determine of, authorizes, or ratifies the employee’s or KERRY AMENDMENTS NOS. 1331– whether public interest payphones, which agent’s conduct. 1334 are provided in the interest of public health, ‘‘(3) It is a defense to prosecution under (Ordered to lie on the table.) safety, and welfare, in locations where there subsection (a), (d)(2), or (e) that a person has Mr. KERRY submitted four amend- would otherwise not be payphone, should be taken reasonable, effective and appropriate ments intended to be proposed by him maintained, and if so, ensure that such pub- actions in good faith to restrict or prevent lic interest payphones are supported fairly the transmission of, or access to a commu- to the bill S. 652, supra; as follows: and equitably. nication specified in such subsections, or AMENDMENT NO. 1331 ‘‘(c) STATE PREEMPTION.—To the extent complied with procedures as the Commission Strike Section 311 (Kerry payphone amend- that any State requirements are incon- may prescribe in furtherance of this section. ment) in its entirety and insert the fol- sistent with the Commission’s regulations, Until such regulations become effective, it is lowing: the Commission’s regulations on such mat- a defense to prosecution that the person has SEC. 311. PROVISION OF PAYPHONE SERVICES ters shall preempt such State requirements. complied with the procedures prescribed by AND TELEMESSAGING SERVICES. ‘‘(d) RULEMAKING FOR TELEMESSAGING.—In regulation pursuant to subsection (b)(3). Part II of title II (47 U.S.C. 251 et seq.), as a separate proceeding, the Commission shall Nothing in this subsection shall be construed amended by this Act, is amended by adding determine whether, to enforce the require- to treat enhanced information services as after section 264 the following new section: ments of this section, it is appropriate to re- common carriage. ‘‘SEC. 265. PROVISION OF PAYPHONE SERVICES quire the Bell operating companies to pro- ‘‘(4) No cause of action may be brought in AND TELEMESSAGING SERVICES. vide telemessaging services through a sepa- any court or administrative agency against ‘‘(a) NONDISCRIMINATION SAFEGUARDS.—Any rate subsidiary that meets the requirements any person on account of any activity which Bell operating company that provides of Section 252.

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‘‘(e) MODIFICATION OF FINAL JUDGMENT.— location provider, to select and contract widespread deployment of payphone services Notwithstanding any other provision of law, with the carriers that carry interLATA calls to the benefit of the general public, the Com- or any prior prohibition or limitation estab- from their payphones, and provide for all mission shall conduct a rulemaking, with lished pursuant to the Modification of Final payphone service providers to have the right such rulemaking to be concluded not later Judgment, the Commission is directed and to negotiate with the location provider on than six months after the date of enactment authorized to implement this section. selecting and contracting with, and, subject of the Act and with such rules as the Com- ‘‘(f) DEFINITIONS.—As used in the Act: to the terms of any agreement with the loca- mission may adopt in such rulemaking to ‘‘(1) The term ‘payphone service’ means the tion provider, to select and contract with the take effect concurrently no later than nine provision of public or semi-public pay tele- carriers that carry intraLATA calls from months after the date of enactment of the phones, the provision of inmate telephone in their payphones, provided that nothing in Act, in which the Commission shall deter- correctional institutions, and any ancillary this section or in any regulations adopted by mine whether: services;’’ the Commission shall affect any existing ‘‘(A) To establish a compensation plan to ‘‘(2) the term ‘telemessaging services’ contracts between location providers and ensure that all payphone services providers means voice mail and voice storage and re- payphone service providers or interLATA or are fairly compensated for each and every trieval services provided over telephone intraLATA carriers that are in force and ef- completed intrastate and interstate call lines, any live operator services used to fect as of the date of enactment. using their payphone, which plan shall take record, transcribe, or relay messages (other ‘‘(2) PUBLIC INTEREST PAYPHONES.—In the into consideration the payphone provider’s than telecommunication relay services), and rulemaking conducted pursuant to Para- demonstrated costs or some other means of any ancillary services offered in combination graph (1), the Commission shall determine determining the value of providing payphone with these services.’’. whether public interest payphones, which access service, except that emergency calls are provided in the interest of public health, and telecommunications relay service calls AMENDMENT NO. 1332 safety, and welfare, in locations where there for hearing disabled individuals shall not be Strike Section 311 (Kerry payphone amend- would otherwise not be a payphone, should subject to such compensation; ment) in its entirety and insert the fol- be maintained, and if so, ensure that such ‘‘(B) To discontinue the current intrastate lowing: public interest payphones are supported fair- and interstate carrier access charge payphone service elements and payments, ‘‘SEC. 311. PROVISION OF PAYPHONE SERVICES ly and equitably. AND TELEMESSAGING SERVICES. ‘‘(c) STATE PREEMPTION.—To the extent and all intrastate and interstate payphone subsidies from basic exchange and exchange Part II of title II (47 U.S.C. 251 et seq.), as that any State requirements are incon- access revenues; amended by this Act, is amended by adding sistent with the Commission’s regulations, ‘‘(C) To prescribe a set of nonstructural after section 264 the follow new section: adopted in the rulemaking conducted pursu- ant to subsection (b) the Commission’s regu- safeguards for Bell operating company ‘‘SEC 265. PROVISION OF PAYPHONE SERVICES lations on such matters shall preempt such payphone service to implement the provi- AND TELEMESSAGING SERVICES. State requirements. sions of paragraphs (1) and (2) of subsection ‘‘(a) NONDISCRIMINATION SAFEGUARDS.—Any ‘‘(d) RULEMAKING FOR TELEMESSAGING.—In (a), which safeguards shall, at a minimum, Bell operating company that provides a separate proceeding, the Commission shall include the nonstructural safeguards equal payphone services or telemessaging serv- determine whether, to enforce the require- to those adopted in the Computer Iizquiry-III, ices— ments of this section, it is appropriate to re- CC Docket No. 90–623 proceeding; and ‘‘(1) shall not subsidize its payphone serv- quire the Bell operating companies to pro- ‘‘(D) To provide for Bell operating com- ices or telemessaging services directly or in- vide telemessaging services through a sepa- pany payphone service providers to have the directly with revenue from its telephone ex- rate subsidiary that meets the requirements same right that independent payphone pro- change services or its exchange access serv- of Section 252. viders have to negotiate with the location ices; and ‘‘(e) MODIFICATION OF FINAL JUDGMENT.— provider on selecting and contracting with, ‘‘(2) shall not prefer or discriminate in Notwithstanding any other provision of law, and, subject to the terms of any agreement favor of its payphone services or telemes- or any prior prohibition or limitation estab- with the location provider, to select and con- saging services. lished pursuant to the Modification of Final tract with the carriers that carry interLATA ‘‘(b) REGULATIONS.— Judgment, the Commission is directed and calls from their payphones, and provide for ‘‘(1) In order to promote competition authorized to implement this section. all payphone service providers to have the among payphone service providers and pro- ‘‘(f) DEFINITIONS.—As used in the Act: right to negotiate with the location provider mote the widespread deployment of ‘‘(1) the term ‘payphone service’ means the on selecting and contracting with, and, sub- payphone services to the benefit of the gen- provision of public or semi-public pay tele- ject to the terms of any agreement with the eral public, not later than six months after phones, the provision of inmate telephone in location provider, to select and contract the date of enactment of the Act the Com- correctional institutions, and any ancillary with the carriers that carry intraLATA calls mission shall—— services; from their payphones, provided that nothing ‘‘(A) adopt rules, with such rules to take ‘‘(2) the term ‘telemessaging services’ in this section or in any regulation adopted effect concurrently no later than nine means voice mail and voice storage and re- by the Commission shall affect any existing months after the date of enactment of the trieval services provided over telephone contracts between location providers and Act, that—— lines, any live operator services used to payphone service providers or interLATA or ‘‘(i) Establish a per call compensation plan record, transcribe, or relay messages (other intraLATA carriers that are in force and ef- to ensure that all payphone services pro- than telecommunication relay services), and fect as of the date of enactment viders are fairly compensated for each and any ancillary services offered in combination ‘‘(2) PUBLIC INTEREST TELEPHONES.—In the every completed intrastate and interstate with these services.’’ rulemaking conducted pursuant to Para- call using their payphone, except that emer- graph (1), the Commission shall determine gency calls and telecommunications relay AMENDMENT NO. 1333 whether public interest payphones, which service calls for hearing disabled individuals Strike Section 311 (Kerry payphone amend- are provided in the interest of public health, shall not be subject to such compensation; ment) in its entirety and insert the fol- safety, and welfare, in locations where there ‘‘(ii) Discontinue the current intrastate lowing: would otherwise not be a payphone, should and interstate carrier access charge SEC. 311. PROVISION OF PAYPHONE SERVICES be maintained, and if so, ensure that such payphone service elements and payments, AND TELEMESSAGING SERVICES. public interest payphones are supported fair- and all intrastate and interstate payphone Part II of title 11 (47 U.S.C. 251 et seq.), as ly and equitably. subsidies from basic exchange and exchange amended by this Act, is amended by adding ‘‘(c) STATE PREEMPTION.—To the extent access revenues, in favor of a compensation after section 264 the following new section: that any State requirements are incon- plan as specified in subparagraph (A) above; ‘‘SEC. 265. PROVISION OF PAYPHONE SERVICES sistent with the Commission’s regulations ‘‘(iii) Prescribe a set of nonstructural safe- AND TELEMESSAGING SERVICES adopted in the rulemaking conducted pursu- guards for Bell operating company payphone ‘‘(a) NONDISCRIMINATION SAFEGUARDS.—On ant to subsection (b), the Commission’s regu- service to implement the provisions of para- the date that the regulations issued pursuant lations on such matters shall preempt such graphs (1) and (2) of subsection (a), which to subsection (b) take effect, any Bell oper- State requirements. safeguards shall, at a minimum, include the ating company that provides payphone serv- ‘‘(d) RULEMAKING FOR TELEMESSAGING.—In nonstructural safeguards equal to those ices or telemessaging services—— a separate proceeding, the Commission shall adopted in the Computer Inquiry-III, CC ‘‘(1) shall not subsidize its payphone serv- determine whether, to enforce the require- Docket No. 90–623 proceeding; and ices or telemessaging services directly or in- ments of this section, it is appropriate to re- ‘‘(B) In the rulemaking conducted pursuant directly with revenue from its telephone ex- quire the Bell operating companies to pro- to subparagraph (A), determine whether to change services or its exchange access serv- vide telemessaging services through a sepa- provide for Bell operating company ices; and rate subsidiary that meets the requirements payphone service providers to have the same ‘‘(2) shall not prefer or discriminate in of Section 252. right that independent payphone providers favor of its payphone services or 13 telemes- ‘‘(e) MODIFICATION OF FINAL JUDGMENT.— have to negotiate with the location provider saging services. Notwithstanding any other provision of law, on selecting and contracting with, and, sub- ‘‘(b) REGULATIONS.— or any prior prohibition or limitation estab- ject to the terms of any agreement with the (1) In order to promote competition among lished pursuant to the Modification of Final payphone service providers and promote the Judgment, the Commission is directed and authorized to implement this section.

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‘‘(f) DEFINITIONS.—As used in the Act: enactment of the Telecommunications Act level of violence or other objectionable con- ‘‘(1) the term ‘payphone service’ means the of 1995, a provider of wireline telephone ex- tent in television programming, including provision of public or semi-public pay tele- change service, or rules for the transmission by television phones, the provision of inmate telephone in ‘‘(ii) two-way interactive video services or broadcast stations and cable systems of— correctional institutions, and ancillary serv- Internet services over dedicated facilities to (A) signals containing ratings of the level ices; or for elementary and secondary schools as of violence or objectionable content in such ‘‘(2) the term ‘telemessaging services’ defined in section 264(d),’’ programming; and means voice mail and voice storage retrieval (B) signals containing specifications for services provided over telephone lines, any FEINSTEIN AMENDMENT NO. 1336 blocking such programming; live operator services used to record, tran- (2) to encourage such representatives to es- scribe, or relay messages (other than tele- (Ordered to lie on the table.) tablish such rules in consultation with ap- communication relay services), and ancillary Mrs. FEINSTEIN submitted an propriate public interest groups and inter- services offered in combination with these amendment intended to be proposed by ested individuals from the private sector; services.’’ her to the bill S. 652, supra; as follows: and (3) to encourage television broadcasters On page 136, below line 21, add the fol- AMENDMENT NO. 1334 and cable operators to comply voluntarily lowing: SEC. 311. PROVISION OF PAYPHONE SERVICE with such rules upon the establishment of SEC. 312. CABLE EQUIPMENT COMPATIBILITY. AND TELEMESSAGING SERVICE such rules. Part II of title II (47 U.S.C. 251 et seq.), as (a) FINDINGS.—Subsection (a) of section (b) REQUIREMENT FOR ESTABLISHMENT OF added by this Act, is amended by adding 624A (47 U.S.C. 544A) is amended— RATING CODE.— after section 264 the following new section: (1) by striking ‘‘and’’ at the end of para- (1) IN GENERAL.—If the representatives of graph (2); the broadcast television industry and the ‘‘SEC. 265. PROVISION OF PAYPHONE SERVICE AND TELEMESSAGING SERVICE. (2) by striking the period at the end of cable television industry do not establish the paragraph (3) and inserting in lieu thereof ‘‘; rules referred to in subsection (a)(1) by the ‘‘(a) NONDISCRIMINATION SAFEGUARDS.—Any end of the 1-year period beginning on the Bell operating company that provides and’’; and date of the enactment of this Act, there shall payphone service or telemessaging service— (3) by adding at the end the following: ‘‘(1) shall not subsidize its payphone serv- ‘‘(4) compatibility among televisions, video be established on the day following the end ice or telemessaging service directly or indi- cassette recorders, and cable systems can be of that period a commission to be known as rectly with revenue from its telephone ex- assured with narrow technical standards the Television Rating Commission (hereafter change service or its exchange access serv- that mandate a minimum degree of common in this section referred to as the ‘‘Television ice; and design and operation, leaving all features, Commission’’). The Television Commission ‘‘(2) shall not prefer or discriminate in functions, protocols, and other product and shall be an independent establishment in the favor of its payphone service or telemes- service options for selection through open executive branch as defined under section 104 saging service. competition in the market.’’. of title 5, United States Code. (2) MEMBERS.— ‘‘(b) DEFINITIONS.—As used in this section— (b) RULEMAKING REQUIREMENTS.—Sub- ‘‘(1) The term ‘payphone service’ means the section (c) of such section is amended— (A) IN GENERAL.—The Television Commis- provision of telecommunications service (1) in paragraph (1)— sion shall be composed of 5 members, of through public or semi-public pay tele- (A) by redesignating subparagraphs (A) and whom— (i) three shall be appointed by the Presi- phones, and includes the provision of service (B) as subparagraphs (B) and (C), respec- dent, by and with the advice and consent of to inmates in correctional institutions. tively; and ‘‘(2) The term ‘telemessaging service’ (B) by inserting before subparagraph (B), the Senate; and (ii) two shall be representatives of the means voice mail and voice storage and re- as so redesignated, the following new sub- broadcast television industry and the cable trieval services, any live operator services paragraph (A): television industry. used to record, transcribe, or relay messages ‘‘(A) the need to maximize open competi- (B) NOMINATION.—Individuals shall be nom- (other than telecommunications relay serv- tion in the market for all features, func- inated for appointment under subparagraph ices), and any ancillary services offered in tions, protocols, and other products and (A)(i) not later than 60 days after the date of combination with these services. service options of converter boxes and other the establishment of the Television Commis- ‘‘(c) REGULATIONS.—Not later than 9 cable converters unrelated to the sion. months after the date of enactment of the descrambling or decryption of cable tele- (D) TERMS.—Each member of the Tele- Telecommunications Act of 1995, the Com- vision signals;’’; and vision Commission shall serve until the ter- mission shall complete a rulemaking pro- (2) in paragraph (2)— mination of the commission. ceeding to prescribe regulations to carry out (A) by redesignating subparagraphs (D) and (E) VACANCIES.—A vacancy on the Tele- this section and [determine whether to] (E) as subparagraphs (E) and (F), respec- vision Commission shall be filled in the same adopt a per call compensation system to pro- tively; and manner as the original appointment. vide fair compensation for all payphone pro- (B) by inserting after subparagraph (C) the (2) DUTIES OF TELEVISION COMMISSION.—The viders that applies to local exchange carriers following new subparagraph (D): ‘‘(D) to ensure that any standards or regu- Television Commission shall establish rules once payphone service is removed from the for rating the level of violence or other ob- regulated accounts of local exchange car- lations developed under the authority of this section to ensure compatibility between tel- jectionable content in television program- riers. In that rulemaking proceeding, the ming, including rules for the transmission by Commission shall determine whether, in evision, video cassette recorders, and cable systems do not affect features, functions, television broadcast stations and cable sys- order to enforce the requirements of this sec- tems of— tion, it is appropriate to adopt regulations to protocols, and other product and service op- tions (including telecommunications inter- (A) signals containing ratings of the level require the Bell operating companies to pro- of violence or objectionable content in such vide payphone service or telemessaging serv- face equipment, home automation commu- nications, and computer network services) programming; and ice through a separate subsidiary that meets (B) signals containing specifications for the requirements of section 252, allow the other than those specified in paragraph (1)(B);’’. blocking such programming. Bell operating companies to choose the (3) COMPENSATION OF MEMBERS.— interLATA carrier from Bell operating com- (A) CHAIRMAN.—The Chairman of the Tele- pany payphones, and adopt other regulations LIEBERMAN AMENDMENT NO. 1337 vision Commission shall be paid at a rate to carry out the purposes of this Section. equal to the daily equivalent of the min- The rules adopted pursuant to this sub- (Ordered to lie on the table.) Mr. LIEBERMAN submitted an imum annual rate of basic pay payable for section shall take effect concurrently.’’. level IV of the Executive Schedule under sec- amendment intended to be proposed by tion 5314 of title 5, United States Code, for KERREY AMENDMENT NO. 1335 him to the bill S. 652, supra; as follows: each day (including traveltime) during which On page 3, strike out line 12 and all that Mr. KERREY proposed an amend- the Chairman is engaged in the performance follows through page 4, line 16, and insert in of duties vested in the commission. ment to the bill S. 652, supra; as fol- lieu thereof the following: (B) OTHER MEMBERS.—Except for the Chair- lows: SEC. 503. RATING CODE FOR VIOLENCE AND man who shall be paid as provided under sub- On page 94, strike out line 16 and all that OTHER OBJECTIONABLE CONTENT paragraph (A), each member of the Tele- follows page 94, line 23, and insert in lieu ON TELEVISION. vision Commission shall be paid at a rate thereof the following: (a) SENSE OF CONGRESS ON VOLUNTARY ES- equal to the daily equivalent of the min- ‘‘(B) providing— TABLISHMENT OF RATING CODE.—It is the imum annual rate of basic pay payable for ‘‘(i) a telecommunications service, using sense of Congress— level V of the Executive Schedule under sec- the transmission facilities of a cable system (1) to encourage appropriate representa- tion 5315 of title 5, United States Code, for that is an affiliate of such company, between tives of the broadcast television industry each day (including traveltime) during which LATAs within a cable system franchise area and the cable television industry to establish the member is engaged in the performance of in which such company is not, on the date of in a voluntary manner rules for rating the duties vested in the commission.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8285 (4) STAFF.— (1) of that section within 90 days of its sub- DORGAN AMENDMENT NO. 1343 (A) IN GENERAL.—The Chairman of the Tel- mittal to the Attorney General, the applica- evision Commission may, without regard to tion shall be deemed approved by the Attor- (Ordered to lie on the table.) the civil service laws and regulations, ap- ney General. Mr. DORGAN submitted an amend- point and terminate an executive director ‘‘(C) PUBLICATION.—Not later than 10 days ment intended to be proposed by him and such other additional personnel as may after issuing a determination under para- to the bill S. 652, supra; as follows: be necessary to enable the commission to graph (4), the Attorney General shall publish On page 93, after line 12, insert the fol- perform its duties. The employment of an ex- the determination in the Federal Register.’’ lowing: ecutive director shall be subject to confirma- On page 91, line 1, after the word ‘‘Commis- ‘‘(6) NOTIFICATION OF ATTORNEY GENERAL.— tion by the commission. sion’’ add the words ‘‘or the Attorney Gen- ‘‘(A) NOTIFICATION.—The Commission shall (B) COMPENSATION.—The Chairman of the eral’’. immediately notify the Attorney General of Television Commission may fix the com- any approval of an application under para- pensation of the executive director and other GRAMM AMENDMENT NO. 1339 graph (l). personnel without regard to the provisions of ‘‘(B) ACTION BY ATTORNEY GENERAL.—Upon chapter 51 and subchapter III of chapter 53 of (Ordered to lie on the table.) notification of an approval of an application title 5, United States Code, relating to clas- Mr. GRAMM submitted an amend- under paragraph (l), the Attorney may com- sification of positions and General Schedule ment intended to be proposed by him mence an action in any United States Dis- pay rates, except that the rate of pay for the to the bill S. 652, supra; as follows: trict Court if— executive director and other personnel may ‘‘(i) the Attorney General determines that Strike section 206(f)(3), and insert in lieu not exceed the rate payable for level V of the the authorization granted by the Commis- thereof the following: Executive Schedule under section 5316 of sion may substantially lessen competition or ‘‘(3) AVAILABILITY OF AUDITOR’S REPORT.— tend to create a monopoly; or such title. The auditor’s report shall be provided to the (5) CONSULTANTS.—The Television Commis- ‘‘(ii) the Attorney General determines that State commission within 180 days after the sion may procure by contract, to the extent the authorization granted by the Commis- selection of the auditor, and provided to the funds are available, the temporary or inter- sion is inconsistent with any recommenda- public utility company 60 days thereafter.’’ mittent services of experts or consultants tion of the Attorney General provided to the under section 3109 of title 5, United States Commission pursuant to paragraph (2) of this Code. The commission shall give public no- BOXER (AND LEVIN) AMENDMENT section. tice of any such contract before entering NO. 1340 ‘‘The commencement of such an action shall into such contract. (Ordered to lie on the table.) stay the effectiveness of the Commission’s (6) FUNDING.—Funds for the activities of Mrs. BOXER (for herself and Mr. approval unless the court shall otherwise the Television Commission shall be derived LEVIN) submitted an amendment in- specifically order. from fees imposed upon and collected from ‘‘(C) STANDARD OF REVIEW.—In any such ac- television broadcast stations and cable sys- tended to be proposed by them to the tion, the court shall review de novo the tems by the Federal Communications Com- bill S. 652, supra; as follows: issues presented. The court may only uphold mission. The Federal Communications Com- On page 71, between lines 2 and 3, insert the Commission’s authorization if the court mission shall determine the amount of such the following: finds that the effect of such authorization fees in order to ensure that sufficient funds (d) PRESERVATION OF BASIC TIER SERVICE.— will not be substantially to lessen competi- are available to the Television Commission Section 623 (47 U.S.C. 543) is further amended tion or to tend to create a monopoly in any to support the activities of the Television by adding at the end the following: line of commerce in any section of the coun- Commission under this subsection. ‘‘(n) PRESERVATION OF BASIC TIER SERV- try. The court may uphold all or part of the ICE.—A cable operator may not cease to fur- authorization.’’ BROWN AMENDMENT NO. 1338 nish as part of its basic service tier any pro- gramming that is part of such basic service KERREY AMENDMENTS NOS. 1344– (Ordered to lie on the table.) tier on January 1, 1995, unless the fran- Mr. BROWN submitted an amend- chising authority for the franchise area con- 1345 ment intended to be proposed by him cerned approves the action.’’. (Ordered to lie on the table.) to the bill S. 652, supra; as follows: Mr. KERREY submitted two amend- On page 82, line 23, beginning with the DOLE AMENDMENT NO. 1341 ments intended to be proposed by him word ‘‘after’’, delete all that follows through (Ordered to lie on the table.) to the bill S. 652, supra; as follows: the word ‘‘services’’ on line 2, page 83 and in- Mr. DOLE submitted an amendment AMENDMENT NO. 1344 sert therein the following: ‘‘to the extent ap- intended to be proposed by him to the On page 37, line 7, insert after ‘‘service.’’ proved by the Commission and the Attorney bill S. 652, supra; as follows: the following: ‘‘In addition to the members General’’. of the Joint Board required under such sec- On page 88, line 17, after the word ‘‘Com- On page 70, beginning with line 22, strike through line 2 on page 71. tion 410(c), one member of the Joint Board mission’’, add the words ‘‘and Attorney Gen- shall be an appointed utility consumer advo- eral’’. cate of a State who is nominated by a na- On page 89, beginning with the word ‘‘be- KERRY AMENDMENT NO. 1342 tional organization of State utility con- fore’’ on line 9, strike all that follows sumer advocates.’’. through line 15. (Ordered to lie on the table.) On page 90, line 10, replace ‘‘(3)’’ with Mr. KERRY submitted an amend- AMENDMENT NO. 1345 ‘‘(C)’’; after the word ‘‘Commission’’ on line ment intended to be proposed by him 17, add the words ‘‘or Attorney General’’; and to the bill S. 652, supra; as follows: On page 37, on line 7, after ‘‘service.’’, in- sert: ‘‘In addition to the members required after the word ‘‘Commission’’ on line 19, add On page 146, strike line 14 and insert in lieu under section 410(c) of the Communications the words ‘‘and Attorney General’’. On page the following: ‘‘cency, or nudity’’. Act of 1934, one member of the Joint Board 90, after line 13, add the following para- This section shall not become effective un- shall be a State-appointed utility consumer graphs: less the Commission shall prohibit any tele- advocate nominated by a national organiza- ‘‘(4) DETERMINATION BY ATTORNEY GEN- communications carrier from excluding from tion of State utility consumer advocates.’’ ERAL.— any of such carrier’s services any high-cost (A) REVISED STANDARD.—Notwithstanding area, or any area on the basis of the rural lo- the standard of approval set forth in sub- cation or the income of the residents of such HEFLIN AMENDMENT NO. 1346 paragraph (C) of section 255(c)(2) of the Com- area; provided that a carrier may exclude an (Ordered to lie on the table.) munications Act of 1934, as added by section area in which the carrier can demonstrate Mr. HEFLIN submitted an amend- 221(a) of this Act, the Attorney General shall that— ment intended to be proposed by him approve an authorization requested in an ap- (1) providing a service to such area will be plication referred to in that subparagraph less profitable for the carrier than providing to the bill S. 652, supra; as follows: unless the Attorney General finds that there the service in areas to which the carrier is At the appropriate place in the bill, insert is a dangerous probability that the Bell oper- already providing or has proposed to provide the following: ating company covered by the application or the service; and— SEC. . AUTHORITY TO ACQUIRE CABLE SYS- its affiliates would successfully use market (2) there will be insufficient consumer de- TEMS. power to impede competition in the market mand for the carrier to earn some return (a) IN GENERAL.—Notwithstanding the pro- such company seeks to enter. over the long term on the capital invested to visions of section 613(b)(b)(6) of the Commu- (B) DEADLINE FOR APPROVAL.—Notwith- provide such service to such area. nications Act of 1934, as added by section standing any provision of section 225(c) of The Commission shall provide for public 213(a) of this Act, or any other provision of the Communications Act of 1934, as so added, comment on the adequacy of the carrier’s law, a local exchange carrier (or any affiliate if the Attorney General does not approve or proposed service area on the basis of the re- of such carrier owned by, operated by, con- deny an application referred to in paragraph quirements of this section. trolled by, or under common control with

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8286 CONGRESSIONAL RECORD — SENATE June 13, 1995 such carrier) may obtain a controlling inter- the establishment of the Television Commis- BUMPERS (AND DASCHLE) est in, management interest in, or enter into sion. AMENDMENT NO. 1348 a joint venture or partnership with any cable (D) TERMS.—Each member of the Tele- system described in subsection (b). vision Commission shall serve until the ter- Mr. BUMPERS (for himself and Mr. (b) COVERED CABLE SYSTEMS.—Subsection mination of the commission. DASCHLE) proposed an amendment to (a) applies to any cable system that serves (E) VACANCIES.—A vacancy on the Tele- the bill S. 652, supra as follows: incorporated or unincorporated places or ter- vision Commission shall be filled in the same On page 76 after line 10, insert the fol- ritories having fewer than 50,000 inhabitants manner as the original appointment. if more than——percent the subscriber base lowing new subsection: ‘‘AUTHORITY TO DIS- (2) DUTIES OF TELEVISION COMMISSION.—The of such system serves individuals living out- ALLOW RECOVERY OF CERTAIN COSTS.—Section Television Commission shall establish rules side an urbanized area, as defined by the Bu- 318 of the Federal Power Act (16 U.S.C. 825q) for rating the level of violence or other ob- reau of the Census. is amended— jectionable content in television program- (c) DEFINITION.—For purposes of this sec- (A) by inserting ‘‘(a)’’ after ‘‘Sec. 318.’’; and tion, the term ‘‘local exchange carrier’’ has ming, including rules for the transmission by (B) by adding at the end of thereof the fol- the meaning given such term in section 3(kk) television broadcast stations and cable sys- lowing: of the Communications Act of 1934, as added tems of— ‘‘(b)(1) The Commission shall have the au- by section 8(b) of this Act. (A) signals containing ratings of the level thority to disallow recovery in jurisdictional of violence or objectionable content in such rates of any costs incurred by a public util- LIEBERMAN AMENDMENT NO. 1347 programming; and ity pursuant to a transaction that has been (B) signals containing specifications for authorized under section 13(b) of the Public Mr. LIEBERMAN proposed an blocking such programming. Utility Holding Company Act of 1935, includ- amendment to amendment No. 1275 (3) COMPENSATION OF MEMBERS.— ing costs allocated to such public utility in proposed by Mr. CONRAD to the bill S. (A) CHAIRMAN.—The Chairman of the Tele- accordance with paragraph (d), if the Com- 652, supra; as follows: vision Commission shall be paid at a rate mission determines that the recovery of such On page 3, strike out line 12 and all that equal to the daily equivalent of the min- costs is unjust, unreasonable, or unduly pref- follows through page 4, line 16, and insert in imum annual rate of basic pay payable for erential or discriminatory under sections 205 lieu thereof the following: level IV of the Executive Schedule under sec- or 206 of this Act. SEC. 503. RATING CODE FOR VIOLENCE AND tion 5314 of title 5, United States Code, for ‘‘(2) Nothing in the Public Utility Holding OTHER OBJECTIONABLE CONTENT each day (including traveltime) during which Company Act of 1935, or any actions taken ON TELEVISION. the Chairman is engaged in the performance thereunder, shall prevent a State Commis- (a) SENSE OF CONGRESS ON VOLUNTARY ES- of duties vested in the commission. sion from exercising its jurisdiction to the TABLISHMENT OF RATING CODE.—It is the (B) OTHER MEMBERS.—Except for the Chair- extent otherwise authorized under applicable sense of Congress— man who shall be paid as provided under sub- law with respect to the recovery of a public (1) to encourage appropriate representa- paragraph (A), each member of the Tele- utility in its retail rates of costs incurred by tives of the broadcast television industry vision Commission shall be paid at a rate such public utility pursuant to a transaction and the cable television industry to establish equal to the daily equivalent of the min- authorized by the Securities and Exchange in a voluntary manner rules for rating the Commission under section 13(b) between an imum annual rate of basic pay payable for level of violence or other objectionable con- associate company and such public utility, level V of the Executive Schedule under sec- tent in television programming, including including costs allocated to such public util- rules for the transmission by television tion 5315 of title 5, United States Code, for ity in accordance with paragraph (d). each day (including traveltime) during which broadcast stations and cable systems of— ‘‘(c) In any proceeding of the Commission the member is engaged in the performance of (A) signals containing ratings of the level to consider the recovery of costs described in duties vested in the commission. of violence or objectionable content in such subsection (b)(1), there shall be a rebuttable programming; and (4) STAFF.— presumption that such costs are just, reason- (B) signals containing specifications for (A) IN GENERAL.—The Chairman of the Tel- able, and not unduly discriminatory or pref- blocking such programming; evision Commission may, without regard to erential within the meaning of this Act. (2) to encourage such representatives to es- the civil service laws and regulations, ap- ‘‘(d)(1) In any proceeding of the Commis- tablish such rules in consultation with ap- point and terminate an executive director sion to consider the recovery of costs, the propriate public interest groups and inter- and such other additional personnel as may Commission shall give substantial deference ested individuals from the private sector; be necessary to enable the commission to to an allocation of charges for services, con- and perform its duties. The employment of an ex- struction work, or goods among associate (3) to encourage television broadcasters ecutive director shall be subject to confirma- companies under section 13 of the Public and cable operators to comply voluntarily tion by the commission. Utility Holding Company Act of 1935, wheth- with such rules upon the establishment of (B) COMPENSATION.—The Chairman of the er made by rule, regulation, or order of the such rules. Television Commission may fix the com- Securities Exchange Commission prior to or (b) REQUIREMENT FOR ESTABLISHMENT OF pensation of the executive director and other following the enactment of the Tele- RATING CODE.— personnel without regard to the provisions of communications Competition and Deregula- (1) IN GENERAL.—If the representatives of chapter 51 and subchapter III of chapter 53 of tion Act of 1995. the broadcast television industry and the title 5, United States Code, relating to clas- ‘‘(2) If the Commission pursuant to para- cable television industry do not establish the graph (1) establishes an allocation of charges rules referred to in subsection (a)(1) by the sification of positions and General Schedule that differ from an allocation established by end of the 1-year period beginning on the pay rates, except that the rate of pay for the the Securities and Exchange Commission date of the enactment of this Act, there shall executive director and other personnel may with respect to the same charges, the alloca- be established on the day following the end not exceed the rate payable for level V of the tion established by the Federal Energy Regu- of that period a commission to be known as Executive Schedule under section 5316 of latory Commission shall be effective 12 the Television Rating Commission (hereafter such title. months from the date of the order of the in this section referred to as the ‘‘Television (5) CONSULTANTS.—The Television Commis- Federal Energy Regulatory Commission es- Commission’’). The Television Commission sion may procure by contract, to the extent tablishing such allocation, and binding on shall be an independent establishment in the funds are available, the temporary or inter- the Securities and Exchange Commission as executive branch as defined under section 104 mittent services of experts or consultants of that date. of title 5, United States Code. under section 3109 of title 5, United States ‘‘(e) An allocation of charges for services, (2) MEMBERS.— Code. The commission shall give public no- construction work, or goods among associate (A) IN GENERAL.—The Television Commis- tice of any such contract before entering sion shall be composed of 5 members, of companies under section 13 of the Public into such contract. Utility Holding Company Act of 1935, wheth- whom— (6) FUNDING.—Funds for the activities of (i) three shall be appointed by the Presi- er made by rule, regulation, or order of the the Television Commission shall be derived Securities and Exchange Commission prior dent, as representatives of the public by and from fees imposed upon and collected from with the advice and consent of the Senate; to or following enactment of the Tele- television broadcast stations and cable sys- and communications Competition and Deregula- tems by the Federal Communications Com- (ii) two shall be appointed by the Presi- tion Act of 1995, shall prevent a State Com- mission. The Federal Communications Com- dent, as representatives of the broadcast tel- mission from using a different allocation evision industry and the cable television in- mission shall determine the amount of such with respect to the assignment of costs to dustry, by and with the advice and consent fees in order to ensure that sufficient funds any associate company. of the Senate; are available to the Television Commission ‘‘(f) Subsection (b) shall not apply— (B) NOMINATION.—Individuals shall be nom- to support the activities of the Television ‘‘(1) to any cost incurred and recovered inated for appointment under subparagraph Commission under this subsection. prior to July 15, 1994, whether or not subject (A)(i) not later than 60 days after the date of to refund or adjustment;

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8287 ‘‘(2) to any uncontested settlement ap- vided that the President does not object SEC. . DETERMINATION OF REASONABLENESS proved by the Commission or State Commis- within 15 days of such determination’’ OF CABLE RATES. sion prior to the enactment of the Tele- On page 50 between line 14 and 15 insert the (a) COMMISSION CONSIDERATION.—Notwith- communications Competition and Deregula- following: standing any other provision of this Act or tion Act of 1995’’; or ‘‘(c) THE APPLICATION OF THE EXON-FLORIO section 623(c), as amended by this Act, for ‘‘(3) to any cost incurred and recovered LAW.—Nothing in this section (47 U.S.C. 310) purposes of section 623(c), the Commission prior to September 1, 1994 pursuant to a con- shall limit in any way the application of 50 may only consider a rate for cable program- tract or other arrangement for the sale of U.S.C. App. 2170 (the Exon-Florio law) to any ming services to be unreasonable if it sub- fuel from Windsor Coal Company or Central transaction.’’ stantially exceeds the national average rate Ohio Coal Company which has been the sub- for comparable programming services in ject of a determination by the Securities and BYRD (AND EXON) AMENDMENT cable systems subject to effective competi- Exchange Commission prior to September 1, NO. 1351 tion. 1994, or any cost prudently incurred after (b) RATES OF SMALL CABLE COMPANIES.— that date pursuant to such a contract or Mr. PRESSLER (for Mr. BYRD, for (1) IN GENERAL.—Notwithstanding any other such arrangement before January 1, himself and Mr. EXON) proposed an other provision of this Act or the amend- 2001.’’. amendment to the bill S. 652, supra; as ments made by this Act, the regulations pre- follows: scribed under section 623(c) shall not apply to the rates charged by small cable compa- SIMON (AND OTHERS) On page 1 of the amendment, line 4, strike nies for the cable programming services pro- AMENDMENT NO. 1349 out ‘‘determination.’’ and insert in lieu vided by such companies. thereof the following: ‘‘determination. If the Mr. SIMON (for himself, Mr. DOLE, (2) DEFINITION.—As used in this subsection, President objects to a determination, the the term ‘small cable company’ means the and Mr. PRESSLER) proposed an amend- President shall, immediately upon such ob- ment to the bill S. 652, supra, as fol- following: jection, submit to Congress a written report (A) A cable operator whose number of sub- lows: (in unclassified form, but with a classified scribers is less than 35,000. At the appropriate place add the following: annex if necessary) that sets forth a detailed (B) A cable operator that operates multiple SEC. : FINDINGS. explanation of the findings made and factors cable systems, but only if the total number The Senate finds that— considered in objecting to the determina- of subscribers of such operator is less than Violence is a pervasive and persistent fea- tion.’’ 400,000 and only with respect to each system ture of the entertainment industry. Accord- On page 49, line 17, insert after the period of the operator that has less than 35,000 sub- ing to the Carnegie Council on Adolescent the following: ‘‘While determining whether scribers. Development, by the age of 18, children will such opportunities are equivalent on that have been exposed to nearly 18,000 televised basis, the Commission shall also conduct an BOXER (AND LEVIN) AMENDMENTS evaluation of opportunities for access to all murders and 800 suicides. NOS. 1354–1355 Violence on television is likely to have a segments of the telecommunications market serious and harmful effect on the emotional of the applicant.’’ (Ordered to lie on the table.) development of young children. The Amer- Mrs. BOXER (for herself and Mr. ican Psychological Association has reported LIEBERMAN AMENDMENTS NOS. LEVIN) submitted two amendments in- that children who watch ‘‘a large number of 1352–1353 tended to be proposed by them to an aggressive programs tend to hold attitudes (Ordered to lie on the table.) amendment to the bill, S. 652, supra; as and values that favor the use of aggression follows: to solve conflicts.’’ The National Institute of Mr. LIEBERMAN submitted two Mental health has stated similarly that ‘‘vi- amendments intended to be proposed AMENDMENT NO. 1354 olence on television does lead to aggressive by him to an amendment to the bill, S. Strike all after ‘‘(d)’’ in the pending behavior by children and teenagers.’’ 652, supra, as follows: amendment and insert the following: PRESERVATION OF BASIC TIER SERVICE.— The Senate recognizes that television vio- AMENDMENT NO. 1352 lence is not the sole cause of violence in so- Section 623 (47 U.S.C. 543) is further amended Strike all after the first word in the pend- ciety. by adding at the end the following: There is a broad recognition in the U.S. ing amendment and insert the following: ‘‘(n) PRESERVATION OF BASIC TIER SERV- At the appropriate place, insert the fol- Congress that the television industry has an ICE.—A cable operator may not cease to fur- lowing new section: obligation to police the content of its own nish as part of its basic service tier any pro- broadcasts to children. That understanding SEC. . DETERMINATION OF REASONABLENESS gramming that is part of such basic service was reflected in the Television Violence Act OF CABLE RATES. tier on January 1, 1995, unless the fran- of 1990, which was specifically designed to (a) COMMISSION CONSIDERATION.—Notwith- chising authority for the franchise area con- permit industry participants to work to- standing any other provision of this Act or cerned approves the action. This provision gether to create a self-monitoring system. section 623(c), as amended by this Act, for shall expire three (3) years after the date of After years of denying that television vio- purposes of section 623(c), the Commission enactment.’’ lence has any detrimental effect, the enter- may only consider a rate for cable program- tainment industry has begun to address the ming services to be unreasonable if it sub- AMENDMENT NO. 1355 problem of television violence. In the Spring stantially exceeds the national average rate At the end of the amendment, add the fol- of 1994, for example, the network and cable for comparable programming services in lowing; ‘‘This provision shall expire three (3) industries announced the appointment of an cable systems subject to effective competi- years after the date of enactment.’’ independent monitoring group to assess the tion. amount of violence on television. These re- (b) RATES OF SMALL CABLE COMPANIES.— (1) IN GENERAL.—Notwithstanding any LEAHY AMENDMENTS NOS. 1356– ports are due out in the Fall of 1995 and Win- 1358 ter of 1996, respectively. other provision of this Act or the amend- The Senate recognizes that self-regulation ments made by this Act, the regulations pre- (Ordered to lie on the table.) by the private sector is generally preferable scribed under section 623(c) shall not apply Mr. LEAHY submitted three amend- to direct regulation by the federal govern- to the rates charged by small cable compa- ments intended to be proposed by him ment. nies for the cable programming services pro- vided by such companies. to an amendment to the bill, S. 652, SEC. : SENSE OF THE SENATE—. (2) DEFINITION.—As used in this subsection, supra; as follows: It is the Sense of the Senate that the en- the term ‘small cable company’ means the AMENDMENT NO. 1356 tertainment industry should do everything following: On page 1, strike line 7 and all that follows possible to limit the amount of violent and (A) A cable operator whose number of sub- aggressive entertainment programming, par- through the end of the amendment and in- scribers is less than 35,000. sert the following: ‘‘amended by section 204 ticularly during the hours when children are (B) A cable operator that operates multiple most likely to be watching. of this Act, for purposes of section 623(c), the cable systems, but only if the total number Commission may only consider a rate for of subscribers of such operator is less than cable programming services to be unreason- EXON (AND OTHERS) AMENDMENT 400,000 and only with respect to each system able if it substantially exceeds the national NO. 1350 of the operator that has less than 35,000 sub- average rate for comparable programming scribers. Mr. PRESSLER (for Mr. EXON, for services in cable systems subject to effective competition. himself, Mr. DORGAN, and Mr. BYRD) AMENDMENT NO. 1353 ‘‘(b) RATES OF SMALL CABLE COMPANIES.— proposed an amendment to the bill, S. At the end of the amendment, add the fol- ‘‘(1) IN GENERAL.—Notwithstanding any 652, supra; as follows: lowing: other provision of this Act or the amend- On page 49, line 15 after ‘‘Government (or At the appropriate place, insert the fol- ments made by this Act, the regulations pre- its representative)’’ add the following: ‘‘pro- lowing new section: scribed under section 623(c) shall not apply

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8288 CONGRESSIONAL RECORD — SENATE June 13, 1995 to the rates charged by small cable compa- ‘‘Notwithstanding any other provisions of The PRESIDING OFFICER. Without nies for the cable programming services pro- this act. objection, it is so ordered. vided by such companies. ‘‘(ii) Except for single-LATA States, a ‘‘(2) DEFINITION.—As used in this sub- State may not require a Bell operating com- COMMITTEE ON ARMED SERVICES section, the term ‘small cable company’ pany to implement toll dialing parity in an Mr. PRESSLER. Mr. President, I ask means the following: intra-LATA area before a Bell operating ‘‘(A) A cable operator whose number of unanimous consent that the Com- company has been granted authority under mittee on Armed Services be author- subscribers in less than 35,000. this subsection to provide inter-LATA serv- ‘‘(B) A cable operator that operates mul- ices in that area or before three years after ized to meet at 10:00 a.m. on Tuesday, tiple cable systems, but only if the total the date of enactment of the Telecommuni- June 13, 1995, in open session, to hold a number of subscribers of such operator is cations Act, whichever is earlier. Nothing in hearing to consider the nomination of less than 400,000 and only with respect to this clause precludes a State from issuing an John White to be Deputy Secretary of each system of the operator that has less order requiring toll dialing parity in an than 35,000 subscribers.’’. Defense. intra-LATA area prior to either such date so The PRESIDING OFFICER. Without AMENDMENT NO. 1357 long as such order does not take effect until after the earlier of either such dates.’’ objection, it is so ordered. On page 1, strike line 7 and all that follows through the end of the amendment and in- COMMITTEE ON COMMERCE, SCIENCE AND sert the following: ‘‘amended by section 204 AMENDMENT NO. 1361 TRANSPORTATION of this Act, for purposes of section 623(c), the In lieu of the matter proposed to be in- Mr. PRESSLER. Mr. President, I ask Commission may only consider a rate for serted, insert the following: unanimous consent that the Com- cable programming services to be unreason- ‘‘(ii) Except for single-LATA States, a able if it substantially exceeds the national State may not require a Bell operating com- mittee on Commerce, Science, and average rate for comparable programming pany to implement toll dialing parity in an Transportation be allowed to meet dur- services in cable systems subject to effective intra-LATA area before a Bell operating ing the Tuesday, June 13, 1995 session competition. company has been granted authority under of the Senate for the purpose of con- ‘‘(b) RATES OF SMALL CABLE COMPANIES.— this subsection to provide inter-LATA serv- ducting a hearing on the nomination of ‘‘(1) IN GENERAL.—Notwithstanding any ices in that area or before three years after Roberta Gross to be Inspector General other provision of this Act or the amend- the date of enactment of the Telecommuni- ments made by this Act, the regulations pre- of NASA and an oversight hearing on cations Act, whichever is earlier. Nothing in NASA’s Mission to Planet Earth pro- scribed under section 623(c) shall not apply this clause precludes a State from issuing an to the rates charged by small cable compa- order requiring toll dialing parity in an gram. nies for the cable programming services pro- intra-LATA area prior to either such date so The PRESIDING OFFICER. Without vided by such companies. long as such order does not take effect until objection, it is so ordered. ‘‘(2) DEFINITION.—As used in this sub- after the earlier of either such dates.’’ section, the term ‘small cable company’ COMMITTEE ON ENERGY AND NATURAL means the following: f RESOURCES ‘‘(A) A cable operator whose number of subscribers in less than 35,000. NOTICE OF HEARING Mr. PRESSLER. Mr. President, I ask ‘‘(B) A cable operator that operates mul- unanimous consent that the Com- COMMITTEE ON ENERGY AND NATURAL RE- tiple cable systems, but only if the total SOURCES AND COMMITTEE ON ENVIRONMENT mittee on Energy and Natural Re- number of subscribers of such operator is AND PUBLIC WORKS sources be granted permission to meet less than 400,000 and only with respect to during the session of the Senate on each system of the operator that has less Mr. MURKOWSKI. Mr. President, than 35,000 subscribers.’’. along with Senator CHAFEE, I would Tuesday, June 13, 1995, for purposes of like to announce for the information of conducting a Full Committee hearing AMENDMENT NO. 1358 the Senate and the public that a hear- which is scheduled to begin at 9:30 a.m. On page 2, strike out line 3 and all that fol- ing has been jointly scheduled before The purpose of this hearing is to re- lows through page 2, line 19, and insert in the Committee on Energy and Natural ceive testimony on S. 755, a bill to lieu thereof the following: Resources and the Committee on Envi- amend the Atomic Energy Act of 1954 (b) RATES OF SMALL CABLE COMPANIES.— to provide for the privatization of the Notwithstanding any other provision of this ronment and Public Works. Act or the amendments made by this Act, The hearing will take place Thurs- United States Enrichment Corporation. the regulations prescribed under section day, June 29, 1995 at 10 a.m. in room The PRESIDING OFFICER. Without 623(c) of the Communications Act of 1934 SD–366 of the Dirksen Senate Office objection, it is so ordered. shall not apply to the rates charged by small Building in Washington, DC. COMMITTEE ON FOREIGN RELATIONS cable companies for the cable programming The purpose of this oversight hearing services provided by such companies. is to receive testimony on the energy Mr. PRESSLER. Mr. President, I ask and environmental implications of the unanimous consent that the Com- BREAUX AMENDMENTS NOS. 1359– Komi oil spills in the former Soviet mittee on Foreign Relations be author- 1361 Union. ized to meet during the session of the (Ordered to lie on the table.) Those wishing to submit written Senate on Tuesday, June 13, 1995, at Mr. BREAUX submitted three statements should write to the Com- 10:00 a.m. amendments intended to be proposed mitted on Energy and Natural Re- The PRESIDING OFFICER. Without by him to an amendment to the bill, S. sources or the Committee on Environ- objection, it is so ordered. 652, supra; as follows: ment and Public Works, U.S. Senate, SUBCOMMITTEE ON EAST ASIAN AND PACIFIC AMENDMENT NO. 1359 Washington, DC 20510. For further in- AFFAIRS At the appropriate place add the following: formation please call Ms. Linda Jordan ‘‘Notwithstanding any other provisions of Mr. PRESSLER. Mr. President, I ask this act. (Committee on Environment and Pub- unanimous consent that the Sub- ‘‘(ii) Except for single-LATA States, a lic Works) at 202–224–6176 or Mr. How- committee on East Asian and Pacific State may not require a Bell operating com- ard Useem (Committee on Energy and Affairs of the Committee on Foreign pany to implement toll dialing parity in an Natural Resources) at 202–224–6567. Relations be authorized to meet during intra-LATA area before a Bell operating company has been granted authority under f the session of the Senate on Tuesday, this subsection to provide inter-LATA serv- AUTHORITY FOR COMMITTEES TO June 13, at 2:00 p.m. ices in that area or before three years after MEET The PRESIDING OFFICER. Without the date of enactment of the Telecommuni- objection, it is so ordered. cations Act, whichever is earlier. Nothing in COMMITTEE ON AGRICULTURE, NUTRITION AND this clause precludes a State from issuing an FORESTRY SUBCOMMITTEE ON SOCIAL SECURITY AND order requiring toll dialing parity in an Mr. PRESSLER. Mr. President, I ask FAMILY POLICY intra-LATA area prior to either such date so unanimous consent that the Com- Mr. PRESSLER. Mr. President, I ask long as such order does not take effect until mittee on Agriculture, Nutrition, and unanimous consent that the Sub- after the earlier of either such dates.’’ Forestry be allowed to meet during the committee on Social Security and AMENDMENT NO. 1360 session of the Senate on Tuesday, June Family Policy of the Committee on Fi- In the amendment, strike all after the first 13, 1995, at 9:30 a.m., in SR–332, to dis- nance be permitted to meet on Tues- word and insert the following: cuss commodity policy. day, June 13, 1995 beginning at 10:00

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8289 a.m. in room SD–215, to conduct a hear- tions of the Joint Declaration, yet the tion to the Gorton amendment No. ing on the business and financial prac- uncritical acceptance of the document 1277, to be followed by a vote on the tices of the American Association of by Great Britain has allowed the Basic motion to invoke cloture on S. 652, Retired Persons. Law to play an insidious role in the with the mandatory live quorum The PRESIDING OFFICER. Without transition to PRC rule. waived. objection, it is so ordered. Great Britain and the PRC have now The PRESIDING OFFICER. Without f agreed that Article 19 of the Basic Law objection, it is so ordered. will define the jurisdiction of Hong f ADDITIONAL STATEMENTS Kong courts. Article 19 provides that ‘‘acts of state such as defence and for- ORDER TO FILE SECOND-DEGREE AMENDMENTS THE AGREEMENT BY GREAT BRIT- eign affairs’’ will be outside the courts’ AIN AND CHINA ON THE ESTAB- jurisdiction. The deliberate ambiguity Mr. COCHRAN. I now ask unanimous LISHMENT OF HONG KONG’S of this formulation leaves the matter consent that notwithstanding the pro- COURT OF FINAL APPEAL up to Beijing which has already as- visions of rule XXII, all Members have signed the power of interpreting the until the hour of 9:30 a.m. in order to ∑ Mr. MACK. Mr. President, the agree- Basic Law to the Standing Committee file second-degree amendments to S. ment reached last week by British and of the National People’s Congress rath- 652. Chinese negotiators for a new Court of er than Hong Kong’s courts. The Basic The PRESIDING OFFICER. Without Final Appeal in Hong Kong is a grave Law’s definition of acts of state now objection, it is so ordered. setback to the rule of law in the terri- endorsed by the British government of tory. The deal violates the 1984 Sino- Hong Kong is vague and will, without a f British Joint Declaration and its guar- doubt, be used by the People’s Republic PROGRAM antees for Hong Kong’s legal system by of China to deny Hong Kong’s courts building on the 1991 secret deal on the Mr. COCHRAN. For the information the ability to hear and adjudicate chal- of my colleagues, there will be three Court, and using the 1990 Basic Law to lenges to the Beijing-appointed govern- make end runs around the Joint Dec- consecutive rollcall votes beginning at ment after 1997. 9:50 tomorrow morning. The third vote laration. In reaching this deal, the Both Britain and the People’s Repub- British side also conceded on the im- in the order is the motion to invoke lic of China made specific and detailed cloture. If cloture is invoked, it is the portant matter of an early establish- commitments to preserving Hong ment of the court to prevent a gap in intention of the majority leader to Kong’s legal system after 1997. In re- stay in session late into the evening on appellate jurisdiction in the colony cent years, China has made its inten- during the transition from London’s Wednesday with votes in order to com- tions regarding those commitments plete action on the bill. Privy Council to the new high court. crystal clear: it will not honor them. Governor Patten claims that it was Britain has been more subtle, styling f worth waiting until July 1, 1997, for the itself as a defender of Hong Kong while ORDER FOR RECESS court to begin its work in exchange for engaging in diplomatic backsliding. an agreement. But this is really just Great Britain’s failure to meet its Mr. COCHRAN. If there be no further postponement of a bad deal. commitments regarding the rule of law business to come before the Senate, I Under the Joint Declaration, Hong will irreparably damage its historical now ask unanimous consent that the Kong’s courts are vested with the judi- legacy in the colony. I hope that in Senate stand in recess under the pre- cial power, including the power of final light of the strong criticism and con- vious order following the remarks of adjudication. Also, under the Joint cern that have been expressed at the Senator SANTORUM. Declaration, judicial independence is announcement of this deal, Great Brit- The PRESIDING OFFICER. Without explicitly guaranteed, and the elected ain will revise its legislation on the objection, it is so ordered. legislature must confirm appointments Court of Final Appeal to make it con- Mr. SANTORUM addressed the Chair. to the Court of Final Appeal. Each of sistent with the Joint Declaration. The PRESIDING OFFICER. The Sen- these explicit promises made in the Furthermore, Great Britain and the ator from Pennsylvania. Joint Declaration, signed in 1984 by Hong Kong government should move Mr. SANTORUM. I thank the Chair. I Margaret Thatcher and Zhao Ziyang, is with speed and conviction to repeal co- appreciate the Senator from Mis- expressly violated in last week’s deal. lonial laws and establish an official sissippi providing this time for me. I would like to address one aspect of human rights commission.∑ f the deal specifically—the provision f under which Hong Kong’s courts will, THE PRESIDENT’S BALANCED after 1997, be prevented from hearing ORDERS FOR WEDNESDAY, JUNE BUDGET and adjudicating matters known as 14, 1995 Mr. SANTORUM. I rise to keep vigil ‘‘acts of state.’’ I specifically wish to Mr. COCHRAN. Mr. President, at the with the President on his plans to in- address this because British and Hong request of the majority leader, I ask troduce a balanced budget under the Kong government officials are quietly unanimous consent that when the Sen- same circumstances that we had to in advising that the act of state doctrine ate completes its business today, it the Senate, with precise cuts, precise is extremely complicated and arcane. stand in recess until the hour of 9 a.m. reductions in the rate of growth in In effect, they are saying: ‘‘Don’t try on Wednesday, June 14, 1995; that fol- some programs, changes in the tax law and understand it.’’ That is offensive. lowing the prayer the Journal of pro- that would get us to a balanced budget. The ‘‘acts of state’’ doctrine is not ceedings be deemed approved to date, Just a few minutes ago, the Presi- difficult to understand. In the common the time for the two leaders be re- dent concluded what he termed —this law, it is a well-known and narrow cat- served for their use later in the day, is from the White House press release— egory involving actions by one sov- and there then be a period for morning The President’s Economic Plan: A Bal- ereign vis-a` -vis another, such as a dec- business until the hour of 9:30 a.m., anced Budget That Puts People First. laration of war, or a treaty. The last with the 30 minutes equally divided be- He just concluded a minute or two such case arose in Hong Kong in 1947. tween Senators MACK and BRADLEY; ago. Obviously, I was here on the Sen- Under the terms of the agreement, further, that at the hour of 9:30 a.m. ate floor. I was not able to see the ac- Hong Kong’s courts will be restricted the Senate resume consideration of S. tual address, but I have before me—I from adjudicating ‘‘acts of state’’ as 652, the telecommunications bill, and feel like Johnny Carson—I have before defined in the Basic Law of the Hong there be 20 minutes for debate on the me the actual press release that out- Kong Special Administrative Region. Feinstein amendment to be equally di- lines how he is going to get to a bal- Beijing passed the Basic Law, often re- vided in the usual form, to be followed anced budget over 10 years. Now, it is ferred to as the colony’s post-1997 con- immediately by a vote on or in relation interesting that he is going to take it stitution in 1990. The Basic Law con- to the Feinstein amendment No. 1270, over a 10-year period. You would think tains numerous and substantial viola- to be followed by a vote on or in rela- that balancing the budget over a 10-

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8290 CONGRESSIONAL RECORD — SENATE June 13, 1995 year period would make it easier to Then he goes on and talks about pro- search and selected investments in the balance the budget in the longer time tecting investment in education and environment and other areas, domestic to do it. That is not the case, however. training. That is paragraph 2 here in discretionary spending is cut by over 20 Because of the demographic trends in his press release. And he says, ‘‘The percent in real terms near the end of our society and the entitlement nature President’s plan puts people first by the plan—near the end of the plan. of a lot of Government programs we preserving investments in education So what he is suggesting is that over have, spending actually kicks up high- and training, with significant increases 10 years, we will take the number of er and goes up faster in the years 2003, in Head Start, Goals 2000, AmeriCorps, about, I think it is, $270 billion today is 2004, and 2005, those last 3 years of the student aid, a new GI bill of rights for what we spend on discretionary spend- 10-year budget, and therefore it is actu- workers that increases training ing overall. Obviously, a chunk of that ally harder to get to a balanced budget through skill grants, and a $10,000 edu- is education and other things he says is over a 10-year period. In fact, while it cation tax deduction.’’ taken off the sheet and says we are not takes under our proposal here that Now, there is nothing in here that re- going to cut that. I do not know how passed the Senate roughly $1.2 trillion duces the deficit. In fact, everything in much that is. I am working off the in spending cuts and interest savings here increases the deficit and increases back of an envelope here. You might to get to a balanced budget in 7 years, spending. We do not know how much, not be able to tell that. it takes about $1.6 trillion in spending though. He does not tell us exactly how cuts and interest savings to get to a much. All we know is that there are in- We have a number less than $270 bil- balanced budget over 10 years. So of creases in spending in the President’s lion that he is going to reduce by 20 this $1.6 trillion, what does the Presi- budget that look to be, with a $10,000 percent over 10 years. So we are going dent come up with? Well, here are the education tax deduction, potentially a to get from $270 billion roughly down specifics. significant amount of money, but again to $215 billion over 10 years. And before I put this number up, we we do not know, we do not know The Republicans, in their budget, I have had 25 days, counting yesterday, whether any of these are new entitle- think, get down to over 7 years about 25 days with no proposal to balance the ments and how they will grow in the $225 billion. So they only take it down budget from President Clinton. Now, next 10 years. But we do see, I suggest, a little more than where the Repub- we are waiting to see whether I have to significant increases here, but we can- licans already had it, which is not a put 26 up or whether the proposal put not account for those. substantial savings. I do not know how forward by the President tonight meets Next is a tax cut targeted only to they do that. I would suspect you are the straight-face test, whether the working families. Again, no deficit re- going to see savings generally in the President actually has put forward a duction here. We are talking about the area of around $75 billion overall. So budget that accomplishes balance. This President’s middle-income tax cut we will give him that amount of money is the operative word—balance the which he has proposed, which is the roughly, although we do not know the budget, not plan for economic future, education deduction, tax credit for specifics. I think that is a generous al- not Putting People First but balance children and expanded IRA’s. location. the budget in 10 years. Under the President’s original pro- So we are going to withhold judg- posal when he proposed his budget in Finally, defense outlays in the Presi- ment for now as to whether the Presi- February, that plan cost about $65 bil- dent’s plan are above both the House dent with the specifics he has offered lion over 5 years. Over 10 years, that and Senate levels. Let me repeat that. tonight balances the budget. That is number, you would think, would be Defense outlays in the President’s plan not to say that once he releases his double that but, in fact, because of the are above both the House and Senate document, which I am sure they are way it is back-end loaded—he back-end levels in fiscal year 2002. So he is talk- working on feverishly over at the loads that tax cut—it is actually dra- ing about higher defense spending than White House, once they release this matically more. We do not have a score what we passed here. Yet, savings are document and have all the specifics in on that, but I suspect it is at least achieved by keeping budget authority down that we will not give the Presi- $150 billion, or more, in costs. constant from 2002 to 2005. In other dent credit, but all we have is the in- So on the one side you have $130 bil- words, we are going to spend more formation presented to us at this time, lion—try to keep this in your mind—on money the first 7 years but less money and since the Senate is recessing we Medicare, $55 billion on Medicaid, and the last 3 years, and that will offset the have to go only by the information on the other side you have a question- spending here. that the President provided us. So we able amount of money on education What it sounds like is defense is a will hold 26 here for a minute. and about $150 billion plus in tax cuts. wash. In other words, we are not going Here is what the President has pro- OK? This is not exactly the straight to spend any more or less; there is no vided in his plan. First steps toward road to a balanced budget, but we are real reduction in spending in defense. health care reform while strengthening not done yet. So how do these numbers add up, be- the Medicare trust fund—strength- No. 3, components of savings for the cause that is it, there are no more spe- ening, not solving the problems with balanced budget. Here is where we real- cifics on how the President gets to a the Medicare trust fund. The Presi- ly get down to the brass tacks and get balanced budget. dent’s plan calls for half the Medicare serious about balancing the budget. He I remind you, going back to the be- savings of the Republican plans ($130 restates his Medicare and Medicaid ginning of this talk, the President, in billion). savings. I hope he does not count them order to balance the budget, has to For those of you who do not have cal- twice because they appear twice in this come up with spending cuts and inter- culators at home, do not worry. I will document, but they are here for repeti- est savings that total $1.6 trillion over in fact be keeping track of the savings tion sake. Welfare reform has savings 10 years, and they have to be scored by here, and I will make sure we add them of $35 billion—$35 billion. That now someone other than someone who is up and we do get the numbers the goes on the cut side, and we add that to working for the Democratic National President needs to balance the budget. the $130 billion and $55 billion. By the Committee, someone who is inde- So it is $130 billion in savings for the way, that is half of what the Repub- pendent, like the Congressional Budget President for Medicare cuts, but there licans have proposed in the budget res- Office, to look at this and score it as to would be no beneficiary cuts. He does olution that passed the Senate. not explain how he does that, but he Corporate contributions of $25 billion whether these are real: $1.6 trillion, suggests that he can do it without cut- over 7 years through a bipartisan effort specified cuts in the Clinton bill—spec- ting beneficiaries. Fine, $130 billion in to close corporate loopholes, special in- ified—$245 billion out of $1.6 trillion, deficit reduction. terest tax breaks and unwarranted cor- $245 billion are specified. Second is $55 billion in Medicaid porate subsidies. OK, that is another Another $75 billion, I figured out, in cuts. Again, that is a third of the level $25 billion on the tax-increase side, but discretionary spending could be cut. of what the Republicans proposed in deficit reduction side. That is a rough estimate. So we will our budgets. That is $55 billion plus Now we go to the last page of these give the President the benefit of the $130 billion for the President. three pages. Other than education, re- doubt of $315 billion in spending cuts

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — SENATE S8291 and offset that with at least $150 bil- know where the President is when it Mr. President, the point is this: We lion in increases because of his tax cut, comes to putting forth measures to can go through this process over the which gives you a net of about $165 bil- balance this budget. next 7 or 8 weeks or months and score lion. And so while there are many other our political points one on the other, Tonight, the President of the United things I would like to do at 9:20 in the and maybe one party or the other will States went on national television for 5 evening than come and talk about the prevail in the elections of November minutes with a plan that he sub- President and his inability to lead this 1996, but if at the end of all of that we mitted—here—to all of us and gave us country, I will continue to come back have not really done what the Amer- a little cheat sheet on what he was until I get the specifics of how the ican public has asked us to do, then going to talk about that cuts 10 per- President is going to put forward a one party or one candidate or another cent of what he needs to get to a bal- plan to lead this country into the fu- may be successful, but the country will anced budget over 10 years—10 percent. ture. And to date, day 26, the President be that much worse off 9 or 10 months He puts forward 10 percent of the cuts is still absent without leadership, and from tonight. he needs to balance the budget over 10 has still refused to come to the table. So I rise to commend the President years. Mr. President, I yield the floor. for offering a proposal, laying one on I do not know if that meets the The PRESIDING OFFICER. Under a the table which is different than what straight-face test. I do not think it previous order, the Senate would have was passed in the House and the Sen- does. I think when the President of the stood in recess until 9 a.m. on June 14. ate, but does lay out some options for United States comes and says he is Does the Senator from Connecticut rise us to consider; hopefully, for some going to present an economic plan to to ask unanimous consent to speak? common ground to come around the Mr. DODD. Mr. President, I do. I ask balance the budget over 10 years, then issue of how we reduce this deficit and unanimous consent that I may be able comes before the American public on do so in a balanced and fair way so that national TV, which the Vice President to proceed for 5 minutes. The PRESIDING OFFICER. Without the country moves forward. was able to ascertain for him, and then Deficit reduction is a critically im- objection, it is so ordered. comes up with only 10 percent of the portant issue. But the wealth of this cuts necessary to get to a balanced f Nation is not merely tied to just deficit budget, I am not too sure that this SUCCESSFUL EFFORTS AT reduction. It is also the investments we number ‘‘6’’ does not belong up on that DEFICIT REDUCTION make. It is also the pace at which we board. I am not too sure that the Presi- Mr. DODD. Mr. President, I did not achieve that deficit reduction. dent has come to the table yet with a intend to come on over to the floor, but Who pays in the process for trying to serious plan that scores as a balanced I wanted to respond to some of the achieve that goal? The President this budget. comments I heard being made about evening laid out a 10-year proposal Certainly, the details that he has of- the President’s brief remarks this rather than a 7-year proposal. He offers fered and the notes that have been hap- evening on national television and the to cut Medicare by one-third the cuts hazardly slipped to me by my staff as majority leader’s remarks which fol- that have been proposed by the budget he listened to his speech certainly do lowed the President’s comments, the that was adopted in this body and the not give me any further indication, any distinguished Senator from Kansas, other. He does so by suggesting that further specifics about how the Presi- Senator DOLE. those cuts could come not from the dent accomplishes this goal. But to I know it is not typical at this kind beneficiaries but from providers and come forward on national television— of a moment to want to commend, I others. on national television—saying he is suppose, the leadership, but I want to I have my concerns about it, but I see going to balance the budget and come do so. I thought the President gave a it as a more moderate proposal as we forward with 10 percent, that is an in- very fine speech this evening, and I try and beef up and shore up the Medi- sult. It is an insult. It is an insult to want to commend the majority leader care trust fund. all of us who sit there and work hard to for his remarks. The President has offered a tax cut. try to make this happen, and it does One thing that is clear to me is that I, frankly, would not have any tax cuts not do much to elevate the stature of people in this country would like to see over the next several years. I think, the President’s office. the people in this town put aside the frankly, deficit reduction is a far more If you are going to come to the partisan bickering and try to come up important goal. Incorporating the tax American public, if you are going to with some answers to a problem that cuts in that mix, I think, is unwise. say you will play straight, if you are has been growing over the last 15 or 16 But the President’s tax cut proposal going to be specific on how to do it, do years. is some $66 billion over 7 years, rather not try to finesse them again. Someone This President arrived in this town 30 than something between $250 and $300 is watching. Someone is going to pay months ago, having served as the Gov- billion over the same period. His tax attention to the details, and you are ernor of a State, not unlike the Pre- cuts go toward middle-income people not going to be able to keep fudging siding Officer tonight in the Senate, in this country, particularly those with the fact that you are not coming for- and was not a party to the events children and those who have children ward with the tough decisions. And which unfolded beginning in early 1980. of college age, to try and defer, or at stretching it out over 10 years, you will I noted earlier that this President for least lessen some of those costs. find, does not make it any easier. 30 months now has made a significant The President also suggests that we So tonight I have to put up number effort, and a successful one, in deficit can do this, achieve this balanced ‘‘6.’’ Five-minute speeches on national reduction. For the first time in many, budget, in 10 years, by cutting some 20 television do not count. Facts, spe- many years, going back to the Truman percent out of the existing programs. cifics, documents, vision, plans count. administration, we have now had 3 That, I am sure, will be a tremendous All of those were in the Senate-passed years of significant deficit reduction, battle here over the coming months. budget resolution, every one of them. $600 billion. We still have a long way to However, he has put a proposal on They changed the dynamics of Govern- go to achieve that goal. the table. He has extended the hand. He ment. They provided vision of how we I looked at the candidates running is not a Member of Congress. He is not are going to challenge the problems, to for the Presidency, the announced can- the head of the political party. He is take those challenges on in the future. didates, and I am looking at 100 years not a Governor. He is the President of We solve the Medicare trust fund prob- collectively of experience in this town. our country. He will be so until Janu- lem. The President does not do any of Some go back to 1960; many go back to ary 20, 1997, if he is not reelected. those things. He felt the pressure. the 1970’s. They were here as this The President is leading. He is offer- I do not know whether he started off mountain of debt was accumulated. So ing all—Republicans and Democrats in his speech saying, ‘‘Here I am,’’ in re- to point an accusing finger at this this body—an opportunity to put aside sponse to my talks on the Senate floor, President as if somehow it was his that bickering, to put aside that name- but if he did, he came up short. He, in fault for what has happened over the calling, and to come to the table and fact, is not found yet. We still do not last 15 or 16 years I think is unfair. deal with America’s problems.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8292 CONGRESSIONAL RECORD — SENATE June 13, 1995 People in this country do not wake There being no objection, the Senate, NAVAL RESERVE, PURSUANT TO TITLE 10, UNITED STATES CODE, SECTION 12203. up in the morning thinking of them- at 9:28 p.m., recessed until Wednesday, JAMES D. TALLEY, 000–00–0000 selves as Democrats or Republicans, June 14, 1995, at 9 a.m. THE FOLLOWING-NAMED U.S. NAVY OFFICERS TO BE conservatives or liberals. They get up f APPOINTED COMMANDER IN THE MEDICAL CORPS OF in the morning and think of themselves THE U.S. NAVAL RESERVE, PURSUANT TO TITLE 10, NOMINATIONS UNITED STATES CODE, SECTION 12203: in terms of the problems they face— JOHN H. EDMUNDS, 000–00–0000 their jobs, their kids’ education, their Executive nominations received by OLEH HALUSZKA, 000–00–0000 health care. Those are things that the Senate June 13, 1995: DAVID L. WILKEY, 000–00–0000 most Americans worry about—not the DEPARTMENT OF JUSTICE THE FOLLOWING-NAMED U.S. NAVY OFFICER TO BE AP- POINTED COMMANDER IN THE LINE OF THE U.S. NAVAL process in Washington. EDWARD SCOTT BLAIR, OF TENNESSEE, TO BE U.S. RESERVE, PURSUANT TO TITLE 10, UNITED STATES MARSHAL FOR THE MIDDLE DISTRICT OF TENNESSEE CODE, SECTION 12203: They would like to see those Mem- FOR THE TERM OF 4 YEARS, VICE CHARLES F. GOGGIN III. JOSEPH M. MARLOWE, 000–00–0000 bers elected to office to try and put DEPARTMENT OF STATE IN THE AIR FORCE aside some of that political campaign MICHAEL WILLIAM COTTER, OF THE DISTRICT OF CO- rhetoric, at least for a time, and wres- LUMBIA, A CAREER MEMBER OF THE SENIOR FOREIGN THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED SERVICE, CLASS OF COUNSELOR, TO BE AMBASSADOR STATES OFFICERS FOR PROMOTION IN THE RESERVE OF tle with their problem. EXTRAORDINARY AND PLENIPOTENTIARY OF THE THE AIR FORCE UNDER THE PROVISIONS OF SECTIONS The President has put an offer on the UNITED STATES OF AMERICA TO THE REPUBLIC OF 12203 AND 8379, TITLE 10 OF THE UNITED STATES CODE. TURKMENISTAN. PROMOTIONS MADE UNDER SECTION 8379 AND CON- table, and BOB DOLE, to his credit, I JAMES E. GOODBY, OF THE DISTRICT OF COLUMBIA, FIRMED BY THE SENATE UNDER SECTION 12203 SHALL think, has extended up to that offer, FOR THE RANK OF AMBASSADOR DURING HIS TENURE OF BEAR AN EFFECTIVE DATE ESTABLISHED IN ACCORD- SERVICE AS PRINCIPAL NEGOTIATOR AND SPECIAL REP- ANCE WITH SECTION 8374, TITLE 10 OF THE UNITED and has suggested that we might come RESENTATIVE OF THE PRESIDENT FOR NUCLEAR SAFE- STATES CODE. together here and work out these dif- TY AND DISMANTLEMENT. LINE ferences. VICTOR JACKOVICH, OF IOWA, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- To be lieutenant colonel I think the country was well served COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND by both comments tonight, by the PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA MAJ. GAYLE W. BOTLEY, 000–00–0000 TO THE REPUBLIC OF SLOVENIA. MAJ. STEPHEN D. COTTER, 000–00–0000 President’s speech and by the majority A. ELIZABETH JONES, OF MARYLAND, A CAREER MEM- MAJ. NINA S. GREELEY, 000–00–0000 leader’s response. BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- MAJ. KENNETH M. HATCHER, 000–00–0000 ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- MAJ. GARY T. MAGONIGLE, 000–00–0000 I think all in this body have an op- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES MAJ. CHARLES W. MANLEY II, 000–00–0000 OF AMERICA TO THE REPUBLIC OF KAZAKHSTAN. MAJ. MICHAEL J. MC DONALD, 000–00–0000 portunity now to reach that judgment JOHN RAYMOND MALOTT, OF VIRGINIA, A CAREER MAJ. PETER W. PALFREYMAN, 000–00–0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF of history and to step forward and try MAJ. RONNIE W. PERRY, 000–00–0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- MAJ. JAMES V. QUEEN, 000–00–0000 to solve this problem. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES MAJ. JUSTE R. SANCHEZ, 000–00–0000 OF AMERICA TO MALAYSIA. Stop pointing the fingers. Stop the MAJ. SAM E. THOMAS, JR., 000–00–0000 JOHN K. MENZIES, OF VIRGINIA, A CAREER MEMBER OF MAJ. VICTOR L. THREATT, 000–00–0000 accusing and name calling. Let Mem- THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, MAJ. CHARLES C. VADEN, JR., 000–00–0000 TO BE AMBASSADOR EXTRAORDINARY AND PLENI- bers go to work on the problems that MAJ. NORMA E. WELSH, 000–00–0000 POTENTIARY OF THE UNITED STATES OF AMERICA TO MAJ. WOODIE P. WHITE, JR., 000–00–0000 we will all be judged, historically, as to THE REPUBLIC OF BOSNIA AND HERZEGOVINA. whether or not we have the courage to KENNETH MICHAEL QUINN, OF IOWA, A CAREER MEM- CHAPLAIN CORPS BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- meet the challenge. ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- To be lietenant colonel I thank Members for the opportunity DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO CAMBODIA. MAJ. ROBERT C. NORTON, 000–00–0000 to share these few short comments. JOHN TODD STEWART, OF CALIFORNIA, A CAREER MAJ. STEPHEN R. SUTTON, 000–00–0000 Mr. SANTORUM. Mr. President, I MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MAJ. LARRY E. WRIGHT, 000–00–0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- ask unanimous consent we vitiate the DINARY AND PLENIPOTENTIARY OF THE UNITED STATES NURSE CORPS previous order for the Senate to be in OF AMERICA TO THE REPUBLIC OF MOLDOVA. To be lieutenant colonel IN THE NAVY recess. MAJ. CHERIE L. FITZPATRICK, 000–00–0000 The PRESIDING OFFICER. Without THE FOLLOWING-NAMED NAVY OFFICERS TO BE AP- MAJ. STEPHEN S. FLOWERS, 000–00–0000 POINTED PERMANENT LIEUTENANT IN THE JUDGE AD- MAJ. JON E. ROGERS, 000–00–0000 objection, it is so ordered. VOCATE GENERAL CORPS OF THE U.S. NAVY, PURSUANT f TO TITLE 10, UNITED STATES CODE, SECTION 531: LAWRENCE D. HILL, JR., 000–00–0000 f UNANIMOUS CONSENT AGREE- BARBARA S. HUNDLEY, 000–00–0000 KRISTIN E. KEIDEL, 000–00–0000 MENT—AMENDMENT NO. 1351 BRIAN H. SULLIVAN, 000–00–0000 CONFIRMATIONS Mr. SANTORUM. Mr. President, I THE FOLLOWING-NAMED DISTINGUISHED NAVAL GRADUATES TO BE APPOINTED PERMANENT ENSIGN IN Executive nominations confirmed by ask unanimous consent that the Press- THE LINE OR STAFF CORPS OF THE U.S. NAVY, PURSU- the Senate June 13, 1995: ler amendment numbered 1351 be in ANT TO TITLE 10, UNITED STATES CODE, SECTION 531: DEPARTMENT OF THE TREASURY order. STEWART L. BATESHANSKY, 000–00–0000 BRIAN C. BLUE, 000–00–0000 JOHN D. HAWKE, JR., OF NEW YORK, TO BE UNDER SEC- The PRESIDING OFFICER. Without JAMES H. BOLIN, 000–00–0000 RETARY OF THE TREASURY. objection, it is so ordered. MATTHEW S. BURTON, 000–00–0000 LINDA LEE ROBERTSON, OF OKLAHOMA, TO BE A DEP- MICHAEL S. FABEL, 000–00–0000 UTY UNDER SECRETARY OF THE TREASURY. f CHRISTOPHER HEWLETT, 000–00–0000 THE ABOVE NOMINATIONS WERE APPROVED SUBJECT CHARLES T. HUBBARD, 000–00–0000 TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- RECESS UNTIL 9 A.M. TOMORROW CHARLES B. JOHNSTON, 000–00–0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY TREVOR L. MILLWARD, 000–00–0000 CONSTITUTED COMMITTEE OF THE SENATE. Mr. SANTORUM. Mr. President, I PATRICK L. PFANZ, 000–00–0000 LAWRENCE E. SHAFFIELD, 000–00–0000 U.S. POSTAL SERVICE now ask unanimous consent that the AMY M. WINTHEISER, 000–00–0000 Senate stand in recess under the pre- ROBERT F. RIDER, OF DELAWARE, TO BE A GOVERNOR THE FOLLOWING-NAMED U.S. NAVY OFFICER TO BE AP- OF THE U.S. POSTAL SERVICE FOR THE TERM EXPIRING vious order. POINTED CAPTAIN IN THE MEDICAL CORPS OF THE U.S. DECEMBER 8, 2004.

VerDate Aug 31 2005 05:38 May 28, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 0624 Sfmt 9801 J:\ODA15\1995_F~1\S13JN5.REC S13JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 13, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1227 EXTENSIONS OF REMARKS

TRIBUTE TO DANIEL D. CANTOR Mr. Speaker, in a rural area like the 22d dis- Department. The Bridgehampton Fire Depart- trict of New York, fire protection is often solely ment has established itself as one of the best HON. PETER DEUTSCH in the hands of these volunteer companies. In department in New York and has achieved an OF FLORIDA New York State alone they save countless impeccable record. IN THE HOUSE OF REPRESENTATIVES lives and billions of dollars worth of property. If one examines the Bridgehampton Fire De- Tuesday, June 13, 1995 This is why the efforts of people like those fire partment, it comes as no surprise that they fighters in Freehold, NY, is so critical. have been successfully fighting fires for 100 Mr. DEUTSCH. Mr. Speaker, I rise today to This fire company was established in 1945 years. With the leadership of Commissioner honor Daniel D. Cantor, who is being honored by a group of people concerned with the safe- Howell H. Topping, this fire department has June 14, 1995 by the Joint Commission on the ty of their neighbors in Freehold. Originally, played a very active role in the life of the American promenade in Israel for his out- the village was under the jurisdiction of the Southampton community. Commissioner Top- standing contributions in fostering and sustain- East Durham volunteer fire company, how- ping possesses all of the traits that a town ing favorable relations between the State of Is- ever, it became apparent that their territory could possibly desire in its fire commissioner, rael and the United States. was too large to adequately service Freehold. such as superb leadership and concern for the Mr. Cantor was chosen for this honor be- Therefore, a group of concerned residents community and its citizens. The cause of his appointment as the founding fa- took it upon themselves to form their own fire Bridgehampton Fire Department consists of ther from Florida to the State of Israel of the company to protect local citizens. This, Mr. more than 100 volunteer firefighters and no American-Israel Promenade. The American Speaker, is the true spirit of volunteerism career firefighters, offering further evidence of Promenade in Israel is a further tribute to the which made our Nation what it is today. It is their dedication and commitment to the com- continuing friendship between our two coun- tribute to this uniquely American concept that munity of Southampton. tries. To be built at the gateway to Jerusalem, the Freehold Fire Company has continued to On Saturday, June 17, 1995, the the Promenade will consist of 50 marble, 20- ensure the safety of their neighbors for 50 Bridgehampton Fire Department will celebrate foot-high monuments bearing the flags of and years now. its 100th anniversary, and Mr. Speaker I ask the official seals of the 50 States as well as Aside from providing fire protection, the that you and the rest of the House join me in the United States-Israel Friendship Botanical Freehold Fire Company and its members have congratulating the fire department on achiev- Garden featuring Biblical and State trees, flow- become an integral part of the community over ing this momentous feat. This is a much de- ers and wildflowers. Mr. Cantor provided the the years. They have steadily been able to im- served celebration and I wish them all the best leadership to bring about this significant ges- prove their facilities in order to host various on their day of glory. These men and women ture. dinners and activities. By renovating their truly are the heroes of our day. They give of Mr. Cantor served in the U.S. Navy in 1942 meeting hall, the Freehold Fire Company themselves to the community because of the immediately following graduation from New cohosted the 86th annual Greene County Vol- love and pride they all share for their town. York Law School. Following his service in the unteer Firemen's Convention in 1974. Further- I hope that each resident of Southampton Navy, Mr. Cantor went on to become a suc- more, the grounds have been the site of the would, if they are able, to express the debt of cessful builder and developer and operator of Freehold little league baseball field since gratitude that they owe the Bridgehampton shopping centers and homes for the aged in 1975, providing countless youngsters the in- Fire Department. They have certainly earned Florida and New York. valuable experience of being part of a team it. In addition to the American Promenade, Mr. and representing their community. Finally, in Cantor has remained active in Jewish organi- f 1986, the fire company built a new equipment zations in south Florida. He is the president building which effectively doubled their equip- TRIBUTE TO HENRY T. NACRELLI and chairman of Israeli Bonds of Greater Fort ment and office space. Lauderdale and a life vice president and past For all their extraordinary service and campaign chairman of the Jewish Federation HON. CURT WELDON growth, it is clear we owe the members of the of Fort Lauderdale. He is also the president OF PENNSYLVANIA Freehold Volunteer Fire Company an extreme and founder of the Daniel D. Cantor Senior IN THE HOUSE OF REPRESENTATIVES debt of gratitude. This Saturday, June 17th, Center in Sunrise, FL, and chairman of the the community will have the opportunity to ex- Tuesday, June 13, 1995 Daniel D. Cantor Charitable Foundation. Mr. WELDON of Pennsylvania. Mr. Speaker, Again, I salute Daniel D. Cantor for his life- press their gratitude at an open house. Now, I rise today to commend and pay tribute to time dedication to his community. He is emi- Mr. Speaker, I ask you and all Members to Henry T. Nacrelli, superintendent of schools in nently worthy of the honor being bestowed rise with me and pay tribute to the efforts of the Rose Tree Media School District and a upon him. those who comprise the history of the Free- hold Volunteer Fire Department. May they constituent from Broomall, PA. f continue to serve the Freehold community for When Hank Nacrelli retires on June 30, FREEHOLD FIRE COMPANY CELE- another 50 years and beyond. 1995, he will come to the close of a highly dis- BRATES 50 YEARS OF FIGHTING f tinguished career in the field of education. FIRES Hank began his life-long teaching career in CONGRATULATIONS TO THE 1961 at Media High School, my alma mater, HON. GERALD B.H. SOLOMON BRIDGEHAMPTON FIRE DEPART- where he also served as head football coach MENT and athletic director, inspiring students in and OF NEW YORK out of the classroom. He later served as the IN THE HOUSE OF REPRESENTATIVES school district's Federal program director and Tuesday, June 13, 1995 HON. MICHAEL P. FORBES OF NEW YORK wrote its first chapter I program. He then went Mr. SOLOMON. Mr. Speaker, anyone who IN THE HOUSE OF REPRESENTATIVES on to serve as a guidance counselor, principal visits my office can't help but notice the dis- of both Media and Springton Lake Junior High play of fire helmets that dominates my recep- Tuesday, June 13, 1995 Schools, and assistant superintendent. In tion area. They're there for two reasons. First, Mr. FORBES. Mr. Speaker, I rise today to 1981, Hank was appointed to his current posi- I had the privilege of being a volunteer fireman congratulate the Bridgehampton Fire Depart- tion as superintendent of schools. in my hometown of Queensbury for more than ment for 100 years of excellent service to the Under his careful guidance as superintend- 20 years, which helps explain the second rea- people of the town of Southampton and par- ent, Rose Tree Media schools have been rec- son, the tremendous respect that experience ticularly the people of Bridgehampton. The ognized for excellence on both State and na- gave me for those who provide fire protection residents of Southampton are very fortunate to tional levels. The Pennsylvania Department of in our rural areas. have such a well trained and dedicated Fire Education has also commended the school

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 1228 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 1995 district for maintaining consistently high stu- guished Floridian, Mr. David McIntosh, of ueduct system as previously authorized in dent achievement on statewide assessment West Palm Beach, FL. Mr. McIntosh was in- section 210 of the Central Utah Project Com- tests. ducted into the University of Florida Athletic pletion Act. These honors bestowed upon the Rose Hall of Fame on April 7, 1995, as a distin- The bill does not call for any new Federal Tree Media School District stem from Hank's guished letterman. Mr. McIntosh was a quar- spending. The title to the facilities will remain ingenuity and dedication to the school system. terback for the Gators from 1964 through with the United States of America. I am in- To enhance the education of the entire com- 1967. formed by the district's bond counsel that the munity, Hank developed the ``RTM Chal- According to the Hall of Fame Criteria, a prepayment of these Federal contracts could lenge,'' a program to promote recreational distinguished letterman is a letter-winner hon- in fact result in as much as a $200 million reading for not only students, but for staff and ored for major contributions to the university payment to the Federal Treasury. parents, as well. athletic programs through the investment of The successful implementation of this Throughout his long and admirable career, personal time, effort, and interest for many amendment will be beneficial financially to Hank Nacrelli has brought an extraordinary years, for distinguished service to and both the Federal Government and the local level of commitment to the positions he has achievement in local, State, and national civic water district. held. He has helped mold the lives of thou- and charitable causes and for distinguished f sands of young people, providing students career achievements. with a positive educational experience as a Mr. McIntosh has served in many capacities U.S. CONGRESSIONAL SUPPORT community leader. Under his leadership, the at the University of Florida. He is in his 5th FOR THE LAO AND HMONG VET- Rose Tree Media School District has met the year as a member of the board of directors of ERANS COMMEMORATION CERE- multitude of challenges facing education the University Athletic Association, its vice MONY IN FRESNO, CA, MARKING today. As a result, he has earned the utmost president, a member of its finance committee, THE 20TH ANNIVERSARY OF THE respect of students, staff, parents, and the rest and the chair of its audit committee. Mr. FALL OF SOUTHEAST ASIA TO of the community. McIntosh is a past president of the University COMMUNISM As a former teacher, I have great respect of Florida National Alumni Association. He has for men and women who dedicate their lives been a member of the board of directors of to the education of America's children. Mr. HON. GEORGE P. RADANOVICH the University of Florida Foundation for many OF CALIFORNIA Speaker, please join me in congratulating years, serving as chair for four of its commit- Henry T. Nacrelli for his leadership and dedi- IN THE HOUSE OF REPRESENTATIVES tees: investments, budget, audit, and strategic cation to education, and in wishing him much Tuesday, June 13, 1995 planning. He is a past member of the board of happiness in his retirement. His guidance will directors of Gator boosters. He serves on the Mr. RADANOVICH. Mr. Speaker, on May 6 certainly be missed, but his legacy will long College of Business executive advisory board in my congressional district in Fresno an im- endure. and previously served on the advisory board portant air show and dinner conference was f to the School of Accounting and on the Col- held by the Lao Veterans of America organiza- TRIBUTE TO WILLIAM M. COUCH lege's Real Estate Advisory Board. He also tion to mark the 20th anniversary of the fall of served as the cochair of the major gifts com- South Vietnam and other Indochina nations to HON. PAUL E. GILLMOR mittee for the College of Business during the Communist aggression. University's Campaign for Excellence. Present at the air show from the Fresno OF OHIO area and from across the United States were IN THE HOUSE OF REPRESENTATIVES Mr. McIntosh has been very active in other capacities as well. He has served Palm Beach thousands of Hmong and Lao combat veter- Tuesday, June 13, 1995 County as president of the United Way, the ans of the Vietnam war as well as their fami- Mr. GILLMOR. Mr. Speaker, I would like to YMCA, the science museum, the Forum Club, lies. Also in attendance were many important take this opportunity to recognize an excep- and other organizations, as well as taking an individuals and officials including: Maj. Gen. tional young man from my district who has re- active role in many other civic, charitable, and Vang Pao, former commander of Military Re- cently accepted his appointment as a member governmental causes on the local, State, and gion II in the Royal Lao Army; Gen. Thonglit of the class of 1999 at the U.S. Naval Acad- national level. Chokhbenbol, former commander in the Royal emy. Mr. McIntosh has served as the chief execu- Lao Army; Gen. Nguyen Khanh, former Presi- William M. Couch graduated Margaretta tive officer of the 100-lawyer south Florida law dent of the Republic of South Vietnam and High School in 1992 and joined the Navy. In firm of Gunster, Yoakley, Valdez-Pauli & Stew- army commander; Mike Johns, former White the service, he has won numerous awards art, P.A., for the past 11 years. Prior to that House speech writer for President George and commendations. While in high school, time, he practiced as a CPA with Coopers & Bush; Phillip Smith, director of the Center for William distinguished himself as a leader Lybrand in West Palm Beach for 15 years. He Public Policy Analysis in Washington, DC; Col. among his peers. He is an outstanding citizen has earned many forms of professional rec- Douglas R. Moore, commander of the 144th and patriot. ognition in each of those capacities. Fighter Wing, Air National Guard; Lt. Col. Mr. Speaker, one of the most important re- Mr. McIntosh lives in West Palm Beach, FL, James Arthur, wing executive officer, 144th sponsibilities of Members of Congress is to with his wife Leslie M. Ritch, and their 18- Fighter Wing, Air National Guard; Jim Patter- identify outstanding young men and women month old daughter, Madison Marie. He is in- son, mayor of Fresno; Madame Nguyen, Viet- and to nominate them for admission to the deed a source of pride for all graduates of the namese community leader and human rights U.S. service academies. While at the Acad- University of Florida. activist; Joe Scheimer, representative of the emy, they will be the beneficiaries of one of f Ravens, one of the organizations of United the finest educations available, so that in the States pilots who flew covert military oper- future, they might be entrusted with the very CENTRAL UTAH PROJECT ations during America's secret war in Laos; security of our Nation. PREPAYMENT AMENDMENT OF 1995 Christopher Robbins, journalist and author of I am confident that William M. Couch has the important book, ``The Ravens: The Men both the ability and the desire to meet this HON. JAMES V. HANSEN Who Flew in America's Secret War in Laos''; challenge. I ask my colleagues to join me in and Robert Lung, a Fresno city councilman. congratulating him for his accomplishments to OF UTAH date and to wish him the best of luck as he IN THE HOUSE OF REPRESENTATIVES f continues his career in service to our country. Tuesday, June 13, 1995 CAPITALISM AFTER THE COLD f Mr. HANSEN. Mr. Speaker, I rise today to WAR TRIBUTE TO DAVID MCINTOSH introduce the Central Utah Water Project Pre- payment Amendment of 1995. HON. GEORGE W. GEKAS Under this legislation, the Secretary of the OF PENNSYLVANIA HON. E. CLAY SHAW, JR. Interior will be extended the authority to allow OF FLORIDA IN THE HOUSE OF REPRESENTATIVES the Central Utah Water Conservancy District IN THE HOUSE OF REPRESENTATIVES to prepay municipal and industrial water deliv- Tuesday, June 13, 1995 Tuesday, June 13, 1995 ery facilities under the same terms and condi- Mr. GEKAS. Mr. Speaker, I rise today to Mr. SHAW. Mr. Speaker, I rise today to tions as negotiated by the Department of the recognize the efforts of the Denver and Eph- bring to the attention of this body a very distin- Interior for the prepayment of the Jordan Aq- rata Telephone & Telegraph Co. [D&E], a June 13, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1229 proven leader in the telecommunications in- ing requirements on the transportation sector. ing testing in that industry provide for dustry. Along with three other firms, D&E is The required testing included all modesÐ preemployment, reasonable suspicion, ran- spearheading the development of a commu- mass transit, railroad, trucking, and aviationÐ dom, and post-accident drug testing. How- ever, it provides that only three kinds of al- nications network in Hungary. and many kinds of testingÐpreemployment, cohol testing—reasonable suspicion, random, Since the end of the cold war, we have reasonable suspicion, random, and and post-accident—are required. The bill seen how the opening of new markets in East- postaccident. The purpose of the legislation would eliminate the statutory mandate for ern Europe has affected the political and eco- was to improve transportation safety, and the preemployment alcohol testing, on the basis nomic climate across the globe. The strength bill contributed to that goal. that this form of alcohol testing is less nec- of our free-market system gave us victory in However, one part of this bill has been essary than the others in order to have an ef- the cold war, and that same strength will help mired in legal problems, and, as a result, sim- fective program for deterrence and detection ply does not contribute to transportation safe- of alcohol misuse. Because alcohol is a legal us to forge new friendships with developing substance that dissipates from the blood- nations by stimulating economic growth both ty. That is the part of the bill having to do with stream relatively quickly, testing for its here and abroad. preemployment testing for alcohol. presence is most valuable at the time when D&E is the 34th largest telephone company The core of the problem is that alcohol con- safety-sensitive functions are performed. By in the United States and serves more than sumption by someone not yet employed in the contrast, the drugs for which testing is re- 48,000 customers in northern Lancaster Coun- transportation sector is not illegal. The bill at- quired are illegal, and their detection even ty, PA. It is recognized as a leader in the tele- tempted to deal with this problem by requiring during preemployment testing is important. communications industry due to its use of ad- preemployment testing for alcohol use, in vio- Preemployment alcohol testing under the Act currently is estimated to cover more vanced technology. lation of law or Federal regulation. However, than seven million employees and cost about D&E has joined three midwestern firms to this creates an unworkable situation where we $30 million annually. create a consortium known as the Monor require employers to test applicants, knowing However, many employers may find that Communications Group [MCG]. The goal of that in virtually all instances, the results cannot conducting preemployment alcohol testing this consortium is to provide modern tele- be put to any purpose. can serve a useful purpose as a way of em- communications service to the people of Hun- A recent decision by the court of appeals phasizing, from the outset of an employee’s gary. In May 1994, Hungary's Ministry of Tele- found that the Department of Transportation's connection with an employer, the employer’s commitment to a substance abuse-free trans- communications signed a concession contract regulations to implement preemployment test- portation workplace. Employers may also allowing MCG to form a Hungarian-American ing for alcohol were inappropriate and the find preemployment alcohol testing helpful telephone company named Monor Telefon court vacated those regulations. The Depart- to screen out applicants whose use of alcohol Tarasag [MTT]. ment of Transportation suspended the regula- is chronic. Such employers may wish to have Monor, a suburb of Budapest, was selected tions for preemployment alcohol testing to preemployment alcohol testing as part of as the location for MTT. The Monor region comply with the court's decision. But, we still their substance abuse prevention programs. consists of 43 towns with a total population of have on the books statutory requirement to do For this reason, the amendment provides something that everyone now acknowledges that employers who choose to require 225,000 people. Then are approximately preemployment alcohol testing may do so as 78,000 private residences and 5,000 busi- makes no sense, that is preemployment test- part of their program that responds to the nesses. ing of all applicants for illegal consumption of Act and Department of Transportation regu- MTT is steadily constructing a sophisticated, alcohol. lations. fiber optic linked, digital telecommunications We need to clean up this absurd situation Section 3: This section makes parallel network. Upon obtaining the MTT territory, and get both industry and the Department of changes to the railroad industry testing re- there were 12,000 existing telephone lines. By Transportation focused on the testing that im- quirements under the Omnibus Transpor- tation Employee Testing Act of 1991. the end of 1995, MTT plans to have 42,000 proves transportation safety. DOT estimates Section 4: This section makes parallel digital lines in service. A total of 70,000 lines that preemployment alcohol testing of trans- changes to the motor carrier industry test- should be in service by the end of 1996. In portation applicants would cost around $30 ing requirements under the Omnibus Trans- addition, MTT will provide cable TV as well as million per year. This represents resources portation Employee Testing Act of 1991. other value-added communications services. and attention that would be far more effective Section 5: This section makes parallel MTT looks to offer sophisticated technology if focused on the testing that does produce changes to the aviation industry testing re- quirements under the Omnibus Transpor- along with the commitment to quality service safety benefits. We need to focus on the re- tation Employee Testing Act of 1991, includ- that has been a trademark of D&E for more quirements for reasonable suspicion, random, ing testing for Federal Aviation Administra- than 83 years. and postaccident testing with respect to alco- tion employees performing safety-sensitive This type of American ingenuity and for- hol. In the case of illegal drugs, we need to functions. ward-thinking should be an example to other focus on all types of testing, including Section 6: This section establishes an effec- American businesses in all industries. The de- preemployment. tive date for the amendments made by the cline of communism has provided a golden The bill I am introducing today would re- Act. opportunity for economic investment, as well scind the invalidated requirement for f as the development of a mutual understanding preemployment alcohol testing of transpor- HONORING DON SCHIRRICK AS between our cultures. Mr. Speaker, I invite my tation employees, while making it clear that MINNESOTA KNIGHT OF THE YEAR colleagues to join with me in saluting the ef- employers have the option of conducting such forts of the Denver and Ephrata Telephone & tests, if they wish. All other requirements for HON. COLLIN C. PETERSON Telegraph Co. drug and alcohol testing are retained. OF MINNESOTA f Thus, this bill eliminates a requirement that has proven to be unworkable, in favor of those IN THE HOUSE OF REPRESENTATIVES THE OMNIBUS TRANSPORTATION requirements that have been effective in our Tuesday, June 13, 1995 EMPLOYEE TESTING ACT ongoing efforts to improve transportation safe- Mr. PETERSON of Minnesota. Mr. Speaker, AMENDMENTS OF 1995 ty. We need to focus both our resources and I would like to congratulate a good friend of our regulatory attention on those areas where mine, Don Schirrick, for being honored as Min- HON. NORMAN Y. MINETA we can achieve the greatest public safety ben- nesota's Knight of the Year. It is an honor that OF CALIFORNIA efit. is well deserved. IN THE HOUSE OF REPRESENTATIVES OMNIBUS TRANSPORTATION EMPLOYEE TESTING Don joined the Knights of Columbus 7 years ACT AMENDMENTS OF 1995—SECTION-BY-SEC- ago in Thief River Falls, MN, and 4 years ago, Tuesday, June 13, 1995 TION ANALYSIS he helped start a council in Red Lake Falls. Mr. MINETA. Mr. Speaker, today, I am intro- Section 1: Section 1 establishes a short That council has now grown to 100 members. ducing the Omnibus Transportation Employee title for the bill—the ‘‘Omnibus Transpor- Don has always been one of those people Testing Act Amendments of 1995. This bill, if tation Employee Testing Act Amendments of who thinks of others before thinking of himself. enacted, will allow both the Department of 1995.’’ He has spent much of his time during the past Section 2: Section 2 amends existing lan- Transportation and transportation employers to guage of the Omnibus Transportation Em- 4 years raising money for the community. Just focus their efforts and resources on activities ployee Testing Act of 1991 concerning drug last year, he worked on an annual marathon, that truly enhance safety. and alcohol testing in the mass transit in- which raised $7,000 for St. Joseph's School In 1991, Congress enacted legislation that dustry. It does not change the current provi- and a Tootsie Roll drive, which raised about imposed significant new drug and alcohol test- sion of the Act that the regulations requir- $600 for Northwood Home. E 1230 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 1995 Don was named local Knight of the Year U.S. Infantry, Walter served honorably in TRIBUTE TO JERROD E. HAWK last year, which entitled him to enter the State World War II, securing the blessings of liberty competition against 20,000 others. A panel of and the fruits of freedom for generations to HON. PAUL E. GILLMOR seven knights from across the State picked come. Shortly after the liberation of Holland in OF OHIO Don as Minnesota Knight of the Year. 1944, he met Maria Christina Callemeyn. One IN THE HOUSE OF REPRESENTATIVES Again, Mr. Speaker, I would like to ask my year later, they were married in Maastricht. colleagues to join me in congratulating Don Tuesday, June 13, 1995 Schirrick on his honor, and thanking him for Walter and Maria now live in Ogden, UT, Mr. GILLMOR. Mr. Speaker, I would like to his tireless work on behalf of the Knights of where they enjoy gardening and traveling. The take this opportunity to recognize an excep- Columbus and the community of Red Lake pride of their lives are their 8 children and 10 tional young man from my district who has re- Falls. grandchildren whom they love dearly. cently accepted his appointment as a member f Like so many others, the life that Walter and of the Class of 1999 at the U.S. Military Acad- Maria have shared has been marked by mo- emy. DRUG LEGISLATION ments of great happiness and great struggle. Jerrod E. Hawk graduated Paulding High Ultimately, however, their love story has been School in 1994 and enrolled in Marion Military HON. GERALD B.H. SOLOMON a beacon of joy and love in a world sometimes Institute. At the institute he has worked hard to OF NEW YORK darkened by loneliness and isolation. I'm sure prepare himself for a career in the military. IN THE HOUSE OF REPRESENTATIVES that the entire House of Representatives joins While in high school, Jerrod distinguished him- self as a leader among his peers. He is an Tuesday, June 13, 1995 me in expressing our gratitude and congratula- outstanding citizen and patriot. Mr. SOLOMON. Mr. Speaker, I would like to tions to Walter and Maria Kirylo. Mr. Speaker, one of the most important re- share with you some excerpts from an excel- sponsibilities of Members of Congress is to lent speech recently given by former HEW f identify outstanding young men and women Secretary Joseph Califano. Mr. Califano ex- and to nominate them for admission to the plores a subject that, unfortunately, is only sel- TRIBUTE TO HARRY O’NEIL United States service academies. While at the dom discussedÐthe enormous costs to tax- academy, they will be the beneficiaries of one payers resulting from substance abuse. He of the finest educations available, so that in also makes it clear that drug legalization HON. CURT WELDON the future, they might be entrusted with the would have disastrous consequences, espe- OF PENNSYLVANIA very security of our Nation. cially on inner city communities. I am confident that Jerrod Hawk has both Let me give just one example of how little IN THE HOUSE OF REPRESENTATIVES the ability and the desire to meet this chal- most Americans understand about the wages Tuesday, June 13, 1995 lenge. I ask my colleagues to join me in con- of substance abuse. Do you ever see news- gratulating him for his accomplishments to papers or television news report the amount Mr. WELDON of Pennsylvania. Mr. Speaker, date and to wish him the best of luck as he that Federal entitlement programs pay out be- I would like to take a brief moment to recog- begins his career in service to our country. cause of substance abuse? The answer is a nize Mr. Harry O'Neil, a constituent from my colossal $77.6 billion this yearÐan amount district who is this year's recipient of the f equivalent to 40 percent of the Federal deficit. Sourin Memorial Award. This great honor was MR. HUU DINH NGUYEN RECOG- Legalization of drugs in the United States is bestowed upon him by the Catholic NIZED ON THE OCCASION OF HIS a policy of despair, one that would write off Philopatrian Literary Institute, and it represents RETIREMENT millions of our citizens, a disproportionate society's appreciation for an individual who number of them black and Hispanic. It has not has made noteworthy contributions and worked anywhere it has been tried. The claim HON. ZOE LOFGREN achievements in a lifetime of adopting Catholic that drug legalization in some European nation OF CALIFORNIA ideals, morality, and good citizenship. stands as a success story, especially when IN THE HOUSE OF REPRESENTATIVES measured against the alleged failure of Amer- Mr. O'Neil is currently a partner in the Phila- Tuesday, June 13, 1995 delphia law firm of Stradely, Ronan, Stevens, ican drug policy, is specious. Ms. LOFGREN. Mr. Speaker, I rise today to Legalizers often cite marijuana as a harm- and Young and practices banking and real es- acknowledge and extend my heartfelt con- less drug. Nonsense. Smoking pot savages tate law. As an employer in his banking prac- gratulations to Huu Dinh Nguyen, on the occa- short-term memory and ability to concentrate. tice he is well respected and liked by all, and sion of his retirement from the Santa Clara And smoking pot can lead to use of other is affectionately seen by his employees and County Social Services Agency. Mr. Nguyen's drugs for thousands of individuals. 12 to 17 colleagues as a tough but fair boss. In addi- commitment to social work has improved the year-olds who smoke pot are 85 times more tion to his achievements here, he has served quality of life of many people. I commend his likely to use cocaine than those who don't. as counsel for the Dioceses of Philadelphia's tireless dedication and relentless self-sacrifice Secretary Califano understands that drug le- Cemetery Division. He attended undergradu- in the name of public service. galization would have one sure effect: Vulner- ate and law school at Villanova University and Mr. Nguyen was born in Vietnam and able inner city communities would become received his B.S. in 1957 and his J.D. in 1977. earned a master's degree in literature from the even more enslaved to drug pushers. Remarkably, he did not attend law school until University of Saigon. He later went to U.S. f he was 38, after having four children, and he Army military schools in Georgia and Oki- CONGRATULATIONS TO MR. AND graduated in the top 5 percent of his class. nawa. A colonel in the South Vietnam Army, MRS. KIRYLO ON THEIR 50TH Most importantly, he is, I am advised by one Mr. Nguyen came to the United States when WEDDING ANNIVERSARY of his children, an understanding father who North Vietnam overtook South Vietnam in has raised his children to respect and love the 1975. HON. MICHAEL P. FORBES Lord, but who has never forced religion upon Following a brief stay in Alabama, Mr. Nguyen moved to California and began work- OF NEW YORK them. ing for the Santa Clara County Social Services IN THE HOUSE OF REPRESENTATIVES Mr. O'Neil is the kind of citizen who both Agency. He was assigned to the Child Welfare Tuesday, June 13, 1995 practices and teaches values that make our Service Unit where he managed children in Mr. FORBES. Mr. Speaker, I rise today to society a hard working and ethical one. As an foster and adoptive programs. He has recently congratulate Walter and Maria Kirylo on 50 employer, as an active member of his commu- been recognized with the Daniel E. Koshland glorious years of marriage. This fine couple is nity, and as a loving father, he has achieved Award for outstanding social worker of the certainly a testament to the ``American much in his lifetime. I would like to add that year for the State of California. Mr. Nguyen's Dream.'' They have shown us all that dedica- this is one of the first years that the Sourin 15 years of service is commendable. tion and love can be a great blessing and Award has been given to a member of the Further, in his spare time, Huu Dinh Nguyen bring great blessings, leading to a happy and laity rather than to a member of the clergy, established Aid to Refugee Children Without successful life and family. and he clearly deserves it. Parents [ARCWP]. ARCWP is a nonprofit, vol- Walter John Kirylo was born on April 14, unteer organization which helps children in 1918 in Cambridge, MA. As a member of the Southeast Asian refugee camps. Mr. Nguyen June 13, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1231 has served on several boards and commis- HONORING ALISON GAVRELL expanded that practice by teaching my co- sions committed to helping children in need. workers some simple sign language, and now we can communicate even better without Mr. Dinh Nguyen is a shining example of HON. BILL BAKER speaking. what the United States of America is all about. OF CALIFORNIA Also, driving a tug in the ramp area isn’t This Nation was built on certain ideals includ- IN THE HOUSE OF REPRESENTATIVES much different for me than driving a car. In both cases, I take special precautions to ing community, self-sacrifice, and caring. Mr. Tuesday, June 13, 1995 Nguyen has demonstrated, through his career make sure that I see nearby vehicles because as a social worker and by his voluntarism, that Mr. BAKER of California. Mr. Speaker, in I can’t hear them approaching. With aircraft he is committed to those ideals that Ameri- June, a very talented young woman from my and other vehicles everywhere, making the extra effort to constantly look around en- cans value. district in California will be traveling to Wash- ington to receive a major literary award. Alison sures that I’m upholding our corporate Mr. Speaker, I would like to express my own value: Safety is all times, in all things. Gavrell will receive the Silver Award at the congratulations and gratitude to Mr. Huu Dinh As a United employee, I am proud to take Scholastic Art and Writing Awards national ex- Nguyen on behalf of my constituents in the care of your luggage whether you’re travel- hibition at the Corcoran Gallery of Art for her 16th District of California and the U.S. House ing for business or pleasure. I try to help you short story, ``Don't Believe Everything You if you have luggage problems. When delays of Representatives. Read.'' occur, each of us knows that being a team is f This prestigious program, which honors tal- more important than ever, and by working ented young writers and artists from across together, we can minimize the impact of a PORT WASHINGTON YOUTH AC- the Nation, is designed to encourage some of delayed or cancelled flight. TIVITIES HONORS RUDY Although I’ve taken my career at United America's finest and most gifted students in seriously and I’ve worked hard, my parents HOTAREK, TOM ROBERTSON, the pursuit of excellence. Alison plans to read get the credit for my successful entry into AND TOM BROWN from her story at the Library of Congress Sat- the workplace. They encouraged me to speak urday, June 17, and will be part of the cere- and sent me to a special private school for mony and reception for all national award win- the speech impaired to make sure I could HON. GARY L. ACKERMAN ning students at the Corcoran the following communicate with other people, like my co- OF NEW YORK day. worker, supervisors, and manager. My par- Alison, a student at the Dorris-Eaton School ents gave me the confidence to go for what I IN THE HOUSE OF REPRESENTATIVES wanted, and what I’ve always wanted is to in Walnut Creek, deserves high praise for her Tuesday, June 13, 1995 work for the best airline in the world. And diligence, self-discipline, and creativity. My the really great thing is, I don’t just work at Mr. ACKERMAN. Mr. Speaker, I rise today congratulations also go to her parents, George United anymore, I’m one of the owners! to join with my constituents in the 5th Con- and Elaine Gavrell, and her teacher, Ms. I’ve found that sometimes the best way to learn about a job you’re interested in is to gressional District of New York, and the citi- Deeni Schoenfeld for their contributions to Alison's signal achievement. It is a pleasure take a straightforward approach. Although zens of the Village of Port Washington, in I’m very open about my deafness, I know for me to recognize Alison in the CONGRES- Nassau County, in recognizing the Port Wash- some people don’t like the word ‘‘handi- ington Youth Activities [PYA] as it celebrates SIONAL RECORD. capped,’’ so I say that people like me who are its Fifth Hall of Fame Dinner Dance. f deaf or hard of hearing are exceptional peo- This year, the PYA will honor three individ- ple, who can do anything if they put their HONORING PHILIP BILGRAY, RAMP mind to it. uals, Rudy Hotarek, Tom Robertson, and Tom SERVICEMAN AT WASHINGTON There are many examples of hearing-im- Brown, for their dedication and support of DULLES INTERNATIONAL AIR- paired people achieving a lot of success. youth activities in the community. These indi- PORT Many people saw the Miss America Pageant viduals will be inducted into the Port Washing- on TV this past year and witnessed the ton Youth Activities Hall of Fame. crowning of the first hearing-impaired win- HON. PATRICIA SCHROEDER ner. Also, millions of people have seen Rudy Hotarek was a significant force in the OF COLORADO Marleee Matlin, a deaf actress, in Children of developmental days of PYA; he served as IN THE HOUSE OF REPRESENTATIVES a Lesser God and on television. coach, officer and member of the board for Those are only two examples. I truly be- more than 10 years. Tuesday, June 13, 1995 lieve that it makes no difference whether a Tom Robertson was a distinguished and in- Mrs. SCHROEDER. Mr. Speaker, I would person is deaf or hard of hearing. There are volved coach of young people for more than like to bring to your attention the following many fine people who work for airlines or as story published in Hemispheres about Philip lawyers, doctors, dentists, etc. And, happily, 12 years. He lent his exceptional efforts to there also are many hearing people through- PYA's football, basketball, and lacrosse pro- Bilgray, a United Airlines employee. Mr. out the world who either know sign language grams. Bilgray is the first hearing-impaired employee or would like to learn it. If you are one of Finally, Tom Brown is being honored for to work on the ramp at Washington Dulles them, I would encourage you to learn sign athletic achievements in basketball and foot- International Airport. I have had the pleasure language—it can open up a whole new world ball at the collegiate level in the 1970's. Much of meeting Mr. Bilgray and can tell you that he for you! NOTE: Philip Bilgray has received com- of the PYA's reputation for skillful competition is a very special individual. He is proud of the work he does and of the fact that he has mendations for administering first aid to a and dedication to excellence was developed passenger on a United flight and for partici- during Tom Brown's participation as a young helped other employees learn sign language pating in Dulles’ annual Christmas Fantasy man in PYA football, basketball and baseball so that they can communicate better in situa- Flight for critically ill children. tions where oral communication is impossible. programs. f As a frequent traveler, I feel good knowing All three of these gentlemen are being rec- that Philip Bilgray is working to keep every- LEAH MCCANDLESS TRIBUTE ognized for their individual and collective con- thing running smoothly. tributions to youth sports. Their achievements UNITED VOICES are an excellent reflection upon themselves, HON. BILL RICHARDSON their families, and their community, and rep- (By Philip Bilgray) OF NEW MEXICO resent the true American spirit of dedication My name is Philip Bilgray, and I am a IN THE HOUSE OF REPRESENTATIVES Ramp Serviceman. You could say that I Tuesday, June 13, 1995 and volunteerism embodied by the PYA. broke new ground as the first hearing-im- These three men are most deserving of this paired employee on the ramp at Washington Mr. RICHARDSON. Mr. Speaker, one of our honor, and merit the special appreciation of Dulles International Airport, where I’ve Nation's unsung heros is celebrating yet an- their neighbors and friends. worked since 1986. other milestone. Mrs. Leah McCandless is Mr. Speaker, I ask all my colleagues in the Some people may think it’s difficult for me turning 95 years old this week. House of Representatives to join me now in to do my job because I interact a lot with While many of my colleagues may not know other employees and customers. But my dis- honoring Rudy Hotarek, Tom Robertson, and ability doesn’t get in the way of my work. Mrs. McCandless, House and Senate mem- Tom Brown, and in congratulating the Port Much of the time, aircraft noise on the ramp bers who have had to run for office represent- Washington Youth Activities for its generous makes it very difficult for anyone to hear, ing Hobart, OK know Mrs. McCandless very contributions and dedicated service to the and ramp employees often use hand signals well. It has become a sort of ritual for can- community. to communicate as they work. In fact, I’ve didates to stop by her home for some pie and E 1232 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 1995 coffee and a nice chat. Every politician stops recovery and looks forward to many more rifice, while serving in our Nation’s armed by the McCandless home hoping to receive years of sharing his Irish heritage. forces. Throughout history, members of the Armed Forces have risked their lives not her blessing. f Her word goes a long way back in Hobart. merely for their family or their coworkers, but for a cause represented by the American She is the matriarch of the communityÐa real TRIBUTE TO THE RED DEVILS TENNIS TEAM flag, and the freedom to choose and the lib- force back home. She counsels her fellow citi- erty to succeed which it embodies. zens and offers longtime wisdom on every- Some Americans are too young to remem- thing from marriage to divorce. HON. HOWARD COBLE ber; others have too quickly forgotten. How But it is her lifelong devotion to her children OF NORTH CAROLINA important, therefore, that we honor our vet- that makes her most proud. She raised five IN THE HOUSE OF REPRESENTATIVES erans, that we learn from them, and that we teach others about history, about war, about sonsÐthree of whom served in World War IIÐ Tuesday, June 13, 1995 and she is proud and delighted to tell you sacrifice. We are still reminded about Korea, Vietnam, and more recent encounters. We about them. Mr. COBLE. Mr. Speaker, the old saying should not, however, allow the memory, the Her oldest son, Bill, was a successful busi- that it is sometimes better to be lucky than good was turned on its head recently by a lessons, and the sacrifices of our terrible nessman before his death. He also served in world wars to fade. Proud veterans of those the Johnson administration working as co- high school in the Sixth District of North Caro- wars are among us today. Their presence chair of Ozarks Regional Development. Jack lina. The Graham High School doubles tennis bears witness to sacrifice. is retired vice president of Gates Corporation team proved that sometimes it is better to be Fifty years ago this month, our Nation was of Denver. Earl is a retired Army Colonel who good than lucky. beginning to absorb the meaning of victory served as social aide to President Kennedy The Red Devils tennis duo proved this by in Europe, to realize what the final tally was and is an accomplished musician. John is a losing the draw for team seedings but then in terms of lives lost or shattered as the re- going on to capture the North Carolina high sult of the awful conflict in Europe and successful attorney in Oklahoma City and North Africa. In April of 1945, President Roo- served in the Army's Counter Intelligence school boys doubles tennis championship. Graham tennis coach Jim Melvin told the Bur- sevelt had died of a cerebral hemorrhage at Corps. Bob worked for Senator Robert S. Warm Springs, Georgia. The battle in the Kerr, directed Senator Humphrey's 1968 presi- lington, NC, Times-News that he tried to get Pacific still raged as scientists neared com- dential bid and is now a prominent attorney in the No. 2 seed for his team. ``They did it the pletion of the first atomic bomb. The sac- our Nation's Capital. hard way,'' Melvin told the newspaper. ``I tried rifices would continue for four more months, Mrs. McCandless also has worked tirelessly to get them seeded second, but they wound and then the bloodiest of all wars would be on behalf of her Presbyterian Church. She has up getting the third seed. A coin flip put them over. been active for some 80 years and has served with the No. 1 seeds. Obviously, it wasn't a Veterans of World War I saw staggering perfect draw. But they beat the No. 1 and No. losses in bitter trench warfare and history’s many roles at the Church. first use of such horrible tactics as gas war- It is with great pleasure that I urge my col- 2 seeds. They did not back into it.'' Stuart Melvin and Jeremy Wyrick defeated fare. Fewer than 20,000 veterans of that bru- leagues to join me in paying special tribute to tal conflict are still alive today. doubles teams from Mt. Airy and Elkin to cap- this outstanding woman, mother, neighbor, Cemeteries in two small towns in north- community leader, political advisor, and un- ture Graham's first tennis title. What made the west Maryland contain the dead from the sung hero. Mrs. McCandless has helped make duo even more special for Coach Melvin was battle of Antietam, where more casualties this country great and we owe her our thanks that one of its members was his son, Stuart. occurred in a single day than on any other and admiration. ``It's Graham's first-ever tennis championship day of the Civil War. of any kind, and your son being part of it The United States and the world learned of f made it even more special.'' the awful toll of war when two of Mathew A TRIBUTE TO THOMAS J. LAVIN I am sure that the championship was spe- Brady’s assistants photographed the dead of cial for everyone at Graham High School. Antietam. The pictures brought home the Congratulations to principal Brad Evans, ath- shocking toll of war and its accompanying HON. DICK ZIMMER sacrifice when they were first displayed in letic director Mike Williams, the faculty, staff, OF NEW JERSEY 1862, and they are no less shocking today. It students, and parents of Graham High School. is fitting that each Memorial Day, the 2,100 IN THE HOUSE OF REPRESENTATIVES The entire Sixth District of North Carolina is graves of the Union dead are decorated with Tuesday, June 13, 1995 proud of your first-ever tennis championship. small American flags, a scene which stirs the Mr. ZIMMER. Mr. Speaker, I rise today in f conscience, but which only hints at the sac- rifices which took place on the day of the order to recognize a remarkable individual, MEMORIAL DAY 1995 battle. In a nearby cemetery, there are no Thomas Lavin, who has been highly instru- decorations for the graves of 2,400 Confed- mental in promoting Irish-American awareness erate soldiers. We hope that these graves will in New Jersey. Tom is now recovering from a HON. G.V. (SONNY) MONTGOMERY be decorated on Memorial Day. near-fatal car accident, but even this has not OF MISSISSIPPI Battlefields and cemeteries remind us of dampened his spirit or his energy. IN THE HOUSE OF REPRESENTATIVES the terrible sacrifices and loss of life in war. Tom almost single-handedly created the Tuesday, June 13, 1995 But many of us or our family members re- Irish American Public Action Committee, Inc., member all too directly the experience of Mr. MONTGOMERY. Mr. Speaker, on May an organization dedicated to promoting the war. The first half of this century saw two 9, 1995, an extension of remarks that ap- world wars. These were the ‘‘wars to end all Irish culture and heritage. This organization peared in the CONGRESSIONAL RECORD on wars’’. How wrong we were to think the expe- also collects, through contributions and pur- page E980 was accidently attributed to my rience of war was behind us! Consider Korea. chases, Irish books and tapes and donates Vietnam. Lebanon. Grenada. Panama. The dear colleague, BOB STUMP. I regret this con- them to libraries. In addition, IAPAC organizes Persian Gulf. Somalia. Haiti. We have asked fusion and here follows the correct text of my lectures on Irish matters of interest and ar- much of our fighting men and women. Memorial Day message for 1995. ranges traditional Irish entertainment for col- Although many members of our Armed leges and universities. The son of Irish immi- MEMORIAL DAY 1995 Forces are buried on foreign soils, there are grants from County Mayo, Tom was IAPAC's Sacrifice. It’s a word we all know. All of us cemeteries throughout this country which have made some sacrifices in our lives. We contain the remains of the very best that first president and serves as a director today. make sacrifices for our family, for our close America had to offer. Remembering is what I would like to join IAPAC in honoring Tom friends, even for our neighbors and cowork- Memorial Day is for, and what gives it mean- for all that he has done for Irish-Americans in ers. Persons in the Armed Forces make ing is how each one of us remembers the New Jersey. Although still confined to a many sacrifices, and over one million Ameri- great sacrifices which have made possible wheelchair, Tom has enjoyed a phenomenal cans have given their lives, the ultimate sac- the blessings we share as Americans today. Tuesday, June 13, 1995 Daily Digest Senate eign ownership restrictions and to revise the deter- Chamber Action minations of market opportunities for such purposes. Routine Proceedings, pages S8199–S8292 Pages S8253±54 Measures Introduced: Three bills were introduced, Rejected: (1) Thurmond Modified Amendment No. 1265 as follows: S. 917–919. Pages S8254±55 (to Amendment No. 1264), to provide for the review Telecommunications Competition/Deregulation by the Attorney General of the United States of the Act: Senate continued consideration of S. 652, to entry of the Bell operating companies into provide for a pro-competitive, de-regulatory national interexchange telecommunications and manufactur- policy framework designed to accelerate rapidly pri- ing markets. (By 57 yeas to 43 nays (Vote No. 250), vate sector deployment of advanced telecommuni- Senate tabled the amendment.) cations and information technologies and services to Pages S8206±09, S8215±25 all Americans by opening all telecommunications (2) By 18 yeas to 82 nays (Vote No. 251), markets to competition, taking action on amend- McCain Amendment No. 1276, to require a voucher ments proposed thereto, as follows: Pages S8206±54 system to provide for payment of universal service. Adopted: Pages S8209±12, S8239 (1) Conrad Amendment No. 1275, to provide (3) Bumpers/Daschle Amendment No. 1348, to means of limiting the exposure of children to violent protect consumers of electric utility holding compa- programming on television. (By 26 yeas to 73 nays, nies engaged in the provision of telecommunications 1 voting present (Vote No. 256), Senate earlier failed services. (By 52 yeas to 48 nays (Vote No. 252), to table the amendment.) Senate tabled the amendment.) Pages S8225±30, S8232±35, S8251±52 Pages S8235±37, S8239±40 (2) Lieberman Modified Amendment No. 1347 (to (4) By 47 yeas to 52 nays, 1 voting present (Vote Amendment No. 1275), to revise the provisions re- No. 255), upon reconsideration, Dorgan Modified lating to the establishment of a system for rating vi- Amendment No. 1278, to provide Federal Commu- olence and other objectionable content on television. nications review of television broadcast ownership re- Pages S8241±47 Pages S8226±27, S8230±35, S8247±51 strictions. (3) By a unanimous vote of 100 yeas (Vote No. Prior to this action, by 51 yeas to 48 nays, 1 vot- ing present (Vote No. 253), Senate earlier agreed to 257), Simon/Dole Amendment No. 1349, to express Amendment No. 1278, listed above. the sense of the Senate regarding limiting the Pages S8213±15, S8241±46 amount of broadcasting of violent and aggressive Withdrawn: programming. Pages S8250, S8252 Dorgan Modified Amendment No. 1264, to re- (4) Kerrey Amendment No. 1335, to provide that quire Department of Justice approval for Regional the incidental services which Bell operating compa- Bell Operating Company entry into long distance nies may provide shall include two-way interactive services, based on the VIII(c) standard. video services or Internet services to or for elemen- Pages S8206, S8225 tary and secondary schools. Pages S8237, S8252 Pending: (5) Pressler (for Exon) Amendment No. 1350, to Feinstein/Kempthorne Amendment No. 1270, to assure that the national security is protected when strike the authority of the Federal Communications considering grants of common carrier license to for- Commission to preempt State or local regulations eign entities and other persons. Pages S8252±54 that establish barriers to entry for interstate or intra- (6) Pressler (for Byrd) Amendment No. 1351 (to state telecommunications services. Page S8206 Amendment No. 1350), to require a report on objec- Gorton Amendment No. 1277 (to Amendment tions to determinations of the Federal Communica- No. 1270), to limit, rather than strike, the preemp- tions Commission for purposes of termination of for- tion language. Pages S8212±13 D 719 D 720 CONGRESSIONAL RECORD — DAILY DIGEST June 13, 1995 During consideration of this measure today, Senate Kenneth Michael Quinn, of Iowa, to be Ambas- also took the following action: sador to Cambodia. By 48 yeas to 52 nays (Vote No. 254), Senate re- John Todd Stewart, of California, to be Ambas- jected a motion to table the motion to reconsider sador to the Republic of Moldova. Vote No. 253, listed above. Page S8246 Routine lists in the Air Force, Navy. Page S8292 A unanimous-consent agreement was reached pro- Messages From the President: Page S8254 viding for further consideration of the bill and the Communications: Page S8254 amendments pending thereto, on Wednesday, June 14, with votes to occur thereon. Page S8289 Statements on Introduced Bills: Pages S8255±65 A second motion was entered to close further de- Additional Cosponsors: Page S8265 bate on the bill, and in accordance with the provi- Amendments Submitted: Pages S8265±88 sions of Rule XXII of the Standing Rules of the Senate, a vote on the cloture motion will occur on Notices of Hearings: Page S8288 Thursday, June 15. Page S8254 Authority for Committees: Pages S8288±89 Senate will resume consideration of the bill on Additional Statements: Page S8289 Wednesday, June 14, with a cloture vote to occur thereon. Record Votes: Eight record votes were taken today. (Total—257) Messages From the President: Senate received the Pages S8225, S8239, S8240, S8246, S8247, S8251, S8252 following messages from the President of the United States: Recess: Senate convened at 9:15 a.m., and recessed Transmitting the report of the Department of at 9:28 p.m., until 9 a.m., on Wednesday, June 14, Housing and Urban Development for calendar year 1995. (For Senate’s program, see the remarks of the Acting Majority Leader in today’s RECORD on page 1993; referred to the Committee on Banking, Hous- S8289.) ing, and Urban Affairs. (PM–55). Page S8254 Nominations Confirmed: Senate confirmed the fol- Committee Meetings lowing nominations: Robert F. Rider, of Delaware, to be a Governor of (Committees not listed did not meet) the United States Postal Service for the term expir- ing December 8, 2004. 1995 FARM BILL: COMMODITY POLICY John D. Hawke, Jr., of New York, to be Under Committee on Agriculture, Nutrition, and Forestry: Com- Secretary of the Treasury. mittee resumed hearings on proposed legislation to Linda Lee Robertson, of Oklahoma, to be a Dep- strengthen and improve United States agricultural uty Under Secretary of the Treasury. programs, focusing on commodity program policies, Pages S8245, S8292 receiving testimony from Daniel R. Glickman, Sec- retary of Agriculture; Carl Loop, Florida Farm Bu- Nominations Received: Senate received the follow- reau, Gainesville, on behalf of the American Farm ing nominations: Bureau Federation; Leland H. Swenson, National Edward Scott Blair, of Tennessee, to be United Farmers Union, Denver, Colorado; Becky Doyle, Illi- States Marshal for the Middle District of Tennessee nois Department of Agriculture, Springfield, on be- for the term of four years. half of the National Association of State Depart- Michael William Cotter, of the District of Colum- ments of Agriculture; Timothy W. Warman, Amer- bia, to be Ambassador to the Republic of ican Farmland Trust, Washington, D.C.; John Turkmenistan. Hitchell, The Kroger Company, Cincinnati, Ohio, James E. Goodby, of the District of Columbia, for on behalf of the International Dairy Foods Associa- the rank of Ambassador during his tenure of service tion; Carroll Brunthaver, Sparks Companies, Inc., as Principal Negotiator and Special Representative of Memphis, Tennessee, on behalf of the National the President for Nuclear Safety and Dismantlement. Grain and Feed Association and the National Grain Victor Jackovich, of Iowa, to be Ambassador to Trade Council; Evans J. Plowden, Jr., Albany, Geor- the Republic of Slovenia. gia, on behalf of the American Peanut Shellers Asso- A. Elizabeth Jones, of Maryland, to be Ambas- ciation, Inc., Virginia-Carolina Peanut Association, sador to the Republic of Kazakhstan. and the Southwestern Peanut Shellers Association; John Raymond Malott, of Virginia, to be Ambas- Ben Smith, Tom’s Foods, Inc., Columbus, Georgia, sador to Malaysia. on behalf of the American Peanut Product Manufac- John K. Menzies, of Virginia, to be Ambassador turers, Inc.; Carlton Bert, Larned, Kansas, on behalf to the Republic of Bosnia and Herzegovina. of the American Alfalfa Processors Association; and June 13, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 721 Elmer Hillesland, Grand Forks Chamber of Com- vatization of the United States Enrichment Corpora- merce, Grand Forks, North Dakota. tion which provides domestic uranium enrichment Hearings were recessed subject to call. services, after receiving testimony from Charles B. APPROPRIATIONS—DEFENSE Curtis, Under Secretary of Energy; William H. Tim- bers, Jr., President and Chief Executive Officer, Committee on Appropriations: Subcommittee on Defense United States Enrichment Corporation; James held hearings on proposed budget estimates for fiscal Derryberry, J.P. Morgan Securities Inc., New York, year 1996 for the Department of Defense, focusing New York; Joe Colvin, Nuclear Energy Institute, on health programs, receiving testimony from Lt. Dale L. Alberts, Uranium Producers of America, and Gen. Alcide M. Lanoue, USA, Surgeon General of W. Howard Arnold, Louisiana Energy Services, all of the Army; Vice Adm. Donald F. Hagen, USN, Sur- Washington, D.C.; and James K. Phillips, Oil, geon General of the Navy; Lt. Gen. Edgar R. Ander- Chemical and Atomic Workers International Union, son, Jr., USAF, Surgeon General of the Air Force; Fairfax, Virginia. Brig Gen. Nancy Adams, Chief of Army Nurse Corps; Capt. Mary Gardner, USN, Deputy Director, AARP FINANCIAL AND BUSINESS Naval Nurse Corps; and Brig. Gen. (Sel) Linda J. PRACTICES Stierle, USAF, Director, Air Force Nursing Services. Committee on Finance: Subcommittee on Social Secu- Subcommittee will meet again on Tuesday, June rity and Family Policy held hearings to examine the 20. financial and business practices of the American As- NOMINATION sociation of Retired Persons (AARP), receiving testi- mony from Natwar M. Gandhi, Associate Director, Committee on Armed Services: Committee concluded Tax Policy and Administrative Issues, General Gov- hearings on the nomination of John P. White, of ernment Division, General Accounting Division; Massachusetts, to be Deputy Secretary of Defense, Paul S. Hewitt, National Taxpayers Union, and M. after the nominee, who was introduced by Senator Roy Goldberg, Galland, Kharasch, Morse and Kennedy, testified and answered questions in his Garfinkel, both of Washington, D.C.; and Mancur own behalf. Olson, Jr., University of Maryland, College Park. NOMINATION Hearings continue on Tuesday, June 20. Committee on Commerce, Science, and Transportation: TAX TREATIES Committee concluded hearings on the nomination of Roberta L. Gross, of the District of Columbia, to be Committee on Foreign Relations: Committee concluded Inspector General, National Aeronautics and Space hearings on the following treaties: Tax Convention Administration, after the nominee testified and an- With Sweden (Treaty Doc. 103–29), Tax Convention swered questions in her own behalf. With Ukraine (Treaty Doc. 103–30), Additional Protocol Modifying the Tax Convention With Mex- NASA’S MISSION TO PLANET EARTH ico (Treaty Doc. 103–31), Tax Convention With the Committee on Commerce, Science, and Transportation: Sub- French Republic (Treaty Doc. 103–32), Tax Conven- committee on Science, Technology, and Space con- tion With the Republic of Kazakhstan (Treaty Doc. cluded hearings to examine the status of the Na- 103–33), Tax Convention With the Portuguese Re- tional Aeronautics and Space Administration’s Mis- public (Treaty Doc. 103–34), and a Revised Protocol sion to Planet Earth program designed to better un- Amending the 1980 Tax Convention With Canada derstand and predict global climate change, after re- (Treaty Doc. 104–4), after receiving testimony from ceiving testimony from Senator Kyl; Charles Kennel, Senator Dorgan; Leslie B. Samuels, Assistant Sec- Associate Administrator, Mission to Planet Earth retary for Tax Policy, and Joseph H. Guttentag, Program, National Aeronautics and Space Adminis- International Tax Counsel, both of the Department tration; Al Watkins, Chief, National Mapping Divi- of the Treasury; Daniel M. Berman, International sion, United States Geological Survey, Department Tax Specialist, Joint Committee on Taxation, United of the Interior; Paul Smith, South Dakota School of States Congress; Robert H. Green, National Foreign Mines and Technology, Rapid City; Tommy Thomp- Trade Council, Inc., Washington, D.C.; and Richard son, Louisiana-Pacific Corporation, Calpella, Califor- M. Hammer, United States Council for International nia; and Richard Bowers and Wilson Orr, both of Business, New York, New York. Scottsdale, Arizona. UNITED STATES-JAPAN RELATIONS URANIUM ENRICHMENT Committee on Foreign Relations: Subcommittee on East Committee on Energy and Natural Resources: Committee Asian and Pacific Affairs concluded hearings on concluded hearings on S. 755, to provide for the pri- United States-Japan trade relations, focusing on the D 722 CONGRESSIONAL RECORD — DAILY DIGEST June 13, 1995 effects of U.S. sanctions on overall U.S./Japan rela- dation, Marcus Noland, Institute for International tions, the economic impact on U.S. business and Economics, Nathaniel B. Thayer, Nitze School of workers, and the future of the World Trade Organi- Advanced International Studies (Johns Hopkins Uni- zation, after receiving testimony from Senator Levin; versity), William A. Niskanen, Cato Institute, Rob- Stephen Ecton, Acting Deputy Assistant Secretary of ert E. Cole, Automotive Parts Advisory Committee, State for East Asian and Pacific Affairs; Ira S. Sha- Lee Kadrich, Automotive Parts and Accessories Asso- piro, Senior Counsel, Office of the United States ciation, and Clyde V. Prestowitz, Jr., Economic Trade Representative; and Joe Cobb, Heritage Foun- Strategy Institute, all of Washington, D.C. h House of Representatives Committee Election: House agreed to H. Res. 166, Chamber Action electing certain Members to standing committees. Bills Introduced: Sixteen public bills, H.R. Page H5776 1814–29; three private bills, H.R. 1830–32; and two resolutions, H. Con. Res. 74, and H. Res. 166, Presidential Message—Housing and Urban De- velopment: Read a message from the President were introduced. Page H5904 wherein he transmits the 29th annual report on the Reports Filed: Reports were filed as follows: Department of Housing and Urban Development— Supplemental report on H.R. 1062, to enhance referred to the Committee on Banking and Financial competition in the financial services industry by pro- Services. Page H5776 viding a prudential framework for the affiliation of banks, securities firms, and other financial service Recess: House recessed at 2:39 p.m. and reconvened providers (H. Rept. 104–127, Pt. 2); and at 3:33 p.m. Page H5782 H.R. 1817, making appropriations for military Department of Defense Authorization: House construction, family housing, and base realignment completed all general debate and began consideration and closure for the Department of Defense for the of amendments on H.R. 1530, to authorize appro- fiscal year ending September 30, 1996 (H. Rept. priations for fiscal year 1996 for military activities 104–137). Page H5904 of the Department of Defense, and to prescribe mili- Speaker Pro Tempore: Read a message from the tary personnel strengths for fiscal year 1996; but Speaker wherein he designates Representative Frisa came to no resolution thereon. Consideration of to act as Speaker pro tempore for today. Page H5759 amendments will resume on Wednesday, June 14. Recess: House recessed at 11:14 a.m. and recon- Pages H5764±76, H5782±H5892 Agreed To: vened at noon. Page H5764 The Dornan amendment that prohibits the spend- Committees To Sit: The following committees re- ing of funds authorized for the Cooperative Threat ceived permission to sit today during proceedings of Reduction program unless Russia terminates its of- the House under the five-minute rule: Committees fensive biological weapons program (agreed to by a on Agriculture, Banking and Financial Services, recorded vote of 244 ayes to 180 noes, Roll No. Commerce, Economic and Educational Opportuni- 369); and Pages H5870±74 ties, Government Reform and Oversight, Inter- The Spence en bloc amendment that provides as- national Relations, Judiciary, Resources, and Trans- sistance for chemical weapons stockpile communities portation and Infrastructure. Page H5764 affected by base closure; authorizes $15 million for Supplemental Report: It was made in order for the the cooperative development and demonstration of Committee on Banking and Financial Services to file processes that aid in the demilitarization and dis- a supplemental report on H.R. 1062, to enhance posal of munitions, rockets, and explosives; sets limi- competition in the financial services industry by pro- tations on overseas living quarters allowances; viding a prudential framework for the affiliation of privatizes the functions of defense reutilization and banks, securities firms, and other financial service marketing services; converts the civilian marksman- providers. Page H5776 ship program to a federally chartered nonprofit cor- Committee Resignation: Read a letter from Rep- poration; sets procedures for the determination of resentative McCarthy wherein she resigns from the whereabouts and status of missing persons; provides Committee on Small Business. Page H5776 separation benefits for officers of commissioned corps June 13, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 723 of National Oceanic and Atmospheric Administra- tee action the Energy and Water Development ap- tion; repeals the prohibition on payment of lodging propriations for fiscal year 1996. expenses when adequate government quarters are available; establishes policies concerning excess de- RESOLVING THE FHA MULTIFAMILY fense industrial capacity; authorizes a land convey- PORTFOLIO: HUD’S MARKET-TO-MARKET ance by the Secretary of the Army to the City of PROPOSAL Youngstown, Ohio; modifies the land conveyance of Committee on Banking and Financial Services: Sub- the naval weapons industrial reserve plant in committee on Housing and Community Opportunity Calverton, New York; authorizes a land exchange in held a hearing on ‘‘Resolving the FHA Multifamily Fort Lewis, Washington; and authorizes $60 million Portfolio: HUD’s ‘Market-to-Market’ Proposal.’’ Tes- for the Office of Economic Adjustment of the De- timony was heard from the following officials of the partment of Defense. Pages H5883±92 Department of Housing and Urban Development: Rejected the Kasich amendment that sought to Nicolas Retsinas, Federal Housing Commissioner, eliminate $533 million for advanced procurement of Assistant Secretary for Housing; and Susan Gaffney, additional B–2 bombers (rejected by a recorded vote Inspector General; Jim Wells, Assistant Director, of 203 ayes to 219 noes, Roll No. 370). Housing and Community Development issues, GAO; Pages H5874±83 and public witnesses. H. Res. 164, amended, the rule under which the bill is being considered was agreed to earlier by a FINANCIAL SERVICES COMPETITIVENESS recorded vote of 233 ayes to 183 noes, Roll No. ACT 368. Earlier, agreed to order the previous question Committee on Commerce: Subcommittee on Tele- on the rule and the Solomon technical amendment communications and Finance forwarded to the full by a yea-and-nay vote of 225 yeas to 191 nays, Roll Committee without recommendation H.R. 1062, Fi- No. 367. Pages H5764±76 nancial Services Competitiveness Act of 1995. Amendments Ordered Printed: Amendments or- OLDER AMERICANS ACT dered printed pursuant to the rule appear on page Committee on Economic and Educational Opportunities: H5905. Subcommittee on Early Childhood, Youth and Fami- Quorum Calls—Votes: One yea-and-nay vote and lies held a hearing on the Older Americans Act. Tes- three recorded votes developed during the proceed- timony was heard from Robert Martinez, Director, ings of the House today and appear on pages Aging Services, State of California; and public wit- H5774–76, H5873–74, and H5883. There were no nesses. quorum calls. STREAMLINING FEDERAL FIELD Adjournment: Met at 10:30 a.m. and adjourned at STRUCTURES 10:19 p.m. Committee on Government Reform and Oversight: Sub- committee on Government Management, Informa- Committee Meetings tion, and Technology held a hearing on Streamlining FARM BILL—AGRICULTURAL TRADE TITLE Federal Field Structures, Part 1. Testimony was Committee on Agriculture: Subcommittee on General heard from Wardell C. Townsend, Jr., Assistant Sec- Farm Commodities held a hearing on 1995 Farm retary, Administration, USDA; Shirley S. Chater, Bill—Agricultural Trade Title. Testimony was heard Acting Commissioner, SSA; George Rodriquez, Area from August Schumacher, Administrator, Foreign Coordinator, Department of Housing and Urban De- Agricultural Services, USDA; and public witnesses. velopment; and public witnesses. MILITARY CONSTRUCTION U.S. EXPORT COMPETITIVENESS IN THE APPROPRIATIONS; BUDGET ALLOCATION INFORMATION AGE: THE ROLE OF Committee on Appropriations: Ordered reported the GOVERNMENT Military Construction appropriations for fiscal year Committee on International Relations: Subcommittee on 1996. International Economic Policy and Trade held a The Committee also approved a Section 602(b) hearing on U.S. Export Competitiveness in the Infor- budget allocation report for fiscal year 1996. mation Age: The Role of Government. Testimony was heard from public witnesses. ENERGY AND WATER DEVELOPMENT APPROPRIATIONS COMPREHENSIVE ANTITERRORISM ACT Committee on Appropriations: Subcommittee on Energy Committee on the Judiciary: Concluded hearings on and Water Development approved for full Commit- H.R. 1710, Comprehensive Antiterrorism Act of D 724 CONGRESSIONAL RECORD — DAILY DIGEST June 13, 1995

1995. Testimony was heard from John Hay, Re- COMMITTEE MEETINGS FOR search Physicist, U.S. Bureau of Mines, Department WEDNESDAY, JUNE 14, 1995 of the Interior; and public witnesses. (Committee meetings are open unless otherwise indicated) OVERSIGHT Senate Committee on Resources: Private Property Rights Task Committee on Agriculture, Nutrition, and Forestry, business Force held an oversight hearing on Private Property meeting, to mark up S. 904, to provide flexibility to Rights. Testimony was heard from Representative States to administer, and control the cost of, the food Smith of Texas; Gail Phillips, Speaker of the House, stamp and child nutrition programs, 9 a.m., SR–332. Committee on Armed Services, to resume hearings on the State of Alaska; Melvin R. Brown, Speaker of the situation in Bosnia, 10 a.m., SD–106. House, State of Utah; and public witnesses. Committee on Banking, Housing, and Urban Affairs, to hold hearings on S. 648, to clarify treatment of certain ABOLISH CONSENT CALENDAR— claims and defenses against an insured depository institu- ESTABLISH CORRECTION CALENDAR tion under receivership by the Federal Deposit Insurance Corporation, 10 a.m., SD–538. Committee on Rules: Held a hearing on H. Res. 161, Committee on Energy and Natural Resources, business amending clause 4 of rule XIII of the Rules of the meeting, to consider pending calendar business, 9:30 House to abolish the Consent Calendar and to estab- a.m., SD–366. lish in its place a Corrections Calendar. Testimony Committee on Foreign Relations, Subcommittee on West- was heard from Representatives Vucanovich, Zeliff, ern Hemisphere and Peace Corps Affairs, to resume hear- McIntosh, Dingell, Collins of Illinois and Clinger; ings on S. 381, to strengthen international sanctions and public witnesses. against the Castro government in Cuba to develop a plan to support a transition government leading to a demo- COMMITTEE BUSINESS cratically elected government in Cuba, 10:30 a.m. and 2 p.m., SD–419. Committee on Standards of Official Conduct: Met in ex- Committee on the Judiciary, Subcommittee on Immigra- ecutive session to consider pending business. tion, business meeting, to resume markup of S. 269, to increase control over immigration to the United States by SUPERFUND REAUTHORIZATION AND increasing border patrol and investigator personnel, im- REFORM proving the verification system for employer sanctions, increasing penalties for alien smuggling and for document Committee on Transportation and Infrastructure: Sub- fraud, reforming asylum, exclusion, and deportation law committee on Water Resources and Environment and procedures, instituting a land border user fee, and to held a hearing on the reauthorization and Reform of reduce the use of welfare by aliens, 9:30 a.m., SD–226. the Comprehensive Environmental Response, Com- Committee on Labor and Human Resources, business meet- pensation and Liability Act of 1980 (Superfund). ing, to consider the nominations of Edmundo A. Testimony was heard from James Strock, Director, Gonzales, of Colorado, to be Chief Financial Officer, De- Department of Environmental Protection, State of partment of Labor, John D. Kemp, of the District of Co- lumbia, to be a member of the National Council on Dis- California; Russell J. Harding, Deputy Director, De- ability, and Clifford Gregory Stewart, of New Jersey, to partment of Natural Resources, State of Michigan; be General Counsel of the Equal Employment Oppor- and public witnesses. tunity Commission, and to mark up S. 143, to consoli- Hearings continue June 20. date Federal employment training programs and create a new process and structure for funding the programs, and EXPATRIATION TAX ACT proposed legislation relating to health centers consolida- tion, and child abuse prevention and treatment, 9:30 Committee on Ways and Means: Ordered reported a.m., SD–430. amended H.R. 1812, Expatriation Tax Act of 1995. Select Committee on Intelligence, to hold hearings on the nomination of George J. Tenet, of Maryland, to be Dep- CHILD SUPPORT ENFORCEMENT AND SSI uty Director of Central Intelligence, 2 p.m., SD–562. Committee on Ways and Means: Subcommittee on House Human Resources held a hearing on Child Support Enforcement and Supplemental Security Income. Committee on Agriculture, hearing on the 1995 Farm Bill—Agricultural Trade Title, 1:30 a.m., 1300 Long- Testimony was heard from Representatives Johnson worth. of Connecticut and Morella; Mary Jo Bane, Assistant Committee on Appropriations, Subcommittee on Agri- Secretary, Children and Families, Department of culture, Rural Development, Food and Drug Administra- Health and Human Services; Jane Ross, Director, In- tion, and Related Agencies, to mark up appropriations for come Security Issues, GAO; and public witnesses. fiscal year 1996, 9:30 a.m., 2362 Rayburn. June 13, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 725

Subcommittee on the District of Columbia, hearing on Subcommittee on Oversight and Investigations, hearing D.C. Finances, 3 p.m., H–144 Capitol. on Accreditation of Post-graduate Medical Education, 1 Subcommittee on National Security, hearing on Con- p.m., 2261 Rayburn. tingency Operations, 10 a.m., 2360 Rayburn. Committee on Government Reform and Oversight, Sub- Committee on Banking and Financial Services, Subcommit- committee on Civil Service, hearing on OPM Oversight: tee on Financial Institutions and Consumer Credit, to Federal Investigations Policy, 9:30 a.m., 2154 Rayburn. mark up H.R. 1362, Financial Institutions Regulatory Subcommittee on the Postal Service, to continue over- Relief Act of 1995, 10 a.m., 2128 Rayburn. sight hearings on the U.S. Postal Service, 10 a.m., 2247 Subcommittee on General Oversight and Investiga- Rayburn. tions, to meet for the purpose of issuing subpoenas for Committee on House Oversight, to consider pending busi- the upcoming hearings concerning the performance of the ness, 10 a.m., 1310 Longworth. RTC’s Professional Liability Program, 5 p.m., 2220 Ray- Committee on the Judiciary, to mark up H.R. 1710, burn. Comprehensive Antiterrorism Act of 1995, 9:30 a.m., Subcommittee on Housing and Community Oppor- 2141 Rayburn. tunity, hearing on D.C. Housing and Community Devel- Committee on Resources, to consider H.R. 1901, to im- opment Issues, 10 a.m., 2237 Rayburn. prove the National Park System in the Commonwealth of Virginia, 11 a.m., 1324 Longworth. Committee on Commerce, Subcommittee on Commerce, Committee on Science, Subcommittee on Basic Research, Trade, and Hazardous Materials, to mark up H.R. 1062, to mark up the following measures: NSF Authorization Financial Services Competitiveness Act of 1995, 9:30 Act; and United States Fire Administration Authorization a.m., 2123 Rayburn. Act, 9:30 a.m., 2318 Rayburn. Subcommittee on Health and Environment, to mark Committee on Transportation and Infrastructure, to mark up the Ryan White CARE Act Amendments of 1995, 2 up the following bills: H.R. 1788, Amtrak Reform and p.m., 2123 Rayburn. Privatization Act of 1995; and H.R. 714, Illinois Land Committee on Economic and Educational Opportunities, to Conservation Act of 1995, 10 a.m., 2167 Rayburn. mark up H.R. 1176, to nullify an executive order that Committee on Ways and Means, Subcommittee on Trade, prohibits Federal contracts with companies that hire per- to mark up the following: H.R. 541, Atlantic Tunas manent replacements for striking employees, 9:30 a.m., Convention Act of 1995; and Trade Technical Correc- 2175 Rayburn. tions, 10 a.m., 1100 Longworth. D 726 CONGRESSIONAL RECORD — DAILY DIGEST June 13, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Wednesday, June 14 10 a.m., Wednesday, June 14

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program For Wednesday: Continue consideration of morning business (not to extend beyond 9:30 a.m.), Sen- H.R. 1530, National Defense Authorization Act for fiscal ate will continue consideration of S. 652, Telecommuni- year 1996. cations Competition/Deregulation Act, with votes on the pending amendments and on a motion to close further debate on the bill to occur thereon.

Extensions of Remarks, as inserted in this issue

HOUSE Gekas, George W., Pa., E1228 Radanovich, George P., Calif., E1228 Gillmor, Paul E., Ohio, E1228, E1230 Richardson, Bill, N. Mex., E1231 Ackerman, Gary L., N.Y., E1231 Hansen, James V., Utah, E1228 Schroeder, Patricia, Colo., E1231 Baker, Bill, Calif., E1231 Lofgren, Zoe, Calif., E1230 Shaw, E. Clay, Jr., Fla., E1228 Coble, Howard, N.C., E1232 Mineta, Norman Y., Calif., E1229 Solomon, Gerald B.H., N.Y., E1227, E1230 Deutsch, Peter, Fla., E1227 Montgomery, G.V. (Sonny), Miss., E1232 Weldon, Curt, Pa., E1227, E1230 Forbes, Michael P., N.Y., E1227, E1230 Peterson, Collin C. Minn., E1229 Zimmer, Dick, N.J., E1232

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