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

Vol. 142 WASHINGTON, WEDNESDAY, JUNE 19, 1996 No. 91 House of Representatives

The House met at 10 a.m. and was come forward and lead the House in the affordability for the American people. called to order by the Speaker pro tem- Pledge of Allegiance. That bill was not allowed on the floor pore [Mr. COLLINS of Georgia]. Mr. BROWN of Ohio led the Pledge of in 1992 by the then majority Democrat f Allegiance as follows: leadership. As Members know, we have struggled DESIGNATION OF SPEAKER PRO I pledge allegiance to the Flag of the United States of America, and to the Repub- with this question of health care for TEMPORE lic for which it stands, one nation under God, some time. We have passed through the The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. House a bill that ensures affordability, fore the House the following commu- f ensures portability, and offers to 40 nication from the Speaker: million Americans the health care sav- WASHINGTON, DC, MESSAGE FROM THE SENATE ings account. The people who would June 19, 1996. A message from the Senate by Mr. take advantage of these are the self- I hereby designate the Honorable MAC COL- Lundregan, one of its clerks, an- employed and employees of small busi- LINS to act as Speaker pro tempore on this day. nounced that the Senate had passed ness, people who would have an oppor- NEWT GINGRICH, without amendment a bill of the House tunity to buy the most rational insur- Speaker of the House of Representatives. of the following title: ance possible for themselves by their f H.R. 3029. An act to designate the United own choosing, get a tax credit for put- States courthouse in Washington, District of ting money in a savings account with PRAYER Columbia, as the ‘‘E. Barrett Prettyman which to deal with the deductible and The Chaplain, Rev. James David United States Courthouse.’’ incidental medical expenses, and an Ford, D.D., offered the following pray- The message also announced that ability to do something for themselves er: pursuant to Public Law 85–874, as on their own health care. When we see violence in any form, O amended, the Chair, on behalf of the That bill is under consideration in God, we cringe and are appalled. And President of the Senate, appoints the the other body and is stopped by one when we see violence against our Senator from Wyoming [Mr. SIMPSON] Senator and one Senator alone, from places of worship, we can despair and to the Board of Trustees of the John F. Massachusetts, who apparently does lose hope for there is madness about. Kennedy Center for the Performing not like freedom and would only have Yet, O loving and gracious God, You Arts. the Americans do what they please if it would have all people of good will per- f is mandated. severe in peace and be open to the heal- f ing and reconciliation that builds com- ANNOUNCEMENT BY THE SPEAKER munity and respect. May Your Spirit, PRO TEMPORE ANNOUNCEMENT BY THE SPEAKER O God, that can accomplish what we The SPEAKER pro tempore. The PRO TEMPORE cannot, be with those who hurt and Chair will receive fifteen 1-minutes on The SPEAKER pro tempore. The may each person speak and work and each side. Chair would remind Members they give in ways that promote justice and f should not refer to Members of the peace. Amen. other body by name or in an identifi- f REPUBLICAN HEALTH CARE RE- able way. THE JOURNAL FORM BLOCKED IN THE SENATE f BECAUSE IT DOES NOT RELY ON The SPEAKER pro tempore. The GOVERNMENT MANDATES CONSUMERS UNION WEIGHS IN Chair has examined the Journal of the (Mr. ARMEY asked and was given AGAINST MEDICAL SAVINGS AC- last day’s proceedings and announces COUNTS to the House his approval thereof. permission to address the House for 1 Pursuant to clause 1, rule I, the Jour- minute and to revise and extend his re- (Ms. DELAURO asked and was given nal stands approved. marks.) permission to address the House for 1 f Mr. ARMEY. Mr. Speaker, in 1992 the minute and to revise and extend her re- House Republicans, working with marks.) PLEDGE OF ALLEGIANCE President Bush, put together an excel- Ms. DELAURO. Mr. Speaker, in fact, The SPEAKER pro tempore. Will the lent health care bill designed to ad- we do want to have portable and secure gentleman from Ohio [Mr. BROWN] dress the questions of portability and health insurance for people, and we

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.

H6513 H6514 CONGRESSIONAL RECORD — HOUSE June 19, 1996 want to have insurance companies pro- for 1 minute and to revise and extend picked up the Hill and read that the hibited from not insuring folks for his remarks.) Speaker of the House is giving me cred- their preexisting conditions. But let Mr. BROWN of Ohio. Mr. Speaker, I it for launching the Republican budget me tell the Members, under the banner had planned to hold up a toy assault with my face. I want to thank him, but of reform, what the congressional ma- weapon when I spoke today on the I cannot take credit. jority has done to the health care bill. House floor. House rules suggest I not Everybody wondered how the Repub- Do not take my word for it, take the do so. licans got the last four votes on this word of Consumers Union. Consumers This toy gun was made in China. It is Republican budget that they launched, Union produces the Consumer Reports only a toy. But the 2,000 assault weap- because this Republican budget in- that advise us on buying an auto- ons that the U.S. attorney in San Fran- creases the deficit from this year, next mobile, an appliance, and not to buy a cisco found last month were not toys. year, and the next year. It is a disaster. lemon. Let me tell the Members what They were the real thing, smuggled in It’s a ship that should be sunk, not they say about medical savings ac- by the Chinese Government or a com- launched. counts, which is holding up the health pany controlled by the Chinese Govern- Mr. Speaker, when the Republicans care reform bill: ment. It is sometimes hard to tell the counted the votes, they did not have The inclusion of the Republican MSA pro- difference when you are dealing with a them, so they had to keep the voting posal in the Kassebaum-Kennedy bill makes Communist country that uses slave machine open for a very long time the legislation worse than a wash for con- labor. while they pressured their Members to sumers. It takes us backward in our efforts to make health insurance accessible and af- The assault weapons in California change. The Speaker said he did not fordable. kill people. Those toys made by the have to work at all, that their four MSA’s are a time bomb. They turn the Chinese in Chinese slave labor camps changers very willingly came down very principle of insurance on its head. In- kill jobs, American jobs. The trade def- here and changed when they saw my stead of pooling resources, they help healthy icit with China is $34 billion a year and face. That is fairly incredible, because people accumulate wealth. growing. Before long it will be greater I was not here. I was one of the first to I ask Members to be on their guard than the deficit we have with Japan. vote, went home, and was watching the and oppose the MSA’s. MFN, most-favored-nation status, is vote on C–SPAN, so I have something f not fair to American workers. Kill over Helen of Troy. If the Speaker is HEALTH CARE REFORM: COMMON- MFN. right, they can beam my face right SENSE ANSWERS FOR AMERI- f back in here from C–SPAN even if I’m absent. CA’S HEALTH CARE NEEDS THE NEA MUST GO f (Mrs. KELLY asked and was given (Mr. FUNDERBURK asked and was permission to address the House for 1 given permission to address the House MEDICAL SAVINGS ACCOUNTS ARE minute and to revise and extend her re- for 1 minute and to revise and extend NEW APPROACH WITH PROVEN marks.) his remarks.) TRACK RECORD Mrs. KELLY. Mr. Speaker, I rise Mr. FUNDERBURK. Mr. Speaker, (Mr. BALLENGER asked and was today to encourage our colleagues to here we go again. The NEA insists on given permission to address the House join me in calling on the Senate to pass offending American families. Freshman for 1 minute and to revise and extend our commonsense health care reforms Republicans tried to eliminate tax- his remarks.) now. These are reasonable changes like payer funding for the National Endow- Mr. BALLENGER. Mr. Speaker, med- portability, affordability, and most of ment for the Arts, in part because tax- ical savings accounts have become a all, accessibility. payers should not have to subsidize art focal point for this whole debate over Portability is within this Congress’ which blatantly offends the religious grasp. And here our reforms can end the health care reform. MSA’s are a beliefs and family values of most job lock, giving tens of thousands of new approach, but they do have a prov- Americans the opportunity to main- Americans. As Bob Dole puts it, most en track record. tain their health care coverage, with- people know the difference between A recent study by researchers at out sacrificing their careers. Mapplethorpe and Michelangelo. Cleveland State University prove the Second, by allowing individuals tax- Now the NEA has crossed the lines effectiveness of MSA’s. They studied 27 free medical savings accounts, expand- again with a debut this Sunday of the Ohio firms of less than 200 employees. ing the health insurance deduction for ‘‘Watermelon Woman’’ film at the New The average employee had lower out- the self-employed and introducing tax York Lesbian and Gay Video and Film of-pocket costs—as much as $1,355 per incentives to promote long-term care Festival. The film is described in the family. The firms themselves saved an coverage, we are helping people help Washington Times as ‘‘black lesbian average of 12 percent a year without themselves. quirky, steamy, and taxpayer funded.’’ passing on the savings to their employ- But finally, Mr. Speaker, this Con- The Times goes on to quote Edmond ees. gress has the opportunity to end the Peterson, chairman of Project 21, an Mr. Speaker, as of last year, 17 preexisting conditions exclusion, which organization of conservative blacks, States have passed MSA laws, another keeps more than 20 million Americans saying: ‘‘This is a classic example of 11 are considering them, and another 11 from the coverage they need. the Clinton administration being in have called on Congress to enact One of these is, in fact, one of my bed with the gay-lesbian movement MSA’s. Even the United Mine Workers own family. They have a full time job and funding a project through tax dol- offers MSA’s to its members. Let us and pay their taxes. Yet, because of a lars that cannot get funded any other join the trend toward serious, workable condition that they developed, they way.’’ health care reform; let us follow the cannot secure the health care coverage Mr. Speaker, it is a free country and lead of the States and enact the kind of that they need and want. people can make any kind of trash they reforms that have a proven track I can assure you, Mr. Speaker, that want, but taxpayers should not have to record. when we cast our final votes on this pay for it. It is time we cut off funding f package, it will be these three com- for the NEA. CALL GHOSTBUSTERS FOR monsense reforms, portability, afford- f AIRLINE SAFETY ability, and accessibility, that will be A MODERN-DAY HELEN OF TROY foremost in the minds of all Ameri- (Mr. TRAFICANT asked and was cans. (Mrs. SCHROEDER asked and was given permission to address the House f given permission to address the House for 1 minute and to revise and extend for 1 minute and to revise and extend his remarks.) GRANTING MFN TO CHINA NOT her remarks.) Mr. TRAFICANT. Mr. Speaker, be- FAIR TO AMERICAN WORKERS Mrs. SCHROEDER. Mr. Speaker, fore the ValuJet crash, an FAA inspec- (Mr. BROWN of Ohio asked and was Helen of Troy supposedly launched tor said that ValuJet is an accident given permission to address the House many ships with just her face. Today I waiting to happen. It is so bad, she June 19, 1996 CONGRESSIONAL RECORD — HOUSE H6515 said, that neither she nor her family own doctor. That means less choice and wetlands, and refuges. No surprise, be- would ever fly on ValuJet. But after continually rising premiums. cause Bob Dole’s campaign manager is the crash, a DOT spokesman said Once again, Republicans demand that a lawyer representing the biggest sub- ValuJet is completely safe. It is per- seniors pay more and more and get less sidized growers and polluters in our fectly OK. and less. Once again, seniors will pay State. Yesterday, after a Three-Stooges- for the tax cuts for the well off. This This is Bob Dole’s scorched Earth type soap opera, the Government, who plan was never intended to improve campaign for California’s environment, has been speaking out of both sides of Medicare. As Speaker GINGRICH has al- designed by lawyers, lobbyists, and spe- their mouth on the ValuJet incident, ready said, this plan is intended to see cial interests. It will be rejected by did the following thing. They grounded Medicare wither on the vine. It is still California voters because Bob Dole is ValuJet as unsafe, and they threw the a bad deal for America’s seniors. no friend of our environment. top safety man, Tony Broderick, to the f f wolves. Beam me up, Mr. Speaker. It is evi- b 1015 WHAT IS THREATENING ABOUT MEDICAL SAVINGS ACCOUNTS? dent after this soap opera that the only PRIVACY RIGHTS AND FILEGATE call the flying public can make is to (Mr. BARTLETT of Maryland asked Ghostbusters, because the FAA is out (Mr. CHABOT asked and was given and was given permission to address to lunch with a bunch and the DOT has permission to address the House for 1 the House for 1 minute and to revise gone for soup with the group. Think minute.) and extend his remarks.) about it. Mr. CHABOT. Mr. Speaker, when the Mr. BARTLETT of Maryland. Mr. privacy rights of American citizens are f Speaker, taking power and influence in jeopardy, partisan politics has no out of the hands of bureaucrats in WHEN ARE WE GOING TO HEAR place. Washington and returning it to the THE TRUTH ABOUT THE FBI That is why I stood up to Members of America people is something the Amer- FILEGATE SCANDAL? my own party in fighting against giv- ican people want and that the Congress (Mr. HEFLEY asked and was given ing the FBI more leeway to conduct is trying to provide. permission to address the House for 1 warrantless wiretaps. I have opposed Medical savings accounts, MSA’s, are minute and to revise and extend his re- the so-called digital telephony scheme one way to return power and influence marks.) which would have expanded the FBI’s over health insurance to individuals. Mr. HEFLEY. Mr. Speaker, in order power to eavesdrop on American With an MSA, you do not need any- to help me and the American people de- homes. And I have taken on Members one’s permission to spend money on cipher the police state tactics of the of my own party when I fought against health care. It is your money to spend FBI files scandal, I tried to figure out the odious 1–800–BIG–BROTHER em- or save as you see fit. what an innocent bureaucratic mistake ployee computer registry plan. With an MSA, you do not have to was. I thought it might help to look up Thus, I am absolutely astounded by worry about losing your health care in- the word ‘‘innocent’’ in the dictionary. some of the political professionals in surance if you switch jobs or lose your Webster’s New Collegiate Dictionary this town who have rushed blindly to job—your MSA is yours and it goes states that the word ‘‘innocent’’ has defend the White House on this FBI file with you. That is true portability. the following definition: free from guilt scandal. There is no excuse for White With an MSA, you do not have to through lack of knowledge. House operatives to rummage through worry about the potential for ruinous Mr. Speaker, this really did not help, the private FBI background files of po- out-of-pocket costs. Out-of-pocket because how could anyone realistically litical opponents. None. People who costs are limited to the amount of the have a lack of knowledge that all of sacrifice all dignity in order to help the deductible; and catastrophic insurance the names in the files in question were White House Stonewall and on filegate kicks in with full coverage after that. Republican White House personnel? lose any right to call themselves civil With an MSA, the power and influ- Certainly the White House should libertarians. It is disgraceful and they ence over health care spending is in the know our former Secretary of State should be ashamed. hands of the individual Americans who James Baker, who was on the list, is f choose to have an MSA to pay for their not really a security risk. health care. DOLE’S ANTIENVIRONMENT Mr. Speaker, my colleagues and I ask Why is this power and influence for RECORD just one thing of the Clinton White individuals so threatening? House with regard to the new FBI (Mr. MILLER of California asked and One person should not deny millions Filegate scandal. It is the same ques- was given permission to address the of Americans reform, including MSA’s, tion we have asked with so many of the House for 1 minute and to revise and that will make health insurance more scandals down at this White House: extend his remarks.) portable and affordable. When are we going to hear the truth? Mr. MILLER of California. Mr. f f Speaker, Bob Dole’s first campaign swing through California had a chilling TRIBUTE TO 1996 TOSHIBA/NSTA ANOTHER REPUBLICAN message for every voter who cares EXPLORAVISION AWARDS PRO- DISMANTLING OF MEDICARE about the environment. GRAM (Mr. OLVER asked and was given Bob Dole endorsed Governor Wilson’s (Mr. BROWN of California asked and permission to address the House for 1 Ward Valley nuclear dump, although was given permission to address the minute and to revise and extend his re- the bankrupt developer has yet to build House for 1 minute.) marks.) a radioactive waste facility without se- Mr. BROWN of California. Mr. Speak- Mr. OLVER. Mr. Speaker, as Yogi rious safety problems. er, this Friday, more than 40 students Berra once said, it is deja vu all over Bob Dole endorsed the $2 billion Au- will come to our Nation’s Capital to re- again: another Republican dismantling burn Dam for Sacramento Valley de- ceive top honors in the 1996 of Medicare; a little smaller than be- velopers, situated smack on top of an ExploraVision Awards Program, spon- fore, but just as unnecessary, and still earthquake fault, ignoring a cheaper sored by Toshiba and administered by a bad policy. Doctors can charge thou- and more environmentally safe flood the National Science Teachers Associa- sands of dollars in bills that Medicare control alternative. tion [NSTA]. will not cover; hospitals are cutting Bob Dole endorsed logging of a giant The ExploraVision Awards Program even more than before, and these cuts, ancient, redwood forest in violation of is the largest K–12 student science along with the Republicans’ Medicaid the Endangered Species Act to benefit competition in the world. The competi- cuts, will close many rural hospitals in a giant timber corporation. tion asks students to work in teams to districts all over this country. Seniors And Bob Dole embraced subsidized use their imaginations to envision are still herded into managed care agribusinesses who refuse to share what technology will be like 20 years plans where they cannot choose their water with California cities, fisheries, from now. H6516 CONGRESSIONAL RECORD — HOUSE June 19, 1996 As a longstanding member of the ferred the production of half of those allow health care providers to bill sen- House Science Committee, I have tail sections to Xi’an, China, where iors more now than they are for cur- worked hard to improve science edu- workers make $50 a month on these rent services paid for by Medicare. So, cation in this country. high-technology jobs, thereby taking in other words, not only are we going The competition is just one great ex- jobs from the American worker that to cut Medicare but seniors are going ample of a successful business-edu- are high-technology. to have to pay more for services that cation partnership that encourages In addition to that, if you wish to have been provided by Medicare. The students to pursue careers in science. I sell into the Chinese market, you must Gingrich plan would weaken the provi- have been supporting this outstanding build a factory there and then turn sion, thereby opening the door for program since its launch in 1992. over your technology plans to some in- higher out-of-pocket expenses for our The ExploraVision Awards give stu- stitute there which then passes it seniors. dents the opportunity to identify fu- around among the Chinese where you The Republican majority’s first pri- ture technological needs and develop have now created your competitors. ority is tax cuts, even though they in- the kind of technological thinking our This is a very important issue, Mr. crease the deficit. Then they want to society needs in order to meet the chal- Speaker. If intellectual property is a $2 cut Medicare, education, and all the lenges of the future. to $3 billion loss, this is over a $100 bil- rest in order to pay for it. These are I am proud to recognize the achieve- lion loss. It does harm to the American not the priorities of the American peo- ments of this year’s winners and proud worker and steals America’s economic ple. to be the honorary cochairperson of the future. f 1996 ExploraVision Awards weekend. f THE RIGHT CHOICE TO SAVE f ROBBING OUR UNION EMPLOYEES MEDICARE CLINTONOMICS (Mr. KNOLLENBERG asked and was (Mr. HAYWORTH asked and was (Mr. KINGSTON asked and was given given permission to address the House given permission to address the House permission to address the House for 1 for 1 minute and to revise and extend for 1 minute and to revise and extend minute and to revise and extend his re- his remarks.) his remarks.) marks.) Mr. KNOLLENBERG. Mr. Speaker, Mr. HAYWORTH. Mr. Speaker, hear- Mr. KINGSTON. Mr. Speaker, today I employees have a right to know why ing my dear friend from Texas reminds submit the latest ‘‘Say what, Mr. their hard-earned money is being taken me of that great country and western President?’’ and the credit goes to Clin- out of their pockets and being used by song entitled ‘‘That’s my story and I’m ton appointee Richard Rominger who union leaders. They also deserve the sticking to it.’’ The same tired old bro- last night proclaimed to the Georgia right to stop it if they choose. mides based on fear and not on facts Farm Bureau that, and I quote, ‘‘Dur- Why would anyone oppose legislation still exist within the liberal minority. ing this administration, the national which gives workers the right to know I daresay what we fail to hear from debt has fallen $15,000 per family of where their money is going? Because it that microphone is the stunning re- four.’’ is a cash cow. ality that the bipartisan trustees of ‘‘How so?’’ asks our numbers-crunch- AFL–CIO President John Sweeney the Medicare trust fund told us not 2 ing colleague, MAC COLLINS, because publicly vowed his union’s intention to weeks ago that if we fail to act, Medi- the national debt has risen steadily spend $35 million to fund campaign and care, as we know it, goes broke in 5 during this administration. political activities—$35 million right years, quite possibly in 4. ‘‘Well,’’ answered a shameless out of the pockets of rank and file The key difference is this, Mr. Speak- Rominger, ‘‘the annual deficit had been union members. er: When we get past the name calling rising and since it is not rising as More than 62 percent of these hard- and the playground taunts, those of us much, the $15,000 represents the addi- working men and women said in a poll in the new majority are willing to tional amount saved had it kept ris- that they do not approve. They do not work to govern, to save, preserve, pro- ing.’’ want their dues going to campaign and tect, and improve a program for the Let me put that in English. I weigh political purposes. next generation, while our dear liberal 170 pounds. I have never weighed 190 And most did not even know about friends are so willing to abandon re- pounds. But according to Clintonomics, President Sweeney’s political attack ality they are thinking only of the I lost 20 pounds if I add up all the sun- with their hard-earned money. next election. The American people daes and desserts that I have said ‘‘no’’ We need to stop this ripoff and give will make the right choice. to. our hard-working families a break. f Ladies and gentlemen, that is There is a way. Support the Worker HEALTH CARE REFORM Clintonomics. It is like an Oliver Stone Right-To-Know Act. movie—it is exciting, it is entertain- f (Mr. WYNN asked and was given per- ing, but it is not based on reality. mission to address the House for 1 MEDICARE OVERBILLING f minute and to revise and extend his re- (Mr. GENE GREEN of Texas asked marks.) HIGH-TECHNOLOGY JOBS BEING and was given permission to address Mr. WYNN. Mr. Speaker, this morn- TRANSFERRED TO CHINA the House for 1 minute and to revise ing I would like to talk about health (Ms. PELOSI asked and was given and extend his remarks.) care, because Americans want health permission to address the House for 1 Mr. GENE GREEN of Texas. Mr. care and they want health care reform. minute.) Speaker, the House Republican plan on Interestingly enough, there is bipar- Ms. PELOSI. Mr. Speaker, soon we Medicare calls for $168 billion in cuts in tisan support for health care reform, will be voting on the President’s spe- the growth, as they say. They say they reforms which would provide port- cial request for a waiver for most-fa- need to cut this much in order to save ability, which is the right of a person vored-nation status for China. I am Medicare, but the President’s budget to transfer their health insurance when here today to talk about one of the saves Medicare for $44 billion less in they change jobs, and also a provision myths that has been circulated, and the cuts in growth. that would ban prohibitions against that is that most of the jobs that we Perhaps this is the Republican ma- preexisting conditions, so if their child are losing to China are low-technology jority way of paying for financially ir- has asthma, they can still get health jobs. Indeed, one of the greatest as- responsible tax cuts. These are the care. There is bipartisan support in saults on the American worker is being same tax cuts that increase the deficit both houses. made right now with the transfer of for the next 2 years. We will not hear We ought to pass it because the technology to China. For example, Boe- that from that microphone over there. American people want it. But why do ing used to make all of its tail sections But there is more. In the Speaker we not pass it? Because the Republican for the 737 in Wichita, KS. Now, in the Gingrich House Republican Medicare majority wants to overreach again. last couple of years, they have trans- plan there is a provision that would They want medical savings accounts. June 19, 1996 CONGRESSIONAL RECORD — HOUSE H6517 Mr. Speaker, the American people ecute. But all we can hear is about the The reality will mean in many in- are not asking for medical savings ac- ghost of the personnel files. The reason stances the hospitals that depend heav- counts. Medical savings accounts sound is because they do not want to talk to ily on Medicare and Medicaid may have good, but actually they only work for us about the Medicare cuts. There is a to close. So the reality of cutting so se- the wealthy and the healthy. Those $1,000 increase with the Republican verely does not protect for the future. people who are poor, those people who plan on seniors by the year 2002. It denies opportunity. Also, what are middle class, those people who are Listen, America, forcing hospitals to should be the expectation for us as we sick will face rising premiums as the close, already hospitals have closed in look for Medicare and the security in healthy and the wealthy get out of the neighborhoods in New York and they the future? It means we need to come health insurance pool. are closing in rural communities across together as bipartisan and to under- That is why medical savings ac- the Nation because of the cuts in Medi- stand there are ways to protect but not counts are not a good idea. Let us put care. What Americans need most is necessarily cut and be extreme. that idea on hold. Let us pass what the good health care. For our seniors in Mr. Speaker, there are ways in which American people want, which is health particular, we need hospitals open and we can help the citizens who need help care reform. That is why Republicans with lower cost. Yes; rather than try- now and to protect in the future. It re- are bad managers, because they cannot ing to fix the Medicare trust fund with quires us not to be extreme. It requires see the forest for the trees. reasonable responses and cuts in abuse us to think about the poor as we think f and fraud, the Republicans want to get about the rich. Mr. Speaker, we can do a large cut so that they can give tax better than this. THE 100TH BIRTHDAY OF cuts to the wealthy. f LAWRENCE WESTERMAN Stop with the ghost of Halloween and THE ENERGY STANDARD (Mr. FLANAGAN asked and was let us put a good Medicare plan on the table and provide health care for sen- given permission to address the House (Mr. GILLMOR asked and was given iors and Americans across the Nation. for 1 minute and to revise and extend permission to address the House for 1 his remarks.) f minute and to revise and extend his re- Mr. FLANAGAN. Mr. Speaker, I rise MEDICAL SAVINGS ACCOUNTS marks.) today in recognition of the 100th birth- Mr. GILLMOR. Mr. Speaker, today (Mr. CHRYSLER asked and was given the House will debate the interior ap- day of Mr. Lawrence Westerman, a permission to address the House for 1 former resident of Chicago. It is appro- propriations bill. While I support many minute.) of the provisions of this bill, I do have priate that we celebrate Mr. Mr. CHRYSLER. Mr. Speaker, last serious concerns in at least one area. Westerman’s 100 years of life and recog- week, the Marketing Research Insti- Nearly 20 years ago, Congress asked nize his years of service to our great tute released a poll of 1,000 workers Nation as we prepare to celebrate Inde- across the Nation on their opinions on the Energy Department to set energy pendence Day. health care issues. efficiency standards for home appli- Mr. Westerman was born on January This poll found that 87 percent of the ances. This was an effort to stem the 14, 1896, in Chicago, IL, of German im- respondents wanted Congress to enact unnecessarily rapid rate of energy con- migrant parents. A World War I vet- medical savings accounts. sumption in this country. By establish- eran who enlisted in the Illinois Na- But now, all of a sudden, MSA’s have ing national standards for everyone to tional Guard on June 16, 1916, Mr. become a partisan issue with liberal use, a valuable measuring stick was Westerman was commissioned as a sec- Democrats. They have effectively shut created to permit manufacturers to ond lieutenant and, 2 years later, was down health care reform over this and commit time, investment and engi- promoted to first lieutenant and sent other issues where there is widespread neering resources. However, this was to France to serve in the 33d Division. bipartisan support. all placed on hold in our spending bill In August of 1918, Mr. Westerman was At the State level, MSA’s have been in 1996 which put a moratorium on severely wounded while defending our passed by legislatures and signed by rulemaking. Nation and, accordingly, was awarded Governors of both parties. In every While I have never been one to sup- the Purple Heart. Interestingly, Mr. State where MSA’s have been passed, port increased regulation, this issue Speaker, Mr. Westerman may be the they passed with overwhelming biparti- should have been handled better. Con- oldest recipient of this heroic award. san majorities. In five States, MSA’s gress ought not be in the business of We should take this time to person- were passed by both Chambers unani- artificially manipulating a steady mar- ally wish Mr. Westerman a belated mously. We have pilot programs. ket once it is established. Yet this is happy birthday and also to thank him Mr. Speaker, it is a shame the liberal exactly what the appropriations bill re- for his superior dedication and unwav- Democrats here in Washington have re- port language purports to do. ering commitment to our great coun- sorted to obstructionism. They have no Second, the issue of energy standard try. Mr. Westerman, thank you and we new ideas, they have no positive agen- should be dealt with through the Com- wish you all the best. da, and all they can do is stand in the mittee on Commerce, the committee of jurisdiction. What the committee is at- f way and throw up road blocks to seri- ous health care reforms that are popu- tempting to do is to interfere in the b 1030 lar with the American people. economic marketplace. MEDICARE VERSUS PERSONNEL f f FILES DOING BETTER ON HEALTH CARE THE INTERIOR APPROPRIATIONS (Ms. JACKSON-LEE of Texas asked (Mrs. CLAYTON asked and was given BILL and was given permission to address permission to address the House for 1 (Mr. DICKS asked and was given per- the House for 1 minute and to revise minute and to revise and extend her re- mission to address the House for 1 and extend her remarks.) marks.) minute and to revise and extend his re- Ms. JACKSON-LEE of Texas. Mr. Mrs. CLAYTON. Mr. Speaker, we marks.) Speaker, this is the month of June, but should indeed ask ourselves what are Mr. DICKS. Mr. Speaker, I rise today I do not know, some of us may be the implications of this Medicare dis- in strong opposition to the so-called thinking it is Halloween. The reason is cussion. Are they the realities my col- Riggs amendment. In the full commit- because it seems that the Republicans leagues on the other side say? Well, the tee, on the Appropriations Committee, want to play around with the ghost of realities of cutting $168 million from we took up the Interior appropriations the personnel files in the White House. rural America in the State I come from bill. After last year, I think all of us Already the White House has indicated will mean that many of my senior citi- learned that we should be very careful that there was no wrong intended. zens will have to pay more for their about extraneous riders to that bill. They have got a new director. The spe- premium. The reality will mean that But the gentleman from California cial prosecutor Kenneth Starr says they will be forced into health care [Mr. RIGGS] decided to offer an amend- there is nothing to investigate or pros- plans where they have no option. ment that would knock out a crucial, H6518 CONGRESSIONAL RECORD — HOUSE June 19, 1996 critical habitat designation under the It was only after 3 years of hard work Now, those on the other side said, Endangered Species Act for some im- by President Clinton and the Demo- well, let us have the Government take portant marbled murrelet habitat in crats that we succeeded in reducing the over and run our health care system. northern California. Reagan and Bush deficits from $290 bil- Let the bureaucrats do it, they can do I urge the House today to support my lion a year to $130 billion. And now, a better job. Well, the people spoke amendment, which will be offered as an Mr. Speaker, Republican leaders want loud and clear 2 years ago and said amendment to strike this provision, to take us back to the borrow-and- they do not want the Government run- section 116, when the bill is considered spend policies which put us in this defi- ning health care. They want more later today. There is a way to deal with cit hole in the first place. choice, more freedom, more affordable this problem for the company in Cali- By now it should be crystal clear health care. fornia that I know Congressman RIGGS that the only things the Republican Well, we have an agreement between is concerned about, and that is to get Party cares about are giving tax the House and Senate to make health that company to do a multispecies breaks to the wealthy and more money care more affordable, making it easier habitat conservation plan under the to the Pentagon. for small businesses to ban together, Endangered Species Act. That is the Mr. Speaker, let’s face it. The Con- pool their employees, get better, more proper way to proceed, not with this tract on America was nothing more affordable rates. Medical savings ac- rider. than the vehicle by which the Repub- counts provide choice, allowing con- f lican Party delivered Government sumers to be rewarded for making bet- JUNETEENTH DAY handouts to defense contractors and ter choices, being able to work with junk bond dealers, period. their own physician and save money, (Mr. SOUDER asked and was given f which is the bottom line. permission to address the House for 1 Mr. Speaker, we want to bring about minute and to revise and extend his re- REPUBLICAN HEALTH CARE real health care reform. We need bipar- marks.) REFORM BILL Mr. SOUDER. Mr. Speaker, I rise to tisan support. We need those who want (Mr. PALLONE asked and was given government-run health care to just say commend those in my district who permission to address the House for 1 today are celebrating Juneteenth Day, okay, let us let a proposal to make minute.) health care reform affordable pass. marking the freedom of the last known Mr. PALLONE. Mr. Speaker, both 1 f slaves on June 19, 1865, almost 2 ⁄2 years Democrats and Republicans support a after President Lincoln signed the health care reform bill that would es- PERMISSION FOR SUNDRY COM- Emancipation Proclamation and 65 sentially make it easier for people to MITTEES AND THEIR SUB- days after Lincoln had been assas- get health insurance if they lose their COMMITTEES TO SIT TODAY sinated. Gen. Gordon Granger entered jobs or change jobs, or also if they have DURING THE 5-MINUTE RULE Galveston, TX, with 1,800 troops, pro- a preexisting medical condition. The Mr. GILLMOR. Mr. Speaker, I ask claimed Texas under U.S. Federal au- problem, though, is that the Repub- unanimous consent that the following thority and declared the 250,000 slaves lican leadership continues its effort to committees and their subcommittees in Texas free. His remarks to the slaves and slave add on what I call the poison pill to be permitted to sit today while the owners concluded with his reading of this health care reform bill, and that is House is meeting in the Committee of the Emancipation Proclamation. Upon the medical savings accounts. Essen- the Whole under the 5-minute rule: hearing the final line of General Grang- tially what they want to do is encour- Committee on Agriculture; Committee er’s reading, the slaves in Galveston age healthy and wealthier people to opt on Banking and Financial Services; immediately began the first out of the traditional insurance pool Committee on Commerce; Committee Juneteenth celebration in response to that we have for most health insurance on Economic and Educational Opportu- their freedom. and leave in the insurance pool the nities; Committee on Government Re- A story that has been passed down people who are sicker, who have less form and Oversight; Committee on through the generations says that money and, therefore, drive up insur- International Relations; Committee on President Lincoln sent a messenger on ance costs, premium costs. the Judiciary; Committee on National a slow-stepping mule from Washington Last night I heard some of my col- Security; Committee on Resources; with the news which did not reach leagues on the Republican side talk Committee on Science; Committee on these States, deep southern States, about how they wanted an MSA dem- Transportation and Infrastructure; until 21⁄2 years later. This shows that onstration project, but that it is not Committee on Veterans’ Affairs; and some things never change. Historians enough to just have it for employers of Permanent Select Committee on Intel- have attributed the delay to the slow- 15 employees or less, they want it for ligence. moving Washington bureaucracy. 100 employees or less. Mr. Speaker, it is my understanding Today this holiday is celebrated Mr. Speaker, the bottom line is, if that the minority has been consulted throughout America, not just in the you include these MSA’s in this health and that there is no objection to these South. I know that in my district, in insurance reform, you will destroy requests. addition to celebrations like picnics, health insurance reform. The President The SPEAKER pro tempore. Is there parades, and pageants, very much like will not sign it. The Democrats will objection to the request of the gen- those going throughout the country, not support it. The end result is to in- tleman from Ohio? there are 150 community leaders meet- crease premiums for the average Amer- There was no objection. ing and how their groups work to bet- ican. f f ter people’s lives. I rise to congratulate PROVIDING FOR CONSIDERATION them. We all must work together. REAL HEALTH CARE REFORM OF H.R. 3662, DEPARTMENT OF f (Mr. WELLER asked and was given THE INTERIOR AND RELATED THE BUDGET permission to address the House for 1 AGENCIES APPROPRIATIONS ACT, 1997 (Ms. MCKINNEY asked and was given minute and to revise and extend his re- permission to address the House for 1 marks.) Ms. PRYCE. Mr. Speaker, by direc- minute.) Mr. WELLER. Mr. Speaker, it is in- tion of the Committee on Rules, I call Ms. MCKINNEY. Mr. Speaker, proud- teresting that we on the Republican up House Resolution 455 and ask for its ly beating their chests in 1994, the Re- side are committed to making health immediate consideration. publicans signed a contract with Amer- care more affordable. There is 40 mil- The Clerk read the resolution, as fol- ica which promised to balance the lion Americans in this country without lows: budget. Last week, however, almost health care insurance today. Why? If H. RES. 455 every Republican voted for a budget you listen to them and ask them why, Resolved, That at any time after the adop- resolution that would increase the defi- they tell you it is because they cannot tion of this resolution the Speaker may, pur- cit by $40 billion over the next 2 years. afford it. suant to clause 1(b) of rule XXIII, declare the June 19, 1996 CONGRESSIONAL RECORD — HOUSE H6519 House resolved into the Committee of the House Resolution 455, and that I be per- Whole to postpone and shorten votes Whole House on the state of the Union for mitted to submit extraneous materials during further consideration of the bill. consideration of the bill (H.R. 3662) making into the RECORD. After the reading of the final lines of appropriations for the Department of the In- The SPEAKER pro tempore. Is there the bill, a motion to rise, if offered by terior and related agencies for the fiscal year objection to the request of the gentle- ending September 30, 1997, and for other pur- the majority leader or his designee, poses. The first reading of the bill shall be woman from Ohio? will have precedence over a motion to dispensed with. Points of order against con- There was no objection. amend. Finally, the rule provides for sideration of the bill for failure to comply Ms. PRYCE. Mr. Speaker, I yield my- one motion to recommit, with or with- with clause 2(l)(6) of rule XI or clause 7 of self such time as I may consume. out instructions, as is the right of the rule XXI are waived. General debate shall be Mr. Speaker, House Resolution 455 is minority. confined to the bill and shall not exceed one an open rule providing for the consider- Mr. Speaker, the focus of this year’s hour equally divided and controlled by the ation of H.R. 3662, the Interior and Re- Interior appropriations bill has been to chairman and ranking minority member of lated Agencies appropriations bill for make good government choices, and I the Committee on Appropriations. After gen- fiscal year 1997. congratulate my colleague from Ohio, eral debate the bill shall be considered for The rule provides 1 hour of general the distinguished chairman of the sub- amendment under the five-minute rule. debate equally divided and controlled committee, for his leadership in bal- Points of order against provisions in the bill by the chairman and ranking minority (other than section 117 and the first two pro- ancing the need for meaningful deficit member of the Committee on Appro- visos under the heading ‘‘Strategic Petro- reduction with the need to enhance and priations, after which time the bill will leum Reserve’’) for failure to comply with protect our Nation’s natural and cul- be open to amendment under 5-minute clause 2 or 6 of rule XXI are waived. Where tural resources. rule. points of order are waived against part of a Although the bill appropriates $500 paragraph, points of order against a provi- Under this open rule, any Member million less than last year’s enacted sion in another part of such paragraph may can be heard on any germane amend- be made only against such provision and not ment to the bill at the appropriate level, the committee has provided rea- against the entire paragraph. An amendment time, as long as it is consistent with sonable increases for the national striking the last proviso under the heading the normal rules of the House. It is im- parks, wildlife refuges, and forests. ‘‘Strategic Petroleum Reserve’’ shall be con- portant to note that of the four pre- Special increases are provided for Ever- sidered as adopted in the House and in the glades restoration, the earthquake pro- Committee of the Whole. During further con- vious appropriations bills that have been reported to the House this year, gram, and for two new initiatives—the sideration of the bill for amendment, the new Southern California Natural Com- Chairman of the Committee of the Whole all have been considered under an open may accord priority in recognition on the amendment process. munities Conservation Planning Pro- basis of whether the Member offering an As we have done in the past, the rule gram and the Appalachian Clean amendment has caused it to be printed in the empowers the Chairman of the Com- Stream Program. Funds have also been portion of the Congressional Record des- mittee of the Whole to give priority in added to address important Indian ignated for that purpose in clause 6 of rule recognition of Members who have health and education needs. XXIII. Amendments so printed shall be con- preprinted their amendments in the As I am sure my colleagues know, sidered as read. The Chairman of the Com- summer is the time when many of our mittee of the Whole may postpone until a RECORD prior to their consideration. The Committee on Rules continues constituents travel to the Nation’s time during further consideration in the Capital to visit the city’s treasured Committee of the Whole a request for a re- to believe that the option of making corded vote on any amendment. The Chair- amendments available for our col- landmarks, and I am pleased to note man of the Committee of the Whole may re- leagues to read in advance of floor ac- that in the bill priority was given to duce to not less than five minutes the time tion is a very useful tool for improving funding increases in both operations for voting by electronic device on any post- the quality of debate in the House. and relieving critical maintenance poned question that immediately follows an- Mr. Speaker, the rule also provides a backlogs for some of our Nation’s other vote by electronic device without in- limit but necessary number of waivers major cultural institutions. These in- tervening business, provided that the time to facilitate the orderly consideration clude such popular sites as the Smith- for voting by electronic device on the first in sonian Institution, the National Gal- any series of questions shall be not less than of the bill. For example, the rule fifteen minutes. After the reading of the waives clause 2(l)(6) of rule XI, regard- lery of Art, the John F. Kennedy Cen- final lines of the bill, a motion that the Com- ing the 3-day availability of the com- ter for the Performing Arts, and the mittee of the Whole rise and report the bill mittee report, and clause 7 of rule XXI, National Holocaust Memorial Museum. to the House with such amendments as may regarding the 3-day availability of While the committee was able to pro- have been adopted shall, if offered by the printed hearings and reports on general vide modest funding increases for these majority leader or his designee, have prece- appropriations bills. programs, I should also point out that dence over a motion to amend. At the con- Since authorizing legislation for sev- the bill responds to the American peo- clusion of consideration of the bill for eral programs within the scope of the ple’s call for smaller, less costly, and amendment the Committee shall rise and re- more effective government. In order to port the bill to the House with such amend- bill has not yet been approved by the ments as may have been adopted. The pre- House, the rule provides the necessary fund these and other priorities, the vious question shall be considered as ordered waiver of clause 2 of rule XXI, which committee has taken responsible steps on the bill and amendments thereto to final prohibits unauthorized and legislative to eliminate duplication and layers of passage without intervening motion except provisions in appropriations bills. How- management, and to do away with one motion to recommit with or without in- ever, Members should be aware that functions that the committee believes structions. the waiver of unauthorized provisions are not inherent Federal responsibility. b 1045 does not extend to that section of the By continuing to reduce unnecessary bill regarding the collection of States spending and focusing reasonable fund- The SPEAKER pro tempore. The gen- sales taxes on tribal businesses, or to ing increases on the core programs con- tlewoman from Ohio [Ms. PRYCE] is the first two provisos under the head- tained in the bill, Chairman REGULA recognized for 1 hour. ing of ‘‘Strategic Petroleum Reserve.’’ and members of the Appropriations Ms. PRYCE. Mr. Speaker, for the In addition, at the recommendation Committee have been able to save the purpose of debate only, I yield the cus- of the Budget Committee, the rule pro- American taxpayers $500 million, and tomary 30 minutes to my good friend, vides for the automatic adoption of an at the same time fulfill the commit- the gentleman from California [Mr. amendment striking the final proviso ment to preserve and enhance our na- BEILENSON]. During consideration of under the heading of ‘‘Strategic Petro- tional treasures. this resolution, all time yielded is for leum Reserve’’ from the bill. It is the Mr. Speaker, in closing I would em- the purpose of debate only. Rules Committee’s understanding that phasize again that the rule before us is GENERAL LEAVE the provision, if it were not removed both fair and open. Any remaining Ms. PRYCE. Mr. Speaker, I ask unan- from the bill, would constitute a sig- areas of concern or disagreement can imous consent that all Members may nificant violation of the Budget Act. be addressed through the normal have 5 legislative days within which to Furthermore, the rule allows the amendment process. House Resolution revise and extend their remarks on Chairman of the Committee of the 455 was reported unanimously by the H6520 CONGRESSIONAL RECORD — HOUSE June 19, 1996 Rules Committee yesterday and it will my colleagues to vote ‘‘yes’’ on the Mr. Speaker, I include the following allow our Members to participate most rule and ‘‘yes’’ on the underlying legis- information for the RECORD. fully in the deliberative process. I urge lation. THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103D CONGRESS V. 104TH CONGRESS [As of June 18, 1996]

103d Congress 104th Congress Rule type Number of rules Percent of total Number of rules Percent of total

Open/Modified-Open 2 ...... 46 44 74 59 Structured/Modified Closed 3 ...... 49 47 33 27 Closed 4 ...... 9 9 17 14 Total ...... 104 124 124 100 1 This table applies only to rules which provide for the original consideration of bills, joint resolutions or budget resolutions and which provide for an amendment process. It does not apply to special rules which only waive points of order against appropriations bills which are already privileged and are considered under an open amendment process under House rules. 2 An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A modified open rule is one under which any Member may offer a germane amendment under the five-minute rule subject only to an overall time limit on the amendment process and/or a requirement that the amendment be preprinted in the Congressional Record. 3 A structured or modified closed rule is one under which the Rules Committee limits the amendments that may be offered only to those amendments designated in the special rule or the Rules Committee report to accompany it, or which preclude amendments to a particular portion of a bill, even though the rest of the bill may be completely open to amendment. 4 A closed rule is one under which no amendments may be offered (other than amendments recommended by the committee in reporting the bill).

SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS [As of June 18, 1996]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 38 (1/18/95) ...... O ...... H.R. 5 ...... Unfunded Mandate Reform ...... A: 350–71 (1/19/95). H. Res. 44 (1/24/95) ...... MC ...... H. Con. Res. 17 ...... Social Security ...... A: 255–172 (1/25/95). H.J. Res. 1 ...... Balanced Budget Amdt ...... H. Res. 51 (1/31/95) ...... O ...... H.R. 101 ...... Land Transfer, Taos Pueblo Indians ...... A: voice vote (2/1/95). H. Res. 52 (1/31/95) ...... O ...... H.R. 400 ...... Land Exchange, Arctic Nat’l. Park and Preserve ...... A: voice vote (2/1/95). H. Res. 53 (1/31/95) ...... O ...... H.R. 440 ...... Land Conveyance, Butte County, Calif ...... A: voice vote (2/1/95). H. Res. 55 (2/1/95) ...... O ...... H.R. 2 ...... Line Item Veto ...... A: voice vote (2/2/95). H. Res. 60 (2/6/95) ...... O ...... H.R. 665 ...... Victim Restitution ...... A: voice vote (2/7/95). H. Res. 61 (2/6/95) ...... O ...... H.R. 666 ...... Exclusionary Rule Reform ...... A: voice vote (2/7/95). H. Res. 63 (2/8/95) ...... MO ...... H.R. 667 ...... Violent Criminal Incarceration ...... A: voice vote (2/9/95). H. Res. 69 (2/9/95) ...... O ...... H.R. 668 ...... Criminal Alien Deportation ...... A: voice vote (2/10/95). H. Res. 79 (2/10/95) ...... MO ...... H.R. 728 ...... Law Enforcement Block Grants ...... A: voice vote (2/13/95). H. Res. 83 (2/13/95) ...... MO ...... H.R. 7 ...... National Security Revitalization ...... PQ: 229–199; A: 227–197 (2/15/95). H. Res. 88 (2/16/95) ...... MC ...... H.R. 831 ...... Health Insurance Deductibility ...... PQ: 230–191; A: 229–188 (2/21/95). H. Res. 91 (2/21/95) ...... O ...... H.R. 830 ...... Paperwork Reduction Act ...... A: voice vote (2/22/95). H. Res. 92 (2/21/95) ...... MC ...... H.R. 889 ...... Defense Supplemental ...... A: 282–144 (2/22/95). H. Res. 93 (2/22/95) ...... MO ...... H.R. 450 ...... Regulatory Transition Act ...... A: 252–175 (2/23/95). H. Res. 96 (2/24/95) ...... MO ...... H.R. 1022 ...... Risk Assessment ...... A: 253–165 (2/27/95). H. Res. 100 (2/27/95) ...... O ...... H.R. 926 ...... Regulatory Reform and Relief Act ...... A: voice vote (2/28/95). H. Res. 101 (2/28/95) ...... MO ...... H.R. 925 ...... Private Property Protection Act ...... A: 271–151 (3/2/95). H. Res. 103 (3/3/95) ...... MO ...... H.R. 1058 ...... Securities Litigation Reform ...... H. Res. 104 (3/3/95) ...... MO ...... H.R. 988 ...... Attorney Accountability Act ...... A: voice vote (3/6/95). H. Res. 105 (3/6/95) ...... MO ...... A: 257–155 (3/7/95). H. Res. 108 (3/7/95) ...... Debate ...... H.R. 956 ...... Product Liability Reform ...... A: voice vote (3/8/95). H. Res. 109 (3/8/95) ...... MC ...... PQ: 234–191 A: 247–181 (3/9/95). H. Res. 115 (3/14/95) ...... MO ...... H.R. 1159 ...... Making Emergency Supp. Approps ...... A: 242–190 (3/15/95). H. Res. 116 (3/15/95) ...... MC ...... H.J. Res. 73 ...... Term Limits Const. Amdt ...... A: voice vote (3/28/95). H. Res. 117 (3/16/95) ...... Debate ...... H.R. 4 ...... Personal Responsibility Act of 1995 ...... A: voice vote (3/21/95). H. Res. 119 (3/21/95) ...... MC ...... A: 217–211 (3/22/95). H. Res. 125 (4/3/95) ...... O ...... H.R. 1271 ...... Family Privacy Protection Act ...... A: 423–1 (4/4/95). H. Res. 126 (4/3/95) ...... O ...... H.R. 660 ...... Older Persons Housing Act ...... A: voice vote (4/6/95). H. Res. 128 (4/4/95) ...... MC ...... H.R. 1215 ...... Contract With America Tax Relief Act of 1995 ...... A: 228–204 (4/5/95). H. Res. 130 (4/5/95) ...... MC ...... H.R. 483 ...... Medicare Select Expansion ...... A: 253–172 (4/6/95). H. Res. 136 (5/1/95) ...... O ...... H.R. 655 ...... Hydrogen Future Act of 1995 ...... A: voice vote (5/2/95). H. Res. 139 (5/3/95) ...... O ...... H.R. 1361 ...... Coast Guard Auth. FY 1996 ...... A: voice vote (5/9/95). H. Res. 140 (5/9/95) ...... O ...... H.R. 961 ...... Clean Water Amendments ...... A: 414–4 (5/10/95). H. Res. 144 (5/11/95) ...... O ...... H.R. 535 ...... Fish Hatchery—Arkansas ...... A: voice vote (5/15/95). H. Res. 145 (5/11/95) ...... O ...... H.R. 584 ...... Fish Hatchery—Iowa ...... A: voice vote (5/15/95). H. Res. 146 (5/11/95) ...... O ...... H.R. 614 ...... Fish Hatchery—Minnesota ...... A: voice vote (5/15/95). H. Res. 149 (5/16/95) ...... MC ...... H. Con. Res. 67 ...... Budget Resolution FY 1996 ...... PQ: 252–170 A: 255–168 (5/17/95). H. Res. 155 (5/22/95) ...... MO ...... H.R. 1561 ...... American Overseas Interests Act ...... A: 233–176 (5/23/95). H. Res. 164 (6/8/95) ...... MC ...... H.R. 1530 ...... Nat. Defense Auth. FY 1996 ...... PQ: 225–191 A: 233–183 (6/13/95). H. Res. 167 (6/15/95) ...... O ...... H.R. 1817 ...... MilCon Appropriations FY 1996 ...... PQ: 223–180 A: 245–155 (6/16/95). H. Res. 169 (6/19/95) ...... MC ...... H.R. 1854 ...... Leg. Branch Approps. FY 1996 ...... PQ: 232–196 A: 236–191 (6/20/95). H. Res. 170 (6/20/95) ...... O ...... H.R. 1868 ...... For. Ops. Approps. FY 1996 ...... PQ: 221–178 A: 217–175 (6/22/95). H. Res. 171 (6/22/95) ...... O ...... H.R. 1905 ...... Energy & Water Approps. FY 1996 ...... A: voice vote (7/12/95). H. Res. 173 (6/27/95) ...... C ...... H.J. Res. 79 ...... Flag Constitutional Amendment ...... PQ: 258–170 A: 271–152 (6/28/95). H. Res. 176 (6/28/95) ...... MC ...... H.R. 1944 ...... Emer. Supp. Approps ...... PQ: 236–194 A: 234–192 (6/29/95). H. Res. 185 (7/11/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 ...... PQ: 235–193 D: 192–238 (7/12/95). H. Res. 187 (7/12/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 #2 ...... PQ: 230–194 A: 229–195 (7/13/95). H. Res. 188 (7/12/95) ...... O ...... H.R. 1976 ...... Agriculture Approps. FY 1996 ...... PQ: 242–185 A: voice vote (7/18/95). H. Res. 190 (7/17/95) ...... O ...... H.R. 2020 ...... Treasury/Postal Approps. FY 1996 ...... PQ: 232–192 A: voice vote (7/18/95). H. Res. 193 (7/19/95) ...... C ...... H.J. Res. 96 ...... Disapproval of MFN to China ...... A: voice vote (7/20/95). H. Res. 194 (7/19/95) ...... O ...... H.R. 2002 ...... Transportation Approps. FY 1996 ...... PQ: 217–202 (7/21/95). H. Res. 197 (7/21/95) ...... O ...... H.R. 70 ...... Exports of Alaskan Crude Oil ...... A: voice vote (7/24/95). H. Res. 198 (7/21/95) ...... O ...... H.R. 2076 ...... Commerce, State Approps. FY 1996 ...... A: voice vote (7/25/95). H. Res. 201 (7/25/95) ...... O ...... H.R. 2099 ...... VA/HUD Approps. FY 1996 ...... A: 230–189 (7/25/95). H. Res. 204 (7/28/95) ...... MC ...... S. 21 ...... Terminating U.S. Arms Embargo on Bosnia ...... A: voice vote (8/1/95). H. Res. 205 (7/28/95) ...... O ...... H.R. 2126 ...... Defense Approps. FY 1996 ...... A: 409–1 (7/31/95). H. Res. 207 (8/1/95) ...... MC ...... H.R. 1555 ...... Communications Act of 1995 ...... A: 255–156 (8/2/95). H. Res. 208 (8/1/95) ...... O ...... H.R. 2127 ...... Labor, HHS Approps. FY 1996 ...... A: 323–104 (8/2/95). H. Res. 215 (9/7/95) ...... O ...... H.R. 1594 ...... Economically Targeted Investments ...... A: voice vote (9/12/95). H. Res. 216 (9/7/95) ...... MO ...... H.R. 1655 ...... Intelligence Authorization FY 1996 ...... A: voice vote (9/12/95). H. Res. 218 (9/12/95) ...... O ...... H.R. 1162 ...... Deficit Reduction Lockbox ...... A: voice vote (9/13/95). H. Res. 219 (9/12/95) ...... O ...... H.R. 1670 ...... Federal Acquisition Reform Act ...... A: 414–0 (9/13/95). H. Res. 222 (9/18/95) ...... O ...... H.R. 1617 ...... CAREERS Act ...... A: 388–2 (9/19/95). H. Res. 224 (9/19/95) ...... O ...... H.R. 2274 ...... Natl. Highway System ...... PQ: 241–173 A: 375–39–1 (9/20/95). H. Res. 225 (9/19/95) ...... MC ...... H.R. 927 ...... Cuban Liberty & Dem. Solidarity ...... A: 304–118 (9/20/95). H. Res. 226 (9/21/95) ...... O ...... H.R. 743 ...... Team Act ...... A: 344–66–1 (9/27/95). H. Res. 227 (9/21/95) ...... O ...... H.R. 1170 ...... 3-Judge Court ...... A: voice vote (9/28/95). H. Res. 228 (9/21/95) ...... O ...... H.R. 1601 ...... Internatl. Space Station ...... A: voice vote (9/27/95). H. Res. 230 (9/27/95) ...... C ...... H.J. Res. 108 ...... Continuing Resolution FY 1996 ...... A: voice vote (9/28/95). H. Res. 234 (9/29/95) ...... O ...... H.R. 2405 ...... Omnibus Science Auth ...... A: voice vote (10/11/95). H. Res. 237 (10/17/95) ...... MC ...... H.R. 2259 ...... Disapprove Sentencing Guidelines ...... A: voice vote (10/18/95). H. Res. 238 (10/18/95) ...... MC ...... H.R. 2425 ...... Medicare Preservation Act ...... PQ: 231–194 A: 227–192 (10/19/95). H. Res. 239 (10/19/95) ...... C ...... H.R. 2492 ...... Leg. Branch Approps ...... PQ: 235–184 A: voice vote (10/31/95). H. Res. 245 (10/25/95) ...... MC ...... H. Con. Res. 109 ...... Social Security Earnings Reform ...... PQ: 228–191 A: 235–185 (10/26/95). H.R. 2491 ...... Seven-Year Balanced Budget ...... H. Res. 251 (10/31/95) ...... C ...... H.R. 1833 ...... Partial Birth Abortion Ban ...... A: 237–190 (11/1/95). H. Res. 252 (10/31/95) ...... MO ...... H.R. 2546 ...... D.C. Approps...... A: 241–181 (11/1/95). H. Res. 257 (11/7/95) ...... C ...... H.J. Res. 115 ...... Cont. Res. FY 1996 ...... A: 216–210 (11/8/95). H. Res. 258 (11/8/95) ...... MC ...... H.R. 2586 ...... Debt Limit ...... A: 220–200 (11/10/95). H. Res. 259 (11/9/95) ...... O ...... H.R. 2539 ...... ICC Termination Act ...... A: voice vote (11/14/95). June 19, 1996 CONGRESSIONAL RECORD — HOUSE H6521 SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS—Continued [As of June 18, 1996]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 262 (11/9/95) ...... C ...... H.R. 2586 ...... Increase Debt Limit ...... A: 220–185 (11/10/95). H. Res. 269 (11/15/95) ...... O ...... H.R. 2564 ...... Lobbying Reform ...... A: voice vote (11/16/95). H. Res. 270 (11/15/95) ...... C ...... H.J. Res. 122 ...... Further Cont. Resolution ...... A: 249–176 (11/15/95). H. Res. 273 (11/16/95) ...... MC ...... H.R. 2606 ...... Prohibition on Funds for Bosnia ...... A: 239–181 (11/17/95). H. Res. 284 (11/29/95) ...... O ...... H.R. 1788 ...... Amtrak Reform ...... A: voice vote (11/30/95). H. Res. 287 (11/30/95) ...... O ...... H.R. 1350 ...... Maritime Security Act ...... A: voice vote (12/6/95). H. Res. 293 (12/7/95) ...... C ...... H.R. 2621 ...... Protect Federal Trust Funds ...... PQ: 223–183 A: 228–184 (12/14/95). H. Res. 303 (12/13/95) ...... O ...... H.R. 1745 ...... Utah Public Lands ...... PQ: 221–197 A: voice vote (5/15/96). H. Res. 309 (12/18/95) ...... C ...... H. Con. Res. 122 ...... Budget Res. W/President ...... PQ: 230–188 A: 229–189 (12/19/95). H. Res. 313 (12/19/95) ...... O ...... H.R. 558 ...... Texas Low-Level Radioactive ...... A: voice vote (12/20/95). H. Res. 323 (12/21/95) ...... C ...... H.R. 2677 ...... Natl. Parks & Wildlife Refuge ...... Tabled (2/28/96). H. Res. 366 (2/27/96) ...... MC ...... H.R. 2854 ...... Farm Bill ...... PQ: 228–182 A: 244–168 (2/28/96). H. Res. 368 (2/28/96) ...... O ...... H.R. 994 ...... Small Business Growth ...... Tabled (4/17/96). H. Res. 371 (3/6/96) ...... C ...... H.R. 3021 ...... Debt Limit Increase ...... A: voice vote (3/7/96). H. Res. 372 (3/6/96) ...... MC ...... H.R. 3019 ...... Cont. Approps. FY 1996 ...... PQ: voice vote A: 235–175 (3/7/96). H. Res. 380 (3/12/96) ...... C ...... H.R. 2703 ...... Effective Death Penalty ...... A: 251–157 (3/13/96). H. Res. 384 (3/14/96) ...... MC ...... H.R. 2202 ...... Immigration ...... PQ: 233–152 A: voice vote (3/19/96). H. Res. 386 (3/20/96) ...... C ...... H.J. Res. 165 ...... Further Cont. Approps ...... PQ: 234–187 A: 237–183 (3/21/96). H. Res. 388 (3/21/96) ...... C ...... H.R. 125 ...... Gun Crime Enforcement ...... A: 244–166 (3/22/96). H. Res. 391 (3/27/96) ...... C ...... H.R. 3136 ...... Contract w/America Advancement ...... PQ: 232–180 A: 232–177, (3/28/96). H. Res. 392 (3/27/96) ...... MC ...... H.R. 3103 ...... Health Coverage Affordability ...... PQ: 229–186 A: Voice Vote (3/29/96). H. Res. 395 (3/29/96) ...... MC ...... H.J. Res. 159 ...... Tax Limitation Const. Amdmt...... PQ: 232–168 A: 234–162 (4/15/96). H. Res. 396 (3/29/96) ...... O ...... H.R. 842 ...... Truth in Budgeting Act ...... A: voice vote (4/17/96). H. Res. 409 (4/23/96) ...... O ...... H.R. 2715 ...... Paperwork Elimination Act ...... A: voice vote (4/24/96). H. Res. 410 (4/23/96) ...... O ...... H.R. 1675 ...... Natl. Wildlife Refuge ...... A: voice vote (4/24/96). H. Res. 411 (4/23/96) ...... C ...... H.J. Res. 175 ...... Further Cont. Approps. FY 1996 ...... A: voice vote (4/24/96). H. Res. 418 (4/30/96) ...... O ...... H.R. 2641 ...... U.S. Marshals Service ...... PQ: 219–203 A: voice vote (5/1/96). H. Res. 419 (4/30/96) ...... O ...... H.R. 2149 ...... Ocean Shipping Reform ...... A: 422–0 (5/1/96). H. Res. 421 (5/2/96) ...... O ...... H.R. 2974 ...... Crimes Against Children & Elderly ...... A: voice vote (5/7/96). H. Res. 422 (5/2/96) ...... O ...... H.R. 3120 ...... Witness & Jury Tampering ...... A: voice vote (5/7/96). H. Res. 426 (5/7/96) ...... O ...... H.R. 2406 ...... U.S. Housing Act of 1996 ...... PQ: 218–208 A: voice vote (5/8/96). H. Res. 427 (5/7/96) ...... O ...... H.R. 3322 ...... Omnibus Civilian Science Auth ...... A: voice vote (5/9/96). H. Res. 428 (5/7/96) ...... MC ...... H.R. 3286 ...... Adoption Promotion & Stability ...... A: voice vote (5/9/96). H. Res. 430 (5/9/96) ...... S ...... H.R. 3230 ...... DoD Auth. FY 1997 ...... A: 235–149 (5/10/96). H. Res. 435 (5/15/96) ...... MC ...... H. Con. Res. 178 ...... Con. Res. on the Budget, 1997 ...... PQ: 227–196 A: voice vote (5/16/96). H. Res. 436 (5/16/96) ...... C ...... H.R. 3415 ...... Repeal 4.3 cent fuel tax ...... PQ: 221–181 A: voice vote (5/21/96). H. Res. 437 (5/16/96) ...... MO ...... H.R. 3259 ...... Intell. Auth. FY 1997 ...... A: voice vote (5/21/96). H. Res. 438 (5/16/96) ...... MC ...... H.R. 3144 ...... Defend America Act ...... H. Res. 440 (5/21/96) ...... MC ...... H.R. 3448 ...... Small Bus. Job Protection ...... A: 219–211 (5/22/96). MC ...... H.R. 1227 ...... Employee Commuting Flexibility ...... H. Res. 442 (5/29/96) ...... O ...... H.R. 3517 ...... Mil. Const. Approps. FY 1997 ...... A: voice vote (5/30/96). H. Res. 445 (5/30/96) ...... O ...... H.R. 3540 ...... For. Ops. Approps. FY 1997 ...... A: voice vote (6/5/96). H. Res. 446 (6/5/96) ...... MC ...... H.R. 3562 ...... WI Works Waiver Approval ...... A: 363–59 (6/6/96). H. Res. 448 (6/6/96) ...... MC ...... H.R. 2754 ...... Shipbuilding Trade Agreement ...... A: voice vote (6/12/96). H. Res. 451 (6/10/96) ...... O ...... H.R. 3603 ...... Agriculture Appropriations, FY 1997 ...... A: voice vote (6/11/96). H. Res. 453 (6/12/96) ...... O ...... H.R. 3610 ...... Defense Appropriations, FY 1997 ...... A: voice vote (6/13/96). H. Res. 455 (6/18/96) ...... O ...... H.R. 3662 ...... Interior Approps, FY 1997 ...... Codes: O-open rule; MO-modified open rule; MC-modified closed rule; S/C-structured/closed rule; A-adoption vote; D-defeated; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.

Ms. PRYCE. Mr. Speaker, I reserve egon [Ms. FURSE] and the gentleman provision will be offered. We urge Mem- the balance of my time. from Illinois [Mr. PORTER] hoped to bers to support that amendment. Mr. BEILENSON. Mr. Speaker, I offer to repeal the salvage timber pro- But even without containing a large yield myself such time as I may gram enacted by the Congress last number of antienvironmental legisla- consume, and I thank the distinguished year. tive riders, this bill would cause great gentlewoman from Ohio, my good The enactment of that program, harm to our Nation’s valuable natural friend, Ms. PRYCE, for yielding the cus- which is causing serious environmental and cultural resources by falling far tomary 30 minutes of debate time to damage in the Pacific Northwest, was short of providing the funds needed to me. possible only because the Committee protect those resources. The bill would Mr. Speaker, this rule permits Mem- on Rules last year waived rule XXI to reduce funding by half a billion dollars, bers to offer any amendment which is permit the salvage timber program to as the gentlewoman from Ohio [Ms. in order under the standing rules of the be added as a legislative rider to an ap- PRYCE] stated, below last year’s level. House, and we are pleased that the ma- propriations bill. Because the destruc- When combined with the deep cuts in jority has provided again such a rule tiveness of this program has become a the Interior bill enacted for fiscal year for the Interior appropriations bill. We growing concern to an increasing num- 1996, this bill would provide about 12 are also pleased that the rule continues ber of Members, it seems only fair and percent less for Interior programs than a practice established several years ago reasonable to allow the House to con- we were spending in fiscal year 1995. when Democrats controlled the House, sider terminating the program through Under this bill, funding for the Na- of respecting the prerogatives of au- the same means by which it was origi- tional Park Service would be 18 percent thorizing committees by not protecting nally enacted. We feel that we should below the President’s request. That against points of order legislative lan- have had that opportunity. shortfall will prevent the Park Service guage in an appropriations bill that the Beyond the rule itself, many of us from meeting the growing demand at authorizing committee with jurisdic- have serious concerns about the bill our great national parks for visitor tion over the matter objects to. that the rule makes in order. While the services, maintenance and resource In that regard, the rule allows two bill does not contain the many protection. controversial legislative riders in the antienvironmental riders that last The bill also contains large reduc- bill to be struck by raising a point of year’s Interior bill contained, it is not tions from the President’s request in order. One is a provision mandating the entirely devoid of controversy stem- other programs critical to effective re- sale of over $200 million worth of oil ming from legislative provisions that sources management, including a 20- from the strategic petroleum reserve. do not belong on an appropriations bill. percent cut in endangered species pro- The other is a provision concerning the One rider that this year’s bill con- grams and a 24-percent cut in funds re- collection of State and local taxes by tains would prohibit the enforcement quested for the Pacific Northwest for- native American retail establishments of the critical habitat designation for est plan, designed to protect our Na- located on native American lands. the marbled murrelet on private lands tion’s remaining old growth forests. However, there is one aspect of this in California. Over 37,000 acres of criti- Funding for land acquisition, which rule, Mr. Speaker, that we object to, cal habitat is affected, most of which is is critical to protecting threatened and that is the absence of a rule XXI in the Headwaters Forest area, the last areas in and around our national parks, waiver, a waiver against legislating on unprotected ancient redwood wilder- national forests, and wildlife refuges, an appropriations bill for an amend- ness in the world. Fortunately, we an- would be reduced to just $100 million, ment that the gentlewoman from Or- ticipate an amendment striking this which is less than one-third the H6522 CONGRESSIONAL RECORD — HOUSE June 19, 1996 amount we spent for that purpose in gentleman from New York [Mr. SOLO- want to commend them for it and hope 1992 when Mr. Bush was President and MON], the distinguished chairman of that this rule and this bill is going to only one-ninth of the amount of money the Committee on Rules, my friend pass today so that we can get on and we are collecting in the land and water from the great Empire State. get to welfare reform and immigration conservation fund for the purpose spe- Mr. SOLOMON. Mr. Speaker, I thank reform and all of these other important cifically of purchasing critical lands. the gentlewoman from Columbus, OH, bills that we have to deal with in the This bill also imposes a deep cut in a member of the Committee on Rules next 29 days. energy conservation programs. It is 33 that does such a great job, for yielding So, I thank the gentlewoman for percent below the President’s request me time. She is going to do a great job yielding me the time, and good luck. in that area. These programs not only on this one here today, too. Mr. BEILENSON. Mr. Speaker, I increase our Nation’s energy efficiency, Mr. Speaker, this is a rule that is yield 8 minutes to the gentleman from they also prevent pollution and save open, it is fair, it allows cutting Washington [Mr. DICKS]. businesses and individuals large sums amendments, it allows offsetting (Mr. DICKS asked and was given per- of money in energy costs. A particu- amendments, it allows limitation mission to revise and extend his re- larly shortsighted provision is the 50- amendments, and there is no time marks.) percent cut in the President’s request limit on the bill itself. Mr. DICKS. Mr. Speaker, I appreciate for the Federal Energy Management I have to forewarn the Members that my friend from California yielding time to me. I want to talk today about Program, which saves taxpayers money after today there will be 29 legislative a rather complicated issue, and I am by reducing the Federal Government’s days left. That means that we have ap- pleased that the rule allows us to con- energy costs. proximately 13 appropriation bills and Furthermore, the bill’s low level of sider this amendment. their conference reports to deal with. This is an issue that involves the funding for fire suppression, $83 million We have three reconciliation bills that continued existence of California’s below the President’s request, is inad- must be dealt with. We have the Safe marbled murrelet. The marbled equate to meet the rising costs of the Drinking Water Act. We have welfare murrelet is a rare sea bird that nests in Forest Service’s efforts to fight and reform. We have all of these issues that forests along the Pacific coast. It is a prevent wildfires. have to come to the floor. Each one of small bird that spends much of its time In addition, this bill would severely them, there are about 85 of them, are at sea feeding on fish. However, during impair programs serving native Ameri- going to take the best part of a day. certain crucial months each year it cans by cutting funding for them by 14 When you consider there are 29 days nests in California’s coniferous forests. percent below the President’s request. left and we have 85 major issues to deal The marbled murrelet is listed as en- Particularly hard hit would be the with, a lot is going to get left by the dangered under the California Endan- critically important health and edu- boards, because it is imperative we get gered Species Act and threatened under cational services we currently provide out of here by October 4 and go back the Federal Endangered Species Act. for native Americans. home and be where we should be, with My colleague and member of the Com- Finally, Mr. Speaker, the bill would our constituents. mittee on Appropriations, the gen- reduce funding for the arts and human- So, having said that, let me just say tleman from California [Mr. RIGGS], ities by 40 percent from the levels pro- that I hope that the Members, if they has a rider on the Interior bill attached vided in fiscal year 1995. In doing so, it are going to offer amendments, will in committee last week which could would severely jeopardize important work together. We do not want to have lead to the extinction, unfortunately, cultural, educational and artistic pro- duplicative amendments. If some of us of the California marbled murrelet. grams in hundreds upon hundreds of are interested in cutting this particu- The Riggs amendment prohibits im- communities throughout the United lar program or adding to that program, plementation of critical habitat des- States. we ought to work together so that we ignation under the Federal Endangered I do not fault the chairman of the do not have 40 or 50 or 60 amendments. Species Act for the marbled murrelet. Committee on Resources, the gen- Let us keep it to as few as we can and The rider would apply to most of the tleman from Ohio [Mr. REGULA], for still accomplish what we want to do. private lands in the northern coastal these shortfalls in funding. He is an b 1100 area of California that has been identi- eminently fair and thoughtful gen- fied as critical habitat for the marbled tleman, who has done a very good job Having said that, let me just say to murrelet. with this bill in light of the very lim- the gentleman from Ohio, Congressman If critical habitat in this California ited spending allocation his sub- RALPH REGULA, and the gentleman area does not continue to be des- committee was granted. from Illinois, SID YATES, what a great ignated, there is strong likelihood of The fault lies, if I may say so, Mr. job they have done. It is absolutely im- the marbled murrelet extinction in Speaker, with the Republican leader- perative that this Congress stay on the northern California, which will most ship’s spending priorities, which, sim- glidepath to a balanced budget. This is likely affect the bird throughout its ply stated, are wrong. It makes no the second consecutive year that we Pacific Northwest range. sense to shortchange the many rel- are doing that, and we have 5 more The Riggs amendment excludes from atively modest programs contained in years to go. Every year gets more dif- its coverage 3,000 acres commonly this bill, programs that protect our Na- ficult because the cuts come even deep- called the ‘‘Headquarters Grove,’’ but tion’s resources for our children and er, but we must absolutely stay on that this exception does not include head- our grandchildren in order, for exam- glidepath to a balanced budget. waters areas that are crucial for sur- ple, to help pay for a defense spending That is why today I am supporting vival of the bird in California. For ex- bill that provides $11 billion in excess this bill, because it is a part of that ample, the exception does not include of what the Pentagon itself requested. glidepath, it is $500 million less than the Owl Creek Forest, a 440-acre stand Mr. Speaker, the bill this rule makes last year, and the projection for next of old growth coastal coniferous forest in order does not serve our Nation’s year is going to be even deeper cuts in that contains a key 137-acre marbled best interests. It denies future genera- this bill and all of the other appropria- murrelet nesting area. tions the legacy we believe we would tion bills that are coming down the The Riggs amendment does not pro- all like to leave behind: abundant natu- line. So, I want to really commend vide needed protection for private ral resources, a clean and well-pro- RALPH REGULA and SID YATES, because property because critical habitat des- tected environment, and a cultural their job was very, very difficult. ignation does not stop private activi- richness that all Americans can enjoy. We have very important issues in ties. Critical habitat designation on When the House considers the bill it- this Interior bill. They deal with our private land does not stop activities, self, we urge Members to oppose it. national parks, which are so important but it results in more careful consider- Mr. Speaker, I reserve the balance of to the past and the future of this coun- ation before Federal agencies carry my time. try, and to be able to develop this bill out, approve, or fund activities. Ms. PRYCE. Mr. Speaker, I yield while still cutting the overall budget, I Critical habitat designation impacts such time as he may consume to the think is a great accomplishment. I only Federal, not private, actions. For June 19, 1996 CONGRESSIONAL RECORD — HOUSE H6523 private land, critical habitat will come Through doing a multispecies habitat There were some tough choices this into consideration when the landowner conservation plan, a person can achieve year, including how to treat the legis- seeks some Federal permit or approval, 100 years of certainty on his lands. lative language in the bill dealing with such as an incidental take permit. Now, yes, there is a negotiation and issues like the strategic petroleum re- Moreover, while critical habitat des- certain areas have to be protected on serve and the sale of commercial goods ignation may change the Fish and these private lands, but that is the way on Indian reservation lands. I think we Wildlife Service’s calculus in granting to proceed. made the right choices upstairs in de- a take permit, it does not trigger the If one gets a multispecies habitat ferring to the authorizing committees incidental take process. If marbled conservation plan, then they are enti- on this issue, and I hope that those murrelets will not be injured or killed tled to an incidental take permit, so panels will, and I encourage those pan- by logging or designating habitat, the that if there is a take on private lands els to, look into these issues in the logging can proceed without a permit. there will be no Federal sanction. very near future because there is a lot The marbled murrelet is dependent The companies in the State of Wash- of Member interest in them. on little areas that remain. In Califor- ington are entering into these agree- Mr. Speaker, the Interior appropria- nia, over the past 150 years, we have ments. Now, if my friend from Califor- tions bill is an important bill for the taken and harvested much of the mar- nia can walk in here into the Congress country and it is particularly impor- bled murrelet’s nesting habitat. The and overturn a Federal court decision tant for the State of Florida, which I number of birds in California has which directed that critical habitat be am privileged to represent part of. It is dropped from an estimated historic designated and get relief for his indi- the vehicle for crucial Everglades res- population of 60,000 to only about 6,000. vidual company, then how am I to ask toration funds to meet the Federal Because of the marbled murrelet’s pre- all of my companies to do the right commitment in our ongoing effort to carious situation, further destruction thing, and that is to negotiate a multi- restore and preserve for future genera- of its significant habitat makes extinc- species HCP with the Federal Govern- tions the unique ‘‘River of Grass,’’ as tion of the northern California popu- ment? So if we do this, the administra- we call the Everglades. It is a national lation probable. tion has stated in their letter to all of treasure. It is a global treasure. The marbled murrelet has special us up here on this bill that they will Although we will have some discus- nesting requirements. Every year the veto the bill. sion later in this debate about the need species loses a majority of its chicks to Last year we got ourselves into trou- to boost and guarantee that commit- predation; therefore, it can nest suc- ble by giving in to these substantive ment in this bill, I wish to commend cessfully only where foliage is thick riders on this bill. So I urge my col- the gentleman from Ohio, Chairman enough for the chicks to hide from leagues to support my amendment REGULA, and the ranking member, the predators. In addition, marbled today to strike this out. It is the right gentleman from Illinois, Mr. YATES, for murrelets do not build typical nests; thing to do for the ESA. It is the right their attention to this unique national instead, they lay eggs in natural de- thing, I think, to do for the private treasure and for their commitment to pressions on tree limbs, so they require companies because then it will force helping us have the Federal Govern- large limb structures. Pacific Lumber Co., which has not ne- ment meet its commitment to the Critical habitat designation has fo- State of Florida; and the polluters, who cused on Federal land. In May 1996 crit- gotiated in good faith with the Fish and Wildlife Service, to establish a have agreed to help pay and clean up ical habitat was designated for the the Everglades; and the taxpayers of habitat conservation plan; that they marbled murrelet along the Pacific Florida who are involved, and there are cannot come here and get around this coast. Slightly over 1 percent of the a great number of them. designation occurred on private land, provision. It is an important Federal commit- My judgment is that they should go because the Fish and Wildlife Service ment and there is no reason at this back, sit down with the Fish and Wild- worked to designate non-Federal lands point to relinquish it because the job is life Service, and do what Murray Pa- as critical habitat only ‘‘where Federal not done yet. lands are limited or nonexistent and cific, Weyerhaeuser, Plum Creek, and Also vital to Florida’s economy and where non-Federal lands are essential the major companies in my part of the our national commitment to wise stew- for maintaining marbled murrelet pop- world are doing, and that is negotiat- ardship of the natural resources is the ulations and nesting habitats.’’ A total ing a multispecies habitat conserva- annual outer continental shelf oil and of about 48,000 private acres were des- tion plan. So let us defeat the Riggs gas exploration moratorium, which ignated as critical habitat for the bird. amendment and stand behind the En- protects our fragile coastline in Flor- The Riggs amendment applies to al- dangered Species Act. ida from oil slicks and pollution. We most all this area, most of which is I might say to my colleagues on the are grateful for the attention we have owned by the Pacific Lumber Co. other side of the aisle, Mr. Speaker, received. The marbled murrelet draft recovery that this will be one of the most impor- Of course, this year’s Interior bill is plan emphasizes the importance of tant environmental votes of this Con- not without some controversy. Several these acres for marbled murrelet recov- gress. programs have been scaled back to ery. Suitable nesting habitat on Pacific Ms. PRYCE. Mr. Speaker, I yield 3 achieve budget targets so we stay on Lumber Co. lands in Humboldt County, minutes to the distinguished gen- our glidepath. The Land and Water CA, is the only, and I underline that tleman from the great State of Florida, Conservation Fund, for instance, which word, only, available nesting habitat [Mr. GOSS], from the Committee on is used to fund land acquisition in our for the southern portion of zone 4. This Rules. national parks, wildlife refuges, and area is situated in a key area close to (Mr. GOSS asked and was given per- elsewhere, has been reduced again this the coast with no Federal lands in the mission to revise and extend his re- year. I personally believe that is a false immediate area that are able to pro- marks.) saving, but while I may not agree en- vide similar recovery distributions. Mr. GOSS. Mr. Speaker, I thank my tirely with all the choices made in the That is why I am offering my amend- friend from Columbus, OH, the distin- bill, I certainly applaud Chairman REG- ment today, to strike this provision. I guished Judge PRYCE, for yielding me ULA and the members of the Committee wanted to emphasize to my colleagues this time, and, Mr. Speaker, I rise in on Appropriations for their hard work that there are remedies here. If we strong support of this open rule, yet in getting to this point. want to get around the designation of another open rule from the Committee I ask my colleagues to support this critical habitat, I should not say get on Rules. rule and support the bill when it comes around, but if we want to deal with it, Members will recall that last year a to the floor. I believe we have some what we should do is what I have asked simple open rule proved to be not amendments that will make it even the companies in my State and in the enough for the Interior bill, so I am es- better than it is now. Northwest and in Washington State to pecially pleased that we seem to have Mr. BEILENSION. Mr. Speaker, I do, and that is to enter into a multi- achieved broad bipartisan agreement yield 5 minutes to my distinguished species habitat conservation plan with on how we will consider this legislation colleague, the gentleman from Califor- the Fish and Wildlife Service. before us today. nia [Mr. BROWN]. H6524 CONGRESSIONAL RECORD — HOUSE June 19, 1996 (Mr. BROWN of California asked and blue dog budget provides for this kind development of the Midewin National was given permission to revise and ex- of an increase within a balanced budg- Tallgrass Prairie and its funding and tend his remarks.) et. continued operation the No. 1 environ- Mr. BROWN of California. Mr. Speak- I know that the gentleman from Ohio mental and conservation priority for er, I thank the distinguished gen- [Mr. REGULA], is well acquainted with the State of Illinois. tleman from California for yielding me the accomplishments of these pro- Mr. Speaker, I want to thank Mr. this time. grams and would not cut them if the YATES and thank Mr. REGULA for their Mr. Speaker, I certainly want to rise budget constraints put upon him by leadership. It is a win, win, win and de- in support of this rule. I think it is a the budget resolution were not so dire. serves bipartisan support. very reasonable rule and will allow the I also believe that in the coming Mr. BEILENSON. Mr. Speaker, I House to work its will on the bill. I months, if funds become available, he yield 3 minutes to the gentlewoman want to take advantage of this oppor- will seek higher levels of funding. I from Colorado [Mrs. SCHROEDER]. tunity to make a few brief statements commend him for this attitude. I will Mrs. SCHROEDER. Mr. Speaker, I about the bill itself, which I think also fight for these programs and sup- rise as one who was born in Portland, would be appropriate to make at this port any effort to enhance research and OR, loves the forests of the Northwest time, and I am going to confine myself development in the energy efficiency and am very saddened by the fact that to those parts of the bill which would area. we are not going to be able to do any- fall within the authorizing jurisdiction Ms. PRYCE. Mr. Speaker, I yield 2 thing to reverse the clear-cutting pro- of the Committee on Science. minutes to the gentleman from Illinois visions, that are taking them down so I want to applaud the gentleman [Mr. WELLER], a valued new Member of much faster than they grew up. from Ohio [Mr. REGULA] for his tireless this Congress. There are many other problems with and farsighted support of the fossil en- (Mr. WELLER asked and was given this bill that saddens me. We gut the ergy R&D programs, and I enthusiasti- permission to revise and extend his re- National Park Service, 18 percent cally commend him for his recognition marks.) below the President’s budget. We gut of the importance of academic research Mr. WELLER. Mr. Speaker, I want to Fish and Wildlife, 20 percent below the in the earthquake hazards program at thank the gentlewoman from Ohio for administration’s request. We reduce the U.S. Geological Survey, with which the opportunity to speak on this rule. I forest plan funding for $19 million less I have had a long-time association. rise in support of the rule and I also than the President’s request. And we I understand how difficult it was to rise in support of this interior appro- do not fund the Everglades as the ad- fund these programs at the desired lev- priations bill. ministration had requested. This legislation provides a real op- els, and I praise the work that he has I find these all national treasures, portunity to invest in the children and done on these provisions in the bill. national treasures that we cannot re- Although I understand that it was also the future of my home State of Il- store again. Once these are gone, they also difficult to fund energy conserva- linois. are gone. I now live in Colorado, where tion R&D at even 10 percent below last I want to point out the extraordinary year, I cannot support the drastic cuts efforts of my good friend, the gen- we think of ourselves as the lungs of the Nation, and we treasure our na- made in this overall program. The gen- tleman from Illinois, SID YATES, the tleman from Ohio last year, in connec- ranking member, and also the leader- tional parks. So, there is going to be tion with the fiscal year 1996 appropria- ship of the chairman of this sub- some voting today that is going to be tions bill, made a commitment to committee, that this appropriations very, very key. I hope Members vote on spread reductions in energy conserva- legislation invests in an important the issue. I was saddened today to read in the tion over 5 years and to cut only 10 per- conservation program important to the paper that the Speaker was saying that cent per year, and obviously, it has State of Illinois and, in fact, provides he could get Members on that side of been difficult to do that this year. $3.35 million to the U.S. Forest Service I want to say that energy conserva- for continued development and oper- the aisle to vote any way he wanted tion R&D efforts have produced a host ations of the Midewin National just by showing my face. Apparently of success stories in the past. For ex- Tallgrass Prairie Park, what has al- they have my face on a stick over ample, R&D has developed a new win- ready been nicknamed the Yellowstone there. I just wanted to show Members dow coating that now captures 36 per- of the Midwest by many conservation- that, if they see this, please vote the cent of the $4 billion per year new win- ist groups. This appropriation legisla- environmental vote. Let us not use this dow market and has saved taxpayers tion also continues an investment kind of thing to stampede Members. nearly $2 billion in energy savings. which the subcommittee and this The Speaker was bragging that he Further advances in the laboratory House last year made of a $400,000 ap- was able to get four Members on that have produced windows that lose less propriation. side of the aisle to change their vote on heat than the wall within which they The point is that establishment of the budget to lift the deficit from this are embedded. the Midewin National Tallgrass Prairie year to next year just by showing my Other energy conservation R&D suc- is a key part of our efforts, a bipartisan face. It must have been because I was cesses include the energy-saving com- effort in the State of Illinois, to rede- not here. pressors that most Americans have in velop the Joliet Arsenal, the largest So, I want to make sure, if that trick their home refrigerators and better and single of piece of property in northern is used on these votes, my colleagues more powerful fluorescent lights. Illinois. In fact, this effort is consid- have now seen the trick. My colleagues ered a national model for redevelop- better have a better excuse for voting b 1115 ment of former surplus military facili- against these really wonderful treas- These examples show that R&D pro- ties and something anyone who has a ures that we should be holding in stew- vides incredible returns to the tax- base closing in their district should ardship and trusteeship for our chil- payers in the form of lower energy look at. The President signed into law dren and for the future. bills. I might say that this is applied legislation to redevelop the Joliet Ar- Let us listen and let us think and re- R&D, which some Members have criti- senal in February of this year. It was a member, those who voted to increase cized as being corporate subsidies. It bipartisan bill, a bipartisan effort. the President’s defense budget by $13 has also produced returns in increased This legislation took the almost billion more than he asked for, how can energy security, high-technology jobs, 24,000 acres of the Joliet Arsenal, set we possibly take away these national environmental protection. The Clinton aside 19,000 acres for establishment and treasures that our forefathers and budget recognizes the value of energy development of the Midewin National foremothers had the vision to put research and development for the fu- Tallgrass Prairie, almost 1,000 acres, away? If we do not fund them and if we ture prosperity of the American econ- what will be the second largest na- do not maintain them, we are going to omy and seeks to increase these efforts tional veterans cemetery in the coun- lose them. by 30 percent within a balanced budget. try, and 3,000 acres for job creation. Just remember, many in this body I might say that this is possible with- Clearly, this is an important project. voted to increase the defense funding, in a balanced budget, and the so-called In fact, the people of Illinois consider and they have now got to gash and cut June 19, 1996 CONGRESSIONAL RECORD — HOUSE H6525 away at the environmental funding. to strengthen the health and vitality of and so I think on balance we have done They have even raised the deficit from the citizens of the United States. a responsible job. I would urge my col- this year to next year. Please do not do I am reading exactly from the bill, leagues to vote for the rule. It is an it with my face. Please do it on the from the law that Congress in the 1960’s open rule. Members will have an oppor- merits. adopted. So, Mr. Speaker, the distin- tunity to offer amendments as they see I cannot really believe that the guished chairman of the Committee on fit. Speaker meant folks on that side were Appropriations, I think, has done a Given those circumstances, I would that afraid of me. I am being made the very good job under hard work, but I not see any reason not to support the big, bad wolf, I guess. Well, do not be thank on this one my colleague has rule. I urge all Members to do so. afraid of me. I am a 55-year-old woman. missed the mark. My colleague has es- Mr. BEILENSON. Mr. Speaker, I This face is not going to kill you. Do sentially not put the priorities where yield 3 minutes to the distinguished not run from this face and do not run the public wants the priorities to be. gentleman from West Virginia [Mr. RA- from the vote. I want no more excuses. There is not a city, there is not a coun- HALL]. Ms. PRYCE. Mr. Speaker, I reserve ty, there is not a State that is not in Mr. RAHALL. Mr. Speaker, I thank the balance of my time. need of more resources to buy from the gentleman for yielding time to me. Mr. BEILENSON. Mr. Speaker, I willing sellers, to invest in manage- Mr. Speaker, I rise in support of this yield 3 minutes to the gentleman from ment opportunities. So for every Mem- rule as well as the fiscal year 1997 ap- propriation bill itself and the Interior California [Mr. FARR]. ber of Congress, my amendment has Department and related agencies. Mr. FARR of California. Mr. Speaker, something in it for them. I would urge While it is not the perfect Interior ap- I thank the gentleman for yielding that, when that amendment comes up propriation bill, I do commend the gen- time to me. under the rule that we are debating tleman from Ohio [Mr. REGULA] for the I rise on this rule, and I think it is a and will be adopting, we all vote for manner and the actions that he took good rule and am going to support it, that amendment. within the context of the spending allo- but to point out that the rule also al- Ms. PRYCE. Mr. Speaker, I yield cations with which he has dealt. lows for this bill to be amended. I want such time as he may consume to the to offer an amendment, an amendment gentleman from Ohio [Mr. REGULA], my b 1130 that is consistent with the purpose for friend and chairman of the subcommit- I believe that he did a decent job of which this fund was created, the land tee. providing for those programs which are and water conservation fund. (Mr. REGULA asked and was given the most important. We are, after all, The Congress back in the 1960’s en- permission to revise and extend his re- in an era of having to make decisions acted this bill and said that we are marks.) in order to prioritize our scarce re- going to allow for offshore oil drilling Mr. REGULA. Mr. Speaker, I thank source dollars. of Federal lands and the revenues from the gentlewoman for yielding time to So while it is true that this bill is those Federal lands, from public lands me. about $400 million less than current will be put into a fund and then that Let me just say that I hope all the year funding, it should be noted that fund will be used to help all the States, Members will carefully review this bill. part of this reduction can be contrib- not just those coastal States that have I think we have done a good job. We uted to the fact that several programs offshore oil drilling but all the States have been very bipartisan in terms of have been terminated and no longer re- for all the people of the United States. projects. There have been on both sides quire funding. This is an important My amendment shows that we have not of the aisle projects that have been fact to bear in mind. been doing that. In essence we have funded. The bill recognizes the fact Further, while cuts are being pro- taken, that account now has about $900 that we have a limited amount of posed for energy conservation and re- million a year income, and reappro- money, we have tried to manage our search programs, those reductions are priated about $400 million out of that. resources carefully. allowing more funds to be plowed into Of that $400 million, $300 million goes This bill is a billion and a half dollars operating our National Park System back to the oil companies to essen- less than in 1995. That is a billion and wildlife refuges, endangered species tially do research for multinational a half that our children and grand- and other resource management agen- corporations to do research. The prob- children will not have to pay in terms cy programs. In my view these are lem I have with that is, oil is also of national debt and in terms of inter- some of the most important aspects of being drilled on State lands. It is being est on that debt. But in the process, I the Interior appropriation bill. drilled on private lands, and there is no think we have taken care of the impor- But most importantly I am support- requirement that in those types of tant things, and we will discuss that ing this bill because it does not reduce drilling operations that money goes more in the general debate. funding for the Office of Surface Min- back for that purpose. I certainly would again urge all of ing, and it contains the moratorium on Then we have shortchanged the the Members to look carefully at the the processing and issuance of hard money that goes back to the Depart- details of the bill. I think working with rock mining patents, an issue this ment of the Interior and to our States the gentleman from Illinois [Mr. House has expressed itself on unani- and from our States to our counties YATES], my colleague on the sub- mously on a number of occasions. The and to our cities. I am concerned that committee, that we have tried to bring OSM in both its regulatory functions this fund, which Congress set up origi- to the floor today a responsible bill and through the abandoned mine rec- nally for that purpose, is not being given the constraints that were put lamation program well serves the citi- used for that purpose anymore. It is upon us by reducing the spending by zens of our Nation’s coalfields. being used to do a lot of other things. the reduced allocation. We have tried So I commend the gentleman from So in my amendment I shift that bal- to address the important things. Ohio [Mr. REGULA], express my grati- ance. Instead of two-thirds for the peo- Last year I talked about must-do’s, tude to him for resisting the agenda ple of America, I suggest that we re- need-to-do’s and nice-to-do’s. The being advanced by certain quarters to verse that and make the funding prior- must-do’s we have done; added $55 mil- gut the Surface Mining Control and ities just the opposite: one-third for lion for the parks, for example. Need- Reclamation Act of 1977 through back- the oil companies and two-thirds for all to-do’s, we have tried to take care of door approaches such through OSM’s the citizens of the United States of problem areas. We have done things budget. The agency took a severe hit in present and future generations and like finish construction that was un- the current year appropriation. It is visitors who are lawfully present with- derway, put a lot of money in for re- operating with about 25 percent less in the boundaries of the United States pairs and maintenance. That is very Federal inspectors, and it is coping and so that they can enjoy the quality and important, and those are need-to-do’s. under the leadership of Director Bob quantity of outdoor recreational re- On the nice-to-do’s, we have to scale Uram. It is doing a job. sources as may be available and are back considerably, but it is important. So I commend the fact this bill is necessary and desirable for individual We also recognize the fact that the largely free of controversial anti-envi- active participation in such recreation taxpayers foot the bill for all of this, ronment, anti-public interest riders H6526 CONGRESSIONAL RECORD — HOUSE June 19, 1996 which plagued our consideration for so Ms. PRYCE. Mr. Speaker, I will re- claimed that the House was going to many appropriation bills last year. serve the balance of my time until my consider bills under an open process. Amendments might be offered today, friend, the gentleman from California I would like to point out that 62 per- Mr. Speaker. Many of my colleagues on [Mr. BEILENSON] concludes. cent of the legislation this session has this side of the aisle will vote for them. Mr. BEILENSON. Mr. Speaker, I been considered under a restrictive Fine. I may vote for them as well. But yield myself such time as I may process. when all is said and done, let us vote consume. for this Interior appropriation bill and Mr. Speaker, at the beginning of this At this point I insert the following vote for the rule. Congress the Republican majority extraneous material in the RECORD: FLOOR PROCEDURE IN THE 104TH CONGRESS 1ST SESSION; COMPILED BY THE RULES COMMITTEE DEMOCRATS

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 1* ...... Compliance ...... H. Res. 6 Closed ...... None. H. Res. 6 ...... Opening Day Rules Package ...... H. Res. 5 Closed ...... None. H.R. 5* ...... Unfunded Mandates ...... H. Res. 38 Restrictive ...... N/A. H.J. Res. 2* ...... Balanced Budget ...... H. Res. 44 Restrictive ...... 2R; 4D. H. Res. 43 ...... Committee Hearings Scheduling ...... H. Res. 43 (OJ) Restrictive ...... N/A. H.R. 101 ...... To transfer a parcel of land to the Taos Pueblo Indians of New Mex- H. Res. 51 Open ...... N/A. ico. H.R. 400 ...... To provide for the exchange of lands within Gates of the Arctic Na- H. Res. 52 Open ...... N/A. tional Park Preserve. H.R. 440 ...... To provide for the conveyance of lands to certain individuals in H. Res. 53 Open ...... N/A. Butte County, California. H.R. 2* ...... Line Item Veto ...... H. Res. 55 Open ...... N/A. H.R. 665* ...... Victim Restitution Act of 1995 ...... H. Res. 61 Open ...... N/A. H.R. 666* ...... Exclusionary Rule Reform Act of 1995 ...... H. Res. 63 Open ...... N/A. H.R. 667* ...... Violent Criminal Incarceration Act of 1995 ...... H. Res. 63 Restrictive ...... N/A. H.R. 668* ...... The Criminal Alien Deportation Improvement Act ...... H. Res. 69 Open ...... N/A. H.R. 728* ...... Local Government Law Enforcement Block Grants ...... H. Res. 79 Restrictive ...... N/A. H.R. 7* ...... National Security Revitalization Act ...... H. Res. 83 Restrictive ...... N/A. H.R. 729* ...... Death Penalty/Habeas ...... N/A Restrictive ...... N/A. S. 2 ...... Senate Compliance ...... N/A Closed ...... None. H.R. 831 ...... To Permanently Extend the Health Insurance Deduction for the Self- H. Res. 88 Restrictive ...... 1D. Employed. H.R. 830* ...... The Paperwork Reduction Act ...... H. Res. 91 Open ...... N/A. H.R. 889 ...... Emergency Supplemental/Rescinding Certain Budget Authority ...... H. Res. 92 Restrictive ...... 1D. H.R. 450* ...... Regulatory Moratorium ...... H. Res. 93 Restrictive ...... N/A. H.R. 1022* ...... Risk Assessment ...... H. Res. 96 Restrictive ...... N/A. H.R. 926* ...... Regulatory Flexibility ...... H. Res. 100 Open ...... N/A. H.R. 925* ...... Private Property Protection Act ...... H. Res. 101 Restrictive ...... 1D. H.R. 1058* ...... Securities Litigation Reform Act ...... H. Res. 105 Restrictive ...... 1D. H.R. 988* ...... The Attorney Accountability Act of 1995 ...... H. Res. 104 Restrictive ...... N/A. H.R. 956* ...... Product Liability and Legal Reform Act ...... H. Res. 109 Restrictive ...... 8D; 7R. H.R. 1158 ...... Making Emergency Supplemental Appropriations and Rescissions ...... H. Res. 115 Restrictive ...... N/A. H.J. Res. 73* ...... Term Limits ...... H. Res. 116 Restrictive ...... 1D; 3R H.R. 4* ...... Welfare Reform ...... H. Res. 119 Restrictive ...... 5D; 26R. H.R. 1271* ...... Family Privacy Act ...... H. Res. 125 Open ...... N/A. H.R. 660* ...... Housing for Older Persons Act ...... H. Res. 126 Open ...... N/A. H.R. 1215* ...... The Contract With America Tax Relief Act of 1995 ...... H. Res. 129 Restrictive ...... 1D. H.R. 483 ...... Medicare Select Extension ...... H. Res. 130 Restrictive ...... 1D. H.R. 655 ...... Hydrogen Future Act ...... H. Res. 136 Open ...... N/A. H.R. 1361 ...... Coast Guard Authorization ...... H. Res. 139 Open ...... N/A. H.R. 961 ...... Clean Water Act ...... H. Res. 140 Open ...... N/A. H.R. 535 ...... Corning National Fish Hatchery Conveyance Act ...... H. Res. 144 Open ...... N/A. H.R. 584 ...... Conveyance of the Fairport National Fish Hatchery to the State of H. Res. 145 Open ...... N/A. Iowa. H.R. 614 ...... Conveyance of the New London National Fish Hatchery Production Fa- H. Res. 146 Open ...... N/A. cility. H. Con. Res. 67 ...... Budget Resolution ...... H. Res. 149 Restrictive ...... 3D; 1R. H.R. 1561 ...... American Overseas Interests Act of 1995 ...... H. Res. 155 Restrictive ...... N/A. H.R. 1530 ...... National Defense Authorization Act; FY 1996 ...... H. Res. 164 Restrictive ...... 36R; 18D; 2 Bipartisan. H.R. 1817 ...... Military Construction Appropriations; FY 1996 ...... H. Res. 167 Open ...... N/A. H.R. 1854 ...... Legislative Branch Appropriations ...... H. Res. 169 Restrictive ...... 5R; 4D; 2 Bipartisan. H.R. 1868 ...... Foreign Operations Appropriations ...... H. Res. 170 Open ...... N/A. H.R. 1905 ...... Energy & Water Appropriations ...... H. Res. 171 Open ...... N/A. H.J. Res. 79 ...... Constitutional Amendment to Permit Congress and States to Prohibit H. Res. 173 Closed ...... N/A. the Physical Desecration of the American Flag. H.R. 1944 ...... Recissions Bill ...... H. Res. 175 Restrictive ...... N/A. H.R. 1868 (2nd rule) ...... Foreign Operations Appropriations ...... H. Res. 177 Restrictive ...... N/A. H.R. 1977 *Rule Defeated* Interior Appropriations ...... H. Res. 185 Open ...... N/A. H.R. 1977 ...... Interior Appropriations ...... H. Res. 187 Open ...... N/A. H.R. 1976 ...... Agriculture Appropriations ...... H. Res. 188 Open ...... N/A. H.R. 1977 (3rd rule) ...... Interior Appropriations ...... H. Res. 189 Restrictive ...... N/A. H.R. 2020 ...... Treasury Postal Appropriations ...... H. Res. 190 Open ...... N/A. H.J. Res. 96 ...... Disapproving MFN for China ...... H. Res. 193 Restrictive ...... N/A. H.R. 2002 ...... Transportation Appropriations ...... H. Res. 194 Open ...... N/A. H.R. 70 ...... Exports of Alaskan North Slope Oil ...... H. Res. 197 Open ...... N/A. H.R. 2076 ...... Commerce, Justice Appropriations ...... H. Res. 198 Open ...... N/A. H.R. 2099 ...... VA/HUD Appropriations ...... H. Res. 201 Open ...... N/A. S. 21 ...... Termination of U.S. Arms Embargo on Bosnia ...... H. Res. 204 Restrictive ...... 1D. H.R. 2126 ...... Defense Appropriations ...... H. Res. 205 Open ...... N/A. H.R. 1555 ...... Communications Act of 1995 ...... H. Res. 207 Restrictive ...... 2R/3D/3 Bi- partisan. H.R. 2127 ...... Labor/HHS Appropriations Act ...... H. Res. 208 Open ...... N/A. H.R. 1594 ...... Economically Targeted Investments ...... H. Res. 215 Open ...... N/A. H.R. 1655 ...... Intelligence Authorization ...... H. Res. 216 Restrictive ...... N/A. H.R. 1162 ...... Deficit Reduction Lock Box ...... H. Res. 218 Open ...... N/A. H.R. 1670 ...... Federal Acquisition Reform Act of 1995 ...... H. Res. 219 Open ...... N/A. H.R. 1617 ...... To Consolidate and Reform Workforce Development and Literacy Pro- H. Res. 222 Open ...... N/A. grams Act (CAREERS). H.R. 2274 ...... National Highway System Designation Act of 1995 ...... H. Res. 224 Open ...... N/A. H.R. 927 ...... Cuban Liberty and Democratic Solidarity Act of 1995 ...... H. Res. 225 Restrictive ...... 2R/2D. H.R. 743 ...... The Teamwork for Employees and Managers Act of 1995 ...... H. Res. 226 Open ...... N/A. H.R. 1170 ...... 3-Judge Court for Certain Injunctions ...... H. Res. 227 Open ...... N/A. H.R. 1601 ...... International Space Station Authorization Act of 1995 ...... H. Res. 228 Open ...... N/A. H.J. Res. 108 ...... Making Continuing Appropriations for FY 1996 ...... H. Res. 230 Closed ...... H.R. 2405 ...... Omnibus Civilian Science Authorization Act of 1995 ...... H. Res. 234 Open ...... N/A. H.R. 2259 ...... To Disapprove Certain Sentencing Guideline Amendments ...... H. Res. 237 Restrictive ...... 1D. H.R. 2425 ...... Medicare Preservation Act ...... H. Res. 238 Restrictive ...... 1D. H.R. 2492 ...... Legislative Branch Appropriations Bill ...... H. Res. 239 Restrictive ...... N/A. H.R. 2491 ...... 7 Year Balanced Budget Reconciliation Social Security Earnings Test H. Res. 245 Restrictive ...... 1D. H. Con. Res. 109 ...... Reform. H.R. 1833 ...... Partial Birth Abortion Ban Act of 1995 ...... H. Res. 251 Closed ...... N/A. H.R. 2546 ...... D.C. Appropriations FY 1996 ...... H. Res. 252 Restrictive ...... N/A. H.J. Res. 115 ...... Further Continuing Appropriations for FY 1996 ...... H. Res. 257 Closed ...... N/A. H.R. 2586 ...... Temporary Increase in the Statutory Debt Limit ...... H. Res. 258 Restrictive ...... 5R. H.R. 2539 ...... ICC Termination ...... H. Res. 259 Open ...... June 19, 1996 CONGRESSIONAL RECORD — HOUSE H6527 FLOOR PROCEDURE IN THE 104TH CONGRESS 1ST SESSION; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.J. Res. 115 ...... Further Continuing Appropriations for FY 1996 ...... H. Res. 261 Closed ...... N/A. H.R. 2586 ...... Temporary Increase in the Statutory Limit on the Public Debt ...... H. Res. 262 Closed ...... N/A. H. Res. 250 ...... House Gift Rule Reform ...... H. Res. 268 Closed ...... 2R. H.R. 2564 ...... Lobbying Disclosure Act of 1995 ...... H. Res. 269 Open ...... N/A. H.R. 2606 ...... Prohibition on Funds for Bosnia Deployment ...... H. Res. 273 Restrictive ...... N/A. H.R. 1788 ...... Amtrak Reform and Privatization Act of 1995 ...... H. Res. 289 Open ...... N/A. H.R. 1350 ...... Maritime Security Act of 1995 ...... H. Res. 287 Open ...... N/A. H.R. 2621 ...... To Protect Federal Trust Funds ...... H. Res. 293 Closed ...... N/A. H.R. 1745 ...... Utah Public Lands Management Act of 1995 ...... H. Res. 303 Open ...... N/A. H. Res. 304 ...... Providing for Debate and Consideration of Three Measures Relating N/A Closed ...... 1D; 2R. to U.S. Troop Deployments in Bosnia. H. Res. 309 ...... Revised Budget Resolution ...... H. Res. 309 Closed ...... N/A. H.R. 558 ...... Texas Low-Level Radioactive Waste Disposal Compact Consent Act ... H. Res. 313 Open ...... N/A. H.R. 2677 ...... The National Parks and National Wildlife Refuge Systems Freedom H. Res. 323 Closed ...... N/A. Act of 1995. PROCEDURE IN THE 104TH CONGRESS 2D SESSION H.R. 1643 ...... To authorize the extension of nondiscriminatory treatment (MFN) to H. Res. 334 Closed ...... N/A. the products of Bulgaria. H.J. Res. 134 ...... Making continuing appropriations/establishing procedures making H. Res. 336 Closed ...... N/A. H. Con. Res. 131 ...... the transmission of the continuing resolution H.J. Res. 134. H.R. 1358 ...... Conveyance of National Marine Fisheries Service Laboratory at H. Res. 338 Closed ...... N/A. Gloucester, Massachusetts. H.R. 2924 ...... Social Security Guarantee Act ...... H. Res. 355 Closed ...... N/A. H.R. 2854 ...... The Agricultural Market Transition Program ...... H. Res. 366 Restrictive ...... 5D; 9R; 2 Bipartisan. H.R. 994 ...... Regulatory Sunset & Review Act of 1995 ...... H. Res. 368 Open rule; Rule tabled ...... N/A. H.R. 3021 ...... To Guarantee the Continuing Full Investment of Social Security and H. Res. 371 Closed rule ...... N/A. Other Federal Funds in Obligations of the United States. H.R. 3019 ...... A Further Downpayment Toward a Balanced Budget ...... H. Res. 372 Restrictive ...... 2D/2R. H.R. 2703 ...... The Effective Death Penalty and Public Safety Act of 1996 ...... H. Res. 380 Restrictive ...... 6D; 7R; 4 Bipartisan. H.R. 2202 ...... The Immigration and National Interest Act of 1995 ...... H. Res. 384 Restrictive ...... 12D; 19R; 1 Bipartisan. H.J. Res. 165 ...... Making further continuing appropriations for FY 1996 ...... H. Res. 386 Closed ...... N/A. H.R. 125 ...... The Gun Crime Enforcement and Second Amendment Restoration Act H. Res. 388 Closed ...... N/A. of 1996. H.R. 3136 ...... The Contract With America Advancement Act of 1996 ...... H. Res. 391 Closed ...... N/A. H.R. 3103 ...... The Health Coverage Availability and Affordability Act of 1996 ...... H. Res. 392 Restrictive ...... N/A. H.J. Res. 159 ...... Tax Limitation Constitutional Amendment ...... H. Res. 395 Restrictive ...... 1D H.R. 842 ...... Truth in Budgeting Act ...... H. Res. 396 Open ...... N/A. H.R. 2715 ...... Paperwork Elimination Act of 1996 ...... H. Res. 409 Open ...... N/A. H.R. 1675 ...... National Wildlife Refuge Improvement Act of 1995 ...... H. Res. 410 Open ...... N/A. H.J. Res. 175 ...... Further Continuing Appropriations for FY 1996 ...... H. Res. 411 Closed ...... N/A. H.R. 2641 ...... United States Marshals Service Improvement Act of 1996 ...... H. Res. 418 Open ...... N/A. H.R. 2149 ...... The Ocean Shipping Reform Act ...... H. Res. 419 Open ...... N/A. H.R. 2974 ...... To amend the Violent Crime Control and Law Enforcement Act of H. Res. 421 Open ...... N/A. 1994 to provide enhanced penalties for crimes against elderly and child victims. H.R. 3120 ...... To amend Title 18, United States Code, with respect to witness re- H. Res. 422 Open ...... N/A. taliation, witness tampering and jury tampering. H.R. 2406 ...... The United States Housing Act of 1996 ...... H. Res. 426 Open ...... N/A. H.R. 3322 ...... Omnibus Civilian Science Authorization Act of 1996 ...... H. Res. 427 Open ...... N/A. H.R. 3286 ...... The Adoption Promotion and Stability Act of 1996 ...... H. Res. 428 Restrictive ...... 1D; 1R. H.R. 3230 ...... Defense Authorization Bill FY 1997 ...... H. Res. 430 Restrictive ...... 41 amends; 20D; 17R; 4 bipartisan H.R. 3415 ...... Repeal of the 4.3-Cent Increase in Transporation Fuel Taxes ...... H. Res. 436 Closed ...... N/A. H.R. 3259 ...... Intelligence Authorization Act for FY 1997 ...... H. Res. 437 Restrictive ...... N/A. H.R. 3144 ...... The Defend America Act ...... H. Res. 438 Restrictive ...... 1D. H.R. 3448/H.R. 1227 ...... The Small Business Job Protection Act of 1996, and The Employee H. Res. 440 Restrictive ...... 2R. Commuting Flexibility Act of 1996. H.R. 3517 ...... Military Construction Appropriations FY 1997 ...... H. Res. 442 Open ...... N/A. H.R. 3540 ...... Foreign Operations Appropriations FY 1997 ...... H. Res. 445 Open ...... N/A. H.R. 3562 ...... The Wisconsin Works Waiver Approval Act ...... H. Res. 446 Restrictive ...... N/A. H.R. 2754 ...... Shipbuilding Trade Agreement Act ...... H. Res. 448 Restrictive ...... 1R. H.R. 3603 ...... Agriculture Appropriations FY 1997 ...... H. Res. 451 Open ...... N/A. H.R. 3610 ...... Defense Appropriations FY 1997 ...... H. Res. 453 Open ...... N/A. H.R. 3662 ...... Interior Appropriations FY 1997 ...... H. Res. 455 Open ...... N/A. * Contract Bills, 67% restrictive; 33% open. ** All legislation 1st Session, 53% restrictive; 47% open. *** All legislation 2d Session, 62% restrictive; 38% open. **** All legislation 104th Congress, 56% restrictive; 44% open. ***** NR indicates that the legislation being considered by the House for amendment has circumvented standard procedure and was never reported from any House committee. ****** PQ Indicates that previous question was ordered on the resolu- tion. ******* Restrictive rules are those which limit the number of amendments which can be offered, and include so-called modified open and modified closed rules as well as completely closed rules and rules providing for consideration in the House as opposed to the Committee of the Whole. This definition of restrictive rule is taken from the Republican chart of resolutions reported from the Rules Committee in the 103d Congress. N/A means not available.

LEGISLATION IN THE 104TH CONGRESS, 2D H.J. Res. 165, making further continuing Let me say that I, for one, recognize SESSION appropriations for fiscal year 1996. that Chairman REGULA and the mem- To date 14 out of 35 of the bills considered H.R. 125, the Crime Enforcement and Sec- ond Amendment Restoration Act of 1996. bers of the committee have made dif- under rules in the 2d session of the 104th ficult choices in crafting this year’s Congress have been considered under an ir- H.R. 3136, the Contract With America Ad- regular procedure which circumvents the vancement Act of 1996. bill. It is never easy to reverse years of H.J. Res. 159, tax limitation constitutional standard committee procedure. They have spiraling increases and bloating bu- amendment. been brought to the floor without any com- H.R. 1675, National Wildlife Refuge Im- reaucracies. mittee reporting them. They are as follows: provement Act of 1995. H.R. 1643, to authorize the extension of The chairman’s system of H.J. Res. 175, making further continuing prioritizing the must-do’s, the need-to- nondiscriminatory treatment (MFN) to the appropriations for fiscal year 1996. products of Bulgaria. H.R. 3562 the Wisconsin Works Waiver Ap- do’s, and the nice-to-do’s, reflects the H.J. Res. 134, making continuing appro- proval Act. kind of fiscal restraint and responsibil- priations for fiscal year 1996. H.R. 1358, conveyance of National Marine Mr. BEILENSON. Mr. Speaker, I ask ity that we need in order to keep us on Fisheries Service Laboratory at Gloucester, our colleagues to join the gentlewoman the glidepath to a balanced Federal Massachusetts. from Ohio [Ms. PRYCE] and I in voting budget. H.R. 2924, the Social Security Guarantee for this open, fair rule. The 1997 Interior appropriations bill Act. Ms. PRYCE. Mr. Speaker, I yield my- H.R. 3021, to guarantee the continuing full self the balance of the time remaining is all making good Government choices investment of Social Security and other Fed- on this side, and I thank the gentleman and responsible spending decisions. It eral funds in obligations of the United from California [Mr. BEILENSON] for his saves the American taxpayers $500 mil- States. lion from last year’s level, and roughly H.R. 3019, a further downpayment toward a remarks. balanced budget. Mr. Speaker, we have heard a lot of $1.5 billion from the 1995 level, while fo- H.R. 2703, the Effective Death Penalty and criticism here this morning about the cusing resources on programs that are Public Safety Act of 1996. funding levels contained in this bill. important to the American people—the H6528 CONGRESSIONAL RECORD — HOUSE June 19, 1996 national parks, forests, wildlife ref- Cox Hobson Myers Thurman Walsh Williams Coyne Hoekstra Myrick Tiahrt Wamp Wise uges, and the Nation’s great cultural Cramer Hoke Nadler Torkildsen Ward Wolf landmarks. Crane Holden Neal Torres Watt (NC) Woolsey Under the terms of this fair and open Cremeans Horn Nethercutt Torricelli Watts (OK) Wynn rule, the House will have an oppor- Cubin Hostettler Neumann Towns Waxman Yates Cummings Houghton Ney Traficant Weldon (FL) Young (AK) tunity to give full consideration to the Cunningham Hoyer Norwood Upton Weldon (PA) Young (FL) environmental, cultural, and Native Danner Hunter Nussle Velazquez Weller Zeliff American programs contained in this Davis Hutchinson Oberstar Vento White Zimmer year’s bill. I urge my colleagues to give de la Garza Hyde Obey Visclosky Whitfield Deal Inglis Olver Walker Wicker this rule their full support. DeLauro Istook Ortiz NAYS—8 Mr. Speaker, I yield back the balance DeLay Jackson (IL) Orton of my time, and I move the previous Dellums Jackson-Lee Owens Chenoweth Montgomery Taylor (MS) question on the resolution. Deutsch (TX) Oxley Crapo Parker Vucanovich Diaz-Balart Jacobs Packard DeFazio Sanders The previous question was ordered. Dickey Jefferson Pallone The resolution was agreed to. Dicks Johnson (CT) Pastor ANSWERED ‘‘PRESENT’’—1 A motion to reconsider was laid on Dingell Johnson (SD) Paxon Lowey Dixon Johnson, E. B. Payne (NJ) the table. Doggett Johnson, Sam Payne (VA) NOT VOTING—18 f Dooley Johnston Pelosi Boehlert Gallegly Schumer Doolittle Jones Peterson (MN) Collins (MI) Kaptur Scott ANNOUNCEMENT BY THE SPEAKER Dornan Kanjorski Petri Emerson Lincoln Tauzin Doyle Kasich Pickett Ford McDade Volkmer PRO TEMPORE Dreier Kelly Pombo Frank (MA) Peterson (FL) Waters The SPEAKER pro tempore (Mr. COL- Duncan Kennedy (MA) Pomeroy Franks (CT) Ramstad Wilson Dunn Kennedy (RI) Porter LINS of Georgia). Pursuant to clause 5 Durbin Kennelly Portman b 1154 of rule I, the Chair will now put the Edwards Kildee Poshard question on each motion to suspend the Ehlers Kim Pryce Mr. COBURN changed his vote from rules on which further proceedings Ehrlich King Quillen ‘‘nay’’ to ‘‘yea.’’ Engel Kingston Quinn were postponed on Tuesday, June 18, So (two-thirds having voted in favor English Kleczka Radanovich thereof) the rules were suspended and 1996, in the order in which that motion Ensign Klink Rahall was entertained. Eshoo Klug Rangel the bill, as amended, was passed. Votes will be taken in the following Evans Knollenberg Reed A motion to reconsider was laid on Everett Kolbe Regula the table. order: H.R. 3005, by the yeas and nays, Ewing LaFalce Richardson and H.R. 3107 by the yeas and nays. Farr LaHood Riggs f The Chair will reduce to 5 minutes Fattah Lantos Rivers Fawell Largent Roberts ANNOUNCEMENT BY THE SPEAKER the time for any electronic vote after Fazio Latham Roemer PRO TEMPORE the first such vote in this series. Fields (LA) LaTourette Rogers The SPEAKER pro tempore (Mr. COL- f Fields (TX) Laughlin Rohrabacher Filner Lazio Ros-Lehtinen LINS of Georgia). Pursuant to the provi- Flake Leach Rose sions of clause 5 of rule I, the Chair an- SECURITIES AMENDMENTS OF 1996 Flanagan Levin Roth nounces that he will reduce to a mini- The SPEAKER pro tempore. The un- Foglietta Lewis (CA) Roukema Foley Lewis (GA) Roybal-Allard mum of 5 minutes the period of time finished business is the question of sus- Forbes Lewis (KY) Royce within which a vote by electronic de- pending the rules and passing the bill, Fowler Lightfoot Rush vice may be taken on the additional H.R. 3005, as amended. Fox Linder Sabo motion to suspend the rules on which The Clerk read the title of the bill. Franks (NJ) Lipinski Salmon Frelinghuysen Livingston Sanford the Chair has postponed further pro- The SPEAKER pro tempore. The Frisa LoBiondo Sawyer ceedings. question is on the motion offered by Frost Lofgren Saxton the gentleman from Virginia [Mr. BLI- Funderburk Longley Scarborough f Furse Lucas Schaefer LEY] that the House suspend the rules Ganske Luther Schiff IRAN AND LIBYA SANCTIONS ACT and pass the bill, H.R. 3005, as amend- Gejdenson Maloney Schroeder OF 1996 ed, on which the yeas and nays are or- Gekas Manton Seastrand dered. Gephardt Manzullo Sensenbrenner The SPEAKER Pro Tempore. The un- Geren Markey Serrano finished business is the question of sus- The vote was taken by electronic de- Gibbons Martinez Shadegg vice, and there were—yeas 407, nays 8, Gilchrest Martini Shaw pending the rules and passing the bill, answered ‘‘present’’ 1, not voting 18, as Gillmor Mascara Shays H.R. 3107, as amended. Gilman Matsui Shuster follows: The Clerk read the title of the bill. Gonzalez McCarthy Sisisky The SPEAKER pro tempore. The [Roll No. 249] Goodlatte McCollum Skaggs Goodling McCrery Skeen question is on the motion offered by YEAS—407 Gordon McDermott Skelton the gentleman from New York [Mr. Abercrombie Bilbray Calvert Goss McHale Slaughter GILMAN] that the House suspend the Ackerman Bilirakis Camp Graham McHugh Smith (MI) Allard Bishop Campbell Green (TX) McInnis Smith (NJ) rules and pass the bill, H.R. 3107, as Andrews Bliley Canady Greene (UT) McIntosh Smith (TX) amended, on which the yeas and nays Archer Blumenauer Cardin Greenwood McKeon Smith (WA) are ordered. Armey Blute Castle Gunderson McKinney Solomon Bachus Boehner Chabot Gutierrez McNulty Souder This is a 5-minute vote. Baesler Bonilla Chambliss Gutknecht Meehan Spence The vote was taken by electronic de- Baker (CA) Bonior Chapman Hall (OH) Meek Spratt vice, and there were—yeas 415, nays 0, Baker (LA) Bono Christensen Hall (TX) Menendez Stark not voting 19, as follows: Baldacci Borski Chrysler Hamilton Metcalf Stearns Ballenger Boucher Clay Hancock Meyers Stenholm [Roll No. 250] Barcia Brewster Clayton Hansen Mica Stockman YEAS—415 Barr Browder Clement Harman Millender- Stokes Barrett (NE) Brown (CA) Clinger Hastert McDonald Studds Abercrombie Barcia Berman Barrett (WI) Brown (FL) Clyburn Hastings (FL) Miller (CA) Stump Ackerman Barr Bevill Bartlett Brown (OH) Coble Hastings (WA) Miller (FL) Stupak Allard Barrett (NE) Bilbray Barton Brownback Coburn Hayes Minge Talent Andrews Barrett (WI) Bilirakis Bass Bryant (TN) Coleman Hayworth Mink Tanner Archer Bartlett Bishop Bateman Bryant (TX) Collins (GA) Hefley Moakley Tate Armey Barton Bliley Becerra Bunn Collins (IL) Hefner Molinari Taylor (NC) Bachus Bass Blumenauer Beilenson Bunning Combest Heineman Mollohan Tejeda Baesler Bateman Blute Bentsen Burr Condit Herger Moorhead Thomas Baker (CA) Becerra Boehner Bereuter Burton Conyers Hilleary Moran Thompson Baker (LA) Beilenson Bonilla Berman Buyer Cooley Hilliard Morella Thornberry Baldacci Bentsen Bono Bevill Callahan Costello Hinchey Murtha Thornton Ballenger Bereuter Borski June 19, 1996 CONGRESSIONAL RECORD — HOUSE H6529 Boucher Forbes Leach Roberts Slaughter Towns that for the first time in the history of Brewster Fowler Levin Roemer Smith (MI) Traficant Browder Fox Lewis (CA) Rogers Smith (NJ) Upton the U.S. House of Representatives, a Brown (CA) Franks (NJ) Lewis (GA) Rohrabacher Smith (TX) Velazquez Member has given birth this morning Brown (FL) Frelinghuysen Lewis (KY) Ros-Lehtinen Smith (WA) Vento to twin sons. Brown (OH) Frisa Lightfoot Rose Solomon Visclosky Brownback Frost Linder Roth Souder Volkmer Born to our colleague BLANCHE LAM- Bryant (TN) Funderburk Lipinski Roukema Spence Vucanovich BERT LINCOLN this morning was their Bryant (TX) Furse Livingston Roybal-Allard Spratt Walker oldest son, Meyers Reese, weighing in Bunn Ganske LoBiondo Royce Stark Walsh Bunning Gejdenson Lofgren Rush Stearns Wamp at 5 pounds, 1 ounce, followed 1 hour Burr Gekas Longley Sabo Stenholm Ward and 10 minutes later by his brother Burton Gephardt Lowey Salmon Stockman Waters Stephen Bennett who weighed in at 6 Buyer Geren Lucas Sanders Stokes Watt (NC) Callahan Gibbons Luther Sanford Studds Watts (OK) pounds, 5 ounces. Mother and twins are Calvert Gilchrest Maloney Sawyer Stump Waxman doing well. Camp Gillmor Manton Saxton Stupak Weldon (FL) Mr. REGULA. Mr. Speaker, will the Campbell Gilman Manzullo Scarborough Talent Weldon (PA) Canady Gonzalez Markey Schaefer Tanner Weller gentleman yield? Cardin Goodlatte Martinez Schiff Tate White Mr. THORNTON. I yield to the gen- Castle Goodling Mascara Schroeder Taylor (MS) Whitfield tleman from Ohio. Chabot Gordon Matsui Scott Taylor (NC) Wicker Chambliss Goss McCarthy Seastrand Tejeda Williams Mr. REGULA. Mr. Speaker, just so Chapman Graham McCollum Sensenbrenner Thomas Wise that we keep the facts straight and Shadegg Thompson Wolf Chenoweth Green (TX) McCrery keep this bipartisan, I want to point Christensen Greene (UT) McDermott Shaw Thornberry Woolsey Chrysler Greenwood McHale Shays Thornton Wynn out to my colleagues that one of our Clay Gunderson McHugh Shuster Thurman Yates Ohio members, Mr. GILLMOR, is the Sisisky Tiahrt Young (AK) Clayton Gutierrez McInnis proud father of twin boys, so we have a Clement Gutknecht McIntosh Skaggs Torkildsen Young (FL) Clinger Hall (OH) McKeon Skeen Torres Zeliff good balance here, and about an equal Clyburn Hall (TX) McKinney Skelton Torricelli Zimmer number of votes on both sides. Coble Hamilton McNulty NOT VOTING—19 Mr. THORNTON. I thank the gen- Coburn Hancock Meehan Coleman Hansen Menendez Boehlert Gallegly Ramstad tleman for his comments. I will say Collins (GA) Harman Metcalf Bonior Kaptur Schumer that it was somewhat easier for Con- Collins (IL) Hastert Meyers Collins (MI) Lincoln Serrano gressman GILLMOR. We celebrate with Combest Hastings (FL) Mica Emerson Martini Tauzin Condit Hastings (WA) Millender- Ford McDade Wilson BLANCHE and her husband, Dr. Steve Conyers Hayes McDonald Frank (MA) Meek Lincoln, the arrival of their sons, but I Cooley Hayworth Miller (CA) Franks (CT) Peterson (FL) Costello Hefley Miller (FL) continue in my claim that this is the Cox Hefner Minge b 1204 first time a Member has given birth to Coyne Heineman Mink twins. Cramer Herger Moakley So (two-thirds having voted in favor Crane Hilleary Molinari thereof) the rules were suspended and Mr. REGULA. I understand. If the Crapo Hilliard Mollohan the bill, as amended, was passed. gentleman will yield, we have not lost Cremeans Hinchey Montgomery The result of the vote was announced a father yet. Cubin Hobson Moorhead Cummings Hoekstra Moran as above recorded. Mr. THORNTON. I thank the gen- Cunningham Hoke Morella The title of the bill was amended so tleman for his comments. Danner Holden Murtha as to read: ‘‘A bill to impose sanctions The SPEAKER pro tempore (Mr. COL- Davis Horn Myers de la Garza Hostettler Myrick on persons making certain investments LINS of Georgia). We appreciate the in- Deal Houghton Nadler directly and significantly contributing formation shared with Members of the DeFazio Hoyer Neal to the enhancement of the ability of House and we congratulate both fami- DeLauro Hunter Nethercutt DeLay Hutchinson Neumann Iran or Libya to develop its petroleum lies. Dellums Hyde Ney resources, and on persons exporting Deutsch Inglis Norwood certain items that enhance Libya’s f Diaz-Balart Istook Nussle Dickey Jackson (IL) Oberstar weapons or aviation capabilities or en- Dicks Jackson-Lee Obey hance Libya’s ability to develop its pe- REMOVAL OF NAME OF MEMBER Dingell (TX) Olver troleum resources, and for other pur- AS COSPONSOR OF H.R. 1462 Dixon Jacobs Ortiz Doggett Jefferson Orton poses.’’ Mr. CALLAHAN. Mr. Speaker, I ask Dooley Johnson (CT) Owens A motion to reconsider was laid on unanimous consent that my name be Doolittle Johnson (SD) Oxley the table. Dornan Johnson, E. B. Packard removed as a cosponsor of H.R. 1462. Doyle Johnson, Sam Pallone f The SPEAKER pro tempore. Is there Dreier Johnston Parker Duncan Jones Pastor PERSONAL EXPLANATION objection to the request of the gen- Dunn Kanjorski Paxon tleman from Alabama? Mrs. MEEK of Florida. Mr. Speaker, I Durbin Kasich Payne (NJ) There was no objection. Edwards Kelly Payne (VA) missed rollcall vote No. 250. If I were Ehlers Kennedy (MA) Pelosi here, I would have voted ‘‘yes.’’ Ehrlich Kennedy (RI) Peterson (MN) f Engel Kennelly Petri The CHAIRMAN. Is there objection English Kildee Pickett to the request of the gentlewoman GENERAL LEAVE Ensign Kim Pombo from Florida? Eshoo King Pomeroy Mr. REGULA. Mr. Speaker, I ask Evans Kingston Porter There was no objection. Everett Kleczka Portman f unanimous consent that all Members Ewing Klink Poshard may have 5 legislative days in which to Farr Klug Pryce ANNOUNCING BIRTH OF TWIN revise and extend their remarks on Fattah Knollenberg Quillen Fawell Kolbe Quinn SONS TO HON. BLANCHE LAM- H.R. 3662, and that I may be permitted Fazio LaFalce Radanovich BERT LINCOLN to include tables, charts, and other ma- Fields (LA) LaHood Rahall terial. Fields (TX) Lantos Rangel (Mr. THORNTON asked and was Filner Largent Reed given permission to address the House The SPEAKER pro tempore. Is there Flake Latham Regula for 1 minute.) objection to the request of the gen- Flanagan LaTourette Richardson Foglietta Laughlin Riggs Mr. THORNTON. Mr. Speaker, it tleman from Ohio? Foley Lazio Rivers gives me great privilege to announce There was no objection. H6530 CONGRESSIONAL RECORD — HOUSE June 19, 1996

N O T I C E Incomplete record of House proceedings. Except for concluding business which follows, today’s House proceedings will be continued in the next issue of the Record.

LEAVE OF ABSENCE Mr. KLECZKA. land, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, By unanimous consent, leave of ab- Mr. WARD. Mr. TORRES. and Long Island in the State of New York sence was granted to: [Docket No. FV–96–929–1FR] received June Mr. RAMSTAD (at the request of Mr. Mr. FILNER. 18, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to ARMEY) for today and the balance of Mrs. SCHROEDER. the Committee on Agriculture. the week, on account of illness. Mr. ABERCROMBIE. 3715. A letter from the Administrator, Ag- ricultural Marketing Service, transmitting Mr. TAUZIN (at the request of Mr. Mr. POSHARD. the Service’s final rule—Irish Potatoes ARMEY) for today, on account of ill- Mr. PALLONE. (The following Members (at the re- Grown in Colorado; Assessment Rate [Dock- ness. et No. FV–96–948–1IFR] received June 18, 1996, quest of Mr. TAYLOR of North Carolina) Mr. YATES (at the request of Mr. GEP- pursuant to 5 U.S.C. 810(a)(1)(A); to the Com- HARDT) after 10 p.m. today, on account and to include extraneous matter:) mittee on Agriculture. of illness. Mr. RADANOVICH. 3716. A letter from the Administrator, Ag- f Mr. WICKER. ricultural Marketing Service, transmitting Mr. COBLE. the Service’s final rule—Fresh Cut Flowers SPECIAL ORDERS GRANTED Mr. SMITH of New Jersey. and Fresh Cut Greens Promotion and Mr. CAMP. Consumer Information Order—Postponement By unanimous consent, permission to of Assessment [Docket No. FV–96–702FR] re- Mr. TALENT. address the House, following the legis- ceived June 18, 1996, pursuant to 5 U.S.C. lative program and any special orders Mr. KNOLLENBERG. 801(a)(1)(A); to the Committee on Agri- heretofore entered, was granted to: Mr. DIAZ-BALART. culture. (The following Members (at the re- Mr. RIGGS in two instances. 3717. A letter from the Administrator, Ag- quest of Ms. JACKSON-LEE of Texas) to Mr. CUNNINGHAM. ricultural Marketing Service, transmitting the Service’s final rule—Limes and Avoca- revise and extend their remarks and in- f does Grown in Florida; Relaxation of Con- clude extraneous material:) ENROLLED BILL SIGNED tainer Marketing Requirements [Docket No. Mr. GEREN of Texas, for 5 minutes, FV–96–911–41FR] received June 19, 1996, pur- today. Mr. THOMAS, from the Committee suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Mrs. COLLINS of Illinois, for 5 min- on House Oversight, reported that that tee on Agriculture. utes, today. committee had examined and found 3718. A letter from the Administrator, Ag- Ms. JACKSON-LEE of Texas, for 5 min- truly enrolled a bill of the House of the ricultural Marketing Service, transmitting utes, today. following title, which were thereupon the Service’s final rule—Graps Grown in a signed by the Speaker: Designated Area of Southeastern California; (The following Members (at the re- Revision of Container Requirements [Docket quest of Mr. TAYLOR of North Carolina) H.R. 3029. An act to designate the United No. FV–96–925–1IFR] received June 19, 1996, to revise and extend their remarks and States courthouse in Washington, District of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- include extraneous material:) Columbia, as the ‘‘E. Barrett Prettyman mittee on Agriculture. Mr. METCALF, for 5 minutes, today. United States Courthouse.’’ 3719. A letter from the Administrator, Ag- Mr. MANZULLO, for 5 minutes, on f ricultural Marketing Service, transmitting June 20. the Service’s final rule—Irish Potatoes SENATE ENROLLED BILL SIGNED Grown in Washington; Modification of the Mr. WICKER, for 5 minutes, today. The SPEAKER announced his signa- Minimum Size Requirements [Docket No. Mr. GUTKNECHT, for 5 minutes, today. FV–96–946–1FR] received June 19, 1996, pursu- Mr. RIGGS, for 5 minutes, today. ture to an enrolled bill of the Senate of ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. COLLINS of Georgia, for 5 min- the following title: on Agriculture. utes, today. S. 1136. An act to control and prevent com- 3720. A letter from the Director, Office of Mr. BRYANT of Tennessee, for 5 min- mercial counterfeiting, and for other pur- Bilingual Education and Minority Languages utes, today. poses. Affairs, Department of Education, transmit- f ting final regulations—Bilingual Education: (The following Member (at his own Graduate Fellowship Program, pursuant to request) to revise and extend his re- ADJOURNMENT 20 U.S.C. 1232(f); to the Committee on Eco- marks and include extraneous mate- nomic and Educational Opportunities. rial:) Mr. HAYWORTH. Mr. Speaker, I 3721. A letter from the Assistant General Mr. KINGSTON, for 5 minutes, today. move that the House do now adjourn. Counsel for Regulations, Department of Edu- f The motion was agreed to; accord- cation, transmitting the Department’s final ingly (at 12 o’clock midnight), the rule—Notice of Final Priority and Limita- EXTENSION OF REMARKS House adjourned until tomorrow, June tion on Use of Funds for Fiscal Years 1996; 20, 1996, at 10 a.m. Elementary School Mathematics and By unanimous consent, permission to Science Equipment Program (Fund for the revise and extend remarks was granted f Improvement of Education (FIE)) received to: June 19, 1996, pursuant to 5 U.S.C. (The following Members (at the re- EXECUTIVE COMMUNICATIONS, 801(a)(1)(A); to the Committee on Economic quest of Ms. JACKSON-LEE of Texas) and ETC. and Educational Opportunities. to include extraneous matter:) Under clause 2 of rule XXIV, execu- 3722. A letter from the Director, Office of Mr. STOKES. tive communications were taken from Regulatory Management and Information, Environmental Protection Agency, transmit- Ms. JACKSON-LEE of Texas. the Speaker’s table and referred as fol- ting the Agency’s final rule—Approval and Mr. HAMILTON. lows: Promulgation of Implementation Plans; Mr. SERRANO. 3713. A letter from the Regulatory Review California—Mammoth Lakes Nonattainment Mr. COSTELLO. Officer, Agricultural Marketing Service, Area; PM10 (FRL–5511–4) received June 18, Mr. MCDERMOTT. transmitting the Service’s final rule—Apri- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. FAZIO of California. cots Grown in Washington; Temporary Sus- Committee on Commerce. Ms. NORTON. pension of the Minimum Grade Requirement 3723. A letter from the Director, Office of [Docket No. FV–96–922–1IFR] to the Commit- Regulatory Management and Information, Mr. BORSKI. tee on Agriculture. Environmental Protection Agency, transmit- Mr. STARK. 3714. A letter from the Administrator, Ag- ting the Agency’s final rule—Approval and Mr. VISCLOSKY. ricultural Marketing Service, transmitting Promulgation of Implementation Plans and Mr. MENENDEZ. the Service’s final rule—Cranberries Grown Designation of Areas for Air Quality Plan- Mr. CLEMENT. in the States of Massachusetts, Rhode Is- ning Purposes; State of Michigan (FRL–5525– June 19, 1996 CONGRESSIONAL RECORD — HOUSE H6531 4) received June 18, 1996, pursuant to 5 U.S.C. (FRL–5521–4) received June 17, 1996, pursuant ed agencies for the fiscal year ending Sep- 801(a)(1)(A); to the Committee on Commerce. to 5 U.S.C. 801(a)(1)(A); to the Committee on tember 30, 1997, and for other purposes (Rept. 3724. A letter from the Director, Office of Commerce. 104–631). Referred to the Committee of the Regulatory Management and Information, 3735. A letter from the Director, Office of Whole House on the State of the Union. Environmental Protection Agency, transmit- Regulatory Management and Information, f ting the Agency’s final rule—Triflusulfuron Environmental Protection Agency, transmit- Methyl; Pesticide Tolerance (FRL–5377–7) re- ting the Agency’s final rule—Fenoxaprop- BILLS PLACED ON THE ceived June 17, 1996, pursuant to 5 U.S.C. Ethyl; Extension of Study Due Date and CORRECTIONS CALENDAR 801(a)(1)(A); to the Committee on Commerce. Time-Limited Tolerances; Correction (FRL– Under clause 4 of rule XIII, the 3725. A letter from the Director, Office of 5372–4) received June 17, 1996, pursuant to 5 Speaker filed with the Clerk a notice Regulatory Management and Information, U.S.C. 801(a)(1)(A); to the Committee on Environmental Protection Agency, transmit- Commerce. requesting that the following bills be ting the Agency’s final rule—Sodium Salt of 3736. A letter from the Director, Office of placed upon the Corrections, Calendar: Acifluorfen; Pesticide Tolerance (FRL–5371– Regulatory Management and Information, H.R. 2531 A bill to amend the Fair Labor 4) received June 17, 1996, pursuant to 5 U.S.C. Environmental Protection Agency, transmit- Standards Act of 1938 to clarify the exemp- 801(a)(1)(A); to the Committee on Commerce. ting the Agency’s final rule—National Emis- tion for houseparents from the minimum 3726. A letter from the Director, Office of sion Standards for Hazardous Air Pollutants wage and maximum hours requirements of Regulatory Management and Information, for Source Categories: Organic Hazardous that Act, and for other purposes. Environmental Protection Agency, transmit- Air Pollutants from the Synthic Organic f ting the Agency’s final rule—Diquat; Pes- Chemical Manufacturing Industry and Other ticide Tolerance (FRL–5372–5) received June Processes Subject to the Negotiated Regula- PUBLIC BILLS AND RESOLUTIONS 17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to tion for Equipment Leaks; Clarifications Under clause 5 of rule X and clause 4 the Committee on Commerce. (FRL–5521–7) received June 17, 1996, pursuant of rule XXII, public bills and resolu- 3727. A letter from the Director, Office of to 5 U.S.C. 801(a)(1)(A); to the Committee on Regulatory Management and Information, tions were introduced and severally re- Commerce. ferred as follows: Environmental Protection Agency, transmit- 3737. A letter from the Assistant Legal Ad- ting the Agency’s final rule—1,1,1,2- viser for Treaty Affairs, Department of By Mr. STUMP (for himself, Mr. MONT- Tetrafluoroethane; Pesticide Tolerance State, transmitting copies of international GOMERY, Mr. EVERETT, Mr. EVANS, (FRL–5376–3) received June 17, 1996, pursuant agreements, other than treaties, entered into Mr. BUYER, and Mr. FILNER): to 5 U.S.C. 801(a)(1)(A); to the Committee on by the United States, pursuant to 1 U.S.C. H.R. 3673. A bill to amend title 38, United Commerce. 112b(a); to the Committee on International States Code, to revise and improve certain 3728. A letter from the Director, Office of Relations. veterans programs and benefits, to authorize Regulatory Management and Information, 3738. A letter from the Associate Attorney the American Battle Monuments Commis- Environmental Protection Agency, transmit- General of the United States, transmitting a sion to enter into arrangements for the re- ting the Agency’s final rule—Oxidized Pine report activities under the Freedom of Infor- pair and long-term maintenance of war me- Lignin, Sodium Salt; Pesticide Tolerance mation Act for the calendar year 1995, pursu- morials for which the Commission assumes (FRL–5375–9) received June 17, 1996, pursuant ant to 5 U.S.C. 552(d); to the Committee on responsibility, and for other purposes; to the to 5 U.S.C. 801(a)(1)(A); to the Committee on Government Reform and Oversight. Committee on Veterans’ Affairs. Commerce. 3739. A letter from the Secretary of the By Mr. STUMP (for himself, Mr. MONT- 3729. A letter from the Director, Office of Treasury, transmitting the semiannual re- GOMERY, Mr. BUYER, Mr. EVERETT, Regulatory Management and Information, port on activities of the inspector general for Mr. EVANS, and Mr. MASCARA): Environmental Protection Agency, transmit- the period October 1, 1995, through March 1, H.R. 3674. A bill to amend title 38, United ting the Agency’s final rule—Quizalofop 1996, and the Secretary’s semiannual report States Code, to clarify the causal relation- Ethyl; Pesticide Tolerance for Use on Pine- for the same period, pursuant to 5 U.S.C. app. ship required between a veteran’s service- apple (FRL–5373–5) received June 17, 1996, (Insp. Gen. Act) section 5(b); to the Commit- connected disability and employment handi- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tee on Government Reform and Oversight. cap for purposes of determining eligibility mittee on Commerce. 3740. A letter from the Assistant Secretary for training and rehabilitation assistance, to 3730. A letter from the Director, Office of of Indian Affairs, Department of the Interior, transfer certain educational assistance enti- Regulatory Management and Information, transmitting the Department’s final rule— tlements from the post-Vietnam era edu- Environmental Protection Agency, transmit- Leasing of Tribal Lands for Mineral Develop- cational assistance program to the Mont- ting the Agency’s final rule—Aluminum Tris ment and Leasing of Allotted Lands for Min- gomery GI bill, and for other purposes; to (O-ethlyphosphonate); Pesticide Tolerance eral Development (Bureau of Indian Affairs) the Committee on Veterans’ Affairs. for Use in or on Blueberry (FRL–5374–7) re- (RIN: 1076–AA82) received June 19, 1996, pur- By Mr. CONYERS: ceived June 17, 1996, pursuant to 5 U.S.C. H.R. 3676. A bill to amend title 18, United suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 801(a)(1)(A); to the Committee on Commerce. States Code, clarify the intent of Congress tee on Resources. 3731. A letter from the Director, Office of with respect to the Federal carjacking prohi- Regulatory Management and Information, f bition; to the Committee on the Judiciary. Environmental Protection Agency, transmit- REPORTS OF COMMITTEES ON By Mr. ENGLISH of Pennsylvania (for ting the Agency’s final rule—Diflubenzuron; himself, Mr. MATSUI, Mr. ROYCE, Mr. PUBLIC BILLS AND RESOLUTIONS Pesticide Tolerance for Use on Artichokes RANGEL, Mr. BONO, Mr. GEJDENSON, (FRL–5370–8) received June 17, 1996, pursuant Under clause 2 of rule XIII, reports of Mr. DORNAN, Mr. TORRES, and Mr. to 5 U.S.C. 801(a)(1)(A); to the Committee on committees were delivered to the Clerk WAXMAN): Commerce. for printing and reference to the proper H.R. 3677. A bill to amend the Internal Rev- 3732. A letter from the Director, Office of enue Code of 1986 relating to the unemploy- Regulatory Management and Information, calendar, as follows: ment tax for individuals employed in the en- Environmental Protection Agency, transmit- [Omitted from the Record of June 18, 1996] tertainment industry; to the Committee on ting the Agency’s final rule—Amendment to Mr. ARCHER: Committee on Ways and Ways and Means. the National Emission Standards for Hazard- Means. H.R. 3161. A bill to authorize the ex- By Mr. JACOBS (for himself, Mr. ous Air Pollutants for Shipbuilding and Ship tension of nondiscriminatory treatment— PORTMAN, Mr. CARDIN, Mrs. JOHNSON Repair (Surface Coating) Operations (FRL– most-favored-nation treatment—to the prod- of Connecticut, Mr. MCDERMOTT, Mr. 5521–5) received June 17, 1996, pursuant to 5 ucts of Romania (Rept. 104–629). Referred to ENGLISH of Pennsylvania, Mr. COYNE, U.S.C. 801(a)(1)(A); to the Committee on the Committee of the Whole House on the Mr. BUNNING of Kentucky, Mr. ABER- Commerce. State of the Union. CROMBIE, Mr. STUPAK, Mr. BALDACCI, 3733. A letter from the Director, Office of Mr. EMERSON, Ms. NORTON, and Mr. [Submitted June 19, 1996] Regulatory Management and Information, EHLERS): Environmental Protection Agency, transmit- Mr. QUILLEN: Committee on Rules. House H.R. 3678. A bill to extend the Medicare ting the Agency’s final rule—Approval and Resolution 456. Resolution providing for con- waiver of liability provisions for home Promulgation of Air Quality Plans; Louisi- sideration of the bill (H.R. 3666) making ap- health agencies, hospice programs, and ana; Revision to the State Implementation propriations for the Departments of Veter- skilled nursing facilities; to the Committee Plan (SIP) Addressing Ozone Monitoring ans Affairs and Housing and Urban Develop- on Ways and Means. (FRL–5522–6) received June 17, 1996, pursuant ment, and for sundry independent agencies, By Mrs. MINK of Hawaii: to 5 U.S.C. 801(a)(1)(A); to the Committee on boards, commissions, corporations, and of- H.R. 3679. A bill to prohibit any increase in Commerce. fices for the fiscal year ending September 30, the amount of a security deposit paid by a 3734. A letter from the Director, Office of 1997, and for other purposes (Rept. 104–630). low-income family for rental of a dwelling Regulatory Management and Information, Referred to the House Calendar. unit receiving Federal rental housing assist- Environmental Protection Agency, transmit- Mr. WOLF: Committee on Appropriations. ance during the occupancy of the family in ting the Agency’s final rule—Operating Per- H.R. 3675. A bill making appropriations for the unit; to the Committee on Banking and mits Program Interim Approval Criteria the Department of Transportation and relat- Financial Services. H6532 CONGRESSIONAL RECORD — HOUSE June 19, 1996

By Mr. JONES (for himself, Mr. HOKE, H.R. 2016: Mr. HOBSON. Ohio, Mr. GREEN of Texas, Ms. NORTON, Mr. Mr. STUMP, Mr. SOLOMON, Mr. H.R. 2026: Mr. GUTKNECHT, Mr. BARCIA, Ms. DINGELL, Mr. EVANS, and Mr. CONYERS. MCHALE, Mr. HUNTER, Mr. MONTGOM- BROWN of Florida, Mr. BROWDER, Mr. BEREU- H.R. 3619: Mr. PETERSON of Minnesota. ERY, Mr. LEWIS of Kentucky, Mr. TER, Mr. GORDON, Mr. KANJORSKI, Mr. THOM- H.R. 3636: Mr. SMITH of Michigan, Mr. DUN- TORKILDSEN, Mr. WATTS of Okla- AS, Mr. EWING, Mr. GOSS, Ms. ESHOO, and Mr. CAN, Mr. LINDER, and Mr. QUILLEN. homa, Mr. EVERETT, Mr. MCHUGH, CHRISTENSEN. H.R. 3648: Mr. LANTOS, Mr. FRAZER, Mr. Mr. ORTIZ, Mr. HOSTETTLER, Mrs. H.R. 2089: Mr. FAWELL. BOUCHER, Mr. EVANS, Mr. UNDERWOOD, and FOWLER, Mr. LONGLEY, and Mr. H.R. 2244: Ms. PRYCE. Mr. FROST. KOLBE): H.R. 2246: Mr. GREEN of Texas. H.R. 3665: Mr. MINGE. H.R. 3680. A bill to amend title 18, United H.R. 2391: Ms. GREENE of Utah and Mr. H.J. Res. 180: Mr. GREEN of Texas. States Code, to carry out the international COBURN. H. Con. Res. 47: Mr. RIGGS and Mrs. obligations of the United States under the H.R. 2545: Ms. EDDIE BERNICE JOHNSON of MYRICK. Geneva Conventions to provide criminal pen- Texas. H. Con. Res. 103: Mr. NADLER and Mr. FRAZ- alties for certain war crimes; to the Commit- H.R. 2651: Mr. BRYANT of Texas. ER. tee on the Judiciary. H.R. 2705: Mr. FRAZER, Mr. BROWN of Ohio, H. Con. Res. 170: Mr. COX. By Ms. NORTON: and Mr. GREEN of Texas. H. Con. Res. 177: Mr. MORAN and Mrs. MEY- H.R. 3681. A bill to provide that if an em- H.R. 2868: Mr. HOKE. ERS of Kansas. ployer provides additional leave to a parent H.R. 2900: Mr. HINCHEY, Mrs. SEASTRAND, H. Res. 285: Ms. FURSE and Mr. CUMMINGS. for the birth such employer shall provide the Mrs. CUBIN, Mr. BEVILL, and Mrs. FOWLER. H. Res. 286: Mr. ENGLISH of Pennsylvania. same leave to a parent for an adopted child H.R. 2928: Mr. LATOURETTE, Mr. SALMON, H. Res. 441: Mr. GILMAN, Mr. LANTOS, Ms. or a foster child; to the Committee on Eco- Mr. STOCKMAN, Mr. SMITH of Michigan, and ROS-LEHTINEN, and Mr. ACKERMAN. nomic and Educational Opportunities, and in Mr. DUNCAN. H. Res. 452: Mr. FAZIO of California. H.R. 3037: Mr. RIGGS, Mr. VOLKMER, Mr. addition to the Committees on Government f Reform and Oversight, and House Oversight, SANDERS, Mr. RAHALL, and Mr. EVANS. for a period to be subsequently determined H.R. 3084: Mr. DELLUMS, Mr. ROMERO- DELETIONS OF SPONSORS FROM BARCELO, Mrs. LOWEY, and Mrs. MINK of Ha- by the Speaker, in each case for consider- PUBLIC BILLS AND RESOLUTIONS ation of such provisions as fall within the ju- waii. risdiction of the committee concerned. H.R. 3118: Ms. LOFGREN. Under clause 4 of rule XXII, sponsors By Mrs. SCHROEDER: H.R. 3119: Mr. BOUCHER. were deleted from public bills and reso- H.R. 3682. A bill to allow certain individ- H.R. 3142: Mr. MINGE, Mr. OXLEY, Mr. DUN- lutions as follows: CAN, and Mr. MCKEON. uals seeking part-time employment to be eli- H.R. 1462: Mr. CALLAHAN. gible to receive unemployment compensa- H.R. 3182: Mr. COSTELLO, Mr. JOHNSON of tion, to require the Secretary of Labor to es- South Dakota, and Mr. RADANOVICH. f H.R. 3195: Mr. BALLENGER and Mr. BURR. tablish and carry out an annual survey relat- H.R. 3201: Mr. DORNAN, Mr. EHLERS, Mr. AMENDMENTS ing to temporary workers, to protect part- COMBEST, Mr. WELLER, Mr. BAESLER, Mr. time and temporary workers relating to pen- Under clause 6 of rule XXIII, pro- CHAMBLISS, Mr. LUTHER, Mr. ROBERTS, Mr. sion and group health plans, and for other posed amendments were submitted as STOCKMAN, Mr. PACKARD, Mr. BUNNING of purposes; to the Committee on Ways and Kentucky, Mr. KLECZKA, and Mr. CALLAHAN. follows: Means, and in addition to the Committees on H.R. 3234: Mr. CRAPO, Mr. TAYLOR of North H.R. 3666 Economic and Educational Opportunities, Carolina, and Mr. SHAW. Government Reform and Oversight, and Na- OFFERED BY: MR. BARR OF GEORGIA H.R. 3244: Mr. FATTAH and Mr. BOEHNER. tional Security, for a period to be subse- AMENDMENT NO. 4: Page 70, line 2, after the H.R. 3252: Mr. TOWNS, Ms. EDDIE BERNICE quently determined by the Speaker, in each dollar amount, insert: ‘‘(increased by JOHNSON of Texas, Mr. CUMMINGS, and Mr. case for consideration of such provisions as $10,000,000)’’. FRAZER. fall within the jurisdiction of the committee Page 70, line 21, after the semicolon insert: H.R. 3266: Mr. LUTHER. concerned. ‘‘$10,000,000 for the Clean Rivers and Lakes H.R. 3277: Mr. CUNNINGHAM, Mr. BAKER of By Mr. TIAHRT: program under section 314 of the Federal Louisiana, and Mr. SCHAEFER. H.R. 3683. A bill to amend the Federal Elec- Water Pollution Control Act;’’ H.R. 3303: Ms. LOFGREN. tion Campaign Act of 1971 to prohibit use of Page 66, line 8, after the dollar amount, in- H.R. 3307: Mr. MCCOLLUM. labor organization dues and fees for political sert the following: ‘‘(reduced by $10,000,000)’’. H.R. 3324: Mr. BARR. activities, and for other purposes; to the H.R. 3338: Mr. MCINTOSH, Mr. ROTH, Mrs. H.R. 3666 Committee on House Oversight. THURMAN, and Mr. WALSH. OFFERED BY: MR. BARR OF GEORGIA By Mr. ENGEL (for himself, Mr. ACK- H.R. 3349: Mr. MASCARA, Mrs. COLLINS of Il- ERMAN, Mr. ANDREWS, Mr. BERMAN, AMENDMENT NO. 5: Page 70, line 21, after linois, Mrs. CLAYTON, Mr. WAXMAN, Mr. Mr. BURTON of Indiana, Mr. CHABOT, the semicolon insert: ‘‘$10,000,000 for the PAYNE of New Jersey, and Mr. FRAZER. Mr. DEUTSCH, Mr. DORNAN, Mr. Clean Rivers and Lakes program under sec- H.R. 3384: Mr. EHRLICH and Mr. PETRI. FORBES, Mr. FRANK of Massachusetts, tion 314 of the Federal Water Pollution Con- H.R. 3423: Mr. LEACH and Mr. SOUDER. Mr. GEJDENSON, Mr. HASTINGS of trol Act;’’ H.R. 3450: Mr. DOYLE. Florida, Mr. KILDEE, Mr. KING, Mr. H.R. 3666 H.R. 3460: Mr. HYDE and Mr. JOHNSTON of KNOLLENBERG, Mr. LAHOOD, Mr. LAN- Florida. OFFERED BY: MR. BARR OF GEORGIA TOS, Mr. LEVIN, Mrs. LOWEY, Mr. H.R. 3477: Ms. RIVERS and Ms. LOFGREN. AMENDMENT NO. 6: Page 71, line 4, after the MCCOLLUM, Mr. MCNULTY, Ms. MOL- H.R. 3482: Mr. DELLUMS, Mrs. MINK of Ha- semicolon insert: Provided further, That from INARI, Ms. ROS-LEHTINEN, Mr. waii, Mr. DEFAZIO, Ms. SLAUGHTER, Mr. funds appropriated under this heading, the SAXTON, and Mr. TORRICELLI): STEARNS, Mr. FRANK of Massachusetts, Mr. Administrator may use $10,000,000 for the H. Con. Res. 190. Concurrent resolution TORRES, Ms. LOFGREN, Mr. EVANS, and Mr. Clean Rivers and Lakes program under sec- urging the Government of Syria to withdraw SHAYS. tion 314 of the Federal Water Pollution Con- its armed forces from Lebanon; to the Com- H.R. 3496: Mr. EHLERS and Mr. DELLUMS. trol Act;’’ mittee on International Relations. H.R. 3508: Mr. BAKER of California, Mr. H.R. 3666 f GREEN of Texas, and Mrs. SCHROEDER. H.R. 3533: Mr. FROST, Ms. VELAZQUEZ, Mr. OFFERED BY: MR. BENTSEN ADDITIONAL SPONSORS ACKERMAN, and Mr. HINCHEY. AMENDMENT NO. 7: Page 95, after line 21 in- Under clause 4 of rule XXII, sponsors H.R. 3564: Mr. LATOURETTE, Mr. CANADY, sert the following new section: Ms. DELAURO, and Mr. KLECZKA. Sec. 422. None of the funds made available were added to public bills and resolu- H.R. 3568: Mr. WALKER. in this Act may be used by the Environ- tions as follows: H.R. 3602: Mr. EVANS and Mr. HUTCHINSON. mental Protection Agency to issue, reissue, H.R. 359: Mr. BEVILL. H.R. 3605: Mr. BILBRAY, Mr. MORAN, Mr. or renew any approval or authorization for H.R. 708: Mr. CUNNINGHAM. DREIER, Mr. POMBO, Mr. MOORHEAD, Mr. KIM, any facility to store or dispose of poly- H.R. 878: Mr. YATES and Mr. KASICH. Mr. ROYCE, Mr. ROHRABACHER, Mr. DOO- chlorinated biphenyls when it is made known H.R. 1010: Mr. MATSUI, Mr. DEUTSCH, Mrs. LITTLE, Mr. MCKEON, Mr. BAKER of Califor- to the Federal official having authority to MINK of Hawaii, and Mr. BAKER of Louisiana. nia, Mr. HERGER, Mrs. SEASTRAND, Mr. obligate or expend such funds that there is in H.R. 1229: Ms. HARMAN. RADANOVICH, Mr. COX, Mr. CALVERT, Mr. effect at the time of the issuance, reissuance, H.R. 1750: Ms. DELAURO. HUNTER, Mr. PACKARD, Mr. CUNNINGHAM, Mr. or renewal a rule authorizing any person to H.R. 1776: Mr. CHRISTENSEN and Mr. GEP- CAMPBELL, Mr. FAZIO of California, Mr. import into the customs territory of the HARDT. DOOLEY, Mr. MATSUI, Mr. LANTOS, Mr. BER- United States for treatment or disposal any H.R. 1805: Mr. SAXTON. MAN, Mr. DIXON, and Ms. LOFGREN. polychlorinated biphenyls, or poly- H.R. 1863: Mr. LEACH. H.R. 3618: Mr. CASTLE, Mr. DELLUMS, Mr. chlorinated biphynyl items, at concentra- H.R. 1899: Mr. YATES and Ms. NORTON. STARK, Mr. FAZIO of California, Mr. BROWN of tions of more than 50 part per million. June 19, 1996 CONGRESSIONAL RECORD — HOUSE H6533 H.R. 3666 H.R. 3666 Community Service may be used to award OFFERED BY: MR. BENTSEN OFFERED BY: MR. GUTKNECHT any grant to any national service program when it is made known to the Federal offi- AMENDMENT NO. 8: Page 95, after line 21 in- AMENDMENT NO. 14: Page 95, after line 21, cial having authority to obligate or expend sert the following new section: insert the following new section: such funds that the amount of such grant ex- Sec. 422. None of the funds made available SEC. 422. Each amount appropriated or oth- ceeds $21,000 per program participant, using in this Act may be used by the Environ- erwise made available by this Act that is not the accounting methodology utilized by the mental Protection Agency to issue, reissue, required to be appropriated or otherwise Government Accounting Office in its cost or renew any approval or authorization for made available by a provision of law is here- study of the Corporation. any facility to store or dispose of poly- by reduced by 1.9 percent. H.R. 3666 chlorinated biphenyls when it is made known H.R. 3666 to the Federal official having authority to OFFERED BY: MR. HOKE OFFERED BY: MR. HEFLEY obligate or expend such funds that there is AMENDMENT NO. 23: At the end of the item AMENDMENT NO. 15: Page 37, after included as a binding and enforceable term relating to ‘‘DEPARTMENT OF HOUSING ‘‘$962,558,000’’ insert ‘‘(reduced by of the issuance, reissuance, or renewal a AND URBAN DEVELOPMENT—COMMUNITY $42,000,000)’’. commitment of the recipient of the issuance, PLANNING AND DEVELOPMENT—COMMUNITY DE- Page 69, line 8, after ‘‘$46,500,000’’ insert reissuance, or renewal not to receive at the VELOPMENT BLOCK GRANTS FUND’’, insert the ‘‘(increased by $20,000,000)’’. facility covered by the issuance, reissuance, following: or renewal any polychlorinated biphenyls, or H.R. 3666 Of the amount made available under this polychlorinated biphenyl items, at con- OFFERED BY: MR. HOEKSTRA heading, $5,000,000 shall be available for the centrations of more than 50 parts per million AMENDMENT NO. 16: In the item relating to John Heinz Neighborhood Development Pro- that have been imported from outside the ‘‘CORPORATION FOR NATIONAL AND COMMUNITY gram under section 123 of the Housing and customs territory of the United States for SERVICE—NATIONAL AND COMMUNITY SERVICE Urban-Rural Recovery Act of 1983. treatment or disposal. PROGRAMS OPERATING EXPENSES’’, after each H.R. 3666 H.R. 3666 of the first and penultimate dollar amounts, OFFERED BY: MR. HOKE OFFERED BY: MR. BENTSEN insert the following: ‘‘(reduced by AMENDMENT NO. 24: Page 95, after line 21, $12,787,000)’’. AMENDMENT NO. 9: At the end of the bill, insert the following new section: insert after the last section (preceding the H.R. 3666 SEC. 422. None of the funds appropriated by short title) the following new section: OFFERED BY: MR. HOEKSTRA this Act may be used for the aircraft consoli- SEC. 422. None of the funds made available AMENDMENT NO. 17: In the item relating to dation at the Dryden Flight Research Center in this Act may be used by the Environ- proposed in May 1995 in the Zero-Base Re- mental Protection Agency to issue, imple- ‘‘CORPORATION FOR NATIONAL AND COMMUNITY SERVICE—NATIONAL AND COMMUNITY SERVICE view of the National Aeronautics and Space ment, administer, or enforce any rule or Administration. order when it is made known to the Federal PROGRAMS OPERATING EXPENSES’’, after each official having authority to obligate or ex- of the first and penultimate dollar amounts, H.R. 3666 pend such funds that the rule or order au- insert the following: ‘‘(reduced by OFFERED BY: MS. JACKSON-LEE $1,100,000)’’. thorizes any person to import into the Unit- AMENDMENT NO. 25: Page 95, after line 21, ed States (pursuant to an exemption under H.R. 3666 insert the following new section: section 6(e)(3)(B) of the Toxic Substances OFFERED BY: MR. HOEKSTRA SEC. 422. None of the funds made available Control Act or otherwise) any waste contain- AMENDMENT NO. 18: In the item relating to in this Act may be used to provide assistance ing concentrations or more than 50 parts per ‘‘CORPORATION FOR NATIONAL AND COMMUNITY under section 8 of the United States Housing million (ppm) or polychlorinated biphenyls SERVICE—NATIONAL AND COMMUNITY SERVICE Act of 1937 when it is made known to the for the purposes of disposal or treatment. PROGRAMS OPERATING EXPENSES’’— Federal official having authority to obligate H.R. 3666 (1) after the sixth dollar amount, insert the or expend such funds that— (1) the assistance will be used for tenant- OFFERED BY: MR. BROWN OF CALIFORNIA following: ‘‘(increased by $30,000,000)’’; and (2) strike the tenth proviso. based assistance in connection with the revi- AMENDMENT NO. 10: At the end of the bill, talization of severely distressed public hous- insert after the last section (preceding the H.R. 3666 ing; and short title) the following new section: OFFERED BY: MR. HOEKSTRA (2) the public housing agency to which SEC. . None of the funds made available in AMENDMENT NO. 19: At the end of the bill, such funds are to be provided— this Act for the National Aeronautics and insert after the last section (preceding the (A) has a waiting list for public housing of Space Administration may be used for the short title) the following new section: not less than 10,000 families; National Center for Science Literacy, Edu- SEC. . None of the funds made available in (B) has a jurisdiction for which the Sec- cation and Technology at the American Mu- this Act for the Corporation for National and retary of Housing and Urban Development seum of Natural History. Community Service may be used for the op- has determined (pursuant to section H.R. 3666 eration of the Presidio Leadership Center at 203(e)(2)(A) of the Housing and Community OFFERED BY: MR. BROWNBACK the Presidio National Park in San Francisco, Development Amendments of 1978 or other- AMENDMENT NO. 11: Page 28, line 20, after California, or for the operation of any other wise) that there is not an adequate supply of the dollar amount, insert the following: ‘‘(in- training facility. habitable, affordable housing for low-income creased by $352,000,000)’’. H.R. 3666 families using tenant-based assistance; and Page 61, line 14, strike ‘‘$365,000,000’’ and (C) does not include, under its plan for re- OFFERED BY: MR. HOEKSTRA all that follows through page 64, line 4, and vitalization of severely distressed public insert ‘‘$15,000,000.’’. AMENDMENT NO. 20: At the end of the bill, housing, replacement of some of the public insert after the last section (preceding the H.R. 3666 housing dwelling units demolished with new short title) the following new section: units. OFFERED BY: MR. DURBIN SEC. . None of the funds made available in H.R. 3666 AMENDMENT NO. 12: Page 65, line 16, after this Act for the Corporation for National and FFERED BY: MR. KENNEDY OF the second dollar amount, insert the follow- Community Service may be used for training O MASSACHUSETTS ing: ‘‘(reduced by $1,500,000)’’. and technical assistance contracts. AMENDMENT NO. 26: In the item relating to Page 66, line 8, after the dollar amount, in- H.R. 3666 sert the following: ‘‘(increased by ‘‘DEPARTMENT OF HOUSING AND URBAN $1,500,000)’’. OFFERED BY: MR. HOEKSTRA DEVELOPMENT—HOUSING PROGRAMS—AN- H.R. 3666 AMENDMENT NO. 21: At the end of the bill, NUAL CONTRIBUTIONS FOR ASSISTED HOUSING’’, insert after the last section (preceding the after ‘‘$5,372,000,000’’ insert ‘‘(increased by OFFERED BY: MR. DURBIN short title) the following new section: $174,000,000)’’. AMENDMENT NO. 13: In the item relating to SEC. . None of the funds made available in In the item relating to ‘‘INDEPENDENT ‘‘DEPARTMENT OF HOUSING AND URBAN this Act for the Corporation for National and AGENCIES—NATIONAL AERONAUTICS AND DEVELOPMENT—COMMUNITY PLANNING AND Community Service may be used for uni- SPACE ADMINISTRATION—HUMAN SPACE DEVELOPMENT—COMMUNITY DEVELOPMENT forms, site signs, palm cards, or any other FLIGHT’’, after ‘‘$5,362,900,000’’ insert ‘‘(de- BLOCK GRANTS FUND’’, after $4,300,000,000’’ in- national identity activity. creased by $174,000,000)’’. sert ‘‘(increased by $300,000,000, which addi- H.R. 3666 H.R. 3666 tional amounts shall become available on September 30, 1997)’’. OFFERED BY: MR. HOEKSTRA OFFERED BY: MR. KENNEDY OF In the item relating to ‘‘INDEPENDENT AMENDMENT NO. 22: At the end of the bill, MASSACHUSETTS AGENCIES—FEDERAL EMERGENCY MANAGE- insert after the last section (preceding the AMENDMENT NO. 27: In the item relating to MENT AGENCY—DISASTER RELIEF’’, after short title) the following new section: ‘‘DEPARTMENT OF HOUSING AND URBAN $1,320,000,000’’ insert ‘‘(reduced by SEC. . None of the funds made available in DEVELOPMENT—COMMUNITY PLANNING AND $300,000,000)’’. this Act for the Corporation for National and DEVELOPMENT—HOMELESS ASSISTANCE H6534 CONGRESSIONAL RECORD — HOUSE June 19, 1996

FUNDS’’, after ‘‘823,000,000’’ insert ‘‘(increased is attributable to a status or activity of such FOR PERSONS WITH AIDS,’’ after the dollar by $297,000,000)’’. person that existed or occurred prior to Jan- amount, insert the following: ‘‘(increased by In the item relating to ‘‘INDEPENDENT uary 1, 1987. $15,000,000)’’. AGENCIES—NATIONAL AERONAUTICS AND H.R. 3666 In the item relating to ‘‘NATIONAL AERO- SPACE ADMINISTRATION—HUMAN SPACE NAUTICS AND SPACE ADMINISTRATION— OFFERED BY: MR. MINGE FLIGHT’’, after ‘‘$5,362,900,000’’ insert ‘‘(de- SCIENCE, AERONAUTICS AND TECHNOLOGY’’, creased by $297,000,000)’’. AMENDMENT NO. 36: Page 30, line 13, strike after the dollar amount, insert the following: ‘‘, including’’ and all that follows through H.R. 3666 ‘‘(reduced by $15,000,000)’’. line 17 and insert a period. OFFERED BY: MR. KLUG H.R. 3666 H.R. 3666 OFFERED BY: MR. SHAYS AMENDMENT NO. 28: Page 30, line 13, strike OFFERED BY: MR. PALLONE ‘‘, including’’ and all that follows through AMENDMENT NO. 45: In the item relating to line 17 and insert a period. AMENDMENT NO. 37: Strike the last proviso ‘‘DEPARTMENT OF HOUSING AND URBAN under the heading HAZARDOUS SUB- H.R. 3666 DEVELOPMENT—HOUSING OPPORTUNITIES STANCE SUPERFUND. FOR PERSONS WITH AIDS,’’ after the dollar OFFERED BY: MR. KOLBE H.R. 3666 amount, insert the following: ‘‘(increased by AMENDMENT NO. 29: Strike Section 421 of $15,000,000)’’. OFFERED BY: MR. ROEMER the bill. In the item relating to ‘‘NATIONAL AERO- AMENDMENT NO. 38: At the end of the item H.R. 3666 NAUTICS AND SPACE ADMINISTRATION— relating to ‘‘NATIONAL AERONAUTICS AND SCIENCE, AERONAUTICS AND TECHNOLOGY’’, OFFERED BY: MR. LAZIO SPACE ADMINISTRATION—ADMINISTRATIVE after the dollar amount, insert the following: AMENDMENT NO. 30: Page 19, line 9, after PROVISIONS’’, insert the following: ‘‘(reduced by $60,000,000)’’. the dollar amount insert ‘‘(reduced by The amounts otherwise provided in this H.R. 3666 $235,000,000)’’. title for the following accounts and activi- Page 19, line 11, after the dollar amount in- ties of the National Aeronautics and Space OFFERED BY: MR. SHAYS sert ‘‘(reduced by $235,000,000)’’. Administration are hereby reduced by the AMENDMENT NO. 46: In the item relating to Page 20, line 18, after the dollar amount in- following amounts: ‘‘DEPARTMENT OF HOUSING AND URBAN sert ‘‘(increased by $235,000,000)’’. (1) ‘‘Human Space Flight’’, $1,840,200,000. DEVELOPMENT—HOUSING OPPORTUNITIES H.R. 3666 (2) ‘‘Science, Aeronautics and Tech- FOR PERSONS WITH AIDS’’, after the dollar nology’’, $308,400,000. amount, insert the following: ‘‘(increased by OFFERED BY: MR. LAZIO H.R. 3666 $15,000,000)’’. AMENDMENT NO. 31: Page 19, line 9, after In the item relating to ‘‘NATIONAL AERO- OFFERED BY: MR. ROEMER the dollar amount insert ‘‘(reduced by NAUTICS AND SPACE ADMINISTRATION—MISSION $100,000,000)’’. AMENDMENT NO. 39: In the item relating to SUPPORT’’, after the last dollar amount, in- Page 19, line 11, after the dollar amount in- ‘‘NATIONAL AERONAUTICS AND SPACE ADMINIS- sert the following: ‘‘(reduced by $15,000,000)’’. sert ‘‘(reduced by $100,000,000)’’. TRATION—HUMAN SPACE FLIGHT’’, after the H.R. 3666 Page 20, line 18, after the dollar amount in- dollar amount, insert the following: ‘‘(re- OFFERED BY: MR. SHAYS sert ‘‘(increased by $100,000,000)’’. duced by $75,000,000)’’. AMENDMENT NO. 47: In the item relating to H.R. 3666 H.R. 3666 ‘‘DEPARTMENT OF HOUSING AND URBAN OFFERED BY: MR. LAZIO OFFERED BY: MR. ROEMER DEVELOPMENT—HOUSING OPPORTUNITIES AMENDMENT NO. 32: Page 19, line 9, after AMENDMENT NO. 40: At the end of the bill, FOR PERSONS WITH AIDS’’, after the dollar the dollar amount insert ‘‘(reduced by insert after the last section (preceding the amount, insert the following: ‘‘(increased by $84,000,000)’’. short title) the following new section: $15,000,000)’’. Page 19, line 11, after the dollar amount in- SEC. . None of the funds made available in In the item relating to ‘‘NATIONAL AERO- sert ‘‘(reduced by $84,000,000)’’. this Act for the National Aeronautics and NAUTICS AND SPACE ADMINISTRATION—MISSION Page 20, line 24, after the dollar amount in- Space Administration may be used to carry SUPPORT’’, after the last dollar amount, in- sert ‘‘(increased by $84,000,000)’’. out, or pay the salaries of personnel who sert the following: ‘‘(reduced by $60,000,000)’’. H.R. 3666 carry out, the Bion 11 and Bion 12 projects. H.R. 3666 OFFERED BY: MR. LAZIO H.R. 3666 OFFERED BY: MR. SHAYS AMENDMENT NO. 33: Page 19, line 9, after OFFERED BY: MR. SANDERS AMENDMENT NO. 48: In the item relating to the dollar amount insert ‘‘(reduced by AMENDMENT NO. 41: Page 37, line 13, after ‘‘DEPARTMENT OF HOUSING AND URBAN $40,000,000)’’. the first dollar amount, insert the following: DEVELOPMENT—HOUSING OPPORTUNITIES Page 19, line 11, after the dollar amount in- ‘‘(reduced by $1,411,000)’’. FOR PERSONS WITH AIDS’’, after the dollar sert ‘‘(reduced by $40,000,000)’’. Page 64, line 9, after the dollar amount, in- amount, insert the following: ‘‘(increased by Page 20, line 24, after the dollar amount in- sert the following: ‘‘(increased by $15,000,000, which additional amount shall be- sert ‘‘(increased by $40,000,000)’’. $1,411,000)’’. come available for obligation on September H.R. 3666 H.R. 3666 30, 1997)’’. In the item relating to ‘‘FEDERAL EMER- OFFERED BY: MRS. LOWEY OFFERED BY MR. SHAYS GENCY MANAGEMENT AGENCY—DISASTER RE- AMENDMENT NO. 34: Page 70, line 21, after AMENDMENT NO. 42: In the item relating to LIEF’’, after the dollar amount, insert the the semicolon insert: ‘‘$15,000,000 for grants ‘‘DEPARTMENT OF HOUSING AND URBAN following: ‘‘(reduced by $15,000,000)’’. to the State of New York to be used for New DEVELOPMENT—HOUSING OPPORTUNITIES H.R. 3666 York City Watershed Protection;’’. FOR PERSONS WITH AIDS,’’ after the dollar OFFERED BY: MR. SOLOMON H.R. 3666 amount, insert the following: ‘‘(increased by $15,000,000)’’. AMENDMENT NO. 49: Page 95, after line 21, OFFERED BY: MR. MARKEY insert the following new sections: In the item relating to ‘‘FEDERAL EMER- AMENDMENT NO. 35: Page 95, after line 21, SEC. 422. (a) DENIAL OF FUNDS FOR PRE- GENCY MANAGEMENT AGENCY—SALARIES AND insert: VENTING ROTC ACCESS TO CAMPUS.—None of EXPENSES’’, after the last dollar amount, in- SEC. 422. None of the funds made available the funds made available in this Act may be sert the following: ‘‘(reduced by $15,000,000)’’. to the Environmental Protection Agency provided by contract or by grant (including a under the heading HAZARDOUS SUB- H.R. 3666 grant of funds to be available for student STANCE SUPERFUND may be used to pro- OFFERED BY: MR. SHAYS aid) to an institution of higher education vide any reimbursement of response costs in- AMENDMENT NO. 43: In the item relating to when it is made known to the Federal offi- curred by any person when it is made known ‘‘DEPARTMENT OF HOUSING AND URBAN cial having authority to obligate or expend to the official having the authority to obli- DEVELOPMENT—HOUSING OPPORTUNITIES such funds that the institution (or any sub- gate such funds that such person has agreed FOR PERSONS WITH AIDS,’’ after the dollar element thereof) has a policy or practice (re- to pay such costs under a judicially approved amount, insert the following: ‘‘(increased by gardless of when implemented) that pro- consent decree entered into before the enact- $15,000,000)’’. hibits, or in effect prevents— ment of this Act, and none of the funds made In the item relating to ‘‘NATIONAL AERO- (1) the maintaining, establishing, or oper- available under such heading may be used to NAUTICS AND SPACE ADMINISTRATION—HUMAN ation of a unit of the Senior Reserve Officer pay any amount when it is made known to SPACE FLIGHT’’, after the dollar amount, in- Training Corps (in accordance with section the official having the authority to obligate sert the following: ‘‘(reduced by $15,000,000)’’. 654 of title 10, United States Code, and other such funds that such amount represents a applicable Federal laws) at the institution H.R. 3666 retroactive liability discount or similar re- (or subelement); or imbursement for response costs incurred by OFFERED BY: MR. SHAYS (2) a student at the institution ( or subele- any person for liability under section 107 of AMENDMENT NO. 44: In the item relating to ment) from enrolling in a unit of the Senior the Comprehensive Environmental Response, ‘‘DEPARTMENT OF HOUSING AND URBAN Reserve Officer Training Corps at another in- Compensation, and Liability Act of 1980 that DEVELOPMENT—HOUSING OPPORTUNITIES stitution of higher education. June 19, 1996 CONGRESSIONAL RECORD — HOUSE H6535

(b) EXCEPTION.—The limitation established cal care’’ is hereby increased by, the amount (B) by striking out ‘‘other’’ and all that in subsection (a) shall not apply to an insti- provided in title I for ‘‘Departmental Admin- follows through ‘‘medical schools’’ and in- tution of higher education when it is made istration—General operating expenses’’ is serting in lieu thereof ‘‘any medical school, known to the Federal official having author- hereby increased by, and each amount of health-care provider, health-care plan, in- ity to obligate or expend such funds that— budget authority provided in this Act for surer, or other entity or individual’’; (a) the institution (or subelement) has payments not required by law for the fiscal (2) in subsection (a)(2) by striking out ceased the policy or practice described in year ending September 30, 1997 (other than ‘‘only’’ and all that follows through ‘‘are such subsection; or any amount of budget authority provided in not’’ and inserting in lieu thereof ‘‘if such re- (2) the institution has a longstanding pol- title I and any such amount provided in title sources are not, or would not be,’’; icy of pacifism based on historical religious III for the American Battle Monuments Com- (3) in subsection (b), by striking out ‘‘re- affiliation. mission, the Court of Veterans Appeals, or ciprocal reimbursement’’ in the first sen- SEC. 423. (a) DENIAL OF FUNDS FOR PRE- Cemeterial Expenses, Army), is hereby re- tence and all that follows through the period VENTING FEDERAL MILITARY RECRUITING ON duced by, $40,000,000, $17,000,000, and 0.40 per- at the end of that sentence and inserting in CAMPUS.—None of the funds made available cent, respectively. lieu thereof ‘‘payment to the Department in in this Act may be provided by contract or H.R. 3666 accordance with procedures that provide ap- grant (including a grant of funds to be avail- propriate flexibility to negotiate payment OFFERED BY: MR. TIAHRT able for student aid) to any institution of which is in the best interest of the Govern- higher education when it is made known to AMENDMENT NO. 51: Page 8, line 8, after the ment.’’; the Federal official having authority to obli- dollar amount, insert the following: ‘‘(in- (4) in subsection (d), by striking out ‘‘pre- gate or expend such funds that the institu- creased by $20,000,000)’’. clude such payment, in accordance with—’’ tion (or any subelement thereof) has a policy Page 8, line 19, after the dollar amount, in- and all that follows through ‘‘to such facility or practice (regardless of when implemented) sert the following: ‘‘(increased by therefor’’ and inserting in lieu thereof ‘‘pre- that prohibits, or in effect prevents— $20,000,000)’’. clude such payment to such payment to such (1) entry to campuses, or access to stu- Page 61, line 14, after each of the two dol- facility for such care or services’’; dents (who are 17 years of age or older) on lar amounts, insert the following: ‘‘(reduced (5) by redesignating subsection (e) as sub- campuses, for purposes of Federal military to $0)’’. section (f); and recruiting; or Page 64, line 4, after the dollar amount, in- (6) by inserting after subsection (d) the fol- (2) access to the following information per- sert the following: ‘‘(reduced to $0)’’. lowing new subsection (e): taining to students (who are 17 years of age H.R. 3666 ‘‘(e) The Secretary may make an arrange- or older) for purposes of Federal military re- OFFERED BY: MR. WALKER ment that authorizes the furnishing of serv- cruiting, student names, addresses, tele- ices by the Secretary under this section to AMENDMENT NO. 52: In the item relating to phone listings, dates and places of birth, lev- individuals who are not veterans only if the ‘‘NATIONAL SCIENCE FOUNDATION—RESEARCH els of education, degrees received, prior mili- Secretary determines— AND RELATED ACTIVITIES’’, after the first dol- tary experience, and the most recent pre- ‘‘(1) that such an arrangement will not re- vious educational institutions enrolled in by lar amount, insert the following: ‘‘(increased by $9,110,000)’’. sult in the denial of, or a delay in providing the students. access to, care to any veteran at that facil- In the item relating to ‘‘NATIONAL SCIENCE (b) EXCEPTION.—The limitation established ity; and FOUNDATION—SALARIES AND EXPENSES’’, after in subsection (a) shall not apply to an insti- ‘‘(2) that such an arrangement— tution of higher education when it is made the second dollar amount, insert the follow- ing: ‘‘(reduced by $9,110,000)’’. ‘‘(A) is necessary to maintain an accept- known to the Federal official having author- able level and quality of service to veterans ity to obligate or expend such funds that— H.R. 3666 at that facility; or (1) the institution (or subelement) has OFFERED BY: MR. WELLER ‘‘(B) will result in the improvement of ceased the policy or practice described in AMENDMENT NO. 53: At the end of the bill services to eligible veterans at that facil- such subsection; or (before the short title), insert the following ity.’’. (2) the institution has a longstanding pol- new section: (c) CROSS-REFERENCE AMENDMENTS.—(1) icy of pacifism based on historical religious SEC. . (a) DEPARTMENT OF VETERANS AF- Section 8110(c)(3)(A) of such title is amended affiliation. FAIRS SHARING AGREEMENTS FOR HEALTH by striking out ‘‘8153’’ and inserting in lieu SEC. 424. None of the funds made available thereof ‘‘8152’’. in this Act may be obligated or expended to CARE RESOURCES.—(1) Subchapter IV of chap- (2) Subsection (b) of section 8154 of such enter into or renew a contract with an entity ter 81 of title 38, United States Code, is title (as redesignated by subsection (a)(1)(B)) when it is made known to the Federal offi- amended— is amended by striking out ‘‘section 8154’’ cial having authority to obligate or expend (A) by striking out section 8151; and and inserting in lieu thereof ‘‘section 8153’’. such funds that— (B) by redesignating sections 8152, 8153, (3) Section 8156 of such title (as redesig- (1) such entity is otherwise a contractor 8154, 8155, 8156, 8157, and 8158 as sections 8151, nated by subsection (a)(1)(B)) is amended— with the United States and is subject to the 8152, 8153, 8154, 8155, 8156, and 8157, respec- requirement in section 4212(d) of title 38, tively. (A) in subsection (a), by striking out ‘‘sec- United States Code, regarding submission of (2) The table of sections at the beginning of tion 8153(a)’’ and inserting in lieu thereof an annual report to the Secretary of Labor such chapter is amended— ‘‘section 8152(a)’’; and concerning employment of certain veterans; (A) by striking out the item relating to (B) in subsection (b)(3), by striking out and section 8151; and ‘‘section 8153’’ and inserting in lieu thereof (2) such entity has not submitted a report (B) by revising the items relating to sec- ‘‘section 8152’’. as required by that section for the most re- tions 8152, 8153, 8154, 8155, 8156, 8157, and 8158 (4) Subsection (a) of section 8157 of such cent year for which such requirement was to reflect the redesignations made by para- title (as redesignated by subsection (a)(1)(B)) applicable to such entity. graph (1)(B). is amended— (b) REVISED AUTHORITY FOR SHARING (A) in the matter preceding paragraph (1), H.R. 3666 AGREEMENTS.—Section 8152 of such title (as by striking out ‘‘section 8157’’ and ‘‘section OFFERED BY: MR. STUMP redesignated by subsection (a)(1)(B)) is 8153(a)’’ and inserting in lieu thereof ‘‘sec- AMENDMENT NO. 50: After section 401 (page amended— tion 8156’’ and ‘‘section 8152(a)’’, respec- 88, after line 16), insert the following new (1) in subsection (a)(1)(A)— tively; and section: (A) by striking out ‘‘specialized medical re- (B) in paragraph (1), by striking out ‘‘sec- SEC. 401A. The amount provided in title I sources’’ and inserting in lieu thereof tion 8157(b)(4)’’ and inserting in lieu thereof for ‘‘Veterans Health Administration—Medi- ‘‘healthcare resources’’; and ‘‘section 8156(b)(4)’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, WEDNESDAY, JUNE 19, 1996 No. 91 Senate

The Senate met at 9 a.m., and was amendment this morning, with a vote the Department of Defense, for military con- called to order by the President pro on or in relation to that amendment struction, and for defense activities of the tempore [Mr. THURMOND]. immediately following that debate Department of Energy, to prescribe strengths for such fiscal year for the Armed time. Forces, and for other purposes. PRAYER Also, Senators should be reminded after this morning’s vote, there will be The Senate resumed consideration of The Chaplain, Dr. Lloyd John the bill. Ogilvie, offered the following prayer: other votes, of course, throughout the day. We will be doing our very best to Pending: Holy God of Justice, we turn to You Dorgan amendment No. 4048, to reduce with a just cause. We are profoundly keep the time limit on the votes to 20 funds authorized for research, development, disturbed by the burning of the church minutes. There are always extenuating test, and evaluation for national missile de- buildings of black and multiracial con- circumstances, but we will start off fense. gregations in our land. Our consterna- today by trying to keep that commit- Kyl amendment No. 4049, to authorize un- ment. Senators are encouraged to re- derground nuclear testing under limited con- tion has grown as this hateful, destruc- ditions. tive arsonism has continued. Father, spond promptly to the votes, and if you have amendments that you want to AMENDMENT NO. 4048 we have prayed through the years for The PRESIDING OFFICER. There Your power to combat racism in Amer- offer, please be here with them so we can have those amendments offered will now be 15 minutes of debate on the ica and You have helped us make some pending Dorgan amendment No. 4048, progress. Now we ask You to stay the and debate so we can do it during the daylight instead of very, very late to- equally divided. hand of the collusive, coercive forces Mr. DORGAN. Mr. President, I under- night. that have committed these cowardly stand there is a period of time to con- acts of setting fire to sanctuaries of Mr. President, also, I announce that the Democratic leader and I are con- tinue debate ever so briefly prior to the worship. Intervene to expose them so scheduled vote. Senator LEVIN, I be- that they can be brought to justice. tinuing with negotiations with respect to minimum wage, small business tax lieve, wishes to take just a couple of Control the unresolved prejudices in minutes. I intend to yield to him when others who might be instigated to copy package, and other issues. We are in hope of reaching some agreement he arrives. When Senator THURMOND these crimes. Thank You for raising up comes through, I will be happy to yield shortly with respect to this issue and people of all races who have rallied to to him. all the other related matters. We have help reconstruct the burned out sanc- Let me describe just briefly exactly tuaries. Oh God, in this land where You not been able to complete that effort, what this amendment is and what it is have given us freedom to worship You, but we are working on it very seri- not. The Defense authorization bill step in to save the sanctuaries of Your ously. We hope to be able to get that that comes to the floor of the Senate people. In Your all-powerful name. done shortly. We will come to the floor includes in it $508 million for research Amen. and make that announcement. and development for a national missile I yield the floor. f defense program. That is a program f that has been bantered about around RECOGNITION OF THE MAJORITY RESERVATION OF LEADER TIME here. Some call it national missile de- LEADER THE PRESIDING OFFICER (Mr. fense, some call it Defend America, The PRESIDENT pro tempore. The INHOFE). Under the previous order, the some call it star wars. Whatever you able majority leader, Senator LOTT, is leadership time is reserved. call it, it is a program to try to find a recognized. f way to intercept potential incoming Mr. LOTT. Thank you, Mr. President. missiles launched by a rogue nation, an f NATIONAL DEFENSE AUTHORIZA- adversary, or launched accidentally by TION ACT FOR FISCAL YEAR 1997 someone else. This is the outgrowth of SCHEDULE The PRESIDING OFFICER. The Sen- the old star wars proposals back in the Mr. LOTT. Mr. President, today, the ate will now resume consideration of S. early 1980’s. Senate will immediately resume con- 1745, which the clerk will report. There is in the Clinton budget a pro- sideration of S. 1745, the Department of The assistant legislative clerk read posal for continued research and devel- Defense authorization bill and the as follows: opment of $508 million. The majority pending Dorgan amendment. There will A bill (S. 1745) to authorize appropriations party, in constructing the piece of leg- be 15 minutes of debate on the Dorgan for fiscal year 1997 for military activities of islation brought to the floor today,

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

S6421 S6422 CONGRESSIONAL RECORD — SENATE June 19, 1996 said, ‘‘That is not enough. We want to The PRESIDING OFFICER. The Sen- will allow us to continue to field critical add $300 million to that; $508 million is ator has 2 minutes and 5 seconds. TMD/NMD systems to meet the projected not enough. We want it to be $808 mil- Mr. DORGAN. I yield 2 minutes to threats and, at the same time, save dollars lion.’’ the Senator from Michigan, Senator that can be given back to the Services to be My amendment very simply says, LEVIN. used for critical recapitalization programs. ‘‘no,’’ we should get rid of the $300 mil- Mr. LEVIN. Mr. President, I thank 3. We believe the proposed TMD/NMD ac- lion that was added extra, and go back the Chair and I thank Senator DORGAN quisition levels are balanced and propor- to the $508 million base proposal of- for his leadership on this. We ought to tional and after great potential for achieving fered in the administration’s budget, rely on the uniformed military in an affordable ballistic missile defense archi- $508 million requested by the Pentagon, terms of what is needed to produce a tecture that meets our joint warfighting $508 million requested by the Chairman national missile defense in a sensible needs. of the Joint Chiefs of Staff, by the Sec- time period so that we can make a de- W.A. OWENS, retary of Defense, saying, ‘‘This is cision to deploy at a time a decision to Vice Chairman of the Joint Chiefs of Staff. what our country needs. This is what is deploy is needed. THOMAS S. MOORMAN, Jr., advisable to spend.’’ The bill brought What do the uniformed military say General, USAF, Vice to the floor said ‘‘No, the Defense De- about funding levels? We have heard a Chief of Staff. partment does not know what it is lot of political rhetoric about national J.W. PRUEHER, talking about. We want to authorize missile defense. The proposed budget in Admiral, U.S. Navy, you to spend $300 million more.’’ front of us would add $300 million to Vice Chief of Naval I read a quote from General the $500 million the administration re- Operations. Shalikashvili, the Chairman of the quested. These are not just numbers R.D. HEARNEY, Joint Chiefs of Staff, who says, in hopefully pulled out of the air. The $500 Assistant Commander of the Marine Corps. speaking of this kind of activity, add- million that the administration asked RONALD H. GRIFFITH, ing $300 million—which, by the way, is for is what our uniformed military say General, U.S. Army, designed to provide for and require an is needed to produce and develop a na- Vice Chief of Staff. early deployment on a national missile tional missile defense in a timely way. defense program of some type which Now, that is not President Clinton Mr. THURMOND. Mr. President, be- would provide multiple sites and saying it, that is not Secretary Perry fore we vote on the Dorgan amend- spaced-based components which will saying it; that is the uniformed mili- ment, I would like to make a few brief undercut the arms control agreements, tary saying it. It is called the Joint Re- remarks and strongly urge my col- the very agreements that are now lead- quirements Oversight Council, the leagues to oppose the amendment. ing to a reduction in the nuclear JROC. The JROC, in January of this First of all, let me be clear that the threat. There are missiles being de- year, wrote to their chiefs—these are additional funds added in the bill for stroyed in the old Soviet Union, in the Vice Chiefs of the four Depart- national missile defense are not to sup- Russia today, because we have arms ments—saying that they wanted and port a space-based or star wars defense control agreements that provide for needed no more than $500 million per system. In fact the funds are not to the destruction of those missiles. The year for national missile defense. This world is safer because those missiles do is a memorandum which I am going to support a deployment decision at all. We have simply followed the advice of not exist, those nuclear warheads do ask to have inserted into the RECORD. not exist, and they do not exist because This is what our uniformed military the Director of the Ballistic Missile of arms control agreements that have say: The JROC believes that with the Defense Organization who has informed provided that both the Russians and current and projected ballistic missile the committee that about $800 million the Independent States of the old So- threat that the funding level ‘‘for na- per year is needed to support a robust viet Union are reducing launchers, war- tional missile defense should be no technology development effort. This heads, bomber airplanes and others. We more than $500 million per year.’’ That additional funding is consistent with are doing the same. This makes emi- is in the budget request of the adminis- the administration’s own NMD Pro- nent good sense. tration. They went on to say, ‘‘We be- gram, which is supposed to preserve This proposal, incidentally, leads to lieve that the proposed acquisition the option of deploying a system by an undercutting of all those arms con- level for national missile defense is 2003. Regardless of whether you support trol agreements. Should we protect our balanced in proportion.’’ the Defend America Act, the adminis- country? Of course we should. However, I ask unanimous consent that the tration’s NMD plan, or some other ap- should we do so in a way that under- letter from the Chiefs of the Army, proach, you should support the funding cuts the arms control agreements that Navy, Marine Corps, and Air Force, be recommended by the committee to are now leading to a reduction in the printed in the RECORD at this time in allow for a more comprehensive testing threat? No, I do not think that makes support of the administration’s request program. any sense. and which is very inconsistent with the General Shalikashvili says the fol- add-on of $300 million by the Armed The Armed Services Committee did lowing: Services Committee. not earmark the funds for systems that Efforts which suggest changes to or with- There being no objection, the letter are not currently being developed by drawal from the ABM Treaty may jeopardize was ordered to be printed in the the Department of Defense. We simply Russian ratification of START II and could RECORD, as follows: suggest more robust testing within the prompt Russia to withdraw from START I. I THE VICE CHAIRMAN OF THE administration’s own program. This am concerned that failure of either START JOINT CHIEFS OF STAFF, initiative will result in Russian retention of program would rely on a ground-based Washington, DC. hundreds or even thousands more nuclear system. Nothing associated with the Memorandum for the Under Secretary of De- weapons, thereby increasing both the costs additional funds in any way conflicts fense for Acquisition and Technology. and the risks that we face. Subject: National Missile Defense. with the ABM Treaty or even with the In short, the decision, in fact, the re- 1. This memorandum is to inform you of The administration’s own 3-plus-3 NMD quirement by those who support this Joint Requirements Oversight Councils Program. piece of legislation that we spend $300 (JROC) position of prioritizing a Theater I would also remind all Senators that million more in pursuit of a policy that Missile Defense (TMD) capability over a Na- Congress added $375 million above the may result in a potential adversary tional Missile Defense (NMD) capability. having hundreds or even thousands of 2. The JROC believes that with the current budget request for NMD in fiscal year and projected ballistic missile threat, which 1996, which the administration is pres- more nuclear weapons is, in my judg- shows Russia and China as the only coun- ment, a failed policy. ently obligating. The Department of tries able to field a threat against the US Defense recognized that additional Mr. President, $300 million ought not homeland the funding level of NMD should be added to this. My amendment with- be no more than $500 million per year and funds were needed. The Director of draws the $300 million. TMD should be no more than $2.3 billion per BMDO has stated this explicitly, and How much time is remaining? year through the FYDP. These funding levels the committee added the funds in an June 19, 1996 CONGRESSIONAL RECORD — SENATE S6423 effort to reduce technical risk and pre- or chemical warheads. We should not weapons. One expert after another ex- serve a realistic deployment option leave ourselves defenseless. pert testified that threat is out there, around 2003. I am afraid that if we adopt the that threat is real. Mr. President, in closing, let me urge amendment by our friends on the other So, I would only say when you are my colleagues to oppose the Dorgan side, we are doing just that—we are considering taking out this little bit of amendment and to support the addi- cutting back too much. People like to money that we have to try to go for- tional funds for NMD risk reduction. call missile defense star wars, and ward with this program, stop and real- I yield to the able Senator from maybe they score political points by ize and stop and ask yourself the ques- Oklahoma, Senator NICKLES. doing so. But they leave us without the tion. What if all of these experts are The PRESIDING OFFICER. The Sen- capability of moving forward rapidly, right? Look at Oklahoma City. The ator from Oklahoma is recognized. as quickly as possible, to shoot down Presiding Officer and I represent the Mr. NICKLES. How much time re- incoming missiles. The No. 1 priority of State of Oklahoma. We saw the devas- mains? the Federal Government should be the tation that took place there. That was The PRESIDING OFFICER. Five protection of our people, the protection what is comparable to one ton of TNT. minutes. of our freedom. We need to have the ca- The smallest nuclear warhead known is Mr. NICKLES. I will be very brief. I pability to destroy incoming missiles a kiloton, 1,000 times that power. compliment the Senator from South from whatever source. We need this So if you are wrong, we are making a Carolina for his leadership. I urge my money. terrible mistake if we pass this amend- colleagues to vote ‘‘no’’ on this amend- I compliment the chairman of the ment. ment. This amendment would strike Armed Services Committee. I hope our Mr. DORGAN. Mr. President, this is $300 million of money that is used for colleagues will vote to delete and vote not about whether there should be a research and development for missile against this amendment. I yield the missile defense program in this coun- defense. It is kind of a shocking thing floor. try. There exists in the bill brought to for most Americans to find out that we Mr. THURMOND. Mr. President, how this floor $2 billion for theater missile do not have capabilities now to shoot much time remains? defense. I think everyone probably down incoming missiles if you think The PRESIDING OFFICER. The Sen- knows that. It has not been mentioned. the primary responsibility of the Fed- ator from South Carolina has 1 minute The implication was that there was eral Government is the protection of 45 seconds. The Senator from North nothing in this bill for missile defense. our people, the protection of our free- Dakota has 45 seconds. There is $2 billion for theater missile dom. Yet, we do not have the capabili- Mr. THURMOND. I will yield back defense and $508 million was proposed ties today to shoot down an incoming my time, unless somebody wants to by the Pentagon for national missile missile from wherever it comes from. speak. defense. The bill comes to the floor It may come from a belligerent nation, I understand the Senator from Okla- saying $508 million for research and de- it may come from other rogue nations, homa desires to speak. velopment is not enough. it may come from someone getting The PRESIDING OFFICER (Mr. I simply say for the people who sup- control over missiles in the former So- NICKLES). The Senator from Oklahoma port throwing dollars at this problem viet empire. is recognized. on national missile defense that it is But we do not have the capability to Mr. INHOFE. Mr. President, I thank not going to solve the problem. The shoot them down. That bothers me. the Senator for his leadership in this uniformed officers say $508 billion is Somebody might say, well, we have the issue that we are discussing. Nothing enough of research and development. Patriot. The Patriot worked new can be said on this subject. I know Those of you who think that there is semisuccessfully in the Persian Gulf what the final remarks will be from the not an amount that is enough, the war. It shot down some Scud missiles Senator from North Dakota. I want to more the merrier and let us spend as when they were right over their back- talk about two things. No. 1, the much as we can spend are wrong. yard. Not very effective. As a matter of threat; No. 2, the cost. If anybody out This is a very simple vote to cut $300 fact, we had American soldiers who there believes it is going to cost so million from this authorization bill. lost their lives in Saudi Arabia because that we will ultimately have the abil- I hope my colleagues will support the of Scud missiles that were 20-some-odd ity to save ourselves, protect ourselves amendment. years old that landed in that neighbor- from missile attack—look at the CBO The PRESIDING OFFICER (Mr. hood. The Patriot did not stop these. report and the figures that they are INHOFE). The question is on agreeing to They stopped some missiles. It is not batting around, $30 to $60 billion over the amendment of the Senator from effective. 14 years, and that has now been down- North Dakota. We need to be able to have the capa- graded. Mr. THURMOND. Mr. President, how bility to shoot down missiles before It is quite obvious that we wanted to much remains? they end up in our backyard. The have an Aegis ship with the space sen- The PRESIDING OFFICER. All time threats are becoming more serious all sors. We already have a $50 billion in- has expired. the time, and we need to be moving vestment in 22 Aegis ships that are out Mr. NICKLES. Mr. President, I ask now in research and development so we there. We can upgrade those, and reach for the yeas and nays. will have the system capability sooner into the upper tier for about $3 to $4 The PRESIDING OFFICER. Is there a rather than when it is too late. When billion over 4 years. If you add the $5 sufficient second? you have North Korea firing missiles in billion for sensors we could have a sys- There is a sufficient second. the direction of Japan, when you have tem in place that will stop an incoming The yeas and nays were ordered. China firing missiles in the direction of ballistic missile for the United States. The PRESIDING OFFICER. The Taiwan, when you have China making Right now we have nothing. question is on agreeing to the amend- implicit threats to the United States, The vast majority of American peo- ment of the Senator from North Da- and even specifically Los Angeles, you ple believe that after we have spent all kota. On this question, the yeas and realize this is a much more dangerous of this money that we have a system nays have been ordered, and the clerk world than it was 3 years ago. but we do not. We are almost there. It will call the roll. We are now using our money to help is 90 percent paid for, and the threat is The assistant legislative clerk called Israel develop missile defense capabili- real. the roll. ties. I support that. But it is very iron- For those who question the threat, Mr. FORD. I announce that the Sen- ic that we do not give ourselves the ca- remember the words of James Woolsey ator from Arkansas [Mr. PRYOR], the pability and enough resources to de- who was the CIA Director for President Senator from Arkansas [Mr. BUMPERS] velop missile technology to defend our- Clinton. He said 2 years ago that we and the Senator from New Jersey [Mr. selves against an incoming missile, know of between 20 and 25 nations that BRADLEY] are necessarily absent. whether it be an incoming interconti- have or are in the final stages of devel- I further announce that, if present nental ballistic missile, with whatever oping weapons of mass destruction and and voting, the Senator from Arkansas warheads—nuclear warheads, biological the missile means of delivering those [Mr. BUMPERS] and Senator from New S6424 CONGRESSIONAL RECORD — SENATE June 19, 1996

Jersey [Mr. BRADLEY] would each vote The PRESIDING OFFICER. Is there national contacts, the authorities ‘‘aye.’’ objection? made it impossible for him to place The PRESIDING OFFICER. Are there Mr. KYL. Mr. President, might I ask telephone calls abroad. For example, any other Senators in the Chamber the Senator to yield for one moment so when I have wanted to talk with him who desire to vote? I may ask for the yeas and nays on the during the past few months, I have had The result was announced—yeas 44, amendment which is pending? to phone his home from Washington. nays 53, as follows: Mr. BIDEN. Sure. And our conversations are routinely [Rollcall Vote No. 160 Leg.] Mr. KYL. Mr. President, I ask for the cut off in mid-sentence. YEAS—44 yeas and nays. This is the treatment that President Akaka Ford Leahy The PRESIDING OFFICER. Is there a Izetbegovic’s government accords a Baucus Glenn Levin sufficient second? former prime minister with a world- Biden Graham Mikulski There is a sufficient second. wide reputation for bravery and integ- Bingaman Gregg Moseley-Braun The yeas and nays were ordered. Boxer Harkin Moynihan rity. f Breaux Hatfield Murray Moreover, Haris Silajdzic’s multi-re- Bryan Hollings Pell THE ATTACK ON HARIS SILAJDZIC ligious party for Bosnia and Byrd Jeffords Reid Conrad Johnston Robb Mr. BIDEN. Mr. President, I rise Herzegovina has been systematically Daschle Kassebaum Rockefeller today to deplore in the strongest pos- denied a level playing field in the cam- Dodd Kennedy Sarbanes paign for national elections, which ac- Dorgan Kerrey Simon sible terms the brutal assault last Sat- Exon Kerry Wellstone urday on former Bosnian Prime Min- cording to the Dayton accords must Feingold Kohl Wyden ister Haris Silajdzic. take place by September 14. Feinstein Lautenberg For more than 4 years, I have pro- They have found it excruciatingly NAYS—53 tested the bloody aggression by Serbia difficult to get television time with Abraham Frist McConnell and its Bosnian Serb proxies against which to spread their message of toler- Ashcroft Gorton Murkowski the Republic of Bosnia and ance and democracy. I have already de- Bennett Gramm Nickles Herzegovina. Even today Senator scribed how the SDA hoodlums broke Bond Grams Nunn up their campaign rally last weekend. Brown Grassley Pressler LIEBERMAN, Senator LUGAR, and I are Burns Hatch Roth introducing a resolution calling upon Mr. President, I would submit that Campbell Heflin Santorum our Government to give stronger sup- the Bosnian people have no better Chafee Helms Shelby friend in this Congress than this Sen- Coats Hutchison Simpson port to the International War Crimes Cochran Inhofe Smith Tribunal in the Hague, including mak- ator. But let me be absolutely clear: Cohen Inouye Snowe ing it an urgent priority for IFOR to The patience of even the strongest sup- Coverdell Kempthorne Specter detain and bring to justice persons in- porters of Bosnian independence has Craig Kyl Stevens limits. D’Amato Lieberman Thomas dicted by the tribunal. DeWine Lott Thompson But, Mr. President, it was not President Izetbegovic and his party Domenici Lugar Thurmond Bosnian Serbs under the direction of must understand that we have not sent Faircloth Mack Warner young American fighting men and Frahm McCain the war criminals Karadzic and Mladic who attacked Haris Silajdzic. Nor was women at the head of an international NOT VOTING—3 it carried out by the notorious force thousands of miles from home Bradley Bumpers Pryor Bosnian-Croat thugs from Herzegovina. merely to make it safe for a power- The amendment (No. 4048) was re- No, the attack was carried out by hungry, narrow-minded Bosnian Mus- jected. Bosnian Muslims belonging to the rul- lim clique to mimic the vicious, anti- Mr. THURMOND. Mr. President, I ing party of democratic action, the democratic behavior of their Bosnian move to reconsider the vote. SDA, of Bosnian President Izetbegovic. Serb oppressors. Mr. LOTT. I move to lay that motion Former Prime Minister Silajdzic was The clock is ticking on the imple- on the table. making an election campaign speech in mentation of the Dayton accords. The motion to lay on the table was the Bihac area of northwestern Bosnia There are still many fundamental prob- agreed to. when about 100 young toughs waving lems to solve. Until now the record of Mr. LOTT addressed the Chair. SDA flags reportedly began terrorizing the Bosnian Government, though far The PRESIDING OFFICER. The ma- citizens at the rally. Some of them from perfect, has been better than that jority leader. struck Prime Minister Silajdzic on the of Serbia and Croatia and their respec- UNANIMOUS-CONSENT AGREEMENT head with a metal bar, opening a tive Bosnian proxies. Mr. LOTT. Mr. President, the Demo- bloody wound on his temple. He was But this latest outrage against Haris cratic leader and I are continuing our rushed off to a hospital. Silajdzic is a terrible step in the wrong negotiations with respect to the mini- Many of my colleagues and I regard direction. I call upon President mum wage issue. Therefore, in hopes of Haris Silajdzic as the single best hope Izetbegovic to take heed: Either get reaching some agreement with respect for a multireligious democracy in your party to clean up its act, or the to this issue and other related matters, Bosnia. For years he has fought United States of America may have to I now ask unanimous consent that no against the vicious tribalism that un- reconsider its Bosnian policy. minimum wage amendment or legisla- I thank the Chair, and I yield the tion be in order prior to the hour of 1 scrupulous politicians have used to stir up hatreds, even as he has tirelessly floor. p.m. today and, at 1 p.m, the majority Mr. SIMON addressed the Chair. leader be recognized so we can discuss struggled to keep his embattled coun- try alive. The PRESIDING OFFICER. The Sen- this issue. ator from Illinois. The PRESIDING OFFICER. Is there Undaunted earlier this year after he objection? Without objection, it is so was forced out of the prime minister- f ordered. ship, Haris Silajdzic founded the party NATIONAL DEFENSE AUTHORIZA- Mr. LOTT. I yield the floor. for Bosnia and Herzegovina, a coalition TION ACT FOR FISCAL YEAR 1997 Mr. BIDEN addressed the Chair. of Bosnian Muslims, Bosnian Serbs, The PRESIDING OFFICER. The Sen- and Bosnian Croats whose vision rises The Senate continued with the con- ator from Delaware. above the pathetic provincialism of the sideration of the bill. AMENDMENT NO 4049 AMENDMENT NO. 4049 ethnic and religious-based parties in- . Mr. BIDEN. Mr. President, what is tent on fragmenting the country. Mr. SIMON. Mr. President, I rise in the business before the Senate? The reaction of the ruling SDA in Sa- opposition to the amendment offered The PRESIDING OFFICER. The busi- rajevo was, sad to say, typical of people by Senator KYL from Arizona. I knew ness before the Senate is the Kyl-Reid who learned their politics at the foot of our distinguished colleague from Ari- amendment to S. 1745. the old Yugoslav league of Com- zona when he was in the House, but I Mr. BIDEN. Mr. President, I ask munists. did not know him well. I have come to unanimous consent I be able to proceed Mr. Silajdzic has been harassed at have great respect for him as a legisla- for 5 minutes as in morning business. every turn. Knowing of his broad inter- tor. He really is a legislator who works June 19, 1996 CONGRESSIONAL RECORD — SENATE S6425 on bills and does the nitty-gritty work those who have amendments—hotline (2) by inserting after the first sentence the that is so important. But I believe that both sides and tell them anybody who following: ‘‘An appointee who holds a lower an amendment to authorize the re- has amendments to bring them. We regular grade shall be appointed in the regu- sumption of nuclear testing is very ill- want to get through this bill. We are lar grade of brigadier general.’’; and (3) in the last sentence, by inserting ‘‘to timed. supposed to finish this bill tonight. We the same position’’ before the period at the First of all, we have had over a thou- may have to go until 3 or 4 o’clock in end. sand nuclear tests in the last 50 years. the morning. Let us get going now and (b) ASSISTANT CHIEF.—Subsection (c) of We do not need additional nuclear finish this bill. such section is amended by striking out tests. If we were trying to perfect some Mr. President, I suggest the absence ‘‘major’’ in the first sentence and inserting new nuclear weapon, then it makes of a quorum. in lieu thereof ‘‘lieutenant colonel’’. sense. But that is not the policy of this The PRESIDING OFFICER. The (c) CLERICAL AMENDMENTS.—(1) The head- Government. clerk will call the roll. ing of such section is amended to read as fol- lows: But more important than that, India The legislative clerk proceeded to and Pakistan are reluctant to join in a call the roll. ‘‘§ 3069. Army Nurse Corps: composition; Chief and assistant chief; appointment; comprehensive test ban. What we need Mr. NUNN. Mr. President, I ask unanimous consent that the order for grade’’. now is for all nations with nuclear (2) The item relating to such section in the power to come aboard. China, appar- the quorum call be rescinded. The PRESIDING OFFICER (Mr. table of sections at the beginning of chapter ently, is coming aboard. But India and 307 of title 10, United States Code, is amend- THOMPSON). Without objection, it is so Pakistan we do not know yet. ed to read as follows: We should not do anything that is ordered. Mr. NUNN. Mr. President, the ‘‘3069. Army Nurse Corps: composition; Chief going to move a comprehensive test and assistant chief; appoint- ban further away. We need it as soon as amendment that will be presented in a ment; grade.’’. few minutes by the Senator from Ha- possible. It is in the interest of the SEC. 2. CHIEF AND ASSISTANT CHIEF OF AIR United States, and it is in the interest waii deals with the Army and Air FORCE NURSE CORPS. of the world. Force Nurse Corps and the promotions (a) POSITIONS AND APPOINTMENT.—Chapter I think this amendment, and I know of the nurses in that corps. 807 of title 10, United States Code, is amend- This amendment has been examined ed by inserting after section 8067 the follow- the motivation is good on the part of by our staff, and from the Democratic ing: our colleague from Arizona, but I think side of the aisle, we would recommend ‘‘§ 3069. Air Force nurses: Chief and assistant it is an ill-timed amendment that is when it is presented that the Senate chief; appointment; grade not in the national interest. ‘‘(a) POSITIONS OF CHIEF AND ASSISTANT Mr. President, if no one else seeks accept the amendment. That would be CHIEF.—There are a Chief and assistant chief the floor, I suggest the absence of a our position on the amendment. Mr. THURMOND addressed the Chair. of the Air Force Nurse Corps. quorum. The PRESIDING OFFICER. The Sen- ‘‘(b) CHIEF.—The Secretary of the Air The PRESIDING OFFICER. The ator from South Carolina. Force shall appoint the Chief from the offi- clerk will call the roll. Mr. THURMOND. We can accept the cers of the Regular Air Force designated as Air Force nurses whose regular grade is The assistant legislative clerk pro- amendment on our side. ceeded to call the roll. above lieutenant colonel and who are rec- Mr. INOUYE. Thank you very much. ommended by the Surgeon General. An ap- Mr. INHOFE. Mr. President, I ask Mr. NUNN. I say to my friend from unanimous consent that the quorum pointee who holds a lower regular grade shall Hawaii that we recommended the be appointed in the regular grade of briga- call in progress be vitiated. amendment be accepted. So we just dier general. The Chief serves during the The PRESIDING OFFICER (Mr. wanted to let him know that. pleasure of the Secretary, but not for more COATS). Without objection, it is so or- Mr. INOUYE addressed the Chair. than three years, and may not be re- dered. The PRESIDING OFFICER. The Sen- appointed to the same position. Mr. INHOFE. Mr. President, I ask ator from Hawaii. ‘‘(c) ASSISTANT CHIEF.—The Surgeon Gen- unanimous consent that I be able to Without objection, the pending eral shall appoint the assistant chief from proceed for up to 5 minutes as in morn- amendment will be set aside. the officers of the Regular Air Force des- ing business. ignated as Air Force nurses whose regular AMENDMENT NO. 4050 grade is above lieutenant colonel.’’. The PRESIDING OFFICER. The Sen- (Purpose: To amend title 10, United States (b) CLERICAL AMENDMENT.—The table of ator from Oklahoma wishes to be rec- Code, to codify existing practices of the sections at the beginning of such chapter is ognized to speak as in morning busi- Army and Air Force regarding the grade of amended by inserting after section 8067 the ness for 5 minutes. Is there objection? the Chief of the Army Nurse Corps and of following: Without objection, it is so ordered. the Chief of the Air Force Nurse Corps, and ‘‘3069. Air Force Nurse Corps: Chief and as- the minimum grade required for appoint- (The remarks of Mr. INHOFE pertain- sistant chief; appointment; ment to the positions of Chief and Assist- grade.’’. ing to the introduction of S. 1885 are ant Chief of the Army Nurse Corps and to located in today’s RECORD under the positions of Chief and Assistant Chief Mr. INOUYE. Mr. President, I rise ‘‘Statements on Introduced Bills and of the Air Force Nurse Corps; and for other today to introduce an amendment that Joint Resolutions.’’) purposes) would put into law a designated posi- Mr. INHOFE. Mr. President, I yield Mr. INOUYE. I send an amendment tion and grade for the chief nurses of the floor and suggest the absence of a to the desk. the U.S. Army and the U.S. Air Force. quorum. The PRESIDING OFFICER. The To the credit of the past and present The PRESIDING OFFICER. The clerk will report. leadership of our Armed Services, they clerk will call the roll. The legislative clerk read as follows: have appointed a chief nurse in the The legislative clerk proceeded to The Senator from Hawaii [Mr. INOUYE] pro- rank of brigadier general since the call the roll. poses an amendment numbered 4050. 1970’s. However, for the Army and the Mr. THURMOND. Mr. President, I Mr. INOUYE. Mr. President, I ask Air Force, this practice has never been ask unanimous consent that the order unanimous consent that reading of the codified in law, although I am pleased for the quorum call be rescinded. amendment be dispensed with. to note that the Navy has designated The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without their chief nurse as a rear admiral. Our objection, it is so ordered. objection, it is so ordered. military chief nurses have an awesome Mr. THURMOND. Mr. President, I The amendment is as follows: responsibility—a degree of responsibil- just want to say that we are sitting At the appropriate place, insert: ity that is absolutely deserving of flag here waiting and doing nothing. Why? SECTION 1. CHIEF AND ASSISTANT CHIEF OF officer rank. Because those who have amendments ARMY NURSE CORPS. You might be surprised at how big are not coming forward to present (a) CHIEF OF ARMY NURSE CORPS.—Sub- their scope of duties actually is. For them. We are wasting the Govern- section (b) of section 3069 of title 10, United example, the chiefs are responsible for States Code, is amended— ment’s time. We are wasting the Sen- (1) in the first sentence, by striking out both peacetime and wartime health ate’s time. Why do those who have ‘‘major’’ and inserting in lieu thereof ‘‘lieu- care doctrine, standards, and policy for amendments not come forward? I urge tenant colonel’’; all nursing personnel. In fact, the chief S6426 CONGRESSIONAL RECORD — SENATE June 19, 1996 nurses are responsible for more than The legislative clerk proceeded to for our military uses, we should make 80,000 Army and 26,000 Air Force nurs- call the roll. sure that we continue to maintain our ing personnel. This includes officer and Mr. THURMOND. Mr. President, I equipment, understand how it works, enlisted nursing specialties in the ac- ask unanimous consent that further and whether it might not work, and we tive, reserve and guard components of proceedings under the quorum call be want to make sure that all of the the military. If an executive officer in dispensed with. things that we are going to have to a large American corporation had this The PRESIDING OFFICER. Without rely upon will in fact work, that the much responsibility, he or she would objection, it is so ordered. one thing that we do not want to test undoubtedly have a position title and Mr. THURMOND. Mr. President, we to see if it will continue to work is the salary at least comparable to that of a have been waiting here now a long time most sophisticated weapon we have in brigadier general, and would certainly to act on these amendments. Again, I our inventory, namely, our nuclear have a seat at the corporate table of want to tell the Senators, if they have weapon. policy and decisionmaking. amendments, to come forward with On that we are going to close our You might wonder why it would be them. I want to inform all Senators eyes and say, ‘‘Well, we tested these a necessary to put these provisions in that I intend soon to ask unanimous long time ago. We maybe built these law since this practice is already oc- consent that only amendments that systems 20 years ago, but we’re just curring. Sadly, I am most concerned have been offered will be in order on going to hope that they continue to that without this official designation, this bill. So it is important for them to work if we ever have to use them.’’ I these positions are vulnerable to being come forward and offer their amend- submit that that is not an intelligent downgraded or even eliminated. In re- ments, otherwise, they may not be con- way for us to maintain our nuclear cent years, downsizing mandates and sidered. I urge all Senators who have stockpile. But that is essentially where new ways of providing health care have amendments to come to the floor and we are right now. The administration led to many reorganization efforts. Un- offer them now—I repeat—now, not does not want to test, is not testing. fortunately, reorganization has become later. We currently have the authority to a euphemism for eliminating posi- Mr. President, I suggest the absence test, if the President decides to do so. tions—and health care reorganization of a quorum. That is what is indicated here. We has too often become an excuse to Mr. KYL. Will the Senator withhold? have a test moratorium in our country, eliminate nursing positions, particu- I would like to discuss the pending but we could test for safety reasons or larly senior and executive leadership amendment. to determine the reliability of a sys- positions. Mr. THURMOND. Certainly. tem. So that if, for example, the De- There has been much discussion AMENDMENT NO. 4049 partment of Energy came to the Presi- about the so-called glass ceilings that Mr. KYL. Mr. President, the pending dent and said, ‘‘Mr. President, we think unfairly impact the ability of women amendment is the Kyl amendment, co- we may have a problem with one of to achieve the same status as their sponsored by Senator REID from Ne- these systems. It seems to be acting male counterparts. While I do not want vada. The distinguished chairman of funny. We obviously don’t want to send to make this a gender-discrimination the committee spoke in support of this it up in an airplane or put it on top of issue, the reality is that military amendment last night when I offered a missile if something might happen. nurses hit two glass ceilings: one as a it. Since then, there has been virtually Therefore, we need to conduct a test to nurse in a physician-dominated health no discussion of it. Several people have determine exactly what’s wrong here care system and one as a woman in a asked me questions, and I thought I or how to fix it,’’ the President could male-dominated military system. The would come to the floor and try to an- do that today. simple fact is that organizations are swer those questions because, for the But that authority will expire on best served when the leadership is com- life of me, I cannot understand why September 30 of this year under exist- posed of a mix of specialty and gender this would be a controversial amend- ing law. The President will no longer groups—of equal rank—who bring their ment. I am advised that at least one have that capability. unique talents to the corporate table. Senator is awaiting instructions from That was done in order to anticipate For military nurses, the general officer the White House. the fact that a Comprehensive Test chief nurse position is the only way for I suggest that this body can take the Ban Treaty, the so-called CTBT, would nurses to get to the corporate execu- action that it deems appropriate. Cer- be entering into force. The problem is, tive table. tainly the White House will have its it has not been ratified by this coun- Mr. President, I strongly believe that say in anything that we do on the De- try. It is obviously not going to go into it is very important, and past time, fense authorization bill. But this ought force for some time. Therefore, we are that we recognize the extensive scope not to be that controversial. So let me left with a hiatus, a period between and level of responsibility the military attempt to explain again what I am September 30 of this year and whenever chief nurses have and make sure that trying to do with this amendment. the CTBT comes into effect, if it comes future military health care organiza- Again, I thank the distinguished chair- into effect. tions will continue to benefit from man of the Armed Services Committee After the CTBT comes into effect, their expertise and unique contribu- for his support of the amendment. there are no tests except in a very ex- tions. Probably the best way I can do this, treme situation called supreme na- Mr. President, as noted, the distin- Mr. President, is to do it graphically. tional interest which, in effect, would guished managers of the measure have Above this line we have the status quo, only exist if there was some grave both agreed to its adoption. the current law with respect to nuclear emergency that existed where the I urge its adoption. testing. Just to set the stage, we have country was threatened and there was The PRESIDING OFFICER. Without not conducted nuclear tests for a long some need to do so. objection, the amendment is agreed to. time. The tests that have been con- So what we are talking about is sim- The amendment (No. 4050) was agreed ducted in the last decade have been pri- ply extending this September 30 date to. marily to ensure safety and reliability until the CTBT goes into effect. It is Mr. THURMOND. Mr. President, I of our nuclear stockpile. I might add not anti-test-ban treaty. Anyone who move to reconsider the vote by which that about a third of the problems that favors a test-ban treaty should not be the amendment was agreed to. have been discovered with the stock- concerned about this. In fact, I would Mr. INOUYE. I move to lay that mo- pile were found as a result of safety think they would be supportive because tion on the table. testing. it would maintain the status quo until The motion to lay on the table was I also make the point, in general, the CTBT goes into effect. agreed to. with respect to testing, that it has al- What actually changes? Two things. Mr. THURMOND. I suggest the ab- ways seemed odd to me that while we No. 1, we continue to require the ad- sence of a quorum. hear speeches that we should fly before ministration to report to the Congress The PRESIDING OFFICER. The we buy, we should be sure that we test on the status of the stockpile. There is clerk will call the roll. the equipment that we are going to buy nothing wrong with that. I assume June 19, 1996 CONGRESSIONAL RECORD — SENATE S6427 there is no objection to that. So the Let me read some statements, per- ons against the United States, its Armed test moratorium would continue and haps, that will give people a little Forces or our allies must not be confused the reporting requirements would con- sense of security in supporting this if about how we would respond. As Secretary tinue. But the President could still test Perry stated, it would be ‘‘devastating’’ and they think there is some hidden mean- ‘‘absolutely overwhelming.’’ for stockpile safety and reliability pur- ing to it. There is not. The administra- Now, Mr. President, you cannot rely poses beyond the September 30 date tion’s testing policies, as articulated upon a nuclear deterrent that is not until some date in the future if and by the President himself, are totally safe or does not work. You have to when the CTBT goes into force or when consistent with what we are doing. the U.S. Senate ratifies it. On August 11, 1995, the President know that it is safe and it will work. The other difference is that under the gave his statement regarding the That is why we have always main- test moratorium that will exist if we CTBT. He acknowledged that the possi- tained the ability, the right, to test these weapons, to make sure they will do not change the law, there is one cir- bility of future underground tests work and that they are safe. That is cumstance under which the President might be needed. In fact, there is a spe- what the law provides today. That au- can test. But it does not make any cific safeguard in his policy enumer- thority terminates on September 30. sense. The President could test if an- ated ‘‘Safeguard F’’ which reads as fol- For the life of me, I do not understand other country tests. We do not need to lows: test just because China conducts a test why anyone would object to simply If the President of the United States is in- continuing the President’s right to do or just because France conducts a test formed by the Secretary of Defense and the or Russia conducts a test. That is no Secretary of the Energy (DOE)—advised by what he said he needed to have the reason for the United States to conduct the Nuclear Weapons Council, the Director of ability to do. Not that he would ever do a test. We are not testing in retaliation DOE’s nuclear weapons laboratories and the it. I am sure everyone would acknowl- for what another nation does. There is Commander of the U.S. Strategic Com- edge this President’s inclinations no rational reason to base our testing mand—that a high level of confidence in the would not be to do it, but as he himself on whether another nation tests. safety or reliability of a nuclear weapon type said, if he were advised by the Sec- Whether another nation tests will de- which the two Secretaries consider to be retary of Defense, the Secretary of En- pend upon whether that nation believes critical to our nuclear deterrent could no ergy, the Nuclear Weapons Council, longer be certified, the President, in con- and the commander of the U.S. Strate- it to be in that nation’s interest to sultation with Congress, would be prepared test. Likewise, whether the United to withdraw from the CTBT under the stand- gic Command that they did not have a States tests prior to the implementa- ard ‘‘supreme national interests’’ clause in high level of confidence in the safety or tion of the CTBT, ought to be based order to conduct whatever testing might be reliability of a weapon type that was upon whether it is in our national in- required. deemed critical for nuclear deterrent, terest to do so. Just because France That is the end of Safeguard F. then he would need that authority. If tests should not mean that the Presi- Mr. President, what we are proposing we are going to give him that author- dent should call for the United States here is something far short of that. The ity after a CTBT goes into effect, why to do so. President has made the point here that should he not have that authority be- But by the same token, if the Depart- he needs a mechanism for conducting fore it goes into effect? ment of Energy or the Department of an underground test if it is in the su- Mr. President, all I can do is con- Defense should discover a problem with preme national interest to do so. We tinue to repeat the point that I wish one of our weapons, it is the height of are simply saying until there is a somebody would challenge it, would irrationality for us to close our eyes CTBT, he should have that same au- argue it, would debate it. This amend- and say, ‘‘But we can’t fix that weap- thority. A fortiori, once the CTBT goes ment has been pending since last night. on.’’ into effect, the President is saying he I said I am happy to explain it, to de- Until this Nation has effective mis- should still have that authority in the bate it, but can we not have a discus- sile defenses and defenses against any supreme national interest. I agree. It sion on it, and then vote? I cannot other way in which a nuclear warhead does not make any sense for that au- imagine why anyone would oppose it. would be delivered to the United thority to exist at that time after this Now, there have been two reasons States, we are relying upon our strate- CTBT has already gone into effect, and suggested to me. One is that the Com- gic retaliatory nuclear capability. That not to have the authority before it goes prehensive Test Ban Treaty negotia- is a fact. Therefore, it has to work and into effect. tions are in a delicate stage now and it has to be safe. It makes no sense to Following the President’s own under- we do not want to do anything that say that we should not have the capa- standing of the potential need for an might upset them. How would this bility of ensuring that safety. underground test to ensure safety and upset them? It has nothing to do with I doubt very seriously whether Presi- reliability of our weapons, we simply the CTBT. Surely, people who want us dent Clinton would ever order a test, gave him that authority beyond the to enter into the CTBT want us to do but why tell him that he cannot do so? deadline that it would otherwise ex- so with weapons that are safe and reli- For those who believe, well, maybe it pire, and base it on what the President able. Surely, they do not want us to will not be President Clinton next has said he would need to base it on; deny ourselves the ability to enter into year, maybe it will be President Dole, namely, safety and reliability, rather the treaty, knowing we have safe and and he is going to be irresponsible in than on whether another nation tests. I reliable weapons. Why would they want this regard, my amendment also re- cannot imagine anything more reason- us to have a period of time where our quires that the Congress not dis- able and more rational. weapons could deteriorate or become approve the decision. So Congress has a I will read a quotation from one of unsafe and we could not do anything check on the President’s actions. The the President’s top advisers in this en- about it, and then enter into a com- President cannot unilaterally call a tire area, former staff member for the prehensive test ban limitation? That test. distinguished ranking member of the would not make any sense. I do not know what could be more Armed Services Committee, Bob Bell, We want to enter into the com- reasonable, Mr. President. All we are in a speech at the National Missile De- prehensive test ban knowing that our saying is that the deadline that is fense University Foundation. On May 8 weapons are in good shape. I guarantee going to expire on September 30 be con- of this year, Bob Bell, who is a member you, Mr. President, other countries tinued—not the deadline—but that the of the National Security Council, sug- will make very sure that their weapons ability to test be continued, the power gested that a key element of the ad- are in good shape before they enter of the President to call for a test. We ministration strategy to defend Amer- into it. Look at the evidence. What did are not saying he has to do anything. ica is deterrence, both conventional France do? France thumbed its nose at This has no relationship to the CTBT. and nuclear deterrence. He said, the international arms limitation com- munity by saying, ‘‘We are going to We are simply saying, until the CTBT The second line of defense against weapons comes into effect, the President would of mass destruction is deterrence, both at test until we are confident that our have the ability to call for a test, but the conventional and nuclear level. Any weapons are reliable and safe and they Congress would have to not disapprove rogue nation foolish enough to contemplate will do the job.’’ They conducted their it. using nuclear, chemical, or biological weap- tests, notwithstanding opposition from S6428 CONGRESSIONAL RECORD — SENATE June 19, 1996 practically, it seemed like, everybody unfriendly, have decided it is in their sorts of things that might cause dam- in the world. When they finally had best interests to go ahead. We are not age to us, who are interested in reduc- concluded they had done enough test- going to stop them from doing what ing smoking by teenagers and adoles- ing and they were confident of their they think is necessary and in their na- cents, and I cannot imagine why people weapons, they said, ‘‘Fine. Now we will tional interests, and particularly where who are interested in protecting the join up.’’ it relates to safety, it seems to me, we American citizenry would say, how- China, likewise, has been conducting ought to retain the ability to test. ever, when it comes to one of the most tests. They just concluded one. They That should have very little to do with potentially devastating threats of all— have said they are going to do another the argument of whether or not all the not a threat that is likely to occur, but one. They have said, ‘‘We think we nations of the world will eventually if it ever did occur, it would be very have to do one more to make sure that agree to a comprehensive limitation. devastating—a release of radioactive our system is reliable, safe, and work- One final point I make, Mr. Presi- material as a result of an accident with able. After that, we will join up, or at dent. When I served in the House of a nuclear weapon, and we are not going least consider joining up.’’ It may be Representatives, I was the ranking to do anything about that. We are just that Russia has conducted tests. There member of the Department of Energy’s going to trust that weapons that are 20 have been reports of activity at their nuclear facilities panel, along with or 30 years old, and that have not been test site that may suggest that some Representative SPRATT from South tested for years, are going to continue kind of activity has occurred there. I Carolina. We had the jurisdiction, basi- to work all right, behave all right, and submit that other nations will do the cally to deal with the Department of not pose any safety threat. We are same thing if they believe their weap- Energy programs, including the nu- going to close our eyes to the possibil- ons are deteriorating or they need to clear stockpile. During that time, it ity that there could ever be a problem do something to improve the safety or came to light that a very new and so- there, and we are going to legally pro- reliability. They will test to make sure phisticated and technical way of utiliz- hibit the President from testing those that can be done. ing very new and powerful computers weapons to see that they are safe—not All we are saying is the President of could actually help us understand the to develop a new weapon; we are not the United States ought to have the dynamics of nuclear weapons much talking about testing for new weapons. authority to do that, with Congress not better than we ever had before. This We are going to bind the President and overruling, to ensure that our nuclear computer analysis seemed to suggest say that, after September 30, he cannot deterrent, as Bob Bell said, is a mean- that there might be some vulnerability test to determine the safety of a nu- ingful deterrent. That is to say that to certain of our weapons that we clear weapon anymore. I just, for the countries of the world will know that should look into. life of me, cannot understand how peo- it is workable, and that we, in fact, Just to talk hypothetically, what we ple would make that argument. will employ it. are talking about, if a nuclear weapon Now, Mr. President, there are Sen- The argument that CTBT negotia- were to be dropped, for example, could ators on the floor now who would like tions are underway does not suggest that possibly trigger some kind of to enlighten me as to why this per- any reason why we should not proceed emission of radioactive material? In fectly innocent amendment is not ap- with this. Are those negotiations so the past we had done a lot of telephon- propriate. I will conclude by simply re- touchy that if anybody talks about nu- ing and we said, ‘‘No, we think it is minding you of what it does. It simply clear testing or continues authority very safe.’’ This new computer tech- says the power that the President has that currently exists in law, that they nology suggested that maybe there to test, which will expire on September somehow are going to full apart? I can- would be a bit of a problem. So we 30, will continue until there is a CTBT. not imagine that. If that is the case, caused a commission to be created If the Congress does not approve a test, there is something drastically wrong. called the Drell Commission. The mem- the President cannot do it. Are those negotiations dependent upon bers of the commission were very I hope people who want to debate the an elimination of our authority to test prominent nuclear scientists who stud- issue will do that so I know what we after September 30? That would not be ied for over a year whether there were are trying to respond to here because, good policy for the United States, and safety or reliability problems with our right now, I cannot think of any argu- I cannot imagine that other countries weapons—primarily safety problems. ments against this amendment. I hope we can quickly get a time agreement of the world have made that a pre- They made recommendations to the so that, as the distinguished chairman condition. I have not heard any evi- Congress, which we have largely car- of the Armed Services Committee said, dence to that effect. Just because the ried out, and which the military has we can get on with this bill. This is a CTBT negotiations are going on does largely carried out, that caused us to minor amendment in the overall not mean that we cannot extend the make some changes in the way that we scheme of things with this very impor- President’s authority beyond Septem- handle our nuclear weapons. Some tant defense authorization bill. The ber 30. We are not telling him he has to weapons were removed from active chairman is right that we have to get test, he should test or anything of that alert status on strategic bombers. Cer- on with it. I do not intend to take any sort. We are saying if he thinks it is tain changes were made in the way time with this. If we can reach a time necessary to test, as he himself pointed that weapons were handled in their agreement for 10 minutes, that is fine out, he should have the authority to do loading and unloading. with me. that, subject to Congress not saying Without getting into too much tech- I thank the chairman of the commit- no. nicality, or classified material, those tee for supporting my amendment. Now, I do not know of any other rea- recommendations demonstrated that Mr. THURMOND. Mr. President, I son, except one reason expressed to me we have to be constantly vigilant of want to again compliment Senator KYL by someone who said, ‘‘Well, I have al- the potential for accidents, because the for his detailed explanation of his ways been so much in favor of abso- last thing in the world that we want is amendment. This is a sound provision. lutely eliminating all nuclear weapons an accident with a nuclear weapon. We It enhances the President’s authority from the world that I would not want know that there have been some, and to ensure that the Nation maintains to do anything even to extend the abil- we do not want that to ever happen and the capability to maintain a ready and ity of the United States to test until cause harm to anyone in the world. So safe nuclear stockpile. I do not under- there is a CTBT. If we can stop it on safety has been a primary consider- stand the other side’s reluctance to de- September 30, boy, that is great.’’ ation—at least in recent years—with bate this amendment and agree to a Mr. President, if all of the other na- respect to our nuclear stockpile. time limit. tions in the world were as idealistic as For the life of me, Mr. President, I Again, I urge Members to come to this particular individual, I would not cannot imagine that people who are in- the floor and let us go forward and have a problem with that. As we have terested in consumer safety, who are make progress on this bill. already seen, since the United States interested in the health, safety, and Mr. GRAMS addressed the Chair. has stopped testing, since our morato- welfare of our citizens, who frequently The PRESIDING OFFICER. The Sen- rium, other nations, both friendly and support measures to protect us from all ator from Minnesota is recognized. June 19, 1996 CONGRESSIONAL RECORD — SENATE S6429 Mr. GRAMS. I ask unanimous con- amendment nor nothing like it was in- for all time, if we can, nations testing sent that the pending committee cluded in the authorization bill that nuclear devices. amendment be laid aside. came out of the committee—that it So, Mr. President, I speak now not Mr. EXON. Mr. President, reserving would probably be best, in the interest only for myself but other Members of the right to object, I inquire of the of moving ahead with this bill, that the the U.S. Senate on both sides of the Senator from Minnesota, about how Kyl amendment be withdrawn and aisle in strong opposition to the Kyl- much time does he wish? There has probably and possibly considered at Reid amendment. It is being sold here been some talk about moving ahead on some later more appropriate date. Mr. just to give the President a little flexi- this matter. I prefer to move ahead on President, there could not possibly be a bility, and so forth and so on. If the this matter, and I simply inquire, be- worse time, a more inopportune time, U.S. Senate would pass the Kyl-Reid fore I withdraw my right to object, if you will, to consider the amendment amendment, which I think it will not— about how much time the Senator from offered by the Senator from Arizona. I think I have been here long enough to Minnesota feels he needs, and on what Here we are, Mr. President, 9 days have a pretty good understanding of subject, before we set aside the pending away from the self-imposed June 28 the Senate and its rules—I say to the business of the Senate. deadline by the multination nego- managers of the amendment, and I say Mr. GRAMS. I expect to take 10 min- tiators now delicately moving toward to the managers of the bill that there utes, and it relates to the closure of hopefully an agreement for a com- could be long and delayed debate on Pennsylvania Avenue. prehensive test ban treaty. And the this amendment. I think it has little Mr. EXON. With that understanding, deadline is June 28. That is 9 days from chance of surviving the opposition that I withdraw my objection. Is the Sen- now. To be specific, that is a week from we will mount against it. I want to ator intending to propose an amend- this coming Friday. unmask, if I can, Mr. President, the ment? These are extremely delicate nego- feeling that this is a harmless amend- Mr. GRAMS. It is a sense of the Sen- tiations. I have talked on numerous oc- ment; that it is not going to hurt any- ate. casions to our Ambassador who is in- thing at all. I would simply say that Mr. EXON. Then, Mr. President, I ob- volved in those detailed negotiations. I regardless of what the intentions of the ject on the grounds that I am prepared have been in close touch with the Sec- authors of the amendment are for the to move ahead on the amendment be- retary that has responsibility in this U.S. Senate to be even debating such a fore us. Certainly, I would like to ac- area, the Secretary of Energy. I have proposition 9 days ahead of the final commodate the concerns of the Sen- been in close touch with the White deadline, whether we pass it or not, ator from Minnesota and his sense-of- House, and the National Security only gives the opposition around the the-Senate amendment. But I suggest Council. They all agree with myself, world, wherever it is and for whatever that in order to try and move ahead on Senator MARK HATFIELD, and many reason, more chances of disrupting and this matter, it would probably be best others who will speak in opposition to eliminating any chance of a com- at this time to proceed with debate on this amendment, that there could not prehensive test ban treaty based on ne- the amendment that is before us rather possibly be a worse time for the U.S. gotiations—very delicate negotiations, than offering another amendment at Senate to begin meddling in matters of I might say, Mr. President—in Geneva this juncture. With that caveat, I ob- this delicate nature 9 days ahead of the today. ject. June 28 self-imposed date by the nego- Why is it that 9 days ahead of the The PRESIDING OFFICER. Objec- tiators to try to come up with a com- deadline we have some Senators com- tion is heard. The Senator from Min- prehensive test ban treaty that in the ing on the floor of the U.S. Senate try- nesota has the floor, unless he chooses opinion of this Senator, and in the ing to make changes in what we are to yield the floor. opinion of most people who understand going to do in the future with regard to Mr. GRAMS. I ask the Chair, am I al- the procedure, would be to the greatest nuclear tests? No one knows at this lowed to go ahead and offer my sense- benefit of mankind for as far as we can juncture. of-the-Senate amendment? see into the future. Mr. KYL. Mr. President, will the Sen- The PRESIDING OFFICER. There What we are talking about here is ator yield? must be approval to set aside the pend- whether or not we are going to have Mr. EXON. I have not interrupted the ing amendment and that has been ob- less reliance on nuclear weapons in the Senator from Arizona. I will not yield. jected to. future. Since the end of the cold war He will have ample time to make his Mr. GRAMS. I yield the floor, Mr. we all have been working, and quite points at a later time. President. well, I might say, with Russia and the I simply say that this amendment is Mr. EXON addressed the Chair. former states of the former Soviet ill-timed. It is ill-advised. At least the The PRESIDING OFFICER. The Sen- Union to the point where we do not authors should recognize and realize, if ator from Nebraska is recognized. have nuclear warheads pointed at each they are so certain that this amend- Mr. EXON. Mr. President, I say to my other. Behind all of this is the at- ment is all-important, that it would be friend from South Carolina, the chair- tempted emergence of new nations to more in line with reality and reason to man of the committee, which I have nuclear power. at least wait until follow-on bills after observed now for 18 years, and also my If we can put in place and keep in the 28th day of June, a week from Fri- colleague from Georgia, the ranking place the nuclear test ban treaty that day, when we will know by that time member of the committee, that I un- is now being delicately renegotiated in whether or not the hard work and the derstand the difficult position they Geneva it would be the greatest boon delicate balance to try to reach an find themselves in with regard to try- to mankind and the safety of mankind international comprehensive test ban ing to move this bill along. I certainly that one could imagine. No. I suspect treaty is successful. am not here to cause any problems in that none of us can see into future I do not know what their motives that effort because, certainly, the de- time when we will have not have nu- are. It may well be that the authors of fense authorization bill, which I voted clear weapons. But certainly we should this amendment are totally in support, for as it came out of the Armed Serv- be able to recognize and realize that as I hope they would be in being behind ices Committee, is an important piece the United States of America which is our negotiators and our administration of legislation, and I think that we far ahead on the ability to test, which who fully recognize and realize the should move expeditiously ahead. Cer- is far ahead on the ability to make dangers that we are working with here; tainly, any Senator has a right under tests with computers, which is far that the authors of this amendment the rules of the Senate to offer any ahead in inventory of any other part of would simply say, yes, this is probably amendment. the world, it would seem evident to me not the best time and this amendment But I would simply say that I intend that it would be not only in the na- should not be offered. to make some remarks at this time in tional security interests of the United Mr. President, this amendment, or strong opposition to the Kyl amend- States of America but also the right something like it, was discussed by ment, and then would plead to the thing to do to recognize that we should members of the Armed Services Com- managers of the bill—since the Kyl continue to be a leader in trying to end mittee before our markup and before S6430 CONGRESSIONAL RECORD — SENATE June 19, 1996 our hearings in the Armed Services history will judge the leaders of our era ever since and has been endorsed by the Committee on the defense authoriza- in great measure on how successful we President of the United States and in- tion bill. It was agreed unanimously are in meeting this challenge. directly endorsed by other nations of that this is a matter that should not While the bipartisan Nunn-Lugar the world and has resulted in the ongo- have been taken up at this time. And program has made remarkable progress ing negotiations at Geneva. for that reason, and principally for in addressing the secure transpor- In large part, the bipartisan Hatfield- that reason, there was no move inside tation, storage, and destruction of Exon-Mitchell law of 1992 jump started the Armed Services Committee to thousands of former Soviet nuclear American interest in joining the make any such suggested changes. And weapons, another threat reduction ef- world’s other nuclear powers in push- I believe that the chairman of the fort designed to enhance our national ing for a comprehensive test ban trea- Armed Services Committee knows and security is close to agreement. That is ty. By requiring that future U.S. nu- understands that full well. The chair- the agreement I talked about that is clear weapons testing be linked to the man of the Armed Services Committee hopefully scheduled to be agreed to in correction of prospective safety and re- has every right to support this amend- 9 days. liability problems, the Hatfield-Exon- ment, if he wants to, on the floor of the What in the world, whatever are Mitchell provision confirms what most U.S. Senate. That was not the reason- their intentions, is the reasonableness scientists, military leaders, and policy- ing of his committee during those de- of Members of the Senate coming in 9 makers understood: The United States liberations. days ahead of that formidable under- has the safest, the most reliable nu- Mr. President, later on today I will taking with an amendment that could clear weapons arsenal in the world. insert into the RECORD statements by only cause great mischief and possibly Furthermore, after conducting over the White House, statements by the lead to further division of the nations 1,000 nuclear tests, with the data re- Secretary of Energy, and others in that are having enough trouble already sulting therefrom, at our test facility strong unqualified opposition to this in coming to agreement in Geneva on in Nevada, we have developed more ad- amendment principally along the lines the nuclear test ban treaty a week vanced simulation technology than any that I have outlined. from this Friday—9 days away. I can- other power in the world. The time was I cannot imagine anything I would not imagine any Member of the Senate, ripe for phasing out our testing pro- oppose more than the Kyl-Reid amend- Mr. President, I cannot imagine any gram over 3 years and start seriously ment authorizing the resumption of Member of the Senate believing it negotiating a comprehensive test ban nuclear testing beginning on October 1 would be wise, if they understood the agreement. Basically, Mitchell-Exon- this year under certain conditions. possible consequences, for any Member Hatfield played a key role in that de- While proponents of the amendment of the Senate to endorse this amend- velopment. And I am astonished at this contend that this change to the 1992 ment for the reasons that I have stated amendment because, however well in- Hatfield-Exon-Mitchell law closes some and very likely for other reasons as tended, it is ill-advised as I have out- sort of a loophole in the American nu- well. lined. clear testing policy and should have no For the past 3 years, the 37-member Now, 4 years later, when we are on impact on the comprehensive test ban nation conference on disarmament has the verge of possibly reaching a com- negotiations now underway in Geneva, been meeting in Geneva to negotiate a prehensive test ban agreement, a mere this simply is not—I emphasize, Mr. verifiable comprehensive test ban or 9 days away from lowering the lid on President, is not—the case. The Kyl- CTB Treaty. A CTB Treaty is an im- the nuclear Pandora’s box, it is in this Reid amendment is the proverbial wolf portant linchpin in our efforts to pre- context that the Kyl-Reid amendment in sheep’s clothing, an innocent ap- vent new nations from developing a nu- should be judged. The Kyl-Reid amend- pearance cloaking a more sinister clear weapons capability by depriving ment would authorize the President to inner nature. Whether intended or not, them of the ability to test and verify seek authorization to resume nuclear passage of this meddlesome amend- the performance and capability of the testing after October 1 up until the ment would send a chilling ripple new weapons. In effect, the CTB Trea- time when a comprehensive test ban around the world that the Senate has ty, if realized, would go a long way in treaty is ratified by the Senate. Unlike pulled the rug out from under our Na- cutting off membership to the nuclear the existing requirements of Hatfield- tion’s treaty negotiators on the very weapons club, depriving autocratic rul- Exon-Mitchell, these tests could be for eve of finalizing a landmark treaty de- ers and Third World rogue nations of any reason, not necessarily to correct signed to halt the global spread of nu- the means to develop such weapons any safety or reliability problem. I clear weapons. with confidence in the future. should reiterate, there is no known After decades of failed efforts and in- After 40 years of effort, the world safety or reliability problem with our effectual agreements, the world’s nu- community is now 10 days away, hope- nuclear weapons. It is worth noting clear powers have finally made some fully, 10 days away, Mr. President, that even if the President did seek to progress in not only curbing the in- from its self-imposed negotiating dead- resume testing it would take approxi- crease in the number of nuclear weap- line of June 28—that is this June 28—to mately 2 years—let me repeat that, Mr. ons States but also reducing the num- finalize a CTB agreement. Not only are President—even if suddenly, today, the ber of nuclear weapons systems tar- we in the last hours of the negotiations President of the United States should geted on population centers around the end game in the context of the histori- find that we have a serious problem world. The INF Treaty, START I Trea- cal debate on the test ban concept, we with our nuclear deterrent, it would ty, and now START II are historic are in the final minute of this long and take approximately 2 years to reready mileposts in the history of arms con- difficult endeavor. For this reason, it is the nuclear test site to conduct tests trol in that they compel for the first no surprise that some opponents of the to verify if there is a problem and to time the destruction of nuclear deliv- Comprehensive Test Ban Treaty and help identify what would be necessary ery systems while still maintaining the advocates of continued nuclear testing to correct it. If that should happen, I geopolitical balance and the ability to would look for ways to undermine an believe there is no question but the deter an attack by a potential aggres- agreement. U.S. Senate would join in, would recog- sor. I am not saying that the authors of nize and realize the serious threat, and Defense and foreign policy experts this amendment necessarily fall into take action as the President has out- agree that the most significant secu- that category. I hope they do not. It lined. rity challenge facing the United States might well be that some people pushing But that is not the case, and we and the rest of the world is curbing the this amendment were not here in 1992 should not be using or relying on that proliferation of weapons of mass de- when Senator Mitchell, Senator EXON type of scare tactic to justify this ill- struction, most dangerous of which is a and Senator HATFIELD came about with conceived and ill-timed amendment nuclear warhead. Closing Pandora’s a bipartisan agreement, stepped aside here on this date, late in June 1996, 9 box, as I have referred to these non- from political considerations and days away from the final deadline in proliferation efforts in the past, is a worked out an agreement that passed Geneva. According to the Department formidable undertaking, but I believe the Senate and has been the framework of Energy’s best estimate, we would June 19, 1996 CONGRESSIONAL RECORD — SENATE S6431 have to take 2 years, if we needed it, to following the French and the Chinese I thank the Chair and I yield the reready the test site in Nevada. In that weapons tests earlier this year. floor. context, the amendment before us is My suggestion to Senator KYL and Mr. KYL addressed the Chair. meaningless. Senator REID is that this issue be with- The PRESIDING OFFICER (Mr. This reality raises the question of drawn and reconsidered at some later ASHCROFT). The Senator from Arizona. what is the true value of the Kyl-Reid date this year or maybe next year, or PRIVILEGE OF THE FLOOR amendment if it professes to give the sometime after that when we will know Mr. KYL. Mr. President, I ask unani- President the means by which to re- whether or not the comprehensive test- mous consent that Mr. Bob Perret, a sume testing up to a point of the Com- ban negotiations were successful. While congressional fellow in Senator REID’s prehensive Test Ban Treaty ratifica- we have learned a great deal about all office, be provided privilege of the tions? The President of the United of these problems, with regard to reli- floor. States is firmly against this. He does ability and safety of our nuclear weap- The PRESIDING OFFICER. Without not need any additional authority at ons arsenal, and we have a lot to learn objection, it is so ordered. this time. The Secretary of Energy, in the future, but there is no justifiable Mr. KYL. Mr. President, let me sim- who has prime responsibility under the reason to resume testing now or in the ply respond to the argument of the President of the United States, and the foreseeable future. There is, however, a Senator from Nebraska with three National Security Council, are firmly compelling reason to push hard in the quick points. I hope the Senator from opposed to this amendment, primarily final days of the comprehensive test- Nebraska does not misunderstand what for the reasons I have outlined. Even if ban negotiations in Geneva, without the amendment would do. He said there there was a reason to test, and there is having to bother with the uproar that is no justifiable reason to test now. not, we would have to wait 2 years at is sure to follow if the Kyl-Reid amend- There is nothing in this amendment least before detonation could take ment, regardless of how well intended, that calls for testing now. Nothing place and tests could be conducted even would be passed by the U.S. Senate or whatsoever. It merely continues the underground at the Nevada test site, even considered and defeated under the existing authority of the President to far more time than the anticipated rules that we have at our disposal in ask for a test. I have no reason to be- delay between signing the Comprehen- the U.S. Senate. lieve that the President would do so. It sive Test Ban Treaty and its subse- Mr. President, I urge my colleagues has nothing to do with engaging in any quent ratification by the U.S. Senate. to stay the course and work in a posi- tests now. In light of this, and the fact that tive way to halt the spread of nuclear Second. the Senator from Nebraska there is no known safety or reliability weapons around the world. The Com- said, ‘‘Why bring it up now?’’ The an- reason to test, the question that needs prehensive Test Ban Treaty will do just swer is very simple: Because the distin- to be asked is, Why is this amendment that. Mr. President, the Kyl-Reid guished chairman of the Armed Serv- being proposed now, and what would amendment regrettably would work to ices Committee said if you have any the consequences be if the amendment the contrary. Approval of this amend- amendments to the defense authoriza- was agreed to? ment by the Senate would be self-de- tion bill bring them to the floor now. I As I have stated, I am very fearful feating and could very well snatch de- am following the request of the distin- that they would be devastating. The feat from the jaws of victory, scuttling guished chairman. And on the assump- prospects of a comprehensive test ban the Comprehensive Test Ban Treaty at tion that the bill is going to be dealt agreement by June 28 were greatly en- a time 9 days—9 days away from pos- with within the next few days, we need hanced just recently when China sible success. Such a happening would to bring the amendment up now, not agreed to join the rest of the world’s undermine our own collective security later. declared nuclear weapons states in ad- and that of our allies by allowing non- But I offer to my colleague from Ne- hering to a testing moratorium and nuclear states to potentially join what braska this good-faith offer: If the Sen- forsaking the right to test, ending all has been, up to now, an exclusive group ator from Nebraska would agree with testing once an agreement is reached, of nations capable of killing millions me that we could vote on this amend- which might be in the immediate fu- with the push of a button. Rejection or ment on June 29, the day after the 28th, ture. withdrawal of the Kyl amendment which is the big date in the Senator’s For the first time in history, all five would give us a chance—and I under- mind, I would be happy to enter into permanent members of the Security line the word chance—of success at Ge- such a UC agreement. We have no rea- Council are in agreement to adhere to neva. I fear history will not judge this son to have a vote necessarily before or a true zero yield test ban treaty. The Senate kindly if our actions, whether after the 28th. We are simply proposing Chinese decision clears the most dif- intended or not, are instrumental in the amendment at the time it is sup- ficult and significant hurdle in reach- killing the Comprehensive Test Ban posed to be proposed. ing agreement on a comprehensive test Treaty as it is prepared, hopefully, to So if the Senator will agree to a ban treaty text. What is more, the be enacted and to join other landmark unanimous-consent request to vote on world’s nonnuclear states, the poten- arms control agreements which have the 29th, I would be delighted to enter tial new admissions to the nuclear brought greater peace to all Americans into such an agreement with him. club, are poised to sign on to a treaty and all people in the world, as we look The third point is that nowhere in relinquishing their right to develop or not only just at today, but at tomor- the Senator’s speech about how the obtain these highly lethal and desta- row as well. timing could not be worse because it bilizing weapons of mass destruction. If Mr. President, I urge my colleagues comes only 9 days before the 28th of the United States were to approve the to reject the Kyl-Reid amendment. I June, which is the self-imposed dead- Kyl-Reid amendment on the eve of the will do everything that I can, within line for the parties negotiating the Comprehensive Test Ban Treaty agree- the powers that I and others have in CTBT to reach an agreement, nowhere ment, changing U.S. policy so as to au- the U.S. Senate, to see that this in his discussion was any suggestion as thorize tests for any reason—for any amendment does not prevail. There to why this would somehow disrupt the reason, I emphasize, Mr. President, up will be many other speakers who will agreement, why anybody would con- until the time of Senate treaty ratifi- follow me in opposition to the Kyl-Reid sider this relevant in the least, why cation—the effect on our Nation’s non- amendment. I emphasize only, again, they would object to it. proliferation efforts in Geneva I am in closing that, while this amendment I understand that they have this self- afraid would be devastating. may be well-intentioned, it is ill-con- imposed deadline to reach an agree- I am afraid, Mr. President, that ceived and the timing could not be ment by the 28th. What we are doing under those circumstances the United worse. Those are the essential elements here is absolutely irrelevant to that; it States would become the pariah of the that the White House and the Sec- has no bearing on it. I cannot imagine international arms control community retary of Energy joined me on and, in somebody standing up and saying, and the reactions of condemnation my conversations with them, asked me ‘‘Well, U.S. Negotiator, we can agree from around the world would undoubt- to relate along with their strong oppo- with you on the CTBT, but the U.S. edly be swift, not unlike what occurred sition to this amendment. Senate just considered this amendment S6432 CONGRESSIONAL RECORD — SENATE June 19, 1996 that allows the President to continue ment ago—to assure the Senator from of mankind. Mr. President, I yield the to test up to the time we have a my home State of Nebraska that our floor. CTBT.’’ motive was to simply comply with the Mr. GRAMS addressed the Chair. Every other country in the world has distinguished chairman of the Armed The PRESIDING OFFICER. The Sen- that right. I suspect the United States Services Committee to get any amend- ator from Minnesota. would be the only country in the world ment we had to this bill presented be- Mr. GRAMS. Mr. President, I ask that as of September 30 will not have fore the bill was taken from the floor. unanimous consent that the current that right by law, because that is when That is why we brought it up today. amendment and the pending commit- the President’s authority expires. We could have easily brought it up to- tee amendments be laid aside. Other countries that we are negotiat- morrow or the next day. I think we are The PRESIDING OFFICER. Without ing with can test right up to the time happy to agree to any unanimous con- objection, it is so ordered. there is a CTBT. Why is that not dis- sent request that the Senator would be AMENDMENT NO. 4052 ruptive? agreeable to enter into to have a vote (Purpose: To express the sense of the Senate There is no logic to the Senator’s ar- after the date of the 28th, if there is a regarding the reopening of Pennsylvania gument: ‘‘We’re going to have 9 more concern doing it before then would be Avenue) days to negotiate, so your amendment disruptive in Geneva. Mr. GRAMS. Mr. President, I send an shouldn’t be voted on.’’ What is the Mr. EXON addressed the Chair. amendment to the desk and ask for its connection? Why should anybody ob- The PRESIDING OFFICER. The Sen- immediate consideration. ject to our amendment being voted on ator from Nebraska. The PRESIDING OFFICER. The in these negotiations? Our amendment Mr. EXON. Mr. President, I listened clerk will report the amendment. has absolutely nothing to do with this with great interest to my colleague The legislative clerk read as follows: CTBT. It, by definition, only deals with from the State of Arizona. I will simply The Senator from Minnesota [Mr. Grams], the period of time up to the CTBT. say to him that everything that I had for himself and Mr. ROBB, proposes amend- If we put the chart back up again, I just said in my statement in this re- ment numbered 4052. will try to make it crystal clear. gard is totally accurate, to the best of Mr. GRAMS. Mr. President, I ask Graphic: The law allowing the Presi- my knowledge. unanimous consent that further read- dent to test expires September 30. Up With regard to his counterarguments ing of the amendment be dispensed until the time that there is a CTBT, he that this is going to help the President with. would not be able to test for stockpile of the United States, the President of The PRESIDING OFFICER. Without safety and reliability. We simply ex- the United States says he does not objection, it is so ordered. tend his ability to do so. That is all. need help. ‘‘Thanks, but no thanks.’’ The amendment is as follows: The President of the United States is How can anybody in the CTBT negotia- At the appropriate place in the bill, insert tions object to that? All of the other simply saying that the timing of this the following: amendment is so outlandish, regardless states will already have that right. SEC. . SENSE OF THE SENATE. of how well-intentioned it might be, So, Mr. President, I heard the Sen- (a) FINDINGS.—The Senate makes the fol- ator from Nebraska, but I do not un- that it has the chance of doing a great lowing findings: derstand the logic of the argument. deal of harm and little, if any, en- (1) In 1791, President George Washington Two final quick points. We are going hanced possibilities of success at Gene- commissioned Pierre Charles L’Enfant to to have to change the law at some va. draft a blueprint for America’s new capital time, because when we enter into a I will certainly say to my friend from city; they envisioned Pennsylvania Avenue CTBT, if we do, we are going to have to Arizona that I am very willing to try as a bold, ceremonial boulevard physically and work with him in the future when linking the U.S. Capitol building and the legislatively give the President the au- White House, and symbolically the Legisla- thority to test in the supreme national the time might or might not be right tive and Executive branches of government. interest, as the President said he would to do some of the things that he says (2) An integral element of the District of need the authority to do, and I quoted his amendment is designed to do. But I Columbia, Pennsylvania Avenue stood for 195 the President’s safeguard section (f) in must tell him that the White House, years as a vital, working, unbroken roadway, that regard. the negotiators at Geneva, most if not elevating it into a place of national impor- So if this law expires on September all of the experts in this area that I tance as ‘‘America’s Main Street’’. 30, that is not the end of it. We are know of and have worked with over the (3) 1600 Pennsylvania Avenue, the White years, feel that his is an especially ill- House, has become America’s most recog- going to have to legislate. nized address and a primary destination of Second, I note that the administra- timed amendment, notwithstanding his visitors to the Nation’s Capital; ‘‘the Peo- tion itself has said that until three dif- intentions. ple’s House’’ is host to 5,000 tourists daily, ferent countries—I think two of them I, therefore, simply say to him that I and 15,000,000 annually. were Pakistan and India—agreed to am not in a position at this time to (4) As home to the President, and given its sign up that we are not going to be en- agree to any time certain for a time prominent location on Pennsylvania Avenue tering into a CTBT. I am just not at all limit or a time certain for a vote on and its proximity to the People, the White sure this magic date of the 28th is all of this matter on the defense authoriza- House has become a powerful symbol of free- that magic. It may well be we are not tion bill that is before us, and certainly dom, openness, and an individual’s access to their government. able to reach an agreement by that it is not possible for me to make any (5) On May 20, 1995, citing possible security self-imposed deadline. commitments at this time as to some risks from vehicles transporting terrorist But it does not matter, because all date certain in the future as to when I bombs, President Clinton ordered the Secret my amendment does is to allow the might agree to allow that to happen, Service, in conjunction with the Department President the authority he has today, other than to say I think the Senator of the Treasury, to close Pennsylvania Ave- subject to Congress saying, ‘‘No, you from Arizona knows that this Senator nue to vehicular traffic for two blocks in can’t test,’’ allow him to call for a test is totally approachable, intends to be front of the White House. up until the time the CTBT goes into reasonable, and understands the other (6) While the security of the President and visitors to the White House is of grave con- effect. It has no effect whatsoever on person’s point of view. cern and is not to be taken lightly, the need the CTBT. It does not affect it in the I try very hard to walk in another’s to assure the President’s safety must be bal- least. Granted, the 28th date is out shoes, see both sides of the debate. I anced with the expectation of freedom inher- there, but I do not know what rel- will not walk in the shoes of those that ent in a democracy; the present situation is evance that is as to what we are doing are trying to push ahead on this tilted too heavily toward security at free- here today. amendment that this Senator feels, dom’s expense. I did want to clear those up since the and other Senators like me on both (7) By impeding access and imposing undue Senator had raised the question of our sides of the aisle feel, that this amend- hardships upon tourists, residents of the Dis- trict, commuters, and local business owners motives in bringing it up at this time. ment at this time is a disaster from the and their customers, the closure of Penn- I know Senator REID and I both want standpoint of trying to reach a com- sylvania Avenue, undertaken without the to make it crystal clear—that was the prehensive test ban treaty at Geneva counsel of the government of the District of point in my seeking recognition a mo- that I think is essential for the future Columbia, has replaced the former openness June 19, 1996 CONGRESSIONAL RECORD — SENATE S6433 of the area surrounding the White House each is important. But there is another the justification to move ahead with a with barricades, additional security check- side to this issue that is easy to over- plan they have been eager to put in points, and an atmosphere of fear and dis- look amid all the other more obvious place for more than three decades. If trust. (8) In the year following the closure of problems: the question of what the the Secret Service had its way, we Pennsylvania Avenue, the taxpayers have closing of Pennsylvania Avenue says to would build a protective bubble around borne a significant burden for additional se- the American people, and what we give the President from which he’d never curity measures along the Avenue near the up as a free society when we give in to emerge. But that is not what being White House. fear. President is all about, especially when (b) SENSE OF THE SENATE.—It is the sense Generations of visitors to Washing- you are an outgoing, gregarious leader of the Senate that the President should di- rect the Department of the Treasury and the ton would hardly recognize the stretch like President Clinton, who exposes Secret Service to work with the Government of Pennsylvania Avenue that has stood himself to danger a thousand times a of the District of Columbia to develop a plan for nearly 200 years as America’s Main day inside and outside Washington, be- for the permanent reopening to vehicular Street. Today, it is a vacant lot, empty cause he thrives on the public contact traffic of Pennsylvania Avenue in front of of any traffic. Gone is the thrill for that comes with being President. Keep the White House in order to restore the Ave- visitors of driving by the White House this President away from the people? nue to its original state and return it to the for the first time—the concrete barri- people. Well, you would have better luck keep- cades have put an end to that. ing Cal Ripkin away from the ballpark. Mr. GRAMS. Mr. President, the legis- Gone, too, is the sense of openness And that is the way it should be. That lation we debate today sets out the that inspired Americans to feel close to is what people need their President to broad defense policy for the Nation. It the Presidency and close to their Gov- be. We cannot eliminate every risk, Mr. affords us an opportunity to outline ernment when they visited the Execu- President, because that is the nature of our defense priorities, and the oppor- tive Mansion. And 1600 Pennsylvania a democracy. When we resort to the tunity to reflect on what role this Na- Avenue has become a Federal fortress, tion is to play in the defense of free- temptation to try, we start down a and the effect is unnerving. slippery slope. Turning these two dom worldwide. In a city that boasts of such inspiring What I have come to the floor to ad- blocks of Pennsylvania Avenue into a symbols of freedom as the marble of dress today is the defense of freedom $40 million park will not hide the fact the Lincoln Memorial, the columns and within our own borders, indeed, right that we’re wrapping the White House porticos of the White House, the mas- here in the heart of our Nation’s Cap- in another layer of protection and fur- sive stones that lift the Washington ital. I rise, along with Senator ROBB, ther insulating our leaders from the Monument into the sky, and the great my colleague from Virginia, to offer an public. dome of the U.S. Capitol itself, the amendment seeking the reopening of Mr. President, an entire year has gray, concrete barricades of Pennsylva- Pennsylvania Avenue in front of the come and gone since the closure of nia Avenue are a national embarrass- White House. Mr. President, the two- Pennsylvania Avenue, and the cir- ment. block section of Pennsylvania Avenue cumstances have changed with time. A How do we explain the blockades to fronting the White House was closed to decision that seemed prudent a year our visitors, whose first glimpse of the vehicular traffic on May 20, 1995, by ago now demands to be reexamined, home of their President is marred by order of the President. and the sense-of-the-Senate amend- I have been to the floor several times the sight of a White House seemingly ment I introduce today offers us that in the year since to voice my concerns under siege? What do we say when opportunity. It simply calls on the that the loss of this historic roadway— those visitors are children, who have President to direct the Secret Serv- which travels across one of the busiest been taught how this Nation has fought ice—working alongside the Treasury sections of one of the busiest cities in for freedom and values it above all Department and the District govern- the world—has had a devastating im- else, and yet find a different message ment—to develop a plan for the perma- pact on the District of Columbia. I along the now-empty stretch of Penn- nent reopening of Pennsylvania Avenue have talked about the damage the clos- sylvania Avenue? in front of the White House. It puts ing has done to Washington’s business Mr. President, I must make this this Senate on record as saying we are community. There are well-founded clear: in each conversation I have had not a nation that cowers to terrorists. concerns that it is scaring off new jobs about the future of Pennsylvania Ave- My amendment—based on Senate Reso- and prompting potential retail and nue, everyone has been emphatic that lution 254, which 46 of my Senate col- commercial tenants to stay away from the safety of the President must be our leagues agreed to cosponsor when I in- the downtown area. I have discussed primary concern. So it is—without troduced it as stand-alone legislation the hardships caused by the closing for question. And because the need to en- last month—enjoys widespread, bipar- District residents, and anyone whose sure the safety and security of the tisan support here on Capitol Hill, paycheck depends on access to the ave- President of the United States is para- throughout the District of Columbia, nue, people like cab drivers and tour mount, there was little argument when and among the American people them- bus operators. Pennsylvania Avenue was closed in the selves. I am proud to have Senator I have outlined the numerous prob- weeks immediately following the ROBB join me as an original cosponsor. lems the closing has created for the bombing of the Federal building in Many of his constituents deal every District itself, which had one of its Oklahoma City. At the insistence of day with the closure of Pennsylvania major crosstown arteries unilaterally the Secret Service, temporary restric- Avenue. I am grateful our efforts have severed by the Federal Government tions on Pennsylvania Avenue seemed the added support of Congressmen without any consultation. At a time prudent, and because it was a tem- DAVIS and MORAN and Congresswoman when this troubled city could least af- porary move, people went along. NORTON in the House, along with Sen- ford another blow, this has hit espe- But months passed, and then a year, ator LEAHY, as well, here in the Senate, cially hard. I have discussed the incon- and now, the National Park Service is and that we have been joined by Mayor venience for the 15 million tourists who moving ahead with plans to forever Barry, the D.C. Council, and more than come to Washington each year, espe- close ‘‘America’s Main Street’’ to traf- two dozen of this city’s most influen- cially the elderly and disabled, many of fic in front of the White House. Be- tial business, civic, and historic organi- whom are being deprived of a close cause they are thorough and efficient zations. look at the White House. and utterly dedicated to protecting the Mr. President, I ask unanimous con- And I have talked about the cost for President, the Secret Service can’t be sent that this list of supporters, the the taxpayers, which has already blamed for pushing for the closing of original cosponsors of Senate Resolu- reached into the millions of dollars, Pennsylvania Avenue. They have been tion 254, and a resolution of support and, if the National Park Service pre- trying for 30 years to shut it down, be- passed by the D.C. Council be printed vails, could rise by at least $40 million ginning with the Kennedy administra- in the RECORD. more. tion and every President since. They There being no objection, the mate- Mr. President, I have raised each of have long seen Pennsylvania Avenue as rial was ordered to be printed in the those aspects of the closing because a threat, and used Oklahoma City as RECORD, as follows: S6434 CONGRESSIONAL RECORD — SENATE June 19, 1996 WE SUPPORT THE SENATE RESOLUTION CALL- District residents to navigate city streets trict, and Americans from every corner ING FOR THE REOPENING OF PENNSYLVANIA and has greatly disrupted traffic patterns, of the country. They have said it many AVENUE IN FRONT OF THE WHITE HOUSE commerce, and tourism. different ways, but their message is the District of Columbia Mayor Marion Barry. (5) The permanent closure of Pennsylvania same and that is: give us back Penn- Avenue will exacerbate the serious financial DC Council Chairman David A. Clarke. sylvania Avenue. DC Councilmember Frank Smith. and traffic problems that have been created DC Councilmember Jack Evans. by the temporary closure. This month, two former residents of DC Councilmember Charlene Drew Jarvis. (6) Pennsylvania Avenue is not a park. 1600 Pennsylvania Avenue joined in the AAA Potomac. (7) The concern for heightened security is national discussion by speaking out American Bus Association. understandable. Nevertheless, with the tech- against the closing. President Gerald Apartment and Office Building Association nological capability of the United States, an- Ford said, quote, ‘‘There ought to be a of Metropolitan Washington, Inc. other solution can be found to address secu- better solution.’’ President Jimmy rity interests without permanently damag- Association of Oldest Inhabitants of DC. Carter labeled it, quote, ‘‘unnecessary Chamber of Commerce of the United ing the District of Columbia. States. (8) In this time of fiscal austerity at the and a mistake.’’ Citizens Against Government Waste. local and national levels, it is neither desir- There is one letter I keep coming Citizens Planning Coalition. able nor justifiable to spend the amounts back to, a letter that sums up more Committee of 100 on the Federal City. proposed to permanently alter Pennsylvania eloquently than any other the closing DC Chamber of Commerce. Avenue. of Pennsylvania Avenue because it was District of Columbia Building Industry As- (9) The proposal submitted by the National written by a man who lived alongside Park Service does not address the impact the sociation. the fear of terrorism for 444 days, yet District of Columbia Preservation League. closure will have on the residents and busi- DuPont Circle Advisory Neighborhood nesses of the District of Columbia. still refuses to bow to it. Commission 2B. (10) The future of Pennsylvania Avenue He urged me to continue my efforts, Federation of Citizens Association. should be decided with the cooperation and and sent me a copy of a letter he had Frontiers of Freedom. approved of the elected officials and citizens printed in the Washington Post just Georgetown Kiwanis Club. of the District of Columbia. days after the avenue’s closure. It Greater Washington Board of Trade. SEC. 3. It is the sense of the Council that reads: ‘‘By closing Pennsylvania Ave- Hotel Association of Washington DC. the United States Congress enact legislation Interactive Downtown Task Force. requiring the reopening of Pennsylvania Av- nue, we have succumbed to the atmos- International Downtown Association. enue. phere of fear that terrorists—domestic Arthur Cotton Moore Associates. SEC. 4. The Secretary of the Council of the and foreign—seek to foster among us.’’ National Capital Area Chapter of the District of Columbia shall transmit copies of If there is any American who should American Planning Association. this resolution upon its adoption to the fear the power of a terrorist, it is Min- Restaurant Association of Metropolitan President of the United States, the Mayor of nesota native Bruce Laingen, the sen- Washington. the District of Columbia, the District of Co- ior diplomat among the U.S. Embassy Washington Cab Association. lumbia Delegate to the United States Con- Washington DC Historical Society. gress, the chairpersons of the committees of employees held hostage in Tehran be- the United States Congress with oversight ginning in 1979. If Bruce Laingen is not S. RES. 254 and budgetary jurisdiction over the District willing to give in to terrorism, then REOPENING PENNSYLVANIA AVENUE TO THE of Columbia, the Chair of the District of Co- neither should we. PEOPLE lumbia Financial Responsibility and Man- Mr. President, through almost 200 Current cosponsors of S. Res. 254, which agement Assistance Authority, the Sec- years of this Nation’s colorful history, calls for the President to order the Secret retary of the United States Department of Pennsylvania Avenue survived, the Treasury, the Secretary of the United Service to develop a plan for the permanent through assassinations, civil and world reopening of Pennsylvania Avenue to vehicu- States General Services Administration, the Secretary of the United States Department wars, political unrest, and events that lar traffic in front of the White House: have often led us to question what it Spence Abraham, John Ashcroft, Bob Ben- of Transportation, the Secretary of the Unit- nett, Hank Brown, Richard Bryan, Conrad ed States Department of the Interior, the means to live in a free society where Burns, Ben Nighthorse Campbell, John Chairman of the National Capital Planning risks are an inescapable part of our ev- Chafee, Dan Coats, Bill Cohen, Paul Commission, the City of Administrator, the eryday life. Coverdell, Larry Craig. Assistant City Administrator for Economic The transformation of Pennsylvania Al D’Amato, Pete Domenici, Lauch Development, the Director of the District of Avenue from a national symbol of free- Faircloth, Bill Frist, Chuck Grassley, Judd Columbia Department of Public Works, and the Director of the District of Columbia Of- dom into a testament to terrorism is Gregg, Orrin Hatch, Mark Hatfield, Jesse something average Americans tell me Helms, Jim Inhofe, Jim Jeffords, J. Bennett fice of Planning. Johnston. SEC. 5. This resolution shall take effect im- they cannot understand. It is time to Nancy Kassebaum, Jon Kyl, Patrick mediately. reopen Pennsylvania Avenue, for our Leahy, Dick Lugar, Connie Mack, John Mr. GRAMS. Mr. President, we have visitors, our business community, our McCain, Mitch McConnell, Barbara Mikul- come together—Republicans and Demo- commuters, our residents—for every ski, Frank Murkowski, Don Nickles, Larry crats, without regard to party affili- American who celebrates freedom and Pressler, Chuck Robb. ation and without any political agen- will defend it at all costs. Kings live in Bill Roth, Rick Santorum, Richard Shelby, da—to ask the President to reverse a castles, protected by moats. Dictators Al Simpson, Bob Smith, Arlen Specter, Ted hide themselves away in the safety of Stevens, Craig Thomas, Fred Thompson, decision that has had widespread, unin- Strom Thurmond. tended consequences. In the Capital bunkers. Presidents live alongside busy City of a nation built ‘‘of the people, by streets like Pennsylvania Avenue, RESOLUTION 11–382 IN THE COUNCIL OF THE the people, and for the people,’’ there is close to the people who give them their DISTRICT OF COLUMBIA no room for fear, roadblocks, or barri- strength. Resolved, by the Council of the District of Co- cades. I ask my colleagues to support the lumbia, That this resolution may be cited as The American people agree, and I am Pennsylvania Avenue amendment. the ‘‘Sense of the Council Pennsylvania Ave- heartened by their support. By mail Mr. THURMOND. Mr. President, I nue Reopening Emergency Resolution of and through the Internet, hundreds of rise to support the sense-of-the-Senate 1996’’. them have urged me to continue this resolution offered by the distinguished SEC. 2. The Council finds that: (1) One year ago the United States Depart- campaign to restore Pennsylvania Ave- Senator from Minnesota, Senator ment of the Treasury closed Pennsylvania nue to its historic use. I wish I could GRAMS. Judging from the number of co- Avenue in front of the White House, the na- share each of their messages with you. sponsors, this resolution has broad bi- tional symbol of an open democracy. I want to tell you, though, I have heard partisan support. (2) The National Park Service has submit- from military experts who tell me the I would also like to associate myself ted a proposal to permanently close that por- present closure would do nothing to with the Senator’s remarks, particu- tion of Pennsylvania Avenue, leaving the blunt a terrorist attack, former—even larly with his point that the White downtown disfigured and dysfunctional. (3) Pennsylvania Avenue is the major east- current—White House employees who House has become a powerful symbol of west artery in the District of Columbia. are ashamed of what Pennsylvania Av- freedom, openness, and citizens’ access (4) The temporary closure of Pennsylvania enue has become, long-time residents to their Government. This resolution Avenue has seriously affected the ability of and more recent transplants to the Dis- informs the President that the Senate June 19, 1996 CONGRESSIONAL RECORD — SENATE S6435 believes the Department of the Treas- Pennsylvania Avenue should be re- In over 200 years things have ury and the Secret Service should de- opened; is that true? changed. There were no automobiles, of velop a plan to reopen Pennsylvania Mr. GRAMS. That is correct. course, then. Avenue. I commend the Senator for his Mr. REID. Mr. President, I believe The Senate resolution goes on to say: leadership in this matter. that we should proceed with caution on Mr. GRAMS. Mr. President, I ask for An integral element of the District of Co- something as serious as this. I know lumbia, Pennsylvania Avenue stood for 195 the yeas and nays on my amendment. my friend from Minnesota has probably years as a vital, working, unbroken roadway, The PRESIDING OFFICER. Is there a been inconvenienced, as has this Sen- elevating it into a place of national impor- sufficient second? ator. I have had to change one of my tance as America’s Main Street. There is not a sufficient second. routes to my residence in Washington No one would dispute that. Mr. COATS. Mr. President, I am as a result of the closure of Pennsylva- tempted to move the question here be- nia Avenue. It has been inconvenient 1600 Pennsylvania Avenue, the White cause the Senator has presented his for me. I went to a meeting at the House, has become America’s most recog- nized address and a primary destination of amendment, and he has presented his White House yesterday, however, and argument. There is no one on the floor visitors to the Nations Capital; the People’s pulled into Pennsylvania Avenue and House is host to 5,000 tourists daily, and to either argue against the Senator’s the guards were there. I was very im- 1,500,000 annually. amendment, to speak for the Senator’s pressed as to what was going on on It would be more than that. As we all amendment, or to offer an amendment Pennsylvania Avenue, the part of it know, they are limited to a small facil- to the bill that we are debating. that has been closed. Vehicular traffic ity to the numbers of people that can Here it is now 12:30 p.m., and we are is stopped, but foot traffic is heavier go there. Those people we want to be in this typical nothing-happens-during- than ever. In fact, out in front of the safe also. daylight hours in the U.S. Senate. We White House on Pennsylvania Avenue, have an important bill on the floor. We they had a street hockey game going As home to the President, and given its have amendments that we are aware of, on—in fact, several of them. prominent location on Pennsylvania Avenue and its proximity to the people, the White but no one is here to offer those Now, every one of us here on the Sen- amendments. House has become a powerful symbol of free- ate floor, Members of the Senate, have dom, openness, and an individual’s access to I am not going to move for adoption access to what goes on in the Intel- of this amendment by voice vote yet, their Government. ligence Committee. I think it would be On May 20, 1995, citing possible security in deference to those that may want to constructive for every Member of the speak against it or for the Senator’s in- risks from vehicles transporting terrorists Senate to have a briefing on why Penn- bombs, President Clinton ordered the Secret terest in getting a rollcall vote, but the sylvania Avenue was closed. When I Service, in conjunction with the Department bill before the Senate, the defense au- came here 14 years ago, all these en- of the Treasury, to close Pennsylvania Ave- thorization bill for fiscal year 1997, is trances coming into the Capitol com- nue to vehicular traffic for two blocks in not being debated. The Senate is wast- plex were open—those that now have front of the White House. ing a lot of time. Once again, we will these big cement flower pillars there. While the security of the President and find ourselves here late into the They were open when I came here. You visitors to the White House is of grave con- cern and is not to be taken lightly, the need evening doing work that we ought to could come in and out at your leisure. be doing during the day. to assure the President’s safety must be bal- There was no security of any con- anced with the expectation of freedom inher- I urge colleagues who have an inter- sequence on those routes. est in this bill, who have amendments ent in a democracy; the present situation is The first year that I was in the House tilted too heavily toward security at free- that they wish to offer to this bill, to of Representatives the Nevada State dom’s expense. notify the managers of their interest so Society had a meeting over here in the that we can structure some time for Mr. President, I think that we are Rayburn Room. And it ended sometime them to do this. Without that, we are really lurching into an area here that in the evening at 8 o’clock or so. Short- going to, at some point, come to the deserves a little caution. A year ago ly after the Nevada people left that conclusion that no one is interested in the Secretary of the Treasury, Robert room there was a huge explosion that amending the bill as it is presented, Rubin, directed the Secret Service to took place that did damage in here and other than the amendment, the two close a segment of Pennsylvania Ave- did tremendous damage in the Rayburn amendments that are currently up, and nue—it is not all closed—to vehicular Room, and all out through there. we will have to move to some disposi- traffic following the conclusion of the tion. The security slowly but surely has White House security review. The re- Mr. COATS. Mr. President, I suggest tightened up, and it has not been done view of security to the White House is the absence of a quorum. just as a whim of the Capitol Police. the most extensive ever conducted. The PRESIDING OFFICER. The They are short handed like everyone Pennsylvania Avenue remains acces- clerk will call the roll. else. They have had to beef up their se- sible to visitors, and the area will be The legislative clerk proceeded to curity in an effort to make the Capitol converted to a pedestrian park, which I call the roll. complex safer—safer for the Senators think people coming to visit Washing- Mr. GRAMS. Mr. President, I ask and Congressmen but also for the mil- ton will certainly be well served by unanimous consent that the order for lions of people who visit this building rather than the traffic jams we have the quorum call be rescinded. and the office buildings surrounding had there since I can remember. The PRESIDING OFFICER. Without the Capitol complex. This sense-of-the-Senate resolution objection, it is so ordered. I think it would be bad policy for the says: Mr. GRAMS. Mr. President, I ask for U.S. Senate to start handling security for the White House. I think it would It is the sense of the Senate that the Presi- the yeas and nays on my amendment I dent should direct the Department of the offered earlier, amendment No. 4052. be bad public policy for the U.S. Senate Treasury and the Secret Service to work The PRESIDING OFFICER. Is there a to start handling security of the Cap- with the Government of the District of Co- sufficient second? itol complex, especially without con- lumbia to develop a plan for the permanent There is not a sufficient second. gressional hearings. reopening to vehicular traffic of Pennsylva- Mr. REID addressed the Chair. Simply to walk in here and say, ‘‘In nia Avenue in front of the White House in The PRESIDING OFFICER. The Sen- 1791, George Washington commissioned order to restore the Avenue to its original ator from Nevada is recognized. L’Enfant to draft a blueprint for Amer- state and return it to the people. Mr. REID. Mr. President, if I could ica’s new Capital City; they envisioned I say with as much respect as I can direct a question to Senator GRAMS, Pennsylvania Avenue as a bold, cere- that this is not a good sense-of-the- who offered the pending sense-of-the- monial boulevard physically linking Senate resolution. I think it should be Senate resolution. It is my understand- the U.S. Capitol Building and the defeated. I do not think it prudent na- ing—and I have not been on the floor— White House, and symbolically the leg- tional security policy that, absent that this would be a sense-of-the-Sen- islative and executive branches of Gov- hearings, we take this measure up on ate resolution that would indicate that ernment.’’ the floor of the Senate. This resolution S6436 CONGRESSIONAL RECORD — SENATE June 19, 1996 has no business in the Defense author- Service has been working with a pre- The PRESIDING OFFICER (Mr. ization bill. There have been no hear- existing committee on a comprehen- CAMPBELL). Under the previous order, ings held on this. There are commit- sive design plan for the White House; a at the hour of 1 p.m., the majority tees with jurisdiction to handle mat- design for a pedestrian park. leader was to be recognized. ters dealing with intelligence. On Wednesday, May 22 of this year, Mr. REID. I certainly cannot inter- I personally feel for my Government the Director of the National Park Serv- fere with a unanimous-consent request that it is better that it be closed. I ice was in the process of announcing that has previously been entered, but I have not heard a single person from the the design plan for Pennsylvania Ave- hope that I would not lose the floor. State of Nevada—and a lot of them nue and, Mr. President, we are con- UNANIMOUS-CONSENT AGREEMENT come back here—complain because fident that when this plan is completed Mr. LOTT. Mr. President, if the Sen- that area has been blocked off. I have the area will be much more inviting ator will yield at this time, we did have heard people who complain it is harder than it was when that area was not a commitment to notify the Members to get home now. There is no question blocked off. It will be an important of the progress that was being made at that it is. The Secretary of the Treas- public space. We would look back with 1 o’clock and get a unanimous-consent ury has the legal authority to restrict derision to an amendment like this to agreement as to how we would con- vehicular traffic on Pennsylvania Ave- create and maintain a roadway for ve- tinue to proceed. And then, of course, nue. As long as he, the Secretary of the hicular traffic through the front of the we would go right back to where the Treasury, and the head of the Secret White House. Senator is, and we would have an op- The Department of Transportation’s Service continue to determine that as portunity to work together on that, so Federal Highway Administration is a factual matter—doing so is necessary I will be very brief. continuing its work with the District to protect the President—I am going to Mr. President, for the information of of Columbia Department of Public go along with that. all Senators, the Democratic leader Based on information from the Se- Works on short- and long-term traffic and I have just concluded another cret Service, the closure is necessary plans to alleviate traffic problems for meeting to further discuss the possibil- to protect the President and all those the area. ity of an agreement with regard to the who work at and visit the White House Although closing Pennsylvania Ave- minimum wage and the small business every day. The Department of Treasury nue has had an impact on traffic, it has tax package. Both leaders will now be remains committed to that decision. not had a negative impact on the contacting various Members to con- This, Mr. President, is not a decision to public’s access to the White House. tinue to clear the agreement, and I protect President Clinton. It is a deci- People who were driving in front of the thank all Members at this time for sion to protect the President of the White House with rare exception were their cooperation. I hope to be able to United States and those thousands of people who were not coming to see the resolve this matter by the close of people that work in, and have contact White House. They were there because business today. We are being very care- with, the White House on a daily basis. they were doing business in and about Closure was necessary because the that area. ful because we want to make sure all White House security review was not It has not prevented public access to Members know exactly what is in- able to identify any alternative to pro- the White House. Tours have contin- volved, and before we agree to any fur- hibiting vehicular traffic on Penn- ued. They have continued uninter- ther step we both go back to our Mem- sylvania Avenue that would ensure the rupted. Visitors can now enjoy walk- bers to discuss it with them further. In protection of the President and others ing, as I indicated, rollerblading, par- the meantime, I urge Members who in the White House complex from ex- ticipating in street hockey, and other have amendments to the DOD author- plosive devices carried in vehicles near games out in front of the White House, ization bill to come to the floor and be the perimeter. and they are biking down Pennsylvania willing to accept reasonable time Mr. President, an explosive device in Avenue without the noise and danger agreements with respect to their the trunk of a car out on Pennsylvania of passing motorists. The White House, amendments. Avenue would do significant damage to Mr. President, does remain the people’s I ask unanimous consent now that no the White House, its property, and the house. minimum wage amendment or legisla- people in the White House. Mr. President, I hope that we would tion be in order for the remainder of The Secretary of Treasury’s review not have to vote on this sense-of-the- today’s session. recommended a number of things, and Senate resolution. I think that we are The PRESIDING OFFICER. Without his recommendations were not done really stepping out of where we are objection, it is so ordered. alone. They were not done by him supposed to be by trying to microman- Mr. KENNEDY. Reserving the right alone. He made the final decision. But age security at the White House. With to object, Mr. President. the review recommendations were fully all the problems we have had in this The PRESIDING OFFICER. The Sen- endorsed by an independent, bipartisan country and around the world, with ator from Massachusetts. advisory group which included former leaders being assassinated, bombs Mr. KENNEDY. We want to certainly Secretary of Transportation William being placed in cars, I just think that cooperate with the majority leader and Coleman and the former Director of the this is the wrong way to go, and I cer- our minority leader as well on the CIA and the FBI, Judge William Web- tainly hope that this sense-of-the-Sen- issue of the minimum wage and to try ster. The review consulted with numer- ate resolution would not have to be to work out an adequate procedure by ous experts on public access, architec- voted on, and if we do I hope that we which the Senate will have an oppor- ture, and the history of the White would not pass it. I think it should be tunity to address this issue. I had un- House. He stated that a pedestrian defeated. derstood at a previous time that that park had numerous advantages other Mr. President, I feel that there are a negotiation had been in process and than security. lot of things we should be talking that they in effect were in agreement Someone coming from the State of about on this defense bill but one of with the exception of the notification Nevada to look at the White House them is not how to micromanage secu- on the particular language that was would certainly be more impressed rity at the White House. Should we going to be offered, one by the Repub- with an open park atmosphere rather pass a sense-of-the-Senate resolution licans, one by the Democrats, on the than honking cabs back-to-back with overriding what the Capitol Police do minimum wage, and then one by Re- smoke puffing out of the cars. A pedes- around the Capitol complex? Should we publicans and Democrats on the var- trian mall concept is consistent with amend this sense-of-the-Senate resolu- ious tax provisions; and that there President Washington’s vision for the tion—I ask in the form of a question to would be then a conclusion of the re- White House similar in identity, and my friend from Minnesota, would the sults on it and we would go to the con- which Mrs. Kennedy endorsed more Senator be willing to modify his ference. than a generation a ago. amendment to provide for the opening That was I thought pretty well un- At President Clinton’s direction, the of all the streets around the Senate Of- derstood or announced on Sunday. I Department of Interior’s National Park fice Buildings and the Capitol? heard my friend and colleague from June 19, 1996 CONGRESSIONAL RECORD — SENATE S6437 Mississippi talking on a national pro- aisle or on the other side of the aisle, aisle that was complicating the nego- gram about the desire to work that but then I believe Senator DASCHLE tiations. It was his side of the aisle. out. It is Wednesday now at 1 o’clock. found there were some concerns on Now, the American people are enor- The way it had been initially out- your side of the aisle with what we mously interested in these provisions lined seemed to me to be a way that were trying to get an agreement on. on small business. As I understand it, made the most sense in proceeding, to We have met subsequently, and we it is 12 or 13 billion dollars’ worth. try to do the defense authorization and have discussed other ways that maybe They are interested, the taxpayers, in then to move off the dime. that can be dealt with. But we are the gas tax; I am sure in the TEAM Could the Senator give us some idea being extra careful because we want to Act. But I think it is a very simple as to where these negotiations are, be- develop a relationship that is one of issue. We are asking an up-or-down cause I think I am one of many who be- trust and respect. We are making sure vote on minimum wage, which we have lieve that we have been back and forth that when we talk about something, I historically voted on seven different on this issue of the minimum wage for understand what he is saying and he times at other times in our history. some period of time. It does not seem understands what I am saying. We are That is something we are being denied, to be an enormously complicated ques- trying to reduce it to writing with our even though the time has been moving tion to try to work out and a process staff working on both sides. We have on and the triggering time for the in- and procedure which should be satisfac- just come through a meeting which I crease in the minimum wage is July 4. tory to the majority and the minority. pointed out in which we came up with So, I must say to my friend and col- But I am wondering if he could give us some suggestions as to how amend- league, I will not object at this time. some idea about where we are at this ments, for instance, on gas tax provi- But I, quite frankly, am enormously time. We are all being asked about this sions, would be allowed, how many, be- troubled by the failure to make it very by the press. I think the public ought cause there are some Senators on that clear whether we are going to have the to have at least some understanding. I side who want to have more than one opportunity to vote on this measure in know that the leaders have to work and there are some Senators on our a way the Members can know when it these measures through in terms of a side who would like to have more than will be called up and to vote on it, and variety of considerations, but I should one on the small business tax provi- just have this continuously dragged like to inquire as to where we are be- sion. I am sorry; I misspoke myself—on through. We have a right to offer this cause we are giving up the opportunity the small business portion of it. So, we on different measures. The reason that to address this. We are only in 1 more are being extra careful to make sure we do is because we are denied the op- week prior to the Fourth of July recess that we understand each other and that portunity to vote on it as a separate and, as the Senator knows, one of the colleagues on both sides can live with bill. As long as the majority refuses to factors of the Fourth of July was that it. But what we are trying to do is to give us that opportunity to vote on a was to be the time when the minimum deal with this matter in absolutely a separate bill, then we are going to be wage was supposedly increased. That fair way, an open way, so that we can required to use any particular device. was to be the triggering year for the deal with other business that is very I do not object at this time, but I cer- increase of the 40 cents. So it is of in- important for our country—Depart- tainly hope we would conclude these terest, I imagine, to millions of Ameri- ment of Defense authorization, cam- negotiations through the afternoon and cans who wonder whether we are going paign finance reform next Monday, we all Members will have a chance to look to do this before the Fourth and to try have the Federal Reserve Board nomi- at what is actually going to be pro- and get some action so that they might nees. We are going to vote on those posed on a unanimous consent. Because be able to participate in an increase or Thursday. otherwise this minimum wage is going whether they are not and what the cir- So this Gordian knot that has been to be right on the defense authoriza- cumstances are about it. tied up here, we are trying to take it tion before this week ends. Mr. LOTT. Mr. President, if I could one string at a time, and we are mak- Mr. LOTT. Mr. President, I renew my respond—— ing progress. But we ask—I ask our col- request for the unanimous consent. The PRESIDING OFFICER. The ma- leagues here, give us a little more The PRESIDING OFFICER. Is there jority leader is recognized. time. We are working in good faith and objection? Hearing none, it is so or- Mr. LOTT. To the comments of the we are very close to something, I dered. distinguished Senator from Massachu- think, that would be fair, understand- Mr. LOTT. If I could just claim some setts, I want to emphasize that this in- able, and we could all agree with. I leader time, perhaps, to comment fur- volves a lot more than the minimum think we are going to try very hard to ther on that. First of all, I might just wage. It does involve a package of have that done by the close of this ses- say that in the proposal we have, the small business tax amendments that sion. Senator will have an opportunity to could be very helpful to small busi- Mr. KENNEDY. Just further reserv- have a clear vote on his amendment nesses in America, where most of the ing the right to object, just to make a the way he wants to do it. So the op- jobs are created in America anyway, or brief comment, Mr. President, I am portunity is there. I think it is only the majority of them and particularly unpersuaded by the Senator’s position fair that we have an opportunity to where most of the entry-level people that this is a Gordian knot and that it have our version of that issue. are working. And so that is a part of has been languishing here. The reason As far as the time that you have been this package. The gas tax issue, where- it has been languishing is those who for delayed, you had 2 years when you were by there would be a repeal of the 4.3- over a year and a half have denied this in the majority when you did not offer cent-a-gallon gas tax, has been in- body the opportunity to vote when we a minimum wage increase. To now say volved in all of this. The issue of the have been able to demonstrate in pre- you are being blocked from that, I just taxpayer bill of rights is involved, as vious votes a majority of the body will wonder why you did not offer it in well as the TEAM issue which had been vote for an increase in the minimum those earlier 2 years. But having said offered earlier, so that we could have wage. that—— cooperation between employees and I reject, also, the suggestion that it Mr. KENNEDY. Do you want an an- employers. is our side of the aisle that has some- swer? As our colleagues know, this issue how complicated these negotiations. I Mr. LOTT. We are trying to find a took on more and more issues as it lan- have privity to those, and when the way to get the job done, and I am guished for 1 month or 6 weeks and Senator talked about what was going working at that diligently. every time it came up there was an- to happen or not happen with regards I want to say this. As far as the other angle to it. So that is point No. to the TEAM Act on Sunday and said TEAM Act, saying I was not going to 1. Second, I think we were very close to that was not going to be called up this call it up this year, I did not say that. having an agreement between Senator year and then had a change of mind, I said we were trying to work up an DASCHLE and myself last night, or late trying to add other things to these ne- agreement that would not have the yesterday afternoon, one that was not gotiations which had been tentatively TEAM Act in as a part of the minimum universally appealing on our side of the agreed to, it was not this side of the wage and small business tax relief. S6438 CONGRESSIONAL RECORD — SENATE June 19, 1996 That is the direction we are working the chairman of the D.C. Subcommit- individuals, and we feel there should in. But I did not mean to imply and I tee, Senator COHEN. Both have assured have been an open process. did not say we were not going to call it me that this amendment complements In fact, there are laws on the books, up this year. That is an issue a lot of their efforts regarding the reopening of I believe, that say before the Federal people feel very strongly about. The Pennsylvania Avenue, and they plan to Government can permanently close American people, I think, would agree hold hearings regarding this. any street in the District of Columbia, with it. So I want to make that clear. But I would also remind the Senator it has to have full consultation with The other thing I must say, the prob- from Nevada that there were no hear- the District and open hearings for the lem is not on the Democratic side of ings, there were no consultations with public. That was never done as well. the aisle alone. We have people over anybody, when Pennsylvania Avenue Mr. REID. Mr. President, I hope that here who do not like this very much ei- was closed because it was an imposed the decisions that were made for the ther. So there is an equal grumbling closure, only temporary, and then that President’s security, whether that about it. But as leaders here, we are has evolved into a permanent closure. President be a Democrat or Repub- trying to find a way to get everybody Now the only option being offered is to lican, or people who work in the White just unhappy enough that they do not keep it closed. We do not think that is House, people who visit the White like it but they will not object to it. correct either. So we have asked this. House, people who are elected officials And we are about to get there. So give Again, I remind the Senator from Ne- to serve in the Capitol complex, in the us that latitude, and I think we will vada, this is only a sense of the Senate House and the Senate, people who work get an agreement that will work. to move ahead with this. here and visit here, I hope that when I yield the floor. Mr. REID. I hope the American pub- there is something involving security Several Senators addressed the lic, on this interchange between the as a result of terrorist threats that are Chair. distinguished Senator from Minnesota picked up through intelligence efforts, The PRESIDING OFFICER. The Sen- and the Senator from Nevada, would that we certainly will not have to go ator from Nevada [Mr. REID] is recog- not think this is how we do business all through a congressional review process nized. the time; that is, take legislative ac- as to whether or not they could close a Mr. REID. Mr. President, I had the tion and then hold hearings later. It road or walkway. floor. I wanted—— seems to me we should reverse that Mr. President, I move to table the Mr. KERRY. Does the Senator from order, hold the hearings and determine amendment. Nevada yield for a question? the legislative action necessary. The PRESIDING OFFICER. The Mr. REID. I will be happy to. I also hope there is no one of the question is on agreeing to the motion The PRESIDING OFFICER. The Sen- opinion that, regarding the security of to lay on the table the amendment. ator from Massachusetts [Mr. KERRY] the President and the visitors who Mr. REID. I ask for the yeas and is recognized. come to the White House, the people nays. Mr. KERRY. I wanted to ask my col- who work there, and this Capitol com- The PRESIDING OFFICER. Is there a league how long he might be proceed- plex, any time the Capitol police or Se- sufficient second? ing and whether he thinks there might cret Service want to make a decision, There is a sufficient second. be time, since Senator MCCAIN and they would have to have congressional The yeas and nays were ordered. Senator SMITH are here, for a quick approval to do so. Knowing how slowly Mr. MCCAIN addressed the Chair. interlude to act on an amendment that we have moved on most things around The PRESIDING OFFICER. The Sen- has been agreed upon and restore the here, there would not be much action ator from Arizona. Mr. MCCAIN. Mr. President, I ask floor to the Senator from Nevada. taken, especially if it involved the se- unanimous consent that this vote be Mr. REID. We should not be long. I curity of the President or people delayed until the hour of 2:15. have a few questions. around the Capitol complex. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- I ask my friend from Minnesota an- objection? Without objection, it is so ator from Nevada [Mr. REID] is recog- other question, through the Chair to ordered. The vote will be delayed until nized. the distinguished Senator from Min- the hour of 2:15. AMENDMENT NO. 4052 nesota. Would the Senator consider an The PRESIDING OFFICER. The Sen- Mr. REID. The first question I ask amendment to the resolution that, ator from Arizona [Mr. MCCAIN]. my friend from Minnesota is: Would after the word ‘‘people,’’ which is the Mr. MCCAIN. Mr. President, I see the the Senator think it would be appro- last word in the sense-of-the-Senate Senator from Massachusetts is on the priate to modify this sense-of-the-Sen- resolution, we add the words, ‘‘provided floor. I yield the floor. ate resolution to provide for the open- that the Secretary of the Treasury and Mr. KERRY addressed the Chair. ing of streets around the Capitol, the the Secret Service certify that such a The PRESIDING OFFICER. The Sen- House office buildings and Senate of- plan protects the security of those who ator from Massachusetts [Mr. KERRY] fice buildings and the arteries in and live in and work in the White House’’? is recognized. out of the Capitol? The PRESIDING OFFICER. The Sen- Mr. KERRY. Mr. President, what is The PRESIDING OFFICER. The Sen- ator from Minnesota. the parliamentary situation? ator from Minnesota [Mr. GRAMS]. Mr. GRAMS. I have to apologize to The PRESIDING OFFICER. The vote Mr. GRAMS. I wanted to remind the the Senator from Nevada, I could not on the Grams amendment has been Senator from Nevada, last year I did hear him very well. postponed until 2:15, so the Senator make that recommendation, talking Mr. REID. I am sorry. After the word may offer an amendment. about removing barriers as well around ‘‘people’’ there would be a comma or Mr. KERRY. I thank the Chair. the Senate office buildings that have semicolon and we would say ‘‘provided AMENDMENT NO. 4055 been enclosed at the same time as that the Secretary of the Treasury and (Purpose: To provide for the Secretary of De- Pennsylvania Avenue, so I would have the Secret Service certify that such a fense to make payment to Vietnamese per- no objection to so move and make plan protects the security of those who sonnel who infiltrated into North Vietnam those modifications to this amend- live in and work in the White House.’’ to perform covert operations as part of ment. Mr. GRAMS. No, I would not accept OPLAN 34A or its predecessor) Mr. REID. So the Senator from Min- that as a substitute for the amend- Mr. KERRY. Mr. President, I send an nesota feels that the proper way to de- ment. amendment to the desk on behalf of termine security of the Capitol com- Mr. REID. The Senator would not. myself, Senator MCCAIN, BOB KERREY, plex and the White House is on the Mr. GRAMS. No. BOB SMITH, LARRY PRESSLER, CHUCK floor, without congressional hearings Mr. REID. Can this Senator direct ROBB, TOM DASCHLE, and PAT LEAHY. of any kind? Any kind of hearings? another question to the Senator from The PRESIDING OFFICER. The Mr. KYL. We do have hearings that Minnesota and ask why? clerk will report. are planned for the Government Affairs Mr. GRAMS. Because, again, this is The bill clerk read as follows: Committee. The amendment has been the same situation we are in now. This The Senator from Massachusetts [Mr. cleared with Senator STEVENS and also decision was made arbitrarily by these KERRY], for himself, Mr. MCCAIN, Mr. June 19, 1996 CONGRESSIONAL RECORD — SENATE S6439 KERREY, Mr. SMITH, Mr. PRESSLER, Mr. ROBB, ceptance of payment by an individual under amendment, the Secretary of Defense Mr. DASCHLE, and Mr. LEAHY, proposes an this section shall be in full satisfaction of all is to take into account that these amendment numbered 4055. claims by or on behalf of that individual claimants, because of the war and the Mr. KERRY. Mr. President, I ask against the United States arising from oper- incarceration, may not have complete unanimous consent that the reading of ations under OPLAN 34A or its predecessor. (g) ATTORNEY FEES.—Notwithstanding any documentation proving eligibility. But the amendment be dispensed with. contract, the representative of an individual it is our intent that the standard of The PRESIDING OFFICER. Without may not receive, for services rendered in proof here be set low enough to do jus- objection, it is so ordered. connection with the claim of an individual tice in this situation. The amendment is as follows: under this Section, more than 10 percent of Mr. President, 30 years ago, Vietnam At the end of subtitle E of title VI add the a payment made under this Section on such presented us with a host of questions following: claim. and difficult contradictions, and now in (h) NO RIGHT TO JUDICIAL REVIEW.—All de- SEC. 643. PAYMENT TO VIETNAMESE COMMAN- this situation, we find a new chapter terminations by the Secretary of Defense DOS CAPTURED AND INTERNED BY that is a surprise for all of us. In many pursuant to this Section are final and con- NORTH VIETNAM. ways, this chapter is old because we (a) PAYMENT AUTHORIZED.—(1) The Sec- clusive, notwithstanding any other provision of law. Claimants under this program have have always known through the cen- retary of Defense shall make a payment to turies that war is cruel. On the other any person who demonstrates that he or she no right to judicial review, and such review was captured and incarcerated by the Demo- is specifically precluded. hand, it is new because, as Americans, cratic Republic of Vietnam after having en- (i) REPORTS.—(1) No later than 24 months none of us have ever expected that we tered into the territory of the Democratic after the enactment of this Act, the Sec- would allow something to happen that Republic of Vietnam pursuant to operations retary of Defense shall submit a report to purposefully or inadvertently attacks conducted under OPLAN 34A or its prede- the Congress on the payment of claims pur- or diminishes our own sense of honor. cessor. suant to this section. The truth is that we sent heroic Viet- (2) No later than 42 months after the enact- (2) No payment may be made under this ment of this Act, the Secretary of Defense namese commandos into North Viet- Section to any individual who the Secretary shall submit a final report to the Congress nam to do our bidding, risking their of Defense determines, based on the avail- on the payment of claims pursuant to this lives and even their families’ lives, and able evidence, served in the Peoples Army of section. then we left them there, denied their Vietnam or who provided active assistance to the Government of the Democratic Repub- The PRESIDING OFFICER. The Sen- existence, and walked away leaving lic of Vietnam during the period 1958 through ator is recognized. them to be imprisoned, tortured or 1975. Mr. KERRY. Mr. President, this is an killed. (3) In the case of a decedent who would amendment that seeks to address yet So we are here today simply to right have been eligible for a payment under this another painful chapter in the long leg- a wrong, to pay for an injustice and to section if the decedent had lived, the pay- acy of painful chapters with respect to seek fairness and put this still another ment shall be made to survivors of the dece- Vietnam, and it specifically addresses disturbing chapter about Vietnam be- dent in the order in which the survivors are hind us. listed, as follows: what some might characterize as our own form of a bureaucratic Phoenix These are the quick facts, and I will (A) To the surviving spouse. just run through them very, very (B) If there is no surviving spouse, to the Program that sought to eliminate from quickly. surviving children (including natural chil- existence a group of commandos who In the early days of the war, the dren and adopted children) of the decedent, served faithfully during the war under United States and South Vietnamese in equal shares. our organizational effort and command (b) AMOUNT PAYABLE.—The amount pay- Governments initiated a joint covert effort. intelligence-gathering operation able to or with respect to a person under this This amendment would reimburse section is $40,000. against North Vietnam, and recruited this group of commandos for their (c) TIME LIMITATIONS.—(1) In order to be el- were commandos from among Viet- years of incarceration in North Viet- igible for payment under this section, the namese civilians and the Armed Forces namese prisons while they served in claimant must file his or her claim with the of the Army of the Republic of Viet- Secretary of Defense within 18 months of the the mutual cause with us in the war in nam. effective date of the regulations implement- Vietnam. The United States, through the CIA ing this Section. What the amendment seeks to do is (2) Not later than 18 months after the Sec- and later through the Defense Depart- to authorize $20 million for payment to ment, provided training and funding, retary receives a claim for payment under Vietnamese personnel who infiltrated this section—— including salaries, allowances, bonuses, (A) the claimant’s eligibility for payment into North Vietnam to perform covert and death benefits. Together, the Unit- of the claim under subsection (a) shall be de- operations during the Vietnam era and ed States and South Vietnamese offi- termined; and who were captured and incarcerated by cials determined where and when the (B) if the claimant is determined eligible, the Democratic Republic of Vietnam. commandos, who were organized into the claim shall be paid. Under the amendment, a lump-sum teams, would be infiltrated into North (d) DETERMINATION AND PAYMENT OF payment of $40,000 would be provided to Vietnam. Many were dropped by para- CLAIMS.—(1) Submission and Determination each claimant determined eligible by chute, but some were inserted by land of Claims. The Secretary of Defense shall es- the Secretary of Defense, and I am tablish by regulation procedures whereby in- or sea. Some also conducted counter- dividuals may submit claims for payment pleased to say that the administration intelligence activities against North under this Section. Such regulations shall be has worked very closely in designing Vietnam and against Laos. issued within 6 months of the date of enact- this amendment and in signing off on it ARES, the first team, was inserted in ment of this Act. and now fully supports it, as do, I be- early 1961. By the early 1970’s, there (2) Payment of Claims. The Secretary of lieve, the chairman of the Armed Serv- were 52 teams comprising nearly 500 Defense, in consultation with the other af- ices Committee and the ranking mem- commandos who had been inserted be- fected agencies, may establish guidelines for ber of the Armed Services Committee. hind enemy lines. Initially, the mission determining what constitutes adequate docu- Those of us who offer this amend- was confined to intelligence gathering, mentation that an individual was captured ment recognize that the United States and incarcerated by the Democratic Repub- but subsequently it grew to include lic of Vietnam after having entered the terri- worked with many Southeast Asian sabotage and psychological warfare. tory of the Democratic Republic of Vietnam forces during the Vietnam war, but our From the very beginning, Mr. Presi- pursuant to operations conducted under intent here is to only single out for dent, it was clear that this operation OPLAN 34A or its predecessor. recognition the Vietnamese comman- was a failure. Recently, declassified (e) AUTHORIZATION OF APPROPRIATIONS.—Of dos who participated in a specific pro- Defense Department documents show the total amount authorized to be appro- gram, in OPLAN 34A and its prede- that the teams were killed or captured priated under section 301, $20,000,000 is avail- cessor, and who sought under that pro- very shortly after landing and that the able for payments under this section. Not- gram to infiltrate into North Vietnam, withstanding Sec. 301, that amount is au- CIA and the Defense Department, thorized to be appropriated so as to remain who were captured and who were incar- which took over the operation in early available until expended. cerated in the process. 1964, knew it at that time. (f) PAYMENT IN FULL SATISFACTION OF In designing guidelines for proof of It is now apparent that the missions CLAIMS AGAINST UNITED STATES.—The ac- eligibility for payments under this were compromised and that Hanoi ran S6440 CONGRESSIONAL RECORD — SENATE June 19, 1996 a counterespionage operation against do not think any purpose is served by documents, 240,000 in total, include us and our South Vietnamese ally by that. But we do want people to under- DOD payroll rosters for the comman- forcing our commandos to radio back stand what happened 25, 30 years ago so dos and records of death gratuities. the information that they, Hanoi, that it will not happen again. We are To address this injustice, the amend- wanted us to hear. here also to do the right thing. It is ment provides the commandos with $20 The preponderance of the evidence clearly important not to compound million in back pay, approximately that has come to light in the last year judgments that were wrong 25 and 30 $40,000 each. As the Senator from Mas- leaves little doubt that the United years ago with judgments that are sachusetts pointed out, this amounts States Government at that time con- wrong today. It would be wrong to to about $2,000 for each year each com- tinued to insert Vietnamese comman- avoid executing our responsibility mando spent in prison. We have chosen dos behind enemy lines, knowing full today. as the number of commandos the out- well that it was sending them on near So, Mr. President, we can honor their side estimate of 500. The cost may ulti- impossible missions with little chance service and make it clear to those who mately be as low as $11 million, but be- of success. might join us again at any time, now cause the number of eligible Vietnam- The Defense Department then or in the future, in the struggle for ese veterans may increase as time goes compounded this tragedy by writing off freedom and democracy, that we are by, we thought it important to give the the lost commandos as dead, appar- big enough in our country to admit Secretary the spending authority to ently in order to avoid paying their mistakes when they are made and to meet the contingency of more claims. monthly salaries. move to rectify them, and that while The administration, until very re- An example: A six-man team, called sometimes people may make mistakes, cently, citing an 1875 Supreme Court Attila, was dropped into Nghe An prov- a great country will always honor and case, maintained that it had no obliga- ince on April 25, 1964. The team was im- thank those who fight with us in a tion to these men because they were mediately captured. Two months later common cause. employed under a secret contract. I am on July 16, Radio Hanoi announced the Mr. President, I believe the amend- pleased to report, however, the com- names and addresses of the six team ment that we are offering today will mandos now have the support of the members, the dates they were cap- help to provide that recognition, and I administration. Senator KERRY and I tured, and the start of their trials. urge its adoption. and Senator SMITH, Senator ROBB, and Declassified Defense Department doc- Mr. MCCAIN addressed the Chair. other Senators have worked very close- uments indicate that we knew the The PRESIDING OFFICER. The Sen- ly with the administration in formulat- team had been captured, but, neverthe- ator from Arizona is recognized. ing this amendment. less, by the beginning of 1965, only Mr. MCCAIN. Mr. President, the The CIA began the program, but later months later, the Defense Department amendment requires the Secretary of turned it over to the Department of had declared the entire team dead and Defense to make payments to Vietnam- Defense, at which time the numbers of paid small death benefits to their next ese nationals who were trained and teams and individuals sent into North of kin. The process of declaring the commanded by the United States Gov- Vietnam approximately doubled. The commandos dead on paper was re- ernment to fight behind enemy lines late former CIA Director, William affirmed in 1969 by the colonel in during the war. Colby, who in 1961, as the chief of the charge of the operations for MACSOG, The amendment purposely creates a Agency’s Far Eastern Division, was the Military Assistance Command low standard of proof to be met by the tasked with directing the commando Studies and Observations Group. He commandos, and it is our intention and program, indicated his support for the said: hope that it be interpreted liberally. commandos’ claims and specifically en- We reduced the number of dead gradually All that those men must prove in order dorsed a legislative solution. by declaring so many of them dead each to receive payment for their services is Mr. President, I ask unanimous con- month until we had written them all off and that: First, they entered North Viet- sent to have printed in the RECORD a removed them from the monthly payrolls. nam during the war under an operation letter from the current acting CIA Di- So, Mr. President, after sending these called OPLAN 34A or its predecessor; rector, George Tenet, also supporting a men on these extraordinary missions, and second, they were captured and in- legislative solution to the problem, and after cutting off their pay, we then carcerated by the Democratic Republic in addition, a letter to me from John committed the most egregious act of of Vietnam as a result. F. Sommer, Jr., Executive Director of all. We made no effort to obtain their For approximately 7 years, beginning the American Legion, and a letter to release, along with the American in 1961, the United States apparently me from Paul A. Spera, Commander in POW’s, during the peace negotiations contracted with South Vietnamese na- Chief of the Veterans of Foreign Wars. in Paris. As a result, many of these tionals to conduct covert military op- There being no objection, the letters brave men, who fought alongside us for erations in North Vietnam. At first were ordered to be printed in the the same cause, spent years in prison, under the authority of the CIA and RECORD, as follows: more than 20 years in some cases. later under the authority of the De- CENTRAL INTELLIGENCE AGENCY, After their release from prison in the fense Department, hundreds of com- Washington, DC, June 18, 1996. 1970’s or 1980’s, a number of the com- mandos were sent into North Vietnam, Hon. ARLEN SPECTER, mandos made their way to the United Chairman, Select Committee on Intelligence, and more than 450 were killed or cap- U.S. Senate, Washington, DC. States. They are now seeking acknowl- tured. DEAR MR. CHAIRMAN: On behalf of the Di- edgement from our country for their Those captured were convicted of rector, I welcome the opportunity to provide service and payment from the U.S. treason and remained in captivity until our views with respect to an amendment to Government for their period of incar- 1979, when they began to be released. provide relief to those who have come to be ceration. At a minimum, each served 15 years at called the ‘‘Lost Commandos.’’ In a lawsuit, they have asked for hard labor. Many of them suffered This Administration supports an amend- ment recognizing the hardships endured by $2,000 a year for an average of 20 years through more than 20 years of impris- those of the Lost Commandos who were cap- spent in captivity. We believe, those of onment. tured and incarcerated during the Vietnam us supporting this amendment, that A recently declassified study done in War. Although many of our Vietnamese al- the United States owes these men a 1970 by the Joint Chiefs of Staff, which lies suffered during and after the war, the debt that can never be repaid. We can oversaw the commando program, indi- mission of these Commandos and the suffer- at least give them the recognition that cates that the commandos were funded ing they have endured set them apart and they deserve and the small amount of by DOD and that the majority of them make them uniquely deserving of recogni- compensation that they were promised were captured alive and taken prisoner tion. Whether or not the mission of these Commandos was a mistake is not relevant to three decades ago. by North Vietnam. our moral obligations to them now. The Speaking for myself, I am not here, More recently, only weeks ago, 80 creed of the Central Intelligence Agency, nor do I think any of us are here, to try boxes of documents were discovered in then as now, is to protect, defend, and com- to point fingers at people individually, the National Archives related to the pensate its assets for the sometimes mortal nor even to find scapegoats or scalps. I employment of these brave men. These risks they take on our behalf. That is the June 19, 1996 CONGRESSIONAL RECORD — SENATE S6441 only credible position for a secret intel- trust there are lessons learned from this to its agreements with its friends be- ligence service to take if it is to win and travesty of justice. cause it is a nation of honor and a na- hold the loyalty of its assets. We strongly Sincerely, tion of laws. believe that, in the case of these commandos, JOHN F. SOMMER, JR., Mr. President, I strongly urge the the United States Government has a similar, Executive Director. morally based obligation. adoption of this amendment. I yield Congress, not the courts, is the proper VETERANS OF FOREIGN WARS the floor. forum for the recognition of such an obliga- OF THE UNITED STATES, Mr. ROBB addressed the Chair. tion. I must note that the United States Washington, DC, June 19, 1996. The PRESIDING OFFICER. The Sen- Government is currently the defendant in a Hon. JOHN MCCAIN, ator from Virginia. lawsuit brought by 281 persons claiming to U.S. Senate, Mr. ROBB. Mr. President, I am very be among these Lost Commandos. Our posi- Washington, DC. pleased to join with my colleagues in DEAR SENATOR MCCAIN: I am writing in tion is that their claims are not justiciable cosponsoring this particular amend- and in fact are in the wrong forum. Accord- support of your amendment to the National ingly, the Government has filed a Motion to Defense Authorization Act seeking back pay ment. The case for support has been Dismiss. Our Motion is based in major part for Vietnamese commandos captured and in- eloquently stated by the distinguished upon the principle, first enunciated in Totten terned by the Vietnamese. Senator from Massachusetts, the dis- v. United States, that an intelligence service We believe, as you do, that these Vietnam- tinguished Senator from Arizona, and cannot exist if its secret assets—actual or ese who performed dangerous and covert op- could be made by others. I will not re- imagined—can sue it publicly for money or erations as part of our secret war in Indo- peat it. benefits. That principle was upheld in 1988 in china and who suffered as a consequence of these operations should be recompensed for I will simply say that what was done Vu Duc Guong v. United States, an earlier suit in the name of the United States in the by an individual claiming to be a Lost Com- their service and sacrifice. mando. For too long, these brave men, once de- instance of these particular comman- The Totten principle is vital to the ability clared dead by our Government, lived in dos is appalling and unconscionable. of this Agency to obtain secrets, run assets, limbo, unrecognized for their achievements This is clearly the right thing to do to and conduct operations without the threat of and their hardships. atone for the actions that were taken Now we find out that our own Government, blackmail of public exposure through law- some time ago and without the knowl- knowing they were in captivity, systemati- suits for money. Underlying that principle is edge of apparently very many people in cally wrote them off as dead in order to the necessity that CIA administer its assets avoid paying them their salaries. In good the Government at that particular fairly and fulfill its obligations meticu- conscience, we believe this was wrong and time. In any event, I applaud my col- lously. This we do. I would be pleased to pro- strongly support your amendment to provide leagues for taking this particular ac- vide any appropriate level of detail on this back pay to these brave men. point in closed session. Underlying the tion. Please advise your colleagues in the Sen- Totten principle as well is the recognition AMENDMENT NO. 4052 ate of our strong support for the Kerry- that Congress, not the courts, has oversight McCain Amendment. Mr. ROBB. Mr. President, while I responsibility for the conduct of our oper- Sincerely, have the floor for just one moment, the ations. PAUL A. SPERA, last amendment that was debated, and I regret that I am unable to provide factual Commander-in-Chief. on which the yeas and nays have been information in an open session to assist in ordered, and which was temporarily set the preparing of an amendment. Doing so, I Mr. MCCAIN. I point out, Mr. Presi- am advised, could jeopardize the Totten dent, the amendment has the support aside for a vote at 2:15, I would like to principle and impede the transfer of this of the Veterans of Foreign Wars and just say—as I was prepared to say at issue from the courts to the Congress, where the American Legion. that time, but could not—that I am a it belongs. Let me repeat, however, that I am All of the details and legalities aside, cosponsor of that particular amend- pleased to support legislative relief for these one thing is clear; these men sacrificed ment. I reiterate for my colleagues, brave, deserving men. That relief will be for a cause, the same cause for which particularly on this side of the aisle more than a measure of their suffering: It all veterans of the Vietnam war sac- who may not have heard the argu- will be a measure as well of our commitment ments, this is simply a sense-of-the- to our former allies. rificed—a free Vietnam. And they suf- Sincerely, fered horribly for their commitment. Senate resolution which is attempting GEORGE J. TENET, For many years United States immi- to deal with a very difficult problem Acting Director. gration policy has provided programs here in the Nation’s Capital. which ease the process for those Viet- It does not direct the President or THE AMERICAN LEGION, namese associated with the United the Secretary of the Treasury or the Washington, DC, June 19, 1996. States war effort. We do so because it Secret Service to do anything. It is a Hon. JOHN MCCAIN, is our obligation to our wartime allies. sense-of-the-Senate resolution that Russell Senate Office Building, All that the cosponsors of this amend- asks them, in effect, to work together Washington, DC. ment are asking is that we similarly to try to solve the problem. I hope my DEAR SENATOR MCCAIN: The American Le- honor the full extent of our obligations colleagues will join in this case in op- gion most certainly supports the amendment posing the motion to table when we to provide payments to former South Viet- to the commandos and correct this namese Commandos or their survivors. gross injustice. vote on it at 2:15. America’s obligation to the commandos, who One of the commandos is quoted in Mr. REID. Mr. President, would the were written off by our government, must be Saturday’s New York Times as saying, Senator from Virginia yield for a ques- fulfilled to recognize their honorable service, ‘‘They didn’t want to remember us be- tion? their commitment to the principles of free- cause we represent the failure of the Mr. ROBB. Mr. President, I am happy dom and their personal sacrifices. United States in Vietnam.’’ I have al- to yield to the Senator. History has shown that the wages of war ways made the case that as a nation, Mr. REID. Mr. President, I say to my go on long after the guns are silenced, the and as individuals, we must put the friend, it is a sense of the Senate that treaties are signed and the parades are over. the President should direct, and lists a This issue warrants serious reexamination of Vietnam war behind us. To continue to America’s national policy on service person- deny the service of these men is not number of people. nel who are prisoners-of-war and missing-in- the way to do it. Mr. ROBB. Mr. President, I respond action. If our government places young men I also strongly subscribe to the words to my friend that it is a sense of the and woman in harms way, it has a moral and of President Reagan who said it as suc- Senate. We are simply expressing the ethical obligation for the repatriation of cinctly and coherently as possible sense of the Senate that that is what each and every one of them. Equally as im- when he stated that: ‘‘The Vietnam we hope the President will do in that portant is the fact the families of these mili- veterans who served, served in a noble particular instance. It is not statutory. tary personnel must be cared for by a grate- It does not require that particular ac- ful Nation. cause.’’ I repeat, ‘‘a noble cause,’’ as did these South Vietnamese comman- tion. The American Legion applauds the purpose of this amendment, as it reflects a good-faith dos. I might also say, Mr. President, when effort to recognize the sacrifices of our Mr. President, we send a bright sig- the distinguished Senator from Min- former allies. However, nothing can erase nal by passing this legislation today: nesota initially drafted the particular this terrible chapter of the Vietnam War. We The United States of America lives up piece of legislation and sent it to my S6442 CONGRESSIONAL RECORD — SENATE June 19, 1996 office, there was some language I felt the White House complex significantly more taking great risks. Indeed, many of could easily be interpreted as partisan secure. It will, however, result in having one their fellow comrades died during these in nature. I did not think it was appro- of our symbols of freedom and democracy be- very operations, and some died after priate. I asked him if he would be will- come more distant from the people. We have the missions while they were in North allowed fear to dictate our actions. Return- ing to make some concessions in that ing Pennsylvania Avenue to the people will Vietnam. They also knew what was at regard, which he was kind enough to restore the freedom for which it stands. stake with the Communist aggression do, so we would approach it on a bipar- Now, with the June 28th deadline ap- if we did not contain the Communist tisan basis and attempt to deal with proaching for public comment on the pro- aggression in Southeast Asia. the problem in a way that involved the posed closure, we must work together to give More importantly, the United States various agencies of Government that Pennsylvania Avenue back to the people. We certainly was aware of the dangers in- have some responsibility for this par- urge you to support this amendment. volved with these missions. That is ticular action. Sincerely, why I believe a solemn commitment RICHARD L. LESHER. Again, I agree wholeheartedly with was made to these commandos and my distinguished friend from Nevada AMENDMENT NO. 4055 their families that they would be com- that the floor of the U.S. Senate is not Mr. ROBB. Mr. President, it is my pensated for the sacrifices they made. the place to debate or make a decision. understanding with respect to the It is interesting, these Vietnamese This is simply a request to go through amendment before the Senate, there is worked for the CIA and the United the kinds of procedures that I think no objection from either side. The Sen- States military in, basically, a doomed will lead to a proper decision. ator from New Hampshire may wish to effort to infiltrate North Vietnam be- More importantly, this is the best so- comment. If he does not, I ask that the tween 1961 and 1969. They were dropped lution to this particular problem. No Senate proceed to take action on that behind enemy lines by parachute. Some one wants to place either the First amendment by voice vote at this time. secretly swam ashore after being taken Family of the United States or others The PRESIDING OFFICER. The Sen- there in speedboats, and then they in particular jeopardy. I agree with the ator from New Hampshire, Mr. SMITH, were captured. Senator from Minnesota that any in- is recognized. It is clear that as we stand here now, clusion of some of the additional street Mr. SMITH. There is no objection on the United States has yet to live up to closings would also be appropriate for this side, and we have no objection to that commitment that was made to study and consideration. voice voting. I do have a few remarks I these South Vietnamese commandos in I ask unanimous consent a letter will make. Subsequent to that, we can the 1960’s. In point of fact, a cold and from the president of the U.S. Chamber proceed to do that. uncaring bureaucracy was allowed to write these men off, literally, as dead of Commerce be printed in the RECORD Prior to that, Mr. President, in re- as part of that debate. gard to the previous unanimous con- three decades ago, even though there There being no objection, the mate- sent for a vote at 2:15, there are some was convincing evidence that many rial was ordered to be printed in the Members who apparently are tied up at had been captured. To put it bluntly, their families were told they were dead RECORD, as follows: a White House meeting. I ask unani- when, in fact, they were alive. CHAMBER OF COMMERCE OF THE mous consent that the vote which was previously scheduled for 2:15 now occur It is a documented historical fact UNITED STATES OF AMERICA, that in 1969, in then secret testimony Washington, DC, June 19, 1996. at 2:30 today. MEMBERS OF THE U.S. SENATE: The U.S. The PRESIDING OFFICER. Without before the Joint Chiefs of Staff, a DOD Chamber of Commerce—the world’s largest objection, it is so ordered. official stated: ‘‘We reduced the num- business federation, representing 215,000 Mr. SMITH. Mr. President, I am ber of commandos on the payroll businesses, 3,000 state and local chambers of pleased to join the Senator from Mas- gradually by declaring so many of commerce, 1,200 trade and professional asso- sachusetts, Senator KERRY, the Sen- them dead each month until we had ciations, and 76 American chambers of com- written them all off and removed them merce abroad—urges your support for Sen- ator from Nebraska, Senator KERREY, and the Senator from Arizona, Mr. from the monthly payroll.’’ ator Rod Grams’ resolution calling for the It is really bizarre to think these MCCAIN, in offering this amendment. It reopening of Pennsylvania Avenue, which kinds of things do happen in our Gov- will appear as an amendment to the Defense is an amendment that needs to be of- ernment, but, as I said earlier, the fact Appropriations Bill for FY97. fered. It is one of those very painful that we right these wrongs is perhaps a A little over a year ago, Pennsylvania Ave- chapters in American history that oc- better comment about what America is nue was closed between 15th and 17th casionally we have to deal with. It is a Streets. The U.S. Secret Service requested like. The families were paid a very great tribute, I think, to America that this action be taken following the bombing small token of death gratuity, and that when we find a wrong, that we do have of the Murah Federal Building in Oklahoma was it. Knowing these men were alive, the capacity to admit that wrong and City. At the time, it was said to be a tem- the DOD official told the Joint Chiefs to right it. porary measure. Interestingly, two former of Staff that we were writing them off presidents—Gerald Ford and Jimmy Carter— Over 35 years ago, the United States as dead, and the widows and surviving have said the closure was requested during Government asked the Republic of their presidencies as well, but was rejected. family members were paid a small sti- Vietnam to provide some South Viet- pend and then informed that these peo- The National Park Service has since released namese military personnel for special a plan to turn the ‘‘temporarily’’ closed por- ple were dead when, in fact, we knew commando missions into North Viet- tion of Pennsylvania Avenue into part of La- they were not. fayette Park at a cost of $45 million. The nam. The best figures that we have, The majority of those men had put U.S. Chamber does not feel this is an expense and there is some variation here, but their lives on the line for the United that should be spent on a ‘‘temporary solu- approximately 350 of these commandos States’ national interests. They were tion.’’ Furthermore, an unfair burden of eco- were trained by U.S. Government agen- not Americans, but they put their lives nomic loss and traffic congestion has been cies. on the line for America, and they were placed on the local residents of the park and They were inserted into North Viet- shackled in North Vietnamese prisons, this city without appropriate consultation. nam by our military forces, and, as has The U.S. Chamber of Commerce has been a and our Government knew it and our resident of historic Lafayette Park since already been said, they were captured Government never told the families. 1924. Now with H Street a main east/west by the Communist forces and forced to The amendment that my colleagues thoroughfare, the northern boundary of the spend the next 20 to 30 years in reedu- are offering today, along with me, will park has been damaged. This boundary is cation camps. The term ‘‘reeducation authorize back pay, very simply, for represented by historic buildings such as the camp’’ does not really, Mr. President, the men who participated in these dar- Decatur House, St Johns Church, the Madi- accurately define what exactly these ing missions. It is a bit late, for sure, son House, and the Hay-Adams Hotel. men went through. We know they were but it comes out to about $2,000 per The closure of Pennsylvania Avenue has tortured. So reeducation is hardly the taken away one of the main symbols of de- commando for each year spent in North mocracy and American freedom. While the correct word. Vietnamese prisons. It is the least we President’s safety is of the utmost impor- For the record, Mr. President, it is can do. tance, according to security experts the clo- clear that these commandos knew what I note as a comparison that our dis- sure of Pennsylvania Avenue does not make they were doing. They knew they were tinguished colleague from Arizona and June 19, 1996 CONGRESSIONAL RECORD — SENATE S6443 many others who were captured by the Mr. REID addressed the Chair. one else, that we are going to ease up North Vietnamese and imprisoned and The PRESIDING OFFICER. The Sen- on our security. I served for several tortured, they received full pay, as ator from Nevada, Mr. REID, is recog- terms as chairman of the Legislative they should have, during the time they nized. Branch Appropriations Committee, were in Communist activity. So there Mr. REID. Mr. President, what is the where we funded the Capitol Police is certainly a well-established prece- order of business now before the Sen- force. We had hearings on their impor- dent for this amendment. There is ate? tant duties and how they have changed nothing dramatic about it. It is just The PRESIDING OFFICER. Under as a result of international terrorism. the right thing to do. the previous order, the Grams amend- Mr. President, we all know how Let me also point out after a year of ment has been postponed until 2:30. weaponry has changed. No one now fighting this case in U.S. claims court, AMENDMENT NO. 4052 needs to drive a tank next to the White the administration has decided that Mr. REID. Mr. President, I will give House to blow it up, or on Pennsylva- granting this back pay to these com- some general statements. We have been nia Avenue. You can have a vehicle mandos is the right thing to do. I think called upon to vote on a motion to loaded with plastic explosives that we should give credit to National Secu- table at 2:30 today. There being no would blow up the White House. This is rity Adviser Tony Lake, because he has other business here on the Senate an issue that we should not be involved been very supportive and very helpful floor, I will talk a little bit about that in. in getting this done. amendment and the motion to table It is difficult for me to understand, I think that the tragedy which befell that sense-of-the-Senate resolution. with all of the priorities we have, how these commandos was only made worse Mr. President, it seems unusual to we can be debating for the people of by the initial attitude of the Justice me that, with all the many problems Nevada whether or not a block of Penn- Department and DOD and the CIA in we have in America today—and there sylvania Avenue should be closed. the claims court. Again, we had to drag are significant problems—such as mini- What I would like to be talking about them kicking and screaming in to right mum wage, problems dealing with is minimum wage, as an example. Mini- the wrong, but the wrong is righted. I health care reform, significant prob- mum wage, as you know, is not just for commend, again, Tony Lake for revers- lems dealing with the environment, we teenagers flipping hamburgers at ing this attitude and coming out in are here today talking about a block of McDonald’s. The fact of the matter is support of the amendment. Pennsylvania Avenue. that 60 percent of the people who draw Finally, Mr. President, as we con- The loudest complaints we hear minimum wage are women, and for 40 tinue to seek answers about the fate of about Pennsylvania Avenue being percent of those women, that is the our own missing American servicemen blocked off for the security of the peo- only money they get for their families. from the Vietnam war, I think it is im- ple that live in, work in, and visit the That is one of the issues we should be perative for the administration to as- White House, come from lobbyists. talking about. sure that each of these South Vietnam- Most of the lobbyist offices are down- There is talk that the Treasury De- ese commandos has been interviewed town, on the 18th Street corridor, down partment decision to close Pennsylva- for any information they might possess that way. It makes it difficult for them nia Avenue in front of the White House on any missing American, dead or to travel back and forth. It is very dif- was nothing more than a knee-jerk re- alive. This is very important. Some of ficult for many of them to maneuver action to fear. Well, the fact is, it was these men have been in prison in North their limousines through some of the done under very strong consultation. Vietnam for 20 years. Who knows what small, closely packed District of Co- And, also, Mr. President, what we have they might know. They all should be lumbia streets with the big pot holes. to appreciate is that the Treasury De- debriefed thoroughly. This would in- But that is not what we should be de- partment came to Capitol Hill and clude making arrangements to speak bating here. briefed the leadership of both the Sen- to all of them who are reportedly still We should be talking about whether ate and the House, the Republican and in Vietnam awaiting approval for de- or not, if someone has health insurance Democratic leadership, and told them parture to the United States. and they leave a job, they can take it what they were going to do. There was Let me commend my colleagues, with them, or whether or not someone no objection from any of the leader- again, who served with me on the Sen- who has a son or a daughter with a pre- ship. ate committee in 1992, including the existing condition, when they graduate I also say that we have to understand Senator from Virginia, who is here on from college, can they still get insur- that any Member of the U.S. Senate the floor, for working with me on this ance someplace, or someone is injured can have a briefing. If they had a brief- amendment. We were all concerned on a job and, for whatever reason, loses ing, I am sure they would be enlight- when we saw the news accounts, and we that job and now wants to get insur- ened as to how little it takes to do a were all committed to doing something ance for them and their family. Under lot of damage. For us to stand on the about it. We reacted quickly. I am present conditions, most times they Senate floor and say, well, this resolu- proud to be an original cosponsor, and cannot do that because of preexisting tion really is only a sense-of-the-Sen- I urge all of my colleagues to support condition restrictions that insurance ate resolution, it does not mean any- it. companies place on obtaining insur- thing, I respectfully suggest that it Mr. President, I might say that there ance. I have spoken to people in the in- does mean something. The U.S. Senate is no one on our side that I know of surance industry. They are hoping that is going on record and saying it is the who wishes to speak on the amend- this is debated to a finality and that sense of the Senate that the President ment. I yield to the Senator from Vir- there is a decision made. should direct the Secret Service to de- ginia to move the amendment. velop a plan for the permanent reopen- Mr. ROBB. I know of no one else who So I hope the motion to table is ing of vehicular traffic on Pennsylva- has requested an opportunity to speak agreed to. If it is not, there is going to nia Avenue in front of the White on this amendment. I, therefore, urge be a series of amendments offered to House. That is about as direct as you adoption of the amendment. improve the amendment that is now The PRESIDING OFFICER. Is there before the body. can get and about as assertive as you further debate on the amendment? Mr. President, in the break that we can get. I think it is wrong that we The question is on agreeing to the have had, I went back to the cloak- would even consider doing something amendment. room and received a call from the Sec- like that. The amendment (No. 4055) was agreed retary of the Treasury. The Secretary Mr. President, in fact, earlier this to. of the Treasury, who is head of the Se- month, the directors of the U.S. Secret Mr. SMITH. Mr. President, I move to cret Service, wanted me to inform the Service stated, the Secret Service ‘‘re- reconsider the vote. U.S. Senate—and these are his words, mains steadfast in its belief that the Mr. ROBB. I move to lay that motion not mine—that ‘‘It is imperative that threat to the White House complex by on the table. that street remain blocked off.’’ explosive-laden vehicles is genuine, and The motion to lay on the table was We cannot be sending a message to that given an opportunity, an attack agreed to. terrorists around the world, or to any- will occur.’’ S6444 CONGRESSIONAL RECORD — SENATE June 19, 1996 That is about as direct as you can should leave that to the experts. I do rity threats, those cars were elimi- get, Mr. President. The Secret Service not believe we should be micromanag- nated. ‘‘remains steadfast in its belief that ing what the Secret Service says. What are we going to do out here? We the threat to the White House complex The general scheme of things, it are going to build a beautiful mall. We by explosive-laden vehicles is genuine, seems to me, is that we should not be are going to have a visitors center and that given the opportunity, an at- concerned about a block of sidewalk where people who come and want to tack will occur.’’ That is not some kind when we should be talking about mini- visit the Capitol do not have to do it in of bureaucratic jargon where you have mum wage, welfare reform, and health the blaring sun with the humidity of to read between the lines. It is direct care reform. We could come on the the summertime in Washington or the and to the point. Senate floor and talk about some of terrible winters we have here on occa- The avenue in front of the White the good things that are happening. sion. But we will have a visitors center House should be closed to vehicular There are good things happening, too. where people can come in out of the traffic. The decision to close Penn- It is not all bleak. It will be the fourth elements and come in order into the sylvania Avenue was, in part, based on year in a row where we have had de- Capitol, one of the most sought after the recommendation of the Advisory clining deficits—not declining enough places in America. That is the same Committee of the White House Secu- in my mind and in the minds of others. thing they are basically going to do at rity and Review, a nonpartisan distin- But for the fourth year in a row, we the White House. As indicated, there guished panel of experts. The commit- have had declining deficits. are institutions which are now study- tee was impaneled following several se- For the first time since the Civil War ing the best way to do that. curity incidents at the White House, years, we have had 4 years in a row of Mr. President, I hope when this mat- most notable being the air crash on the declining deficits, and the lowest un- ter is voted on at 2:30 that my col- south grounds. employment and the lowest inflation in leagues will support the motion to Do not forget, also, colleagues and some 40 years. Job creation: Over 9 mil- table. This should not be a partisan Mr. President, that the White House issue. The security of the White House was sprayed with gunfire within the lion jobs, and 60 percent of them are high-wage jobs. We are doing some and the Capitol complex should not be past year. Someone came to the front a part of this issue. We should, on a bi- of the White House and Pennsylvania good things. We should be talking about that rather than the sidewalk in partisan basis, vote to table this sense- Avenue and simply sprayed the White of-the-Senate resolution, which I think House with gunfire. This was not a front of the White House that is the travel route for the lobbyists in their is ill-placed, ill-timed, and really some- knee-jerk reaction. The recommenda- thing that we should not be debating tion was based on a thorough technical limousines. If I thought in good faith that we are here. I believe this is something that analysis. Concerns about the vulner- should be done in the security offices ability of the White House were height- going to have a sense-of-the-Senate resolution directing the President to throughout this Government. I think ened by the truck bombing of the U.S. the two intelligence committees of the Marine barracks in Beirut—we all re- open Pennsylvania Avenue to vehicular traffic, should we not at least say that House and Senate can give us all the member that—and confirmed by the vision as to why it is important that bombings of the World Trade Center in we should be letting the Secretary of the Treasury and the Secret Service we have security. New York and the Murrah Federal I think on this defense bill we should tell us that it protects the people who Building in Oklahoma City. It was only get to the many issues that are now live in the White House and who work about 2 weeks after the White House going to take up days of our time. The in the White House? was closed and Pennsylvania Avenue ranking member of the full committee We have problems with welfare. If was closed to vehicular traffic that the indicated in the meetings that we had there is an issue that the people in Ne- Federal building in Oklahoma City was yesterday that we are going to have a vada would like to hear some conversa- destroyed and 140 people were killed. very hard time with the schedule that tion about here on the Senate floor, it So we have heard it from the head of is now before us to complete this bill should be welfare reform. I cannot the Secret Service. We have heard it next week. I am paraphrasing what he guarantee the viewing audience much, from the Secretary of the Treasury, said. But it is going to be almost im- but I can guarantee that the viewing and his words I repeat. ‘‘It is impera- possible to finish this bill within the audience would rather we were talking tive that the area be closed.’’ next day or two. On this defense bill we are dealing about welfare reform than whether or So, Mr. President, I hope that we will with billions and billions of dollars of not the street in front of the White join together, join hands and table this taxpayers’ money that will be spent House is closed. sense-of-the-Senate resolution. If we do during this next year for the security What about Medicare? We know that not, then the Senator from Nevada— of this Nation, and hopefully the peace Medicare is something that we should and I am sure others—will offer amend- and security of the rest of the world— be talking about here. And Medicaid we ments to, in effect, not let the U.S. very important, weighty issues. I per- need to talk about. Senate micromanage what the Secret sonally, respectfully suggest that our So I hope that my colleagues will see Service and the Capitol Police do, and talking about a block of Pennsylvania this sense-of-the-Senate resolution for put us back in the business we should Avenue closed to vehicular traffic that what I respectfully suggest it is. It is be in—and that is legislation. has caused some inconvenience to lob- something that we should not be in- The PRESIDING OFFICER. Who byists and some of the people trying to volved in. Whether or not the White seeks recognition? get home at night should not be what House is secure or not cannot be de- Mr. GRAMS addressed the Chair. we are spending our time about here. I cided here on the Senate floor. The PRESIDING OFFICER. The Sen- believe we should be talking about I heard an astounding remark from ator from Minnesota is recognized. doing a better job of balancing the the question I asked of my colleague. Mr. GRAMS. Mr. President, I just budget. I think we should be talking ‘‘Well, we are going to hold hearings want to take a couple minutes to talk about doing something about the deliv- later.’’ Well, I have served in legisla- a little bit about the pending vote com- ery of health care to the people across tive bodies for many years in my life. I ing up and that is on the question of America. I think we should be talking believe we should hold the hearings Pennsylvania Avenue. I know and I about doing something to make sure first and then do our voting later. agree with my colleague from Nevada that we have clean air and clean water, There are ways we can determine if, in that there are many, many important and that our cities are areas where fact, the vehicular traffic in front of issues before the Senate and that we there is job growth rather than job the White House should be cut out. could debate them if we had the oppor- drought. We talk about the drought On this east front of the Capitol of tunity. Many of those issues have been happening all across the United States. the United States, when the Presiding brought to the floor, and we have never We have had a drought of jobs. We need Officer and I came to Washington, as had the opportunity to debate those. to get involved. you will remember, this was a parking But that does not take away from the I do not think we should be worrying lot. Hundreds and hundreds of cars question that we have at hand, or the about Pennsylvania Avenue. I think we were parked out here. Because of secu- issue that we are facing. June 19, 1996 CONGRESSIONAL RECORD — SENATE S6445 I know there is a concern about worth of mall before we make some Well, there have been no talks. There whether there has been hearings held kind of a decision, or at least ask the has been no discussion, no public hear- or whether we should wait for hearings. President to reconsider. Are we going ings or anything. So I am not trying to I should like to remind my colleague to spend $40 million, are we going to say that the Secret Service is not well from Nevada and others that the House allow the Park Service to railroad this intended, and they are taking this job has already held an entire day of hear- through, to impose this edict as they of theirs very seriously. But again, ings, having witnesses from all sides of have not only on the District of Colum- they have used the same arguments for this issue. And what came out of those bia but the entire country as well and the last 35 years and not one President hearings already was an overwhelming we are going to stand back and say, in that period of time has taken those support for this amendment, and that well, go ahead, spend $40 million and arguments and said, yes, I need this ad- is just to ask the President to reopen make a park out of this and then what, ditional security to protect myself. Pennsylvania Avenue. tear it up? There are a lot of things I think they provide adequate secu- Now, the committee chairman in the that are done when you have a bu- rity for the President. I think they Senate has also said that he plans on reaucracy with a right hand that does have done a great job. I think right holding hearings, and he has told me not know what the left hand is doing. now this President decided that he that this sense-of-the-Senate resolu- I just think this is not out of order. would listen to the arguments, and tion is complementary to what he I think this is complementary to the that is fine—on a temporary basis. But plans to do in holding these hearings. process that is going forward, that we we should have an opportunity, before So this sense-of-the-Senate by no should at least ask the President and it is permanently closed and before this means is going to interfere with gath- the Secret Service and the Treasury to is done, for the people to have a chance ering more information and being able open hearings on this to the public. Let to make that decision. Again, the deci- to listen to the public and get an idea the public voice their concerns. They sion to close it a year ago might have of their feelings. have not done that. The only com- been prudent, on a temporary basis, By the way, we have a web page on ments they are taking now are, what until we could stand back, look at it, the Worldwide Web asking the people kind of park do you want? That is not look at the alternatives to see how we from around the country. The Senator a very good alternative. can, first and foremost, keep the ave- from Nevada says the people in Nevada Mr. FORD. Mr. President, will the nue open and then provide absolute se- are not that concerned about this, but Senator yield for a question? curity. they should be. On our Worldwide Web, Mr. GRAMS. Yes. Closing Pennsylvania Avenue is not Mr. FORD. On the Worldwide Web over 3,100 people have contacted our going to remove 100 percent of the the Senator is talking about, that you web page in just over 2 weeks, and the risks. This is a democracy. We have got 1,300 responses, and so forth, did overwhelming number, nearly 85 per- they respond to your explanation of risks every day. And there are many, cent—this is people from around the Pennsylvania Avenue or were they re- many other opportunities. This is a country, not just the nearly 100 percent sponding to the Secret Service’s expla- President who likes to jog up and down of the residents in this area—want this nation of closing it? The Mall. He wants to be near the pub- street reopened but for many reasons. Mr. GRAMS. We have posed the ques- lic. I do not know why closing Penn- The people around the country see the tion of what has happened and what sylvania Avenue is the only alter- same concern, that you cannot put a can be done, and their response has native. wall around freedom; you cannot give been by 83.9 percent to reopen Penn- So I urge my colleagues when they in to the terrorists by erecting walls in sylvania Avenue. come to the floor to at least consider front of the White House. Mr. FORD. So, Mr. President it has that. Give democracy a chance to work Now, the question was raised about been the response of what you put on a little bit. Get some input and have whether we should or not. I do not the web not what the Secret Service hearings. And I think if you listened to think alternatives have been fully ex- put on the web and therefore is a polit- the hearings that were held in the plored. And we talk about closing off ical grandstand. House just last week, all the comments Pennsylvania Avenue, that it would Mr. GRAMS. No, Mr. President, it is that were made, the vast, vast major- eliminate some of the problems that not. The only response that the Park ity of the people who were there sup- have already happened, such as snipers Service is taking is something they be- ported reopening Pennsylvania Avenue. and a plane crashing into the south lieve is their grandstand, and that is to Now, you might say, well, it does not lawn of the White House. Closing Penn- say, what kind of park do you want? matter much here, and the people in sylvania Avenue would have done noth- They are not opening their web page. Nevada might not care, but I would ing to prevent that type of activity. They are not opening their comment pose it, in my city of Minneapolis-St. When you talk about whose opinion period to any individual to voice their Paul, if we would close one of our is this, this is not only my opinion or opinion, only to comment on the Park major streets such as Hennepin Ave- the opinion of many others as well, but Service opinion. nue, what would that do to the down- two former residents of the White Now, I do not think that is very town. I think you would have a lot of House have come out in support of re- democratic. I do not think that is an complaints. And in Las Vegas, if you opening Pennsylvania Avenue. Former open process. In other words, I think closed off the strip because of possible President Jimmy Carter said closing the decision has been made on their dangers to some of the people there, I the avenue was a mistake. Every Presi- part and they are going to drive it no do not think you would be able to go dent since John F. Kennedy has been matter what it takes. They are not for a couple minutes without hearing given the same briefings by the Secret asking people whether it should be an outcry from the businesses and pub- Service with their same reasoning for opened or reopened. They are just say- lic in general. closing off Pennsylvania Avenue, to ing, well, we are going to do this and So to impose this on a main street, provide more protection to the Presi- what color do you want it. America’s main street, and a vital ar- dent, but each one of those Presi- I do not think that is fair either. All tery in one of the major cities in the dents—John F. Kennedy, Lyndon John- we are asking is to give this some open world and to say it will have no im- son, Richard Nixon, Gerald Ford, air. Let the people decide. Have some pact, I do not think is logical. Jimmy Carter, Ronald Reagan, George public input. In fact, that is the way Again, I urge my colleagues when Bush—has said no, after hearing those the process should have worked. And they come to the floor to take that same briefings from the same Secret the only reason people allowed the into consideration, and I hope they Service with those same reasons. They street to be closed to begin with with- vote to override the motion to table have all said not on my watch, we are out raising an uproar is because it was and give us a chance to have a vote on not closing what Thomas Jefferson posed to them as a temporary closure this. called America’s Main Street. of Pennsylvania Avenue in the wake of Several Senators addressed the Now, this is not Tiananmen Square. Oklahoma City, and then they were Chair. Is not Red Square. We cannot wait for going to determine what would be the The PRESIDING OFFICER. The Sen- the Park Service to put in $40 million best course of action in the future. ator from Nevada. S6446 CONGRESSIONAL RECORD — SENATE June 19, 1996 Mr. REID. Mr. President, the Las House. We know that. We talk about will tell you that much. I have been Vegas Strip, as important as it is, is our Government being open and free. there when we had to put out agents in not the center of Government of this You still have access to the White many of the ports, waterways, and air- country. The White House and the Cap- House. You just do not have the traffic ways to check on people departing itol complex is. I would also say to peo- jam in front of it, mostly taxicabs and other parts of the world. ple within the sound of my voice, in lobbyists. That is all you eliminate. To say we want to take an oppor- the statement of Director Bowron of And you make it inconvenient because tunity here this afternoon to possibly the U.S. Secret Service, about a week some of the other streets are a little eliminate the safety of the First Fam- ago, June 7, in a House committee he more crowded. ily? If President Bush had been re- testified: But this is going to make the White elected and he made this decision, the The Secret Service also identified a need House, in the opinion of most, better. Senator from Minnesota would not be to quantify the vulnerability of the complex It is going to be a nice mall, park out standing. He would not be standing to explosive detonations outside the perim- there. The Park Service is working on making this effort today. It is because eter. Southwest Research Institute, one of it now. Just the same as we are going the oldest and largest independent, nonprofit another President is in the White research organizations in the United States, to do out here at the east front of the House he is making this decision. This was selected to conduct this classified study. Capitol. We are going to remove the as- is grandstanding. Their methodology involved obtaining struc- phalt. We are trying to raise the I read the articles in Minnesota. tural data on the White House and selecting money. It is a private-public partner- They say he is more interested in 800 likely explosive detonation points on the ship. feet of pavement in Washington, DC, streets surrounding the complex. I just have to say access to the White than he is the big issues of Minnesota. The Director went on to explain how House is not harmed in any way. I That is in his papers. I just paraphrase you can use fertilizer to blow up huge spoke to Secretary Rubin within the it. But why do we want to possibly buildings, like they did the building in past hour. These are his words, not jeopardize the lives of the people that Oklahoma City. He went on to say: mine: ‘‘It is an imperative that that are running this country? That is No. 1. The Secret Service is committed to the use short piece of Pennsylvania Avenue be I suspect, if those people who had an- of technology in furtherance of our protec- closed.’’ What are we doing here today? swered him on the web had the ability tive and investigative missions. Alternatives We are being asked to vote to open to listen to the Secret Service and to closing Pennsylvania Avenue were exam- Pennsylvania Avenue without a con- ined without success. their briefing of the leadership of this gressional hearing. Remember, the Se- It is not that they walked in and Senate, they would change their minds. cret Service, the Treasury Department So I encourage my colleagues not to said, ‘‘We are going to close Pennsylva- came up here and briefed us all, they nia Avenue.’’ The President did not vote for this. Let us have another brief- briefed all the leadership, Republican ing. Let us try to do the right thing. want Pennsylvania Avenue closed. He and Democrat, House, Senate, said told me and told many others that. The Let us not expose people, particularly they were going to close it. There was the President and his family and those advisory committee required full ex- not a single objection. planations of all the possible options who have the responsibility of leading Mr. FORD addressed the Chair. this country. and why the options would not work The PRESIDING OFFICER. The sen- So, Mr. President, I am hopeful the before they concurred that the avenue ior Senator from Kentucky is recog- Senator will be kind enough to with- should be closed. The panel had con- nized. draw this amendment and let us sit cluded that the closing was justified, Mr. FORD. Mr. President, this down and try to understand the prob- even before the bombing in Oklahoma amendment bothers me and many of lems that are there. You cannot tell City. Their decision was made before my colleagues very much. As my friend the American people all the problems that bombing. It was not a knee-jerk from Nevada has said, we were briefed. that were given to us by the Secret reaction to Oklahoma City. The bomb- After that briefing, there was no objec- Service. There are a lot of things you ing occurred after Pennsylvania Ave- tion whatsoever. Now we want, without just do not do. And the decision was nue was closed—I should say a portion any other consideration—many of us made based on that. of it. The Director went on to say: not having had the opportunity to hear Although specific intelligence information the briefing—to vote to open up Penn- I am one who believes, after you cannot be discussed in an open forum, it is sylvania Avenue. I think it has been weigh the facts, you err on the side of known that members of certain foreign and important that, in the years that I safety. So I believe the right vote here domestic terrorist groups operate within the have been here and when we have had today is to table the amendment of the United States. Those terrorist and extremist Senator from Minnesota and let us groups have demonstrated a propensity for to make hard decisions, we err on the side of safety. I do not want any of have an opportunity, if there is a need mounting their attacks to coincide with for it, to have more scrutiny, more symbolic dates or at symbolic targets. The those living or working in the White White House is one of the most symbolic tar- House to be exposed. input, and do the right thing. gets in the United States. There is every rea- There are a lot of things the Secret I was there yesterday afternoon, son to believe that given the opportunity, Service has told us that cannot be pub- along with leadership from both sides. these groups will strike. This matter does lic. The Senator from Minnesota knows I did not see anybody protesting. I not only concern the protection of the Presi- that. He will not reveal that because he did not see anybody walking up and dent and other government officials and a cannot. One of the reasons that Penn- down Pennsylvania Avenue with signs national landmark—it is a tremendous pub- saying, ‘‘Open this street.’’ I saw peo- lic safety issue with respect to individuals in sylvania Avenue was closed was be- and around the complex. Devices similar to cause of that unavailable information. ple enjoying it, walking back and forth those used at the World Trade Center and in If you want to take the blood on your across the street, looking at the White Oklahoma City can cause destruction as hands and say, ‘‘We want to open up House, not being interfered with at all, much as five blocks away from the target. that 800 feet of pavement up there,’’ did not have to worry about the traffic, The fact of the matter is—the people who and something occurs after that, then were enjoying the park. I thought it would undertake that type of act are present you are not going to do it with my was a right congenial group. There was in this country. The means and ability to vote. I want the safety of the First no one there protesting the closing of carry out this type of act are available. The Pennsylvania Avenue, and they were only thing that is preventing the terrorist or Family. I want the lives of those people extremist from mounting an attack is the who work there day and night to be as there from all across this great land of lack of access. If you open Pennsylvania Av- safe as possible. ours and foreign countries. enue—they can, and at some point, they will I do not understand what is going on So, Mr. President, I encourage my destroy the White House. here. I really do not understand it. Oh, colleagues to table this amendment. If we have people around the country I can go back in history. I can quote The PRESIDING OFFICER. The time who are burning churches, do you Henry Clay. I can do lots of things. But of 2:30 p.m. having arrived, by previous think there is not someone going to try today is today, not history. Today we agreement, the motion to table the to blow up the White House? They have have the problems. Today we have ter- Grams amendment is subject to a vote. already tried to blow up the White rorists operating in this country. They The yeas and nays have been ordered. June 19, 1996 CONGRESSIONAL RECORD — SENATE S6447 The question is on agreeing to the mo- It seems to me if we are not willing est symbol would be the Capitol com- tion to lay on the table the Grams to adopt this amendment, then this plex here. For terrorists, vengeance is amendment. Those in favor of tabling body will go on record saying that a motive, and the White House is a the Grams amendment will vote ‘‘aye; there should be vehicular traffic on symbolic target. those opposed will vote ‘‘no.’’ The clerk Pennsylvania Avenue in front of the The means are available to attack will call the roll. White House, whether the people who the White House if the avenue remains The legislative clerk called the roll. live and work there are safe or not. I do open. It does not have to be a sophisti- Mr. NICKLES. I announce that the not think we should go on record stat- cated apparatus. An abundance of ex- Senator from New York [Mr. D’AMATO] ing that. plosive materials is available to the is necessarily absent. As I indicated, Mr. President, the public with an ease of delivery and de- Mr. FORD. I announce that the Sen- record is clear that the Secret Service struction of a target. You need a vehi- ator from Arkansas [Mr. BUMPERS] is is very concerned about opening this cle to do it. In fact, the World Trade necessarily absent. avenue in front of the White House. Center conspirators were convicted of The PRESIDING OFFICER. Are there The Secret Service has said closing the conspiracy to blow up symbolic tar- any other Senators in the Chamber de- avenue was not a unilateral Secret gets. Not only the World Trade Center, siring to vote? Service decision, but rather was the which they blew up, but the Holland The result was announced—yeas 39, recommendation of the Advisory Com- Tunnel and the FBI office in New York. nays 59, as follows: mittee to the White House Security To illustrate the effect of an incident [Rollcall Vote No. 161 Leg.] Review, a nonpartisan distinguished to the American people, 33 years after YEAS—39 panel of experts. This committee in- President Kennedy was assassinated, Akaka Feinstein Levin cluded former directors of both the FBI this country continues to deal with the Baucus Ford Lieberman and the CIA, former chairmen of the ramifications from that incident. It is Biden Glenn Moseley-Braun Joint Chiefs of Staff, and others. The impossible to have a public debate on Bingaman Gorton Murray Boxer Harkin Pell proposal to close the avenue was made the issues prior to the closure of the Byrd Heflin Pryor before the Oklahoma City bombing. avenue. This would have created a win- Cochran Hollings Reid The panel had concluded, prior to Okla- dow of opportunity. Therefore, the in- Cohen Hutchison Rockefeller Conrad Inouye Sarbanes homa City, that closing of the avenue formation was held to a small group of Daschle Kassebaum Simon was, indeed, justified. people. In fact, since closure of Penn- DeWine Kennedy Warner Historically, people focus on security sylvania Avenue, more information is Exon Kohl Wellstone features after significant events. For available than the Secret Service Feingold Lautenberg Wyden example, ValuJet Airlines. Now we would like with respect to the vulner- NAYS—59 hear a lot about oxygen canisters in ability of the White House. Abraham Graham McConnell cargo holds. It is better we do some- In recent years, other official resi- Ashcroft Gramm Mikulski thing before. That is, in effect, what we dences of heads of State have closed off Bennett Grams Moynihan Bond Grassley Murkowski did at the White House. The Treasury vehicular traffic in proximity to their Bradley Gregg Nickles Department said, as previously stated facilities. We know that canines re- Breaux Hatch Nunn on the record here, that there are ter- main the best source of explosive de- Brown Hatfield Pressler Bryan Helms Robb rorists who simply are waiting around tection. We are not talking about a Burns Inhofe Roth for an opportunity to blow up the sym- perceived threat, Mr. President. The Campbell Jeffords Santorum bol of the American people. threat is a real threat. I repeat again, Chafee Johnston Shelby Mr. President, during the last vote, the Secretary of the Treasury said Coats Kempthorne Simpson Coverdell Kerrey Smith some people told me, ‘‘Well, people can within the last hour and a half that it Craig Kerry Snowe walk in and blow up the White House.’’ is imperative that area remain blocked Dodd Kyl Specter Not true. We are told that you need the off. Domenici Leahy Stevens trunk of a car to put the explosives in. There are terrorists here in this Dorgan Lott Thomas Faircloth Lugar Thompson You cannot put enough explosives on a country, and it is everyone’s respon- Frahm Mack Thurmond bicycle or on the back of a skateboard sibility to limit the opportunity for Frist McCain or whatever gets in there now. You them to carry out their evil acts. The NOT VOTING—2 need a vehicle. You need access to a closing of Pennsylvania Avenue con- Bumpers D’Amato large area to blow up the White House. tains a real public safety issue. If you The motion to lay on the table the But if you did have the trunk full of ex- provide access to the target, then you amendment (No. 4052) was rejected. plosives, and they simply pulled up in are endangering the public and both The PRESIDING OFFICER. The front on Pennsylvania Avenue, you those who work in and around the Grams amendment is still the pending would damage and destroy the White White House. business before the Senate. House. Mr. President, I do not think we What this amendment does is ask the should consider this giving in to terror- AMENDMENT NO. 4056 TO AMENDMENT NO. 4052 Secret Service to certify that the plan ists because we blocked off Pennsylva- Mr. REID. Mr. President, I send an protects the security of the people who nia Avenue. amendment to the desk. live in and work in the White House. I do not think we should consider it The PRESIDING OFFICER. The That does not seem like that is too a victory for terrorists because we have clerk will report. outlandish. There have been many al- closed off Pennsylvania Avenue. Roll- The legislative clerk read as follows: ternatives considered and suggested, ing up the White House would be a vic- The Senator from Nevada [Mr. REID], pro- but the options have simply been tory for the terrorists, not limiting poses an amendment numbered 4056 to amendment 4052. deemed unworkable. The panel re- their access to it. If this is perceived as At the end of the amendment add the fol- quired full explanation of all possible giving in to terrorism, then what about lowing: ‘‘Provided, That the Secretary of the alternatives and why these would not people at night when they lock their Treasury and the Secret Service certify that work before concurring to close the av- doors before they go to sleep? Are they the plan protects the security of the people enue. Closing the avenue was some- giving into the unlawful elements of who live and work in the White House.’’ thing that was done as a last resort. In our society? When you leave your home Mr. REID. Mr. President, this amend- addition, physical barriers such as to go shopping or go to work and you ment to the sense-of-the-Senate resolu- walls and berms were not viable for a lock your door, are you giving in to the tion now pending would state simply number of obvious reasons. unlawful elements of your community? that prior to opening the street to ve- Mr. President, in the last 4 years, I think, Mr. President, that we hicular traffic, the Secretary of the studies have revealed that 45 percent of should not allow the sense-of-the-Sen- Treasury and the Secret Service would terrorist incidents have included the ate resolution to be adopted, unless we certify that the plan protects the secu- use of explosives. What greater symbol put this simple amendment on it, say- rity of the people who live and work in is there in the United States than the ing let us at least have the Secret the White House. White House? I guess the second great- Service certify that it is safe, whatever S6448 CONGRESSIONAL RECORD — SENATE June 19, 1996 plan we come up with, whether it is ve- Constitution—the separation of powers to that whole park complex, do every- hicular traffic or otherwise. in a unified Government. thing that is desired, without putting Mr. GLENN addressed the Chair. Pennsylvania Avenue, in that origi- up what look like emergency barriers. The PRESIDING OFFICER. The Sen- nal plan, comes to the Capitol Grounds, That is not the message we want to ator from Ohio. stops at the west end, and then re- send to ourselves and to the world. We Mr. GLENN. Mr. President, I want to sumes at the east end. That is the can also do what is necessary for secu- back the statement of the Senator present arrangement on Capitol Hill. rity at the White House without de- from Nevada. There has been no com- The identical arrangement was to be claring us to be a nation under siege. mittee hearing on this. This bill is found at the west end of the avenue. We are not, and we should not say so. pending before the Governmental Af- The avenue moved up to the Presi- We are the most powerful nation on fairs Committee. We have not had the dential grounds, then stopped and re- Earth. With equanimity and care we hearing, we have not had the Secret sumed further west. That was before can take care of these difficulties. I Service people up, and we have not had the Treasury Building was built, and hope we do. testimony on what the danger is. Much before any roads were built. The city, Mr. REID. Will the Senator yield? of it, as I understand it, is classified. at that point, was still very much a Mr. MOYNIHAN. I yield the floor. Mr. REID. Before the Senator leaves So we can have closed hearings, and ev- marshland, with this magnificent plan the floor, Mr. President, through you erybody would know then what we are still to be realized. doing. I have been working for 35 years on to the distinguished Senator from New York, I want the RECORD to be spread If we want to be this cavalier about the redevelopment of Pennsylvania Av- with the fact that because of his dili- how we are treating people at the enue, from the time President Ken- gent work—I do not know of anyone White House, let us take all the flower nedy, in his inaugural parade, looked who is more responsible for driving pots out that protect the Capitol here, to his left and to his right, south and down Pennsylvania Avenue today and which prevent vehicular traffic here; north, at the avenue and found it was seeing beautiful buildings and struc- let us take them out. I was amazed to being abandoned. The center of the tures. The Pennsylvania Avenue Devel- find out that L’Enfant and George city, as the center of many cities, was opment Corporation in itself was a Washington did not somehow think it just falling down. The city was moving work of art. was nice to have a Capitol like this. out Wisconsin Avenue, out Connecticut One of the first things I did upon But George Washington and L’Enfant Avenue. The Federal triangle was un- coming here on the Appropriations did not have to deal with things like finished on the south side, which had Committee was sit in on occasion for the Oklahoma bombing, the begun under Andrew Mellon and Presi- the distinguished senior Senator from Unabomber, and everything else. dent Hoover, following the McMillan West Virginia and conduct those hear- We have not had the first hearing on plan of 1900, which gave us Union Sta- ings on the Pennsylvania Avenue De- this, and here we are voting to take tion. It got the railroads off The Mall, velopment Corporation and listen to this off from in front of the White for example. To the north, the Avenue the enthusiasm of the people on that House after danger has been assessed, was all but abandoned—two- and three- corporation and what they were going and it is done by a bipartisan group— story buildings were empty, except for to do. Now you drive down the street, Coleman and Webster were both on the occasional storefront selling fire- and it has been done. that. We are so cavalier about the crackers. I further want the RECORD to be White House, why do we not include President Kennedy proposed redevel- spread with the fact that I serve on the this and have a second-degree amend- opment of the avenue. A commission Public Works Committee with the dis- ment and take off all the protection all was established. Nathaniel Owings was tinguished senior Senator from New over the Nation’s Capital, including at Chairman. Presidents Johnson, Nixon, York. I can remember when we legis- the Capitol right here—if we are so Ford, Carter, Reagan, Bush, and now lated a building on that ugly Federal brave about this. Let people pull their President Clinton, have worked on it triangle, a blank piece of dirt that was vans up beside the Russell Building, with great care. We are just about com- there. Now you drive by there and you which is blocked off, and behind the pleted. The Ronald Reagan Building, see the thriving work that is there and Hart Building, where my office happens now three-quarters completed, will fin- that building which will add to the to be. ish the Federal triangle. That site, sir, beauty of our Nation’s Capital. We have very good reasons for think- was cleared in 1928. So you cannot say So I appreciate the Senator and what ing some of these protections are nec- we have been in any great rush to do the Senator from New York said. But I essary and so does the White House. I this. And now just as we finish the also want to make sure to say some think this vote was ridiculous. If we route to the White House, we have this things that the Senator could not say are going to take it off at the White security problem. for himself. But for him, we may still House, take it off here and let us face I say to my friend from Nevada that be where we were when President Ken- the same danger together. Otherwise, President Clinton did a fine thing in es- nedy had his inaugural parade. It is a let us agree with the people that have tablishing a committee headed by beautiful parkway. I also will read something that I made this assessment, who were on Roger Kennedy, who is the Director of think the Senator from New York this review committee, and say, yes, the Park Service, an architectural his- would agree with. This is from a tour we need to assess this very carefully. torian of great talent. His works are magazine which people get when they We are about to do, with legislation, incomparably intelligent. Orders From come to the Nation’s Capital. L’Enfant here what we should not be doing un- France, is but one example. The committee has come up with a had hoped that the grass ‘‘* * * would less we have a very thorough hearing serve as an extension of the White plan, which would extend the park and understanding of the White House House grounds.’’ personnel. northward in the manner envisioned by So the original vision of L’Enfant Mr. MOYNIHAN addressed the Chair. L’Enfant. But it need not be a barrier was to have that whole area as an addi- The PRESIDING OFFICER. The Sen- to the movement of people and vehicles tional containment of the White House. ator from New York. along the avenue. An underpass could Jefferson decided that was not the Mr. MOYNIHAN. Mr. President, I rise be completed that would serve this pur- thing to do at the time. in support of the measure of the Sen- pose. It is just so important that we But I just want to make sure that the ator from Nevada. I would like to put not define ourselves as a beleaguered, Senator from New York knows and ap- it in a certain context. The first thing besieged nation. Suggestion has been preciates that the people will know, to know, if we are talking about our made by the ranking member of the when the history books are written, original plans, is that the L’Enfant Governmental Affairs Committee, the about the work which he has done to plan connects what was termed the distinguished Senator from Ohio, that make this city beautiful as the Na- ‘‘Congress’ House’’ with the ‘‘Presi- we get rid of the pots and barriers tion’s Capital. dent’s House,’’ at either end of Penn- around the Capitol. Fine. We could ex- Mr. MOYNIHAN. Mr. President, I am sylvania Avenue. It is the center of the tend the Capitol park down the western very grateful to the Senator from Ne- plan. It is in a sense a diagram of the side of the Russell Office Building, add vada. June 19, 1996 CONGRESSIONAL RECORD — SENATE S6449 Might I close with just one line? In Mr. LAUTENBERG addressed the familiar with the traffic patterns and President Kennedy’s proposal for the Chair. the inconvenience to those who have to redevelopment of Pennsylvania Ave- The PRESIDING OFFICER. The Sen- traffic the area every day. I am very nue, which we are talking about, he ator from New Jersey. conscious of the symbolism of our Na- said the avenue ‘‘should be lively, Mr. LAUTENBERG. Mr. President, I tion’s Capital, and particularly the friendly, and inviting, as well as dig- am willing to lend my encouragement President’s house. nified and impressive.’’ to end this debate. But I do not want to I have discussed with the chief spon- I think we can achieve that in the close it without a brief statement. I sor of the amendment the changing of immediate environs of the White have an amendment that I was about one word that I think might make our House. It is just the next challenge. to send to the desk that said, if we intention even clearer. That would be Let us go forward and do it in good think that we can expose the White to substitute the word ‘‘request’’ for spirit and unity. House with the infrastructure and the the word ‘‘direct’’ which is contained I thank again the Senator from Ne- President of the United States and the on page 3, line 18. It would then read vada. people who work in the facility to pass- that it is the sense of the Senate that Mr. NUNN. Mr. President, it is my ersby, then I think we should do the the President should request the De- understanding that the Senator from same thing out here on the Capitol partment of the Treasury and the Se- Nevada has a second-degree amend- Grounds. I think we ought to say that cret Service to work with the govern- ment now pending. Is that correct? no life here is worth more than a life ment of the District of Columbia to de- Mr. REID. Yes. I received word, I say there and nothing that goes on here is velop, et cetera. to my friend, the ranking member, more important than what goes on in I think there have been connotations from one of the managers of this bill. I the White House in the executive of- that this is attempting to microman- understand from what the note said fices of this country. I am willing to age, or to take action that would be in- that they will accept the amendment. forgo it. But, Mr. President, I want to Mr. NUNN. I believe we are willing to appropriate. I fully respect those who make the point, before we close the de- accept the amendment on both sides have spoken and those who have con- who favor the original amendment. So bate as far as this Senator is con- cerns. It ought to be considered appro- I would suggest that the Senator might cerned, that ‘‘do unto others’’ is not an priately by the committees of jurisdic- call the question on this amendment, admonition that ought to pass by here. tion. But we need to have a resolution and we can move on. I think we ought to treat this facility of this question. I hope on Senator BINGAMAN’s amend- no differently than we treat the White I applaud the Senator from Min- ment on ASAT, we can get a time House. nesota for bringing the question to our agreement, if that is satisfactory to If we are going to open up that attention. the Senator from South Carolina. Then street, I assure you that I will be here I move, Mr. President, to strike the it is my understanding that Senator with an amendment that says open up word ‘‘direct’’ and insert the word ‘‘re- MURRAY has an amendment on abor- the whole plaza here. Let of the traffic quest’’ on line 18, page 3. tion in overseas hospitals. If we can get come through. Let them park cars, The PRESIDING OFFICER. Is there a time agreement on both of those, I vans, whatever they choose. Let them objection to modifying the amend- believe we can move both of those park at the Hart, Dirksen and the Rus- ment? along in the next couple of hours. I sell Buildings. I love this picture that Mrs. BOXER. Mr. President, reserv- would like Senator BINGAMAN to be no- says for the American people we are ing the right to object, and I shall not tified that we are prepared to take up going to protect the Capitol, protect object. his amendment on ASAT and also the Senators, and protect the Congress- The PRESIDING OFFICER. The Sen- enter into a time agreement that is men, but the President, let him be- ator from California. satisfactory to him. ware. Mrs. BOXER. I shall not object. I Mr. ROBB addressed the Chair. That is the conclusion of my re- would like to make an observation. I The PRESIDING OFFICER (Mr. marks. Mr. President, I congratulate would like to wait until other Senators KEMPTHORNE). The Senator from Vir- the Senator from Nevada for his have spoken. ginia. amendment to this proposition. Thank What is the parliamentary situation Mr. ROBB. Mr. President, as the Sen- you. at the moment? ator from Georgia just indicated, those The PRESIDING OFFICER. The The PRESIDING OFFICER. A unani- of us who are cosponsoring the amend- question is on the second-degree mous-consent request is pending to ment are entirely prepared to accept amendment of the Senator from Ne- modify the existing amendment. the language proposed by the distin- vada. Mrs. BOXER. Let me just make a guished Senator from Nevada. Indeed, The amendment (No. 4056) was agreed very brief remark reserving my right the language is entirely consistent to. to object, if I might, which is this: I am with the intent of the sponsors of this Mr. REID. Mr. President, I move to going to support this amendment. I am particular amendment. At the conclu- reconsider the vote by which the glad there is agreement. But I really sion of the consideration of this amendment was agreed to. wonder sometimes where I am around amendment, I am going to propose a Mr. ROBB. I move to lay that motion here, if this is the city council or if motion to change one word in the on the table. this is the Senate of the United States amendment, and then I hope we will be The motion to lay on the table was of America. able to take up the matter on final pas- agreed to. I think it is very important that we sage. But the language that the Sen- Mr. ROBB addressed the Chair. address the issue of security for the ator from Nevada has suggested is not The PRESIDING OFFICER. The Sen- President. We are in this amendment. only consistent but entirely appro- ator from Virginia. And that we look at how we can make priate. I fully support it. I believe the AMENDMENT NO. 4052, AS AMENDED, AS MODIFIED Pennsylvania Avenue work. But I have distinguished Senator from Minnesota Mr. ROBB. Mr. President, the amend- to say, Mr. President, and the reason I shares that same opinion. ment was never designed to be partisan reserve my right to object, it is awfully Mr. REID. Mr. President, I urge adop- nor to attack, certainly, the President. frustrating to someone who would like tion of the amendment. I would never have been a part of it. It to see us raise the minimum wage and The PRESIDING OFFICER. The Sen- was designed to try to clarify some- to someone who would like to see us ator from Minnesota. thing that has been very troubling to get to the issue of health care that we Mr. GRAMS. Mr. President, I wanted many of the people who are directly in- are on the defense bill and we are talk- to concur with what the Senator from volved, both for symbolic reasons as ing about Pennsylvania Avenue. With Virginia said. Without objection, we well as for practical reasons, in terms all due respect, I would not object at are willing to accept the second-degree of the traffic flow of the Nation’s Cap- this time, but I do hope we can move amendment of the Senator from Ne- ital. I have lived in and around this forward and get on with this bill and vada. We would like to go ahead with a area for 40 of my 57 years, or most of others to make life better for people. voice vote on that. the last 40 of my 57 years. I am quite I yield the floor. S6450 CONGRESSIONAL RECORD — SENATE June 19, 1996 The PRESIDING OFFICER. Without AMENDMENT NO. 4057 from the friction that once characterized the objection, the modification is made. (Purpose: To express the sense of the Senate semiconductor industry. The amendment, as amended, as that the United States-Japan Semiconduc- (8) Because of structural barriers in Japan, a gap still remains between the share of the modified, is as follows: tor Trade Agreement should be renegoti- ated) world market for semiconductor products At the appropriate place in the bill, insert outside Japan that the United States and the following: Mr. CRAIG addressed the Chair. other foreign semiconductor sources are able SEC. . SENSE OF THE SENATE. The PRESIDING OFFICER. The Sen- to capture through competitiveness and the (a) FINDINGS.—The Senate makes the fol- ator from Idaho is recognized. share of the Japanese semiconductor market lowing findings: Mr. CRAIG. Mr. President, I ask that the United States and those other (1) In 1791, President George Washington unanimous consent that the Kyl sources are able to capture through competi- commissioned Pierre Charles L’Enfant to amendment and the pending commit- tiveness, and that gap is consistent across draft a blueprint for America’s new capital tee amendments be laid aside for the the full range of semiconductor products as city; they envisioned Pennsylvania Avenue purpose of offering an amendment. well as a full range of end-use applications. as a bold, ceremonial boulevard physically (9) The competitiveness and health of the linking the U.S. Capitol building and the The PRESIDING OFFICER. Is there United States semiconductor industry is of White House, and symbolically the Legisla- objection? The Chair hears none, and it critical importance to the overall economic tive and Executive branches of government. is so ordered. well-being and high technology defense capa- (2) An integral element of the District of Mr. CRAIG. Mr. President, I send an bilities of the United States. Columbia, Pennsylvania Avenue stood for 195 amendment to the desk. (10) The economic interests of both the years as a vital, working, unbroken roadway, The PRESIDING OFFICER. The United States and Japan are best served by elevating it into a place of national impor- clerk will report. well functioning, open markets, deterrence of dumping, and continuing good cooperative tance as ‘‘America’s Main Street’’. The assistant legislative clerk read (3) 1600 Pennsylvania Avenue, the White relationships in all sectors, including semi- House, has become America’s most recog- as follows: conductors. nized address and a primary destination of The Senator from Idaho [Mr. CRAIG], for (11) A strong and healthy and military and visitors to the Nation’s Capital; ‘‘the Peo- himself, Mr. BINGAMAN, Mr. KEMPTHORNE, political alliance between the United States ple’s House’’ is host to 5,000 tourists daily, Mr. BAUCUS, Mr. BURNS, Mr. DORGAN, Mrs. and Japan requires continuation of the in- and 15,000,000 annually. FEINSTEIN, Mr. HATCH, Mr. LEVIN, Ms. dustrial and economic cooperation promoted (4) As home to the President, and given its SNOWE, Mr. MURKOWSKI, Mrs. BOXER, and Mr. by the United States-Japan Semiconductor prominent location on Pennsylvania Avenue COHEN, proposes an amendment numbered Trade Agreement. and its proximity to the People, the White 4057. (12) President Clinton has called on the House has become a powerful symbol of free- Government of Japan to agree to a continu- Mr. CRAIG. Mr. President, I ask ation of a United States-Japan Semiconduc- dom, openness, and an individual’s access to unanimous consent that reading of the tor Trade Agreement beyond the current their government. amendment be dispensed with. (5) On May 20, 1995, citing possible security agreement’s expiration on July 31, 1996. The PRESIDING OFFICER. Without (13) The Government of Japan has opposed risks from vehicles transporting terrorist any continuation of a government-to-govern- bombs, President Clinton ordered the Secret objection, it is so ordered. ment agreement to promote cooperation in Service, in conjunction with the Department The amendment is as follows: United States-Japan semiconductor trade. At the end of subtitle F of title X, add the of the Treasury, to close Pennsylvania Ave- (b) SENSE OF SENATE.—It is the sense of the nue to vehicular traffic for two blocks in following: Senate that— front of the White House. SEC. . SENSE OF SENATE REGARDING THE UNIT- (1) it is regrettable that the Government of (6) While the security of the President and ED STATES-JAPAN SEMICONDUCTOR Japan has refused to consider continuation visitors to the White House is of grave con- TRADE AGREEMENT. of a government-to-government agreement cern and is not to be taken lightly, the need (a) FINDINGS.—The Senate makes the fol- to ensure that cooperation continues in the to assure the President’s safety must be bal- lowing findings: semiconductor sector beyond the expiration anced with the expectation of freedom inher- (1) The United States and Japan share a of the Semiconductor Trade Agreement on ent in a democracy; the present situation is long and important bilateral relationship July 31, 1996; and tilted too heavily toward security at free- which serves as an anchor of peace and sta- (2) the President should take all necessary dom’s expense. bility in the Asia Pacific region, an alliance and appropriate actions to ensure the con- (7) By impeding access and imposing undue which was reaffirmed at the recent summit tinuation of a government-to-government hardships upon tourists, residents of the Dis- meeting between President Clinton and United States-Japan Semiconductor Trade trict, commuters, and local business owners Prime Minister Hashimoto in Tokyo. Agreement before the current agreement ex- and their customers, the closure of Penn- (2) The Japanese economy has experienced pires on that date. sylvania Avenue, undertaken without the difficulty over the past few years, dem- (c) DEFINITION.—As used in this section, counsel of the government of the District of onstrating that it is no longer possible for the term ‘‘United States-Japan Semiconduc- Columbia, has replaced the former openness Japan, the world’s second largest economy, tor Trade Agreement’’ refers to the agree- of the area surrounding the White House to use exports as the sole engine of economic ment between the United States and Japan with barricades, additional security check- growth, but that the Government of Japan concerning trade in semiconductor products, points, and an atmosphere of fear and dis- must promote deregulation of its domestic with arrangement, done by exchange of let- trust. economy in order to increase economic ters at Washington on June 11, 1991. (8) In the year following the closure of growth. Mr. CRAIG. Mr. President, I will Pennsylvania Avenue, the taxpayers have (3) Deregulation of the Japanese economy keep my remarks brief because it is my requires government attention to the re- borne a significant burden for additional se- understanding that the amendment I curity measures along the Avenue near the moval of barriers to imports of manufac- White House. tured goods. have just sent to the desk has, in fact, (b) SENSE OF THE SENATE.—It is the sense (4) The United States-Japan Semiconduc- been cleared by both sides. of the Senate that the President should re- tor Trade Agreement has begun the process Mr. President, as we surf the Net, quest the Department of the Treasury and of deregulation in the semiconductor sector drive our car to work, or complete a the Secret Service to work with the Govern- and is opening the Japanese market to com- training mission in our F–16 fighter, we ment of the District of Columbia to develop petitive foreign products. do not ask ‘‘How is this possible?’’ We a plan for the permanent reopening to vehic- (5) The United States-Japan Semiconduc- simply go about the task at hand. ular traffic of Pennsylvania Avenue in front tor Trade Agreement has put in place both However, there is a common thread government-to-government and industry-to- of the White House in order to restore the that drives technology in our lives, the Avenue to its original state and return it to industry mechanisms which have played a the people. vital role in allowing cooperation to replace everpresent semiconductor. Semi- At the end of the amendment add the fol- conflict in this important high technology conductors are an increasingly perva- lowing: Provided, That the Secretary of the sector. sive aspect of everyday life, enabling Treasury and the Secret Service certify that (6) The mechanisms include joint calcula- the creation of the information super- the plan protects the security of the people tion of foreign market share, deterrence of highway and the functioning of every- who live and work in the White House. dumping, and promotion of industrial co- thing from automobiles to advanced The PRESIDING OFFICER. The operation in the design of foreign semi- medical equipment. question now is on agreeing to the conductor devices. Semiconductors are also the linchpin (7) Because of these actions under the amendment of the Senator from Min- United States-Japan Semiconductor Trade of our national defense capabilities. nesota and the Senator from Virginia. Agreement, the United States and Japan For example, the current design of the The amendment (No. 4052), as amend- today enjoy trade in semiconductors which F–16 fighter includes 17,000 electronics ed, as modified, was agreed to. is mutually beneficial, harmonious, and free components. June 19, 1996 CONGRESSIONAL RECORD — SENATE S6451 Mr. President, that is why I am offer- trade issues currently being addressed counted for only 18 percent of sales in ing an amendment today, with Senator between the United States and Japan, the Japanese market that same year. BINGAMAN and 11 of our colleagues, it would not be in our interest for an- The significant disparity between that express the sense of the Senate other area of contention in trade to de- United States sales outside Japan and that the United States-Japan Semi- velop. sales inside Japan indicates that sales conductor Trade Agreement should be There is some evidence that the in that country are not always made renegotiated. worldwide semiconductor industry may solely on the basis of market forces The United States-Japan Semi- now be entering into a period when such as technology, price, quality, conductor Trade Agreement is due to supply will exceed demand. Renewal of service, and delivery. expire in July of this year. This trade the United States-Japan Semiconduc- It is important to note that the dis- agreement has a successful track tor Agreement has become even more parity is not explained by the argu- record in opening Japanese markets important because of the recent drop in ment that the United States industry and discouraging the dumping of semi- DRAM memory semiconductors. does better in the United States and conductor products by Japanese com- Prices, which have fallen by over 70 the Japanese industry does better in panies in the United States. percent since the beginning of the year, Japan. Mr. President, the United States and are now at levels which are below A comparison of the 40-percent share Japan have had a long history of dif- many producers’ costs. United States firms earn in world mar- ficulty in this area of trade relations. This kind of dumping has thrown the kets outside both the United States In 1986, when the first United States- market into uncertainty and has in- and Japan with the 18-percent share Japan Semiconductor Agreement was jured U.S. producers. This type of in- United States firms have in Japan signed, foreign share in the Japanese jury and uncertainty is what the agree- demonstrates that a significant gap re- semiconductor market averaged only ment is designed to address, and has mains. But there is only a small dif- 8.4 percent annually. In the mid–1980’s, done so successfully for years. ference between the 23-percent share the International Trade Commission If current trends continue, the Unit- Japanese firms have in the United determined that Japanese companies ed States-Japan agreement becomes States market and the 27-percent share had dumped DRAM’s, a commodity even more vital to our national inter- they have in world markets outside memory chip, into the United States est, since the protection it provides is both the United States and Japan. market in an attempt to gain market doubly necessary to discourage dump- KEY POINTS FOR A RENEWED AGREEMENT share through predatory pricing. As a ing in a period of oversupply. Mr. President, as I already men- result, 9 of 11 American DRAM manu- American semiconductor manufac- tioned, the current semiconductor facturers were driven out of the mar- turers are among the most efficient in agreement expires July 31, 1996. It is ket. the world, but they cannot be expected essential that a new government-to- The United States-Japan Semi- to compete against unfair trade prac- government agreement be negotiated conductor Trade Agreement has made tices. with Japan before that time. significant progress in countering More important, it is vital to our de- The Japanese electronic industry has these unfair trade practices. The agree- fense interests, because we cannot af- proposed an industry-to-industry ment has opened the Japanese semi- ford to lose this important industry as agreement with no government in- conductor market to foreign producers, a result of predatory dumping, similar volvement as a replacement for the with foreign market share growing to to what existed prior to the agreement. current agreement. An industry-level 25 percent in 1995. In his speech at the Semiconductor agreement is completely unacceptable. The agreement has also discouraged Industry Association’s annual awards It would not ensure continued progress dumping practices by requiring Japa- dinner, Secretary of Defense William in increasing foreign market access in nese firms to have appropriate data re- Perry noted the importance of this in- Japan, nor would it provide the nec- garding costs available on a standby dustry in meeting our defense and se- essary guarantee against Japanese basis. This allows the Department of curity needs. dumping in our market. Commerce to conduct a fast track in- In short, the competitiveness and Important features of a new govern- vestigation, so that there is a swift im- health of the U.S. semiconductor in- ment-to-government semiconductor position of a remedy if dumping is dustry is of critical importance to the agreement are: found, or ends the possibility of litiga- overall economic well-being and high It should provide for joint United tion if there is no evidence of dumping. technology defense capabilities of the States-Japanese Government calcula- Mr. President, the agreement has United States. tion and publication of foreign market been very effective in easing the prob- THE CASE FOR RENEWAL OF THE AGREEMENT share in Japan; lems associated with this area of Unit- The purpose of both the 1986 and the And, it should provide for regular ed States-Japan trade relations. 1991 United States-Japan Semiconduc- government-to-government consulta- Earlier this week, the United States tor Agreements is to allow foreign tions to assess progress in increasing Trade Representative’s office an- manufacturers equitable access to the foreign market access. These provi- nounced that the foreign share of Ja- Japanese semiconductor market, and sions regarding the governments’ over- pan’s semiconductor market increased to discourage Japanese dumping in the sight roles are critical to ensuring con- during the first quarter of 1996 to a United States market. In short, the tinued progress. record high of 30.6 percent. goal of the agreement is to open the Market access in Japan is critical for Acting USTR Charlene Barshefsky Japanese market to the point where the continued growth and strength of responded in a written statement, that sales generally occur without respect the United States semiconductor in- this improvement ‘‘demonstrates the to the nationality of the supplier. dustry. In 1995, the Japanese semi- progress that can be achieved when the U.S. semiconductor manufacturers conductor market was $39.6 billion. It United States and Japan work together are extremely competitive in all open is expected to grow to $57.1 billion by in a cooperative spirit and is a tribute markets across a wide range of applica- 1999. Every percentage point increase to strenuous efforts that both sides tions and a wide range of products. in United States market access in have made to improve market access However, there remains a sharp dispar- Japan is therefore worth hundreds of and strengthen industry cooperation ity, between the market share United millions of dollars in increased United under the United States-Japan Semi- States manufacturers account for out- States exports, thousands of additional conductor Agreement. It is essential side the United States and Japan, and jobs in the United States, and a strong- that we preserve and continue this ef- the share they account for inside er domestic industry to meet our grow- fort.’’ Japan. ing national security and defense Mr. President, this, and other recent In the world market, excluding the needs. developments are positive news. How- United States and Japan, American STATUS OF NEGOTIATIONS ever, they provide added incentive to manufacturers accounted for 40 percent Mr. President, bilateral talks are ex- ensure that this important trade agree- of all semiconductor sales in 1995. Unit- pected to begin this week. There is rea- ment be renewed. Given the range of ed States semiconductor makers ac- son to be cautiously optimistic about S6452 CONGRESSIONAL RECORD — SENATE June 19, 1996 this development; however, it is imper- Renewal of the United States-Japan semiconductor agreement has led to ative that the Japanese Government be Semiconductor Agreement has become tremendous progress in opening the prepared to discuss in good faith the even more important because of the re- Japanese market. Foreign share in- role that government must continue to cent dramatic price declines for mem- creased from 8.5 percent in 1985 to 25.4 play in deregulating the Japanese ory chips. Average sales prices have percent in 1995. Of this 25.4 percent for- semiconductor market and continuing fallen by over 70 percent in recent eign share, the U.S. industry has 18 the process of opening that market. months. These prices are so low, in percent market share. Mr. President, the deadline for the fact, that the specter of significant in- It is quite apparent that U.S. semi- expiration of the United States-Japa- jurious dumping is again a reality. conductor manufacturers are ex- nese Semiconductor Agreement is fast Dumping throws markets into a panic. tremely competitive in all open mar- approaching. No new progress toward This type of uncertainty and disrup- kets across a wide range of applica- renegotiation of this important trade tion must not take place again. I urge tions and a wide range of products. agreement has been made. Meetings the President to use all the means at There remains a sharp disparity, how- have now occurred, which is certainly a his disposal to conclude a renewed ever, between the share United States step in the right direction. However, agreement before the current one ex- manufacturers account for in the neu- Japanese and American officials just pires on July 31. tral world markets outside the United ended 12 days of unofficial semiconduc- Mr. KEMPTHORNE. Mr. President, I States and Japan and the share they tor trade talks yesterday in Tokyo rise today in support of an amendment account for inside Japan. In the world that yielded little progress. The next to express the sense of the Senate that market, excluding the United States step will be a sub-Cabinet-level meet- the United States-Japan Semiconduc- and Japan, American manufacturers ing held here in Washington tomorrow tor Trade Agreement be renegotiated. accounted for 40 percent of all semi- and Friday between MITI Vice Minister The current semiconductor agreement conductor sales in 1995. United States of International Affairs Yashihiro expires July 31, and it is essential that semiconductor makers accounted for Sakamoto and Ira Shapiro, Ambas- a new government-to-government only 18 percent of sales in the Japanese sador in Charge of Japan and Canada at agreement be negotiated with Japan market that same year. This huge dif- the Office of the United States Trade prior to the expiration date. ference in United States sales outside Representative. The importance of semiconductors Japan and sales inside Japan is further Mr. President, these current events should not be underestimated. They evidence that sales in that country are, emphasize the importance of the mes- are an increasingly pervasive aspect of unfortunately, still not always made sage being sent today by the Senate, everyday life, enabling the creation of solely on the basis of market forces and that is that the United States-Jap- the information superhighway and the such as technology, price, quality, anese Semiconductor Agreement functioning of everything from auto- service, and delivery. should be—and, most importantly, mobiles to advanced medical equip- Statements that attempt to rational- must be—renegotiated. Given the range ment. Semiconductors are also the ful- ize the inability of American manufac- of trade issues currently being ad- crum of our national defense capabili- turers to gain adequate access to the dressed between our two nations, it ties. U.S. semiconductor manufactur- Japanese semiconductor market tend would not be in either of our interests ers employ 260,000 people nationwide. to focus on the belief that it is purely for another area of contention in trade Their products are the driving force be- natural that the United States indus- to develop. Therefore, it is essential hind the nearly $400 billion U.S. elec- try does better in the United States that a new government-to-government tronics industry, which provides em- and the Japanese industry does better agreement be negotiated with Japan ployment for 2.5 million Americans. in Japan—this is simply not true. A before the current agreement expires Our semiconductor industry is the comparison of the 40 percent share on July 31. world’s largest and it has habitually United States firms earn in world mar- Mr. President, I have no further com- been the market leader. U.S. sales, last kets outside both the United States ments on this amendment. year, totaled $59 billion, representing and Japan with the 18 percent share Mr. HATCH. Mr. President, I want to almost 41 percent of the $144 billion United States firms have in Japan add my support to the amendment re- global market. demonstrates that significant gap re- garding the United States-Japan Semi- It is anticipated that the world semi- mains. But there is only a small dif- conductor Agreement. conductor market will double by the ference between the 23 percent share The United States-Japan Semi- year 2000, with projected sales of over Japanese firms have in the United conductor Agreement, first concluded $300 billion. Market access in Japan is States market and the 27 percent share in 1986, and renewed in 1991, has led to critical for the continued growth and they have in world markets outside tremendous progress in opening the strength of the United States semi- both the United States and Japan. Japanese market. It has provided the conductor industry. In 1995, the Japa- This week, acting-U.S. Trade Rep- framework for discussing trade issues nese semiconductor market was $39.6 resentative Charlene Barshefshy is in before they became problematic and billion. It is expected to grow to $57.1 Tokyo to hold inform bilateral talks. has been the catalyst for increasing co- billion by 1999. It is well accepted that Although, I am cautiously optimistic operation between United States semi- every percentage point increase in about this development, it is impera- conductor makers and Japanese semi- United States market access in Japan tive that the Government of Japan un- conductor-consuming industries. It has is worth hundreds of millions of dollars derstand and be prepared to discuss in also promoted fair trade in the market- in increased United States exports and good faith the role that government place and, at least until recently, has approximately thousands of additional must continue to play in deregulating helped to avoid situations of injurious jobs in the United States. the Japanese semiconductor market dumping. In 1986, President Reagan vigorously and continuing the process of opening The current agreement expires at the sought and concluded a 5-year agree- that market. The Government of Japan end of July. It must be renewed. More- ment with the Government of Japan to must also resist efforts by its elec- over, both governments must play a grant foreign access to its semiconduc- tronics industry to install an industry- significant role in any renewed agree- tor market. The primary purpose of the to-industry agreement with no govern- ment. Government-to-government in- 1991 United States-Japan semiconduc- ment involvement as a replacement for volvement provides essential support tor agreement, like the 1986 agreement the current agreement. Such an indus- and encouragement to all industry ef- which preceded it, is to allow foreign try-to-industry agreement would not forts, and permits the collection of rel- manufacturers equitable access to the ensure continued progress in increasing evant data regarding the calculation of Japanese semiconductor market. The foreign market access in Japan and is market share. The agreement will not objective of the agreement is to level totally unacceptable. work unless this data can form the the playing field and open the Japanese A government-to-government semi- basis of the accountability in product market to the point where sales gen- conductor agreement will provide for pricing that can avoid antidumping ac- erally occur without respect to the na- joint United States-Japan Government tions. tionality or origin of the supplier. The calculation and publication of foreign June 19, 1996 CONGRESSIONAL RECORD — SENATE S6453 market share in Japan and that it pro- meetings, the Japanese company ex- countries, the extension would rep- vide for regular government-to-govern- ecutives submitted a confidential pro- resent an opportunity to continue the ment consultations to assess progress posal to continue cooperation in semi- current, mutually beneficial relation- in increasing foreign market access. conductors, but refused to discuss the ship and should not to be allowed to These provisions regarding the govern- role of the Government in ensuring the slip by. ments’ oversight roles are critical to agreement. The Clinton administration deserves ensuring continued progress and are to- At the same time, the Japanese Gov- credit for endorsing renewal and rais- tally within the true spirit of competi- ernment insisted it could not discuss ing this issue during bilateral meet- tion. the agreement with the United States ings. However, the Japanese Govern- Mrs. FEINSTEIN. Mr. President, I Government unless and until an indus- ment should understand very clearly rise in support of the Craig-Bingaman try level agreement is reached. This that the desire to extend the agree- amendment, urging the renewal of our rigid insistence appears deliberately ment is shared by Congress as well. I semiconductor agreement. The agree- designed to deadlock discussions until am pleased to support the amendment. ment has reduced trade friction and the current agreement expires in July. Mr. NUNN addressed the Chair. promotes private sector cooperation. It The United States industry—in close The PRESIDING OFFICER. The Sen- is essential that a new government-to- consultation with USTR—has decided ator from Georgia is recognized. government agreement is negotiated that it cannot and will not continue to Mr. NUNN. Mr. President, we favor with Japan before the current agree- meet with Japanese company leaders the Craig amendment on this side, and ment is allowed to expire on July 31. under these circumstances, but will re- I recommend it be accepted. The United States and Japan have a spond to proposals put forth by the Mr. THURMOND. Mr. President, we significant stake in trade harmony in Japanese companies. favor the Craig amendment and rec- this important economic sector. The Mr. President, the purpose of the 1991 ommend it be accepted. current $100 billion world market for agreement, like the 1986 agreement Mr. CRAIG. Mr. President, I urge semiconductors is expected to grow to which preceded it, is to allow foreign adoption of my amendment. $300 billion by the year 2000. The semi- manufacturers equitable access to the The PRESIDING OFFICER. The conductor industry is the basis of our Japanese semiconductor market. The question now occurs on agreeing to the electronics industry and an increas- agreement seeks to open the Japanese Craig amendment. The amendment (No. 4057) was agreed ingly pervasive part of our everyday market to the point where sales gen- to. life. erally occur without respect to the na- Mr. THURMOND. Mr. President, I This agreement, first signed in 1986, tionality of the supplier. move to reconsider the vote. creates a regular framework for busi- The semiconductor agreement has Mr. CRAIG. I move to lay that mo- ness and government leaders to meet been a tremendous success and must be tion on the table. and review trade issues and business continued. Under the agreement, the The motion to lay on the table was trends. This framework has helped foreign share of the Japanese increased agreed to. build smooth, steady growth in the in- from 8.5 percent in 1985 to 25.4 percent Mr. THURMOND addressed the Chair. dustry, defused potential disputes, and in 1995. Of this 25-percent share, the The PRESIDING OFFICER. The Sen- promoted trade harmony, rather than U.S. firms have an 18-percent market ator from South Carolina is recognized. the hostility that has characterized share. Mr. THURMOND. I ask unanimous other trade sectors. The United States semiconductor consent that the time on the Bingaman As a replacement, the Japanese elec- manufacturers, many of them based in amendment be limited to 40 minutes tronics industry proposes an industry- my State of California, make the best equally divided in the usual form, that to-industry agreement with no govern- product in the world and are extremely no amendments be in order, and that ment involvement. This industry competitive in all open markets across following the use or yielding back of agreement is unacceptable. the full range of applications and prod- time, the Senate proceed to vote on or It would take no action to ensure ucts. in relation to the amendment. continued progress to increase foreign However, United States manufactur- The PRESIDING OFFICER. Is there market share in Japan. Without an ers have been less successful in the objection? The Chair hears none, and it agreement, in a market downturn, Japanese market than in the neutral is so ordered. United States producers could be cut world markets outside of the United AMENDMENT NO. 4058 out of segments of the Japanese mar- States and Japan. (Purpose: To strike out provisions that pre- ket. In neutral markets, American manu- determine the outcome of an ongoing De- A strong government oversight role facturers represent 40 percent of all partment of Defense study on space control is fundamental to enforcing the integ- semiconductor sales last year. and to provide a framework for space con- rity of the semiconductor market In Japan, United States semiconduc- trol decisions to be made) under the agreement. The government- tor makers accounted for only 18 per- The PRESIDING OFFICER. The Sen- to-government semiconductor agree- cent of 1995 sales, a gap consistent ator from New Mexico. ment must be renewed in order to pro- across the full range of semiconductor Mr. BINGAMAN. Mr. President, I vide for the gathering and publication products and applications. send an amendment to the desk and of market share data and provide for By contrast, there is only a small dif- ask for its immediate consideration. the regular meetings of industry lead- ference between the 23-percent share The PRESIDING OFFICER. Without ers to review market and industry is- Japanese firms have in the United objection, the pending amendments sues. States market and the 27-percent share will be laid aside. The clerk will report. Market access in Japan is critical for they have in neutral markets. The assistant legislative clerk read the continued growth and strength of The disparity between United States as follows: the United States semiconductor in- sales outside and inside the Japanese The Senator from New Mexico [Mr. BINGA- dustry. The $39 billion Japanese semi- market suggests semiconductor sales MAN] proposes an amendment numbered 4058. conductor market is expected to grow in that country are, unfortunately, Mr. BINGAMAN. Mr. President, I ask to $57.1 billion by 1999. Each percentage still not always made solely on the unanimous consent that reading of the point increase in United States market basis of market forces such as tech- amendment be dispensed with. access in Japan represents hundreds of nology, price, quality, service, and de- The PRESIDING OFFICER. Without millions of dollars in increased sales livery. Current market conditions re- objection, it is so ordered. and United States jobs. quire the continuation of the United The amendment is as follows: Representatives of the United States States-Japan agreement. Beginning on page 32, strike out line 22 and semiconductor industry recently met Mr. President, the United States- all that follows through page 33, line 21, and insert in lieu thereof the following: in Hawaii with their Japanese counter- Japan semiconductor agreement re- SEC. 212. SPACE CONTROL ARCHITECTURE parts to try to reach agreement on fu- duces trade friction and promotes pri- STUDY. ture United States-Japan cooperation vate sector cooperation, rather than (a) REQUIRED CONSIDERATION OF KINETIC on semiconductor issues. During the Government enforcement. For both ENERGY TACTICAL ANTISATELLITE PROGRAM.— S6454 CONGRESSIONAL RECORD — SENATE June 19, 1996 The Department of Defense Space Architect complete its analysis of the ongoing come of an ongoing Pentagon study. shall evaluate the potential cost and effec- space control architecture study and The real reason for this mandatory lan- tiveness of the inclusion of the kinetic en- fund the KE–ASAT, the kinetic energy guage, I am afraid, is that many are ergy tactical antisatellite program of the ASAT, only if the Secretary of Defense concerned that the kinetic energy Department of Defense as a specific element of the space control architecture which the decides that it is a desirable option. ASAT option will prove to be a very Space Architect is developing for the Sec- My amendment was defeated in the poor alternative in this ongoing study. retary of Defense. committee when I offered it by an 11- Most previous studies of antisatellite (b) CONGRESSIONAL NOTIFICATION OF ANY to-10 vote. I hope that we can succeed capabilities have pointed toward di- DETERMINATION OF INAPPROPRIATENESS OF on the floor because we simply should rected energy options as preferable to PROGRAM FOR ARCHITECTURE.—(1) If at any not be imposing a technical solution to the kinetic energy ASAT mandated by point in the development of the space con- a complex problem on the Pentagon be- the bill. For example, the Air Force trol architecture the Space Architect deter- fore they have told us what their space mines that the kinetic energy tactical anti- Science Board, in its ‘‘New World Vis- satellite program is not appropriate for in- control architecture will be. tas’’ study in air and space power for corporation into the space control architec- Mr. President, this is a fairly esoteric the 21st century earlier this year rec- ture under development, the Space Architect subject. There is no doubt that our ommended both ground-based lasers shall immediately notify the congressional military forces deployed overseas will and high-powered microwave systems defense committees of such determination. be made more vulnerable by the pro- over the kinetic energy ASAT systems. (2) Within 60 days after submitting a noti- liferation of foreign military commer- Here is a quote from that ‘‘New World fication of a determination under paragraph cial satellite imaging capabilities in Vistas’’ study. It says: (1), the Space Architect shall submit to the the coming years. I have been among congressional defense committees a detailed Kinetic energy systems . . . are expensive. report setting forth the specific reasons for, several here in Washington and around The vehicles are complex, and tracking and and analytical findings supporting, the de- the country pointing to that threat and guidance must be precise. Most of the cost, termination. urging the administration to develop however, is the result of maintaining readi- (c) REPORT ON APPROVED ARCHITECTURE.— diplomatic and military options to deal ness to launch within an acceptable time. Not later than March 31, 1997, the Secretary with the threat. Mr. President, I am not opposed to of Defense shall submit to the congressional The Pentagon’s own April 1996 report, the Pentagon’s developing antisatellite defense committees a report on the space ‘‘Proliferation Threat and Responsibil- capabilities to deal with the prolifera- control architecture approved by the Sec- ities,’’ pointed to the growing avail- tion of foreign high-resolution imaging retary. The report shall include the follow- ing: ability of satellite imaging and noted— satellites. But we have to understand (1) An assessment of the potential threats and here is a quote from that report: that these capabilities will be in the posed to deployed United States military Iraq, for example, might have used such ca- hands of a limited number of nations forces by the proliferation of foreign mili- pability to discover that coalition forces had for the next 10 to 15 years, nations such tary and commercial space assets. shifted their positions prior to ground oper- as France, Russia, Israel, China, pos- (2) The Secretary’s recommendations for ations in Operation Desert Storm. Obviously, sibly India, and Japan. Would we really development and deployment of space con- such a discovery by Iraq could have cost trol capabilities to counter such threats. many allied lives. A future General use a kill capability—which is what the (d) Funding.—(1) The Secretary of Defense Schwarzkopf may not have absolute domi- kinetic energy ASAT is? This kinetic shall release to the kinetic energy tactical nance of the space above the battle area that energy ASAT capability would collide antisatellite program manager the funds ap- the real General Schwarzkopf enjoyed during with the satellite which it is directed propriated in fiscal year 1996 for the kinetic Desert Storm as a result of the U.N. sanc- against at very high speed. Would we energy tactical antisatellite program. The tions on Iraq. really use this ability against one of Secretary may withdraw unobligated bal- To deal with this threat, a threat those nations which I just listed, sim- ances of such funds from the program man- that the Pentagon does take seriously, ply because they were making imagery ager only if— (A) the Space Architect makes a deter- the Pentagon has launched a space con- available to a potential foe, such as mination described in subsection (b)(1); or trol architecture development effort Saddam Hussein, during a regional con- (B) a report submitted by the Secretary under the Pentagon’s space architect, frontation? Would our national leader- pursuant to subsection (c) includes a rec- Maj. Gen. Robert Dickman. The results ship not prefer a capability that would ommendation not to pursue such a program. of the study may be available as early disable or jam such a satellite when it (2) Not later than April 1, 1997, the Sec- as this fall, according to the testimony was over our deployed forces but which retary of Defense shall release to the kinetic energy tactical antisatellite program man- that was received in the Armed Serv- would not permanently damage it? ager any funds appropriated for fiscal year ices Committee. Unfortunately, instead The Air Force Science Board study to 1997 for a kinetic energy tactical antisat- of waiting for this study, section 212 of which I referred earlier points out that ellite program pursuant to section 221(a) un- this bill, this defense authorization bill high power ‘‘microwave systems could less— that we are considering today—section be attractive because they have the po- (A) the Space Architect has by such date 212 of the bill takes all funding away tential to produce electronic upset submitted a notification pursuant to sub- from the space architect unless the without damaging the structure of a section (b); or (B) a report submitted by the Secretary Secretary of Defense includes the ki- threat satellite.’’ Similarly, a mobile pursuant to subsection (c) includes a rec- netic energy ASAT in the space control ground-based laser system might be de- ommendation not to pursue such a program. architecture being developed. Section veloped that can only damage a threat Beginning on page 42, strike out line 15 and 221(c) denies all funding for technical satellite if its shutters were open, not all that follows through page 43, line 9. analysis, that is $35 million, denies all if it were in a shutdown mode. Such Mr. BINGAMAN. Mr. President, this that funding to the Under Secretary systems would provide our military is a very simple amendment. It pro- for Acquisition and Technology unless commanders a military option to en- poses to delete two provisions that the kinetic energy ASAT Program is sure the dominance of space by this have been included in the bill. The ef- pursued. country above the battle area, which fect of the provisions that are in the Mr. President, this is, I believe, the General Schwarzkopf enjoyed during bill is that they would prejudge an on- first example I have seen of a sort of Desert Storm, without resulting in the going study that the Pentagon is doing double mandate being put into law, escalation of a regional conflict. on space control and antisatellite where we are saying not only will we The ideal space control capability is weapons. These provisions that I am deny all funds to the space architect in not one that destroys a foreign imag- proposing to delete would impose on the Department of Defense if they do ing satellite by colliding with it at the Pentagon a kinetic energy antisat- not come to the conclusion we want in high velocity and creating a diplomatic ellite weapon which is generally re- this study, but we will also deny this crisis that broadens a conflict as well ferred to as KE–ASAT, which may well $35 million to the Under Secretary for as a cloud of space debris that will be one of the least attractive options Acquisition and Technology unless have adverse effects on peaceful space available to the Pentagon for space they decide to pursue this particular activities. control. option. Mr. President, if there are more cost My amendment instead sets up a In my view we should not be using effective and more diplomatically ef- process whereby the Pentagon can such a mandate to influence the out- fective approaches to space control, June 19, 1996 CONGRESSIONAL RECORD — SENATE S6455 should we not allow the Pentagon to been read for the first time; that it be Mr. SMITH. I believe under the re- pursue those? The amendment I am of- referred, with accompanying papers, to quest I had 20 minutes. Probably very fering leaves the $75 million in the bill the Committee on Foreign Relations close to that amount of time. which is presently there for tactical and ordered to be printed; and that the PRIVILEGE OF THE FLOOR ASAT technology, without specifying President’s message be printed in the Mr. BINGAMAN. Mr. President, may what technologies we might be using it RECORD. I just make a unanimous-consent re- for. It eliminates the mandate forcing The PRESIDING OFFICER. Without quest before the Senator makes his the use of the kinetic energy ASAT by objection, it is so ordered. statement? I ask unanimous consent the Pentagon. The amendment instead The message of the President is as that Linda Taylor, a fellow in my of- directs that the kinetic energy ASAT follows: fice, be given the privilege of the floor option be explicitly evaluated by Gen- during the pendency of S. 1745. To the Senate of the United States: eral Dickman for the space control ar- The PRESIDING OFFICER. Without I transmit herewith, for the advice objection, it is so ordered. chitecture, but it leaves the choice of and consent of the Senate to ratifica- whether to fund that option to the Mr. COATS. Mr. President, I yield 20 tion, the International Natural Rubber minutes to the Senator from New Pentagon. The Pentagon must also Agreement, 1995, done at Geneva on give Congress the results of its space Hampshire. February 17, 1995. The Agreement was The PRESIDING OFFICER. The Sen- control study by March 31, 1997. signed on behalf of the United States This is the way in which we normally ator from New Hampshire has 18 min- on April 23, 1996. The report of the De- proceed when the Pentagon defines a utes remaining. partment of State setting forth more threat, as they have in this case, and Mr. COATS. I yield all time remain- fully the Administration’s position is launches an effort to deal with that ing to the Senator from New Hamp- also transmitted, for the information threat. We do not impose our solution shire. of the Senate. The PRESIDING OFFICER. The Sen- to a highly complex problem before we As did its predecessors, the Inter- ator from New Hampshire is recog- have heard the Pentagon’s own rec- national Rubber Agreement, 1995 nized. ommended solution. (INRA), seeks to stabilize natural rub- Mr. SMITH. Mr. President, some Mr. President, the only testimony ber prices without distorting long-term things are very predictable around which the Senate received this year on market trends and to assure adequate here. One of the most predictable is this whole issue was from Gil Decker, rubber supplies at reasonable prices. that somebody every year gets up there the Assistant Secretary of the Army The U.S. participation in INRA, 1995, in the authorization debate and tries to for Research and Acquisition, who told will also respond to concerns expressed kill the ASAT Program. This is not a the Armed Services Committee that by U.S. rubber companies that a transi- harmless amendment. This is a very se- this is not an Army priority. This fund- tion period is needed to allow industry rious amendment that can do damage ing did not appear on any service wish time to prepare for a free market in to the national security of the United list. This is hardly the basis for impos- natural rubber and to allow for the fur- States. ing this kinetic energy ASAT system ther development of alternative insti- I might say very bluntly and hon- on the Pentagon. tutions to manage market risk. The estly, I do not have any parochial in- I urge my colleagues to support the new Agreement incorporates improve- terest in this. I have a national inter- amendment. That concludes my state- ments sought by the United States to est in this. There is not anybody work- ment in support of it and I yield the help ensure that it fully reflects mar- ing on this in my State. It is not a jobs floor. ket trends and is operated in an effec- issue in my State. This is a national The PRESIDING OFFICER. Who security matter, and year after year I yields time? The Senator from Indiana. tive and financially sound manner. The Agreement is consistent with stand up and engage in debate on this, Mr. COATS. Mr. President, it is my and in committee, as the opponents understanding the Senator from New out broad foreign policy objectives. It demonstrates our willingness to engage continue to go after this program. Hampshire will be seeking some time This amendment is designed to kill in a continuing dialogue with develop- to respond to the Senator from New ASAT, to kill the kinetic energy pro- ing countries on issues of mutual con- Mexico and will be available to speak gram plain and simple. That is exactly cern and embodies our belief that long- shortly. Let me just state we appear, what it is designed to do. That is what run market forces are the appropriate now, to be making some progress on they are trying to do. We have invested the bill. Relevant amendments are determinants of prices and resource al- $245 million in this program. We have 2 being debated and discussed and time locations. It will also strengthen our years left, at approximately $75 million limits are being sought. To the extent relations with the ASEAN countries, a year, to complete this program. This Members with amendments can notify since three of them—Malaysia, Indo- technology works. It has already been us of their amendments and we can nesia, and Thailand—account collec- tested. It works. We are going to throw work out a time agreement, that would tively for approximately 80 percent of it down the tube, throw it away. be preferable to keep us working late world production of natural rubber. What is ironic to me is that some of into the night. Therefore, I urge the Senate to give the things that Senator BINGAMAN has this Agreement prompt consideration f said on this issue are reasonable. In and its advice and consent to ratifica- fact, I offered to work with the Senator REMOVAL OF INJUNCTION OF SE- tion to enable the United States to de- in committee to address his concerns CRECY—INTERNATIONAL NATU- posit its instrument of ratification as over the section dealing with the space RAL RUBBER AGREEMENT OF soon as possible. architect. But, we could not reach a 1995, TREATY DOCUMENT NO. 104– WILLIAM J. CLINTON. compromise. There was no interest in 27 THE WHITE HOUSE, June 19, 1996. having a compromise. He wants the Mr. COATS. Mr. President, as in ex- f whole thing. He wants to defeat it. ecutive session, I ask unanimous con- NATIONAL DEFENSE AUTHORIZA- So here we are again, rather than sent that the injunction of secrecy be TION ACT FOR FISCAL YEAR 1997 simply addressing the concerns that he removed from the following treaty has over the space architect issue, the transmitted to the Senate on June 19, The Senate continued with the con- Senator from New Mexico now is going 1996, by the President of the United sideration of the bill. after the entire program—all or noth- States. Mr. COATS addressed the Chair. ing. International Natural Rubber Agree- The PRESIDING OFFICER. The Sen- The truth is, this amendment cir- ment of 1995, which is Treaty Docu- ator from Indiana retains the floor. cumvents the authorization and appro- ment No. 104–27. AMENDMENT NO. 4058 priations process totally. It allows the The PRESIDING OFFICER. Without Mr. COATS. Mr. President, I wonder space architect to singlehandedly de- objection, it is so ordered. if I can inquire from the Senator from cide if the Pentagon spends the money Mr. COATS. Mr. President, I further New Hampshire what amount of time that has been authorized and appro- ask the treaty be considered as having he requests we yield on this? priated in both 1996 and 1997 for ASAT. S6456 CONGRESSIONAL RECORD — SENATE June 19, 1996 That is an assault on the jurisdiction enemy from collecting that informa- sands of Americans because we could of this committee, the Armed Services tion. not have disabled them. We have the Committee, and the Appropriations Why would anyone want to deny the technology. It works. Why are we not Committee. There is a process in place, United States of America the capabil- using it? a correct process, to seek reprogram- ity to do that? It baffles me. I cannot It does not make any sense, Mr. ming or rescissions, and that works understand it. Every year, year after President, not to continue this tech- pretty well around here. But to say year, we have to take the same posi- nology. This technology was designed, that the space architect, whose iden- tion—for 6 years I have done it—de- developed, manufactured, and inte- tity I would venture to say very few of fending this system, while those in this grated under the Kinetic Energy ASAT my colleagues even know, can decide Congress and some in the administra- Demonstration Validation Program whether or not he wants to comply tion try to kill it, try to kill the capa- from 1990 to 1993 and ground tested, and with the law, this represents an enor- bility of the United States to take out it works. Here we are having to defend mous erosion of the Senate’s jurisdic- a satellite that could destroy American it from these attacks. tion and particularly that of the forces. Mr. President, how much time do I Armed Services and Appropriations Some say, ‘‘Well, nobody out there have remaining? Committees. has any capability for satellites. What The PRESIDING OFFICER. The Sen- We voted on this issue many times, do we need ASAT for?’’ According to ator has 7 minutes 30 seconds remain- both Republicans and Democrats, the U.S. Space Command, Argentina, ing. under Democrat control, under Repub- Australia, Brazil, Canada, China, the Mr. SMITH. The distinguished chair- HURMOND, has asked for lican control. The Senate has always Czech Republic, France, Germany, man, Senator T a little of my time, so I will just con- gone on record in support of this pro- Great Britain, India, Indonesia, Iran, clude by saying, if we lose this vote gram, and yet the assaults continue. Israel, Italy, Japan, Korea, Luxem- and lose this technology and end this The Armed Forces have testified that bourg, Malaysia, Mexico, Norway, technology, ASAT, it, in my opinion, they need this capability. The Armed Pakistan, Portugal, Russia, Saudi Ara- will be a direct threat to the thousands Forces have said they need this capa- bia, South Africa, Spain, Sweden, Thai- of American men and women all over bility. The taxpayers have invested land, Turkey, and Ukraine, to name 30. the world who wear the uniforms of the millions in its development. Now, when They do not have any capability? It is Armed Forces of the United States. we are so close to completing the pro- out there, folks. It is an unprecedented erosion of our gram, why kill it? You should not kill You say some of those are friendly constitutional prerogative. When we it on the money, because you have in- countries. That is right, and they sell take the oath to the Constitution, we vested so much, but more important— this technology and there are a lot of take an oath to protect and defend much more important—you should not people out there buying it. America. This protects and defends kill it because of the technology. ‘‘Why not just jam them?’’ they say. America. I have been hearing a lot of Let us talk a little bit about why it We do not have the capability to do this talk. I have heard some of it al- makes no sense to kill it and why it is that. ready, and we will hear a lot more, a threat to our national security to do A U.S. antisatellite capability—and about how we are going to do this stuff that. this is a very important point, I cannot with lasers, disable all these satellites The global spread of advanced sat- emphasize this strongly enough to my with laser technology, that that is the ellite technology has made it possible colleagues—is a disincentive for a po- thing of the future. It might be, but it for countries to obtain this high-defini- tential adversary to spend their re- is not here yet. What are we going to tion imagery for satellites in low orbit sources on military satellites. A U.S. do here in between? or to buy that information. This data kinetic energy ASAT could help con- For those who might not care about is crucial because in a future conflict, strain the proliferation of such sys- the military application—or maybe the United States has to be able to tems. Why would somebody want to you care about space junk—kinetic en- neutralize a hostile satellite. How are spend hundreds of millions of dollars to ergy ASAT disables satellites. It does you going to do that? This is how you develop satellites to put in space to spy not break them up into hundreds of do it, with kinetic energy ASAT. But on us or to use to collect data against pieces and create space junk. It dis- at present, we do not have that capa- our forces if they know we can disable ables them. It is a very important bility. We simply do not have the capa- them or disarm them? The chances are point. bility. they will not. Yet, here we are, here we I would think the Senate would want If you think back, during the gulf are, saying, ‘‘Let’s kill the program.’’ to think long and hard before ending war, the Iraqi Air Force was destroyed Russia leads the world in space this technology because this amend- or forced out of the air in the first few launches of military satellites. ment will do that. That is what it is days of fighting, and Iraq had no recon- Ukraine is building a series of radar designed to do. naissance capability. This lack of Iraqi satellites. There will be another amendment overhead surveillance made it possible China is launching military recon coming to cut the funding off just in for the allies to mass their forces and satellites and have been doing it for 20 case this one does not work. We face sweep across the desert to bring a swift years. They are selling space launches that every year. conclusion to a war that could have and satellite technology all over the I want to conclude on this point, Mr. cost thousands—thousands —of Amer- world. President. I have been on the Armed ican casualties. United Arab Emirates reportedly has Services Committee here in the U.S. Gen. Charles Horner, Desert Storm ordered a military reconnaissance sat- Senate under Democrat and Republican air commander, said that the diplo- ellite from a consortium of Russian leadership. We have fought this fight macy that we used convinced France firms. every year. And Democrats, when they and Russia not to sell reconnaissance On and on and on, and yet we stand were in the majority, were some of the data to Iraq. Suppose they had it? We here on the floor today having to de- strongest supporters on that commit- had no way to stop them with that fend attacks on us, those who support tee of this program. kind of reconnaissance. ASAT destroys this system. I have had enough of it, This is not a Republican-Democrat those satellites, Mr. President. Why Mr. President, to be very blunt about issue here. This is a national security would anyone want to stop that tech- it. I have had enough of it. I am tired issue. It deserves to be supported. Why nology? of it. I think it is outrageous that peo- some in the administration have taken Satellites that can be placed up in ple come down on this floor and put the position that it ought not to be, the air, over the Earth in low orbit our forces at risk to try to kill the and some in the Senate, I do not know. with a capability to spy on the United technology that works, that protects But I know this is dangerous. This is a States, spy on our forces, collect data, us. dangerous amendment. I do not say transmit data, what does ASAT do? Let me repeat, had Saddam Hussein that about very many amendments on What does this satellite do? It disables. had the capability, had he had these this floor. This is a dangerous amend- It disables that satellite and keeps that satellites, we would have lost thou- ment. This could cost American lives, June 19, 1996 CONGRESSIONAL RECORD — SENATE S6457 and not too far in the distant future ei- achieve the ability to control space and Program. This is funding the adminis- ther. This could be very close in the the United States does not have the ca- tration did not request, but which was immediate future. This could cost pability to turn this around, we will added by the majority. American lives. lose our military advantage. I believe it would be appropriate to We have the technology to disable Mr. President, I, again, oppose the eliminate the funding as well as the satellites. We ought to use it. It is amendment offered by the Senator two provisions in the bill, because I do proven. We have expended roughly two- from New Mexico and I urge my col- not believe there is a need to fund this thirds of the money. It is in place. The leagues to vote against it. ASAT Program. But this amendment military supports it. And those policy- Mr. President, I ask unanimous con- by Senator BINGAMAN is a compromise makers who do not are ill-advised. sent that a memorandum for Robert T. that would leave in place all the fund- They are wrong. They are absolutely Howard, Deputy Assistant Secretary of ing added by the Committee majority, wrong. We have an obligation to stand the Army for Budget by Jay M. Garner, but strip out the two provisions that up and be heard on this, when these Lieutenant General, USA, command- were in the bill. It would leave the De- kinds of things happen. ing, be printed in the RECORD. partment of Defense the option of pur- So I am proud to say, Mr. President, There being no objection, the memo- suing the kinetic energy ASAT Pro- that I support this program, not for randum was ordered to be printed in gram if it is considered appropriate any parochial reasons, but for national the RECORD, as follows: technology. But the bill mandates that security reasons. I am standing here on DEPARTMENT OF THE ARMY, the Pentagon choose the KE ASAT, the floor today because this system SPACE AND STRATEGIC DEFENSE without even knowing the results of works. It is necessary for the security COMMAND, the current study being conducted by of the United States of America. It pro- Arlington, VA, January 3, 1996. the ‘‘Space Architect.’’ tects American lives. It ought to be Memorandum for MG Robert T. Howard, So the amendment offered by Sen- funded fully. It ought not to be in any Deputy Assistant Secretary of the Army for Budget. ator BINGAMAN is a very reasonable way diminished. Subject: Kinetic Energy Anti-Satellite compromise that leaves open all ASAT So I ask my colleagues, please, do (ASAT) Technology Funding Reduction. options while keeping $75 million that not fall for this faulty line, this false 1. USASSDC nonconcurs with action pro- was not even requested by the Admin- information, and to support kinetic en- posed by Program Budget Decision 719, istration. Although I do not believe ergy ASAT. which rescinds $30M from the ASAT program that this funding is justified, I think I yield the floor, Mr. President. in support of the Bosnia Supplemental. the underlying provisions in the bill The PRESIDING OFFICER. Who USASSDC believes kinetic energy tech- are totally unjustified and should be yields time? nology will prove to be a vital capability for the future. In addition, the kill vehicle cur- rejected by the Senate. Mr. THURMOND. Mr. President, how I urge my colleagues to vote in favor much time is left? rently being tested may have applicability to other programs. of the Bingaman amendment. The PRESIDING OFFICER. The Sen- 2. The total KE ASAT technology program The PRESIDING OFFICER. Who ator from South Carolina has 3 min- encompasses four years (FY96–99) at a cost of yields time? utes, 20 seconds. $180M, which includes the $30M currently Mr. SMITH addressed the Chair. Mr. THURMOND. Mr. President, being considered for rescission. The program The PRESIDING OFFICER. The Sen- first, I want to commend the able Sen- is structured to develop incremental tech- ator from New Hampshire. ator from New Hampshire for the excel- nology improvements (and possible insertion lent remarks he has made on this sub- into other programs), necessary kill vehicle Mr. SMITH. At this time, not to in- ject. He has made a very emphatic case and booster procurements, and testing. For terrupt the debate, I would like, if the example, in FY96, weapon control system in- for our side. I am very proud that he Senator from New Mexico is finished, tegration, software upgrades, and kill vehi- to move the amendment, or at least has done that today. cle refurbishment will be accomplished in Mr. President. I rise in opposition to ask for the yeas and nays. Let me just support of a planned hover test. This hover ask for the yeas and nays. the amendment offered by the Senator test, along with kill vehicle qualification from New Mexico. A similar variation testing and hardware in the loop simulation The PRESIDING OFFICER. Is there a of the amendment was offered in the planned for FY97 will facilitate full up flight sufficient second? committee during markup and it was tests during FY98. As in the past, we expect Mr. SMITH. Mr. President, I move to not accepted. continued Congressional funding and support table the amendment and ask for the The Congress has authorized and/or of this program to not affect Army’s re- yeas and nays. search and development account, or overall appropriated funds for the kinetic en- Mr. BINGAMAN. Mr. President, I did total obligation authority (TOA). Based on want to conclude my debate. ergy antisatellite technology program this level of funding a contingency deploy- since 1985. For the past 3 years the ad- ment capability will be achieved by FY99. The PRESIDING OFFICER. The mo- ministration has not complied with the 3. The current contract with Rockwell will tion to table is not in order at this law and obligated the funds for the pro- terminate on January 31, 1996. If allowed to point. gram. Every year, as a result, we have do so, ASAT contingency capability will be Mr. SMITH. I will withhold. to take actions to force the Depart- delayed by a minimum of one year depending Mr. BINGAMAN. Mr. President, how ment to comply with legislation to on when funding is made available. much time remains? 4. Point of contact for this action is LTC The PRESIDING OFFICER. The Sen- compel them to obligate the funds for Robert M. Shell at (703) 607–1934. this particular program. JAY M. GARNER, ator from New Mexico controls 10 min- Mr. President, the Under Secretary Lieutenant General, utes, 52 seconds. of Defense for Space, Bob Davis, has USA, Commanding. AMENDMENT NO. 4058, AS MODIFIED stated on many occasions that there is Mr. LEVIN. Mr. President, I rise in Mr. BINGAMAN. Mr. President, first, a need to develop systems to counter support of the Bingaman amendment I am informed by the floor staff that I the space threat. The Congress has sup- on ASAT programs. His amendment need to send a modification to the ported the kinetic energy antisatellite would simply remove two very onerous desk. It is a technical modification to technologies for that purposes, as well provisions from the bill and permit the make it clear as to which page and as other technologies which are not Department of Defense ‘‘Space Archi- which line is being proposed for strik- ready for production or are years away tect’’ to complete a study we have re- ing in this amendment. I send that from deployment. The KE–ASAT pro- quired, and determine which anti-sat- modification to the desk and ask for its gram is the only near-term program to ellite technologies are most appro- immediate consideration. meet a potential enemy satellite priate for the U.S. military. The PRESIDING OFFICER. Without threat. His amendment would not kill the objection, the amendment is modified. The U.S military relies on space for ASAT Program, as its opponents have The amendment, as modified, is as surveillance, communications, naviga- charged. In fact, his amendment would follows: tion, and attack warning. It is impor- leave in place $75 million for U.S. Beginning on page 33, strike out line 3 and tant for the United States to ensure its ASAT programs, which was added by all that follows through page 34, line 2, and freedom to use space. If our adversaries the committee majority, for the ASAT insert in lieu thereof the following: S6458 CONGRESSIONAL RECORD — SENATE June 19, 1996 SEC. 212. SPACE CONTROL ARCHITECTURE kill its own ASAT capability. I have We clearly should delete this provi- STUDY. real trouble understanding that logic sion. Let the Pentagon make its own (a) REQUIRED CONSIDERATION OF KINETIC or believing that that is a credible line recommendations as to what option is ENERGY TACTICAL ANTISATELLITE PROGRAM.— The Department of Defense Space Architect of argument. best for our troops. That is what I shall evaluate the potential cost and effec- The real question we are trying to favor doing. I urge my colleagues to tiveness of the inclusion of the kinetic en- pose here, Mr. President, is, should we support the amendment. I yield the ergy tactical antisatellite program of the allow the Pentagon to come forward floor. Department of Defense as a specific element with their own recommendation on Mr. THURMOND. I yield the remain- of the space control architecture which the what makes the most sense, what is der of the time to the able Senator Space Architect is developing for the Sec- the best option for an ASAT capability, from New Hampshire, and I ask unani- retary of Defense. or should we prejudge that? (b) CONGRESSIONAL NOTIFICATION OF ANY mous consent that 2 additional min- I remember a story that I heard when DETERMINATION OF INAPPROPRIATENESS OF utes be allowed the Senator from New PROGRAM FOR ARCHITECTURE.—(1) If at any I was in school about how Henry Ford Hampshire. point in the development of the space con- used to say, ‘‘You can have any color of Mr. BINGAMAN. Mr. President, I trol architecture the Space Architect deter- Model-T Ford that you want as long as have no objection to an additional 2 mines that the kinetic energy tactical anti- it’s black.’’ What we are saying here in minutes, but I would like 2 minutes on satellite program is not appropriate for in- the existing bill to the Pentagon is, my side. corporation into the space control architec- ‘‘You can pursue any option you want Mr. THURMOND. I have no objec- ture under development, the Space Architect to obtain ASAT capability as long as shall immediately notify the congressional tion. defense committees of such determination. you take the one we want you to The PRESIDING OFFICER (Mr. (2) Within 60 days after submitting a noti- take.’’ That is not a smart way for us THOMPSON). Without objection, it is so fication of a determination under paragraph to proceed. We do not have the tech- ordered. The Senator from New Hamp- (1), the Space Architect shall submit to the nical capability here in the U.S. Senate shire is recognized for up to 2 minutes congressional defense committees a detailed to prejudge this study that the Penta- and 58 seconds. report setting forth the specific reasons for, gon is engaged in. Mr. SMITH. I will respond to my and analytical findings supporting, the de- My colleague from New Hampshire friend from New Mexico. We worked termination. says that the military supports this ki- (c) REPORT ON APPROVED ARCHITECTURE.— very closely together on the Acquisi- Not later than March 31, 1997, the Secretary, netic energy ASAT capability; they tion and Technology Subcommittee. I of Defense shall submit to the congressional want to go ahead and fund it. If that is will not pound the table. I am not even defense committees a report on the space true, then why do we have to mandate going to raise my voice. The truth of control architecture approved by the Sec- in the bill that they have to fund it? the matter—and the Senator knows retary. The report shall include the follow- Why do we have to mandate in the bill this full well—the administration did ing: that they cannot spend any money for not request any funding in their budget (1) An assessment of the potential threats these other purposes unless they fund posed to deployed United States military for the ASAT Program. it, unless they choose that option? Unless I am missing something in the forces by the proliferation of foreign mili- I think clearly what the majority in tary and commercial space assets. logic here—I do not believe I am; the committee is trying to do in this (2) The Secretary’s recommendations for maybe the Senator would like me to bill is to take away the options of the development and deployment of space con- miss it and would like others to miss Pentagon and say the Pentagon has to trol capabilities to counter such threats. it—unless I misunderstand something, (d) FUNDING.—(1) The Secretary of Defense fight the way we say or else we will im- if the administration does not request shall release to the kinetic energy tactical pose sanctions upon them. antisatellite program manager the funds ap- My colleague from New Hampshire it and the policy folks do not want it, propriated in fiscal year 1996 for the kinetic says that anyone who would support if we send it back to the space archi- energy tactical antisatellite program. The this amendment, the amendment I tect, who is a policy person, to study Secretary may withdraw unobligated bal- have offered, is trying to put our forces it, you can pretty well conclude what ances of such funds from the program man- the results will be. They will not fund ager only if— at risk. Why is it putting our forces at (A) the Space Architect makes a deter- risk to let the Pentagon decide what it. mination described in subsection (b)(1); or makes the most sense, what is the When I say this is a deliberate at- (B) a report submitted by the Secretary most effective for protecting our tempt to kill the Kinetic Energy ASAT pursuant to subsection (c) includes a rec- forces? I have real difficulty under- Program, I mean what I say. It is true. ommendation not to pursue such a program. It will kill it. The other thing that we (2) Not later than April 1, 1997, the Sec- standing that kind of logic. Mr. President, the amendment that I need to understand here, the Army sup- retary of Defense shall release to the kinetic ports the Kinetic Energy ASAT Pro- energy tactical antisatellite program man- have offered is not an effort to kill the ager any funds appropriated for fiscal year ASAT Program. It is not an effort to gram. They objected to the rescission 1997 for a kinetic energy tactical antisat- reduce funding for the ASAT Program. list. They objected to this being listed ellite program pursuant to section 221(a) un- There is nothing in the amendment as a rescission item. They did not win less— that does either of those things. What the debate. The policy people won. (A) the Space Architect has by such date it says is, let us give them the money, The Senator’s amendment sends this submitted a notification pursuant to sub- let us give them the ability to come back to the space architect. He will section (b); or study it diligently over the next few (B) a report submitted by the Secretary back and recommend to us the proper pursuant to subsection (c) includes a rec- use of that money to gain the greatest weeks, months, whatever it takes, and ommendation not to pursue such a program. capability for protecting our own then announce that we do not need it, Beginning on page 42, strike out line 15 and forces. To me that is common sense. I and kill it. This is not an objective de- all that follows through page 43, line 9 have great difficulty seeing why we cision here. This person was not objec- Mr. BINGAMAN. Mr. President, let even have to argue about it. tive. This person made up his mind al- me just respond briefly. I do not think I am reminded, as I hear the debate ready. He does not want it. If he want- I will take the full 10 minutes. The raging around here, that when I was ed it, he would have funded the remain- Senator from New Hampshire says that practicing law, a more senior member der of it, which has already been—as this amendment that I have offered is of the bar early on in some of the trial we said earlier, we have already ex- an effort to kill the ASAT Program. practice I engaged in said there is a pended $245 million on this program, That is clearly not true. There is noth- simple rule in trying a lawsuit. When and we have already proven that it ing in the amendment that I have of- the facts are on your side, pound away works, and we already have the tech- fered which in any way tries to delete at the facts; when the law is on your nology in place. All we are asking for is or reduce or diminish funding for an side, pound away at the law; when nei- the completion. That is the reason why ASAT Program. I made it very clear ther are on your side, pound away at this is a killer amendment. that I support that funding. The fund- the table. That is what is happening We should not be cute about the ing remains in the bill. here. Neither the facts nor the law nor process here. When somebody opposes The Senator from New Hampshire is common sense are on the side of those something, you give it back to them to saying that the Pentagon is trying to who put this provision in the bill. make the decision, you can pretty well June 19, 1996 CONGRESSIONAL RECORD — SENATE S6459 guess what the decision is going to be. where they are trying to make a judg- Johnston Lieberman Reid Kennedy Mikulski Robb That is a little bit disingenuous. They ment as to what is the best use of this Kerrey Moseley-Braun Sarbanes did not fund it. The administration money to protect our own forces. Kerry Moynihan Simon does not want this program. The ad- I have confidence that the Pentagon Kohl Murray Wellstone ministration is getting quite a reputa- will make a judgment based on their Lautenberg Nunn Wyden Leahy Pell tion around here for not expending honest and expert opinion as to what Levin Pryor moneys that we have appropriated and makes sense for the country and for NOT VOTING—2 authorized. They are getting pretty our own forces. I do not think we need good at it, and they are doing it with- to prejudge that. Accordingly, I hope Bumpers Rockefeller out legislation. They are just doing it. very much that my amendment will be The motion to table the amendment They are just saying, ‘‘We do not want agreed to. (No. 4058), as modified, was agreed to. this, so even though you authorized it Mr. President, I ask that Senator Mr. THURMOND. Mr. President, I and appropriated it, we are not going BUMPERS be added as a cosponsor to my move to reconsider the vote. to spend it.’’ amendment. Mr. BENNETT. I move to lay that The PRESIDING OFFICER. The time The PRESIDING OFFICER. Without motion on the table. of the Senator has expired. objection, it is so ordered. The motion to lay on the table was The Senator from New Mexico has 7 Mr. BINGAMAN. Mr. President, I agreed to. The PRESIDING OFFICER. Senator minutes 45 seconds. have no additional debate. Mr. BINGAMAN. Mr. President, FAIRCLOTH is recognized for 10 minutes. Mr. THURMOND. Mr. President, I Mr. FAIRCLOTH. I thank the Chair. again I will not take the full 7 minutes, ask unanimous consent upon disposi- but let me conclude by saying that I (The remarks of Mr. FAIRCLOTH, Mr. tion of the Bingaman amendment, that KENNEDY, Mr. HEFLIN and Mr. NUNN think there is clearly a failure to com- Senator ASHCROFT and Senator KEN- municate here on this issue. pertaining to the introduction of S. NEDY be recognized to speak as in 1890 are located in today’s RECORD My colleague from New Hampshire morning business for up to 10 minutes says that the Army wants this pro- under ‘‘Statements on Introduced Bills each. and Joint Resolutions.’’) gram. Looking at the facts: The admin- The PRESIDING OFFICER. Without istration asked for a fairly healthy de- PRIVILEGE OF THE FLOOR objection, it is so ordered. Mr. KENNEDY. Mr. President, I ask fense budget; the Armed Services Com- Mr. THURMOND. Mr. President, I mittee, in the bill that is before the unanimous consent that floor privi- move to table this amendment, and I leges be granted to Randy O’Connor, a Senate here, added about over $12 bil- ask for the yeas and nays. lion to that—something in that range. defense fellow in my office for the du- The PRESIDING OFFICER. Is there a ration of the consideration of the fiscal In order to come up with that addi- sufficient second? tional money, we went to each of the year 1997 Defense authorization bill. There is a sufficient second. The PRESIDING OFFICER. Without services and said, ‘‘What is on your The yeas and nays were ordered. wish list? Are there things you would objection, it is so ordered. The PRESIDING OFFICER. The Mr. NUNN. Mr. President, I believe like to have funded that we were not question is on agreeing to the motion the Senator from Washington would able to fund, or that the President did to table. like to be recognized. I think there has not request, or that the Pentagon did The yeas and nays have been ordered. been a unanimous-consent request. I not request, the Secretary of Defense The clerk will call the roll. believe the Senator from South Caro- did not request?’’ The Army gave us The assistant legislative clerk called lina will be asking unanimous consent over $2 billion worth of those, more the roll. that Senator MURRAY be recognized for like $3 billion. I am not sure of the Mr. FORD. I announce that the Sen- the time agreement specified. I believe, exact amount. ator from Arkansas [Mr. BUMPERS] and also, the Senator needs to ask the Again, there was nothing in there for the Senator from West Virginia [Mr. this ASAT capability. The argument amendments be set aside that are now ROCKEFELLER] are necessarily absent. that the Army wants this, they just pending. I further announce that, if present The PRESIDING OFFICER. The Sen- never want us to give them any money and voting, the Senator from Arkansas ator from South Carolina. for it, is a hard one for me to under- [Mr. BUMPERS] would vote ‘‘no.’’ Mr. THURMOND. Mr. President, I stand. I think, clearly, this is not a The PRESIDING OFFICER. Are there ask unanimous consent that the time program I am trying to kill. We are not any other Senators in the Chamber de- on the Murray amendment related to touching the money. The money has siring to vote? abortions in military hospitals be lim- been added here, and we are saying, The result was announced—yeas 52, ited to 2 hours equally divided in the ‘‘Fine, let’s go ahead and spend the nays 46, as follows: usual form, that no amendments be in money for whichever option the Penta- order, and that following the use or gon wants to pursue.’’ But let the Pen- [Rollcall Vote No. 162 Leg.] yielding back of time, the Senate pro- tagon make the judgment. Do not try YEAS—52 ceed to vote on or in relation to the to prejudge the right technology in Abraham Frist McConnell amendment. order to develop this ASAT capability. Ashcroft Gorton Murkowski Bennett Gramm Nickles Mr. PRYOR addressed the Chair. That is all we are saying. Bond Grams Pressler The PRESIDING OFFICER. The Sen- The end of the amendment that I Brown Grassley Roth ator from Arkansas. have offered, I think, makes it very Burns Gregg Santorum Campbell Hatch Shelby Mr. PRYOR. Mr. President, reserving clear that not later than April 1, 1997, Chafee Heflin Simpson the right to object, I would like to in- the Secretary of Defense shall release Coats Helms Smith clude in the unanimous-consent re- to the kinetic energy antisatellite pro- Cochran Hutchison Snowe quest, if I might, that I be recognized gram manager any funds appropriated Cohen Inhofe Specter Coverdell Kassebaum Stevens to offer an amendment immediately in 1997 for the Kinetic Energy Tactical Craig Kempthorne Thomas upon the disposition of the Murray Antisatellite Program pursuant to sec- D’Amato Kyl Thompson amendment. tion 221(a) unless the space architect DeWine Lott Thurmond Domenici Lugar Warner Mr. THURMOND. Mr. President, I has by such date submitted a notifica- Faircloth Mack suggest the absence of a quorum. tion; or a report submitted by the Sec- Frahm McCain The PRESIDING OFFICER. The retary pursuant to subsection (c) in- NAYS—46 clerk will call the roll. cludes a recommendation not to pursue The bill clerk proceeded to call the Akaka Byrd Ford such a program. Baucus Conrad Glenn roll. What I am trying to do in my amend- Biden Daschle Graham Mr. THURMOND. Mr. President, I ment is to protect the ability of the Bingaman Dodd Harkin ask unanimous consent that the order Pentagon to use the money in the most Boxer Dorgan Hatfield for the quorum call be rescinded. Bradley Exon Hollings effective way. We are not in favor of Breaux Feingold Inouye The PRESIDING OFFICER. Without mandating a result in an ongoing study Bryan Feinstein Jeffords objection, it is so ordered. S6460 CONGRESSIONAL RECORD — SENATE June 19, 1996

Mr. THURMOND. Mr. President, I This is allowing one drug firm to pre- on behalf of myself, Senator SNOWE, suggest we begin debate on this amend- vent other generic firms from coming Senator SIMON, Senator LAUTENBERG, ment. in and competing fairly in the market. Senator ROBB, Senator MOSELEY- The PRESIDING OFFICER. There is It is also allowing an extra $5 million BRAUN and Senator KENNEDY—is very a pending unanimous-consent request. each day—each day—of profits that we simple. It strikes language adopted in Is there objection? hesitate and fail to correct. last year’s defense authorization and Mr. PRYOR. Mr. President, I object. It should be a matter of honor that appropriations bills that would pro- The PRESIDING OFFICER. Objec- we correct this matter, and I am going hibit privately funded abortions from tion is heard. on the Department of Defense bill to being performed at overseas military Mr. THURMOND. Mr. President, I continue attempting to find a slot hospitals. This ban places women sta- suggest we now proceed to debate. where Senator BROWN, Senator CHAFEE, tioned overseas in an unsafe and unfair Mr. COATS addressed the Chair. and the Senator from Arkansas, Sen- situation and blatantly restricts their The PRESIDING OFFICER. The Sen- ator PRYOR, may offer this amendment constitutional right to choose. ator from Indiana. and have the U.S. Senate go on record, Women in our armed services sac- Mr. COATS. Mr. President, can I in- once and for all, as to whether we are rifice each and every day to serve our quire, has the Senator from Washing- willing to correct this abusive flaw cre- country. They should receive our ut- ton been recognized to offer her amend- ated by mistake. most respect, honor, and gratitude. ment? Mr. President, I yield the floor. They certainly do not deserve to be The PRESIDING OFFICER. Not at Mr. THURMOND addressed the Chair. told they must check their constitu- this point. There was an objection to The PRESIDING OFFICER. The Sen- tional rights at the door when they are the unanimous-consent request. ator from South Carolina. stationed overseas. My amendment Mr. COATS. But that would not pre- Mr. THURMOND. Mr. President, I protects their precious rights and en- vent the Senator from going ahead and wish to thank the able Senator from sures their safe access to quality medi- offering her amendment; there would Arkansas for taking the position he cal services. just not be a time constraint? has. I will now proceed to make the re- Mr. President, let me just say a few The PRESIDING OFFICER. That is quest. things about my amendment to clear correct. Mr. President, I ask unanimous con- away any confusion that may exist. Mr. COATS. Mr. President, I suggest sent that the time on the Murray First, this amendment simply re- the absence of a quorum. amendment, relating to abortions at stores previous DOD policy. From 1973 The PRESIDING OFFICER. The military hospitals, be limited to 2 to 1988, a woman stationed overseas clerk will call the roll. hours, equally divided in the usual was allowed to obtain an abortion if The bill clerk proceeded to call the form, and that no amendments be in she paid with private, nondefense roll. order; and that following the use or Mr. NUNN. Mr. President, I ask funds. Likewise, this was DOD policy yielding back of time, the Senate pro- from 1993 till 1996. This is not some unanimous consent that the order for ceed to vote on, or in relation to, the the quorum call be rescinded. radical new idea. Quite the contrary, in amendment. fact. This law was in place for almost The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there two full terms of the Reagan White objection, it is so ordered. objection? Without objection, it is so House. Mr. NUNN. Mr. President, if the Sen- ordered. We have had many debates on the ator from South Carolina propounds Mrs. MURRAY addressed the Chair. the unanimous-consent request, I be- The PRESIDING OFFICER. The Sen- floor of this Senate over the past 2 lieve it will be agreed to now. I know ator from Washington. years about abortion, about Federal funding, about Federal workers, about the Senator from Arkansas first would AMENDMENT NO. 4059 like to make his position clear, and Medicaid. Let me be very clear, this (Purpose: To repeal the restriction on use of issue is different. My amendment sim- perhaps if he is recognized at this point Department of Defense facilities for abor- for that, he can make his brief state- tions) ply ensures the same rights for women ment and then the Senator from South Mrs. MURRAY. Mr. President, I send in our armed services enjoyed by every Carolina can propound the an amendment to the desk and ask for other woman in this country. unanimous=consent request, and I be- its immediate consideration. This amendment is merely an effort lieve it will be agreed to. The PRESIDING OFFICER. Without to return us to the policy of the past The PRESIDING OFFICER. The Sen- objection, the pending amendments are which protected women stationed in a ator from Arkansas. laid aside. foreign country from having to seek Mr. PRYOR. Mr. President, I thank The clerk will report. medical care from inexperienced or in- the distinguished ranking member of The bill clerk read as follows: adequately trained personnel. It is dan- gerous and unnecessary and just plain the Armed Services Committee for al- The Senator from Washington [Mrs. MUR- lowing me to make a statement, and I RAY], for herself, Ms. SNOWE, Mr. KENNEDY, wrong to put these women, who are will say to my distinguished chairman Mr. ROBB, Mr. LAUTENBERG, Mr. SIMON, and serving our country overseas, at risk. of the Armed Services Committee, my Ms. MOSELEY-BRAUN, proposes an amend- Furthermore, my amendment does statement will be about just one mo- ment numbered 4059. not force anyone to perform an abor- ment, and then we will allow Senator Mrs. MURRAY. Mr. President, I ask tion at a military facility. MURRAY to go forward with her amend- unanimous consent that the reading of Currently, all departments of the ment. the amendment be dispensed with. military function under a conscience Mr. President, the amendment that I The PRESIDING OFFICER. Without clause which states that medical per- am going to offer, and it may not be objection, it is so ordered. sonnel do not have to participate in an after the disposition of Senator MUR- The amendment is as follows: abortion procedure if they have a reli- RAY’s amendment but it may be after At the end of title VII add the following: gious, moral, or ethical objection. the disposition of a subsequent amend- SEC. 708. RESTORATION OF PREVIOUS POLICY This amendment preserves that im- ment, is the so-called GATT Glaxo REGARDING RESTRICTIONS ON USE portant conscience clause. Most impor- OF DEPARTMENT OF DEFENSE MED- amendment. I have been attempting all ICAL FACILITIES. tantly, Mr. President, it deals only of this year, during the entirety of 1996, Section 1093 of title 10, United States Code, with an individual’s private funds. The to bring this amendment to the floor, is amended— 104th Congress has spent almost 2 years to have it debated and have it voted on. (1) by striking out subsection (b); and trying to return flexibility and author- I have asked for 1 hour of debate, 30 (2) in subsection (a), by striking out ‘‘(a) ity to States. But under the fiscal year minutes on a side, and then let us vote RESTRICTION ON USE OF FUNDS.—’’. 1996 DOD bill, we have a fundamental up or down and dispose of this matter Mrs. MURRAY. Mr. President, the inconsistency. We have a problem tell- to see if we are willing or not willing to amendment that I am offering to the ing our States how to spend their correct a massive abuse that we cre- fiscal year 1997 Department of Defense money, but women in our own military ated by mistake in the GATT treaty. authorization bill—and I am offering it are not afforded that privilege. June 19, 1996 CONGRESSIONAL RECORD — SENATE S6461 Mr. President, I remind my col- But it ignores the fact that the De- the first time in 14 years, not to defend leagues that a woman stationed over- partment of Defense has had in place a life, but to take life, and to do so with seas does not always have the luxury of policy which allows women the oppor- taxpayer funds. access to safe and quality medical care tunity to seek an abortion with their Last year the House and the Senate other than at the military hospital on own funds at essentially a hospital of reversed that policy when we voted to her base. It is dangerous to force her to their choice. The Department of De- override the President and make per- seek medical care in the local area. We fense makes military transportation manent the ban on the use of Depart- are sending our women in uniform to available to these women. ment of Defense medical facilities to the foreign back alley. And that is What we are really dealing with here perform abortions except in the case of wrong. is the question of whether or not Fed- rape, incest or to save the life of the My amendment seeks to prevent our eral funds should be used in the per- mother. So today we are faced again women in uniform from having to formance of abortions. It is also impor- with this issue, because this amend- make a very difficult and potentially tant to note that during the time that ment would strike that ban and rein- dangerous, life-threatening choice. My the policy prohibiting the use of Fed- state the former Clinton policy regard- amendment seeks to restore our eral funds to perform abortions in mili- ing military facilities. women in uniform, women stationed tary facilities, during the time that Supporters of the Murray amend- overseas, a right they have had for that policy has been in effect, there has ment will argue that this policy does most of the last 23 years. My amend- been no difficulty in implementing the not involve the use of taxpayer funds ment seeks to protect the constitu- policy, there have been no formal com- since women are required to pay for tional rights of our women in uniform. plaints filed concerning the policy, these abortions. But to maintain that fiction is simply to misunderstand the They sacrifice every day for every sin- there have been no legal challenges in- nature of military medicine. Unlike gle one of us, and we owe them that stituted concerning this policy, and no other medical facilities, military clin- much. I urge my colleagues to vote for members of the military or their de- ics and hospitals receive 100 percent of this amendment. I withhold the bal- pendents have been denied access to an their funds from Federal taxpayers. ance of my time. abortion as a result of the policy. Physicians in the military are Govern- Mr. COATS addressed the Chair. So it is simply not accurate to say The PRESIDING OFFICER (Mr. that the policy currently in effect ment employees, paid entirely by tax revenues. All of the operational and ad- SANTORUM). The Senator from Indiana. places women in an unfair situation ministrative expenses of military med- Mr. COATS. Mr. President, in re- and, to quote the Senator from Wash- icine are paid by taxpayers. All of the sponse to the Senator from Washington ington, ‘‘blatantly restricts their con- equipment used to perform the abor- and the amendment that was just of- stitutional rights.’’ This does not re- tions are purchased at taxpayer ex- fered, it is true this is not some radical strict the constitutional rights of new idea. This is an issue that has been pense. women at all. Let me repeat that. This So that is the issue that is before us. debated by this body on a number of policy currently in effect does not re- Are we going to require the taxpayers occasions over the past several years. strict the constitutional rights of any of America, whose fundamental reli- Since 1979, the Department of De- woman in the service, or her depend- gious beliefs or whose moral beliefs or fense has had a policy of prohibiting ents. That woman has full access to an values are such that they do not ap- the use of Federal funds to perform abortion, to a legal abortion under the prove of the use of their tax dollars for abortions except where the life of the law. I do not condone that. I do not the Government providing an abortion, mother would be in danger if the fetus support that. But that is not the issue to fund abortions? were carried to term. The bill before us we are arguing. It is true that the payment for this today carries that ban, which was en- The issue that we will be voting on is abortion will be made by the person acted in last year’s authorization bill, not whether you are pro-choice or pro- seeking the abortion and not the tax- and it incorporates also the exceptions life. It is not whether you think a payer. But it is not true that tax- for rape and incest. woman ought to have the right to payers’ funds are, therefore, not used What the Congress has always de- choose. Military women have the right in the procedure, because the procedure bated are the two separate questions, to choose. No one is denying their op- is being performed by employees whose both of which are legitimate questions portunity to have an abortion. entire salary is paid by the taxpayer, and both of which need to be debated. We are simply saying that the use of in a facility whose entire cost of con- The separate questions are, one, wheth- Federal facilities which are paid for, struction is paid for by the taxpayer, er or not a legislative body ought to in- operated by the use of Federal funds, is whose entire operating costs are paid tervene in the decisions made in Roe violative of a policy that the Congress by the taxpayer, and which equipment versus Wade by the Supreme Court and has adopted on numerous occasions, de- used in the procedure is purchased at enact restrictions or a constitutional scribed as the Hyde amendment, which taxpayer expense. amendment on the issue of abortion. says that essentially no Federal funds It is therefore impossible to imagine The second issue, however, is a sepa- will be used for the performance of that taxpayer money can be preserved rate issue. That is whether or not a abortions except in certain cases, life from entanglement of abortion in mili- taxpayer ought to be coerced into sup- of the mother, and more recently life of tary medicine. Any attempt to do so porting something that goes against the mother if the fetus were carried to would present an accounting night- his or her moral conscience or moral term or in the cases of rape or incest. mare, according to the Defense Depart- beliefs. There have been no recorded or offi- ment’s own analysis. The only way to So in 1979, Congressman HYDE intro- cial complaints, not only for women in protect the integrity of taxpayer funds duced the Hyde amendment, which es- uniform being denied access to an abor- is to keep the military out of the abor- sentially said that taxpayers’ funds tion, but their dependents being denied tion business. We must not take money would not be used in support of abor- access to military transport for the from citizens and use it to vandalize tion. purpose of procuring an abortion. their moral values. The amendment offered by the Sen- This, I believe, was a sound and a fair Mr. President, I suggest the Murray ator from Washington attempts to ad- policy. It worked. If it had not worked, amendment is a solution in search of a dress the situation as it applies only to there would have been complaints problem. No problem has been identi- military personnel and their depend- filed, there would have been challenges fied. When the prohibition was in place, ents, under the argument that many of issued concerning the policy, there no one was denied access to an abor- these individuals are deployed overseas would have been military personnel or tion. and may find themselves in situations their dependents denied access. That I repeat that for my colleagues to where performance of an abortion is ei- was not the case. consider: When this policy was in place ther banned by the laws of that coun- It remained in place until 1993 when banning the use of military facilities try or there are situations which are President Clinton issued an Executive to provide abortions, no one was denied not of the quality or safety that order reversing it. Under the Clinton access to an abortion. If safe, accept- women would seek. policy, defense facilities were used for able facilities for elective abortion S6462 CONGRESSIONAL RECORD — SENATE June 19, 1996 were not available to military women nancial penalty on servicewomen and Mrs. MURRAY. Mr. President, I ask based on where they were stationed or their families. Round-trip travel costs the Senator from Maine how much living, these women were permitted to for a woman stationed at our Air Base time she desires. use military transport, for whatever in Turkey to travel privately back to Ms. SNOWE. I would like 5 minutes. reason they chose, to go wherever they Washington for an abortion totals over Mrs. MURRAY. I yield 5 minutes to wanted to go to have that abortion. $2,500 and that figure does not include the Senator from Maine. Supporters of the Murray amend- the cost of the medical procedure. For Ms. SNOWE. Mr. President, I rise in ment have argued that in the past, a young enlisted woman whose pretax support of the amendment offered by women in the military have been monthly income is about $1,400, that Senator MURRAY to repeal the ban on stripped of their rights, but not a sin- cost is a significant financial hardship abortions in overseas military hos- gle case has been filed challenging this that women serving in the United pitals. I am very pleased to cosponsor policy. The bottom line is that the States do not have to bear. this amendment as well. In listening to the debate here this need for the legislation or the Presi- If the enlisted woman does not have afternoon, I cannot help but think dent’s policy has not been proven. the financial means to travel privately Therefore, I urge my colleagues to re- ‘‘here we go again’’ on this issue, on a to the United States, she could face woman’s personal right to choose. We ject this amendment, to retain the significant delays waiting for space present policy as enacted last year in have this debate year in and year out. available military transportation. The Congress revisits this issue of repro- the House-Senate conference, and now health risks increase with each week. as part of current law, to retain that ductive freedom by seeking to restrict, If the delays are too long, the service- policy, because that policy makes im- limit, and eliminate a woman’s right to woman may well be forced to rely on minent sense. To repeal that would vio- choose. questionable facilities in the country late what this Congress has adopted as This ban on abortion in overseas where she is stationed. For all prac- policy many, many times over. That is, military facilities, reinstated last year, tical purposes, she is being denied her the intermingling of taxpayer funds for represented just more of the same. I right to choose. the provision of abortion. point out these efforts to turn back the I reserve the balance of my time. I The decision on abortion is very dif- clock on a woman’s reproductive rights yield the floor. ficult and extremely personal. It is un- will never erase the fact that the high- Mrs. MURRAY. I yield 10 minutes to fair and unreasonable to make this de- est court in the land reaffirmed a wom- the Senator from Massachusetts. cision so dangerous for women who an’s basic and fundamental right to a The PRESIDING OFFICER. The Sen- serve our country overseas. safe and legal abortion time after time, ator from Massachusetts. Every woman in America has a con- again and again, in decision after deci- Mr. KENNEDY. Mr. President, I want stitutional right to choose to termi- sion. the Senate to support the amendment nate her pregnancy. It is time for Con- Last year’s successful effort to rein- offered by Senator MURRAY to ensure gress to stop denying this right to mili- state that ban was another frontal as- that women in the armed services serv- tary women serving overseas and to sault on the principle of reproductive ing overseas can exercise their con- stop treating them as second-class citi- freedom and the dignity of women’s stitutional right to choose safe abor- zens. I urge the Senate to support the lives. We all know that this ban denies tion services. It does not require the Murray amendment. the right to choose for female military Department of Defense to pay for abor- Mr. President, I find it very difficult personnel and dependents. It denies tions. But it repeals the current ban on to follow the logic of those individuals those women who have voluntarily de- privately funded abortions at U.S. mili- who oppose abortions at overseas Gov- cided to serve our country in the tary facilities overseas. Our service- ernment-supported medical facilities Armed Forces safe and legal medical women should not lose their rights because tax payers’ dollars are in- care, simply because they were as- granted by the Constitution when they volved, and yet somehow distinguish signed to duty in other countries. serve the country in foreign lands. that from the Government-supported What kind of reward is that? Why This is an issue of fairness to the air transportation required to fly indi- does this Congress want to punish women who make significant sacrifices viduals back to the United States to those women who so bravely serve our to serve our nation. They go to mili- obtain abortion services. Who in the country overseas by denying them the tary bases around the world to protect world pays for the air transportation, rights that are guaranteed to all Amer- our freedoms, but when they get there, the aircraft, and the personnel that fly icans under the Constitution? It did not occur to me that women’s they are denied access to the kind of the aircraft? medical care available to all women in constitutional rights were territorial. The issue ought to be what is the the United States. Military women It did not occur to me that when Amer- best in terms of the health care for should be able to depend on their base ican women in our Armed Forces get that individual. We insist on that for hospitals for all their medical services. visas and passports stamped when they This amendment gives them access to our military personnel. They are enti- go abroad, they are supposed to leave the same range and quality of health tled to it—the very, very best. We are their fundamental constitutional care services that they could obtain in committed to make sure they get the rights at the proverbial door. the United States. best. I think it is regrettable that in this In many countries where our forces Why should we be able to say we are debate we are talking about denying serve, that quality of care is not avail- going to provide quality health care women their rights because they are able. Without adequate care, an abor- services with this one exception, with serving in our military in overseas fa- tion can be a life-threatening or per- this one area, where a woman is going cilities. We are denying them their op- manently disabling operation. In some to have to roll the dice and take her tion to have a safe and legal medical countries, the blood supply may pose chances, based upon availability of procedure because they happen to be an unacceptable health risk for mili- flights, based upon the particular loca- working for this country overseas. The tary personnel. tion where the woman is stationed? taxpayers are not required to pay for We have a responsibility to provide Are we going to effectively wash our this procedure. This procedure is paid safe options for U.S. servicewomen in hands of any kind of responsibility? It for by the woman’s personal fund. That these situations. Those who oppose this makes no sense. It is cruel. It is inhu- is the way it was, under the law, be- amendment are exposing servicewomen mane. It is failing to meet the health tween 1979 and 1988. And as we know, at to substantial risks of infection, ill- care needs of military personnel. We that time, in 1988, the policy was re- ness, infertility, or even death. We can should not be able to say we will pro- versed. It was reinstated to lift the ban easily avoid such risks by making the vide the best in health care with the in 1993. health facilities at overseas bases exception of this one procedure. I, frankly, cannot understand why we available, and it is irresponsible not to I think the amendment is commend- are suggesting that there should be a do so. able. I congratulate the Senator from two-tiered policy for women if they In addition to the health risks of the Washington for offering it. I hope the happen to serve in the military over- current policy, there is a significant fi- amendment is carried. seas. We are saying, by virtue of that June 19, 1996 CONGRESSIONAL RECORD — SENATE S6463 fact, you will not have the same medi- has to make this very difficult and per- There was never any Congressional cal care in this legal procedure that is sonal decision to terminate a preg- consultation when, in 1988, the Depart- recognized under the law in this coun- nancy. So I hope that we will consider ment of Defense issued an administra- try, and has been reaffirmed time and this in the proper context. It is her tive order prohibiting women from ob- again by the highest court in the land. right to make that decision under the taining abortion services in military Military personnel stationed overseas law of this land. That should apply to facilities overseas. Prior to 1988, still vote, they pay taxes, they are pro- them when they are serving this coun- women could obtain abortions in mili- tected and, as well, are punished under try overseas. tary facilities with private funds. U.S. law. Whether we agree about the I yield the floor, Mr. President. President Clinton lifted the ban by Ex- issue of abortion, or not, we do not Ms. MOSELEY-BRAUN. Mr. Presi- ecutive Order on January 20, 1993. This have the right to deny them their right dent, I rise today to join Senators amendment merely upholds a policy to have access to a legal and safe medi- MURRAY and SNOWE in offering an that is currently in effect and was be- cal procedure. What we are saying is amendment to repeal the restrictions fore 1988 as well. that this ban, basically, forces women barring American women serving over- We are here today to improve the to put their health at risk. They will seas from accessing abortion services safety of women serving in the mili- be forced to seek out unsafe medical in military hospitals. tary overseas. We are here today to care in countries where the blood sup- This amendment simply grants protect wives living overseas with their ply is not safe, in many instances, women who have volunteered to serve military husbands. We are here today where the procedures are antiquated, and protect their country the same to uphold what has been confirmed as a where their equipment may not be rights as every other American woman. constitutional right time and time sterile. I do not believe it is appro- This amendment allows them to pay again since Roe versus Wade in 1974. I priate, nor right, to force our military their own funds to access medical care urge my colleagues to support this personnel to make additional sacrifices at a military hospital if they choose to amendment today. beyond the ones they are already mak- terminate a pregnancy. This amend- Mrs. FEINSTEIN. Mr. President, I ing in serving their country. ment allows women serving this coun- support Senator MURRAY’s amendment Now, we are not saying that we try to avoid increasing military ex- to repeal the provision of current law should force any medical personnel to penses by having to leave the host that prohibits a woman in the armed perform this procedure. There is a con- country to travel to the United States services from using her own funds to science clause for all three services in to seek medical care that is available pay for an abortion in an overseas U.S. the Armed Forces. No one is required in a nearby military medical facility. military facility. I support this amend- to perform this procedure. If they have Women in the military are fighting ment for several reasons. a moral, religious, or ethical objection to protect the constitution of the Unit- First, the Supreme Court has clearly to abortion, they do not have to par- ed States. We should not deny these established a woman’s right to choose. ticipate in this procedure. I think we women their constitutional rights, That right is not suspended simply be- all think that is reasonable. But what rights enjoyed in every State in the cause a woman serves in the U.S. mili- is unreasonable is saying to women: Union. The right to choose to have an tary or is married to a U.S. Sorry, we are not going to allow you to abortion is protected by our Constitu- servicemember. have the same medical rights if you tion. Second, women based in the United serve in the military because you hap- It would be unconscionable to force States and using a U.S.-based military pen to be overseas. I do not see any- women serving overseas to seek the facility are not prohibited from using thing reasonable about that standard. services of hospitals in host countries. their own funds to pay for an abortion. It is unfair, and it is dangerous. We have no way of ensuring that these Having a prohibition on the use of U.S. Last year, the New York Times, I hospitals have sufficiently trained em- military facilities overseas creates a think, expressed the bottom line on ployees, standards of sanitation com- double standard, and an undue hard- this ban when they said in an editorial: parable to those in America, or ade- ship on women servicemembers sta- ‘‘They can fight for their country, they quate facilities. Our military hospitals tioned overseas. can die for their country, but they can- maintain world class facilities. Third, private facilities may not be not get access to a full range of medi- Before 1974, hundreds of women died readily available in other countries. cal services when their country sta- or suffered terribly because they had For example, abortion is illegal in the tions them overseas.’’ abortions outside of proper medical fa- Philippines. A woman stationed in that I really think that this becomes an cilities. Women serving this country country or the spouse of a extreme policy. It puts women in a cri- should not face that prospect again. servicemember would need to fly to the sis position, and we in this Chamber One of the reasons we have military U.S. or to another country—at her own have to stand up and say enough is hospitals is to ensure that our military expense—to obtain an abortion. We enough. Unfortunately, someday, it personnel get the best medical treat- don’t pay our servicemembers enough may be too late when we finally do. ment possible. Women serving overseas to assume they can simply jet off to So I hope that the Members of this have already volunteered to risk their Switzerland for medical treatment. Senate will support the amendment lives in order to protect this country. Fourth, if women do not have access that has been offered by Senator MUR- We cannot place an additional and to military facilities or to private fa- RAY from Washington, because it is an senseless risk upon them by turning cilities in the country they are sta- appropriate, reasonable approach to a them away from military medical care. tioned, they could endanger their own very difficult issue. I do not think that This ban also affects women who are health by the delay involved in getting we want to be in a position of requiring not even in the military themselves. to a facility or by being forced to seek women who serve in our military to be Wives of military personnel also utilize an abortion by someone other than a subjected to or be victim to unsafe military hospitals overseas. These licensed physician. medical procedures because we happen women have sacrificed in order to We know from personal experience in to differ with that procedure. This is move overseas to keep their families this country that when abortion is ille- their money, and it is their right to intact. Denying their access to quality gal, desperate women are often forced make this decision. It is a procedure care if they choose to terminate a preg- into unsafe and life-threatening situa- recognized by the law of this country nancy is no way to thank them. tions in back alleys. If it were your and by the Supreme Court. We owe it I would like to point out that this wife, or your daughter, would you want to them to have the right to make that amendment in no way forces anyone to her in the hands of an untrained abor- decision and, obviously, they are going abrogate their religious or moral be- tionist on the back streets of Manila or to pay for it. And now we are saying liefs. All three branches of the military Cordoba, Argentina? Or would you pre- that we are sorry, we are going to deny have a ‘‘conscience clause’’ which will fer that she have access to medical them this option under very difficult remain intact. The clause permits med- treatment by a trained physician in a circumstances. ical personnel who have any objection U.S. military facility? There are not many options available to abortion to not participate in the Not only would these women be risk- to a woman stationed overseas, who procedure. ing their health and lives under normal S6464 CONGRESSIONAL RECORD — SENATE June 19, 1996 conditions, but what if these women Adoption of this amendment will en- not meeting military requirements, in are facing complicated or life-threaten- sure that women in the Armed Services any event. But it seems to me that ing pregnancies and are unaware of the have access to safe medical care. Let’s while imposing the requirements for seriousness of their condition? do the right thing. Let’s not treat our leave, you are also stating, more often We are asking these women to risk servicewomen like second-class citi- than not, as I understand it, that they their lives in the service of their coun- zens. They give so much in service to have to give reasons or a justification, try. our country. They deserve no less than which is a privacy issue. If they run Current law does not force any mili- to be treated fairly by us. into any complications, there are addi- tary physician to perform an abortion I urge my colleagues to join me in tional issues both in terms of leave and against his or her will. All branches supporting this important amendment. additional privacy issues. It seems to have a ‘‘conscience clause’’ that per- Mr. BINGAMAN. Mr. President, the me that this is another factor that mits medical personnel to choose not language in this bill is an might not make the greatest difference to perform the procedure. What we are unsupportable effort to take away a to some individuals. But I would think talking about today is providing equal fundamental, legal right from women that adding this kind of emotional access to military medical facilities, in uniform and female military depend- trauma that is being experienced wherever they are located, for a legal ents overseas—the right to use their through this whole kind of a procedure procedure paid for with one’s own own funds to obtain a legal abortion. is particularly unfortunate, and I think money. The amendment we are considering probably unfair, certainly, to the Abortion is legal for American today is simply a return to previous women as well. I was just interested in women. U.S. servicemembers would DOD policy that stood for many, many the Senator’s understanding about the pay with their own funds. To deny years. situation. them access to medical treatment they It is, quite simply, about treating Mrs. MURRAY. Mr. President, the can trust is wrong. It’s that simple. I these women fairly and equitably, and Senator from Massachusetts is abso- urge my colleagues to vote for this giving them the same rights that lutely correct. With the language as it is currently written in the DOD bill, amendment. women in this country have. without my amendment, this will force Ms. MIKULSKI. Mr. President, I rise These women are in service to their women in the military overseas—in in strong support of the Murray country—our country—overseas, pro- amendment. Bosnia, in Turkey, or in many other tecting our fundamental freedoms. This amendment will repeal the bill’s places—to go to their supervisor and But this ban would deny them the ban on privately funded abortions at request a leave. Most likely, they same freedom that women in this coun- military medical facilities overseas. would be asked to tell them why, which try are granted—the right to safe, Let’s be very clear what we’re talk- would be a very difficult situation for legal, and comprehensive reproductive ing about here today. It is a very sim- many. They would be subject to their services. ple question. Are women who are de- supervisor’s decision about whether or I urge my colleagues to support the fending our Nation women who sac- not they would be granted leave. That Murray-Snowe amendment, and strike rifice every day in military service to would put women in a very awkward this offensive language from the bill. our country going to be treated as sec- and unfair position. ond class citizens when it comes to the We have no right to ask these women I should add that, if the abortion is health care they receive? to sacrifice more than they already delayed, the woman’s life becomes The bill before us answers ‘‘yes’’ to have in service to their country. more in danger. In many cir- that question. Mr. President, that is The PRESIDING OFFICER. Who cumstances, that would be delayed if simply unacceptable. Our military yields time? she requested leave. It could be delayed women are not second-class citizens Mr. KENNEDY. Mr. President, will if she traveled to this country. If she is and we cannot treat them as if they the Senator yield 3 or 4 minutes? granted leave and traveled to this were. Mrs. MURRAY. I yield 4 minutes to country, as the Senator has stated, if Mr. President, safe and legal access the Senator from Massachusetts. the complications arise, as they can, to abortion is the law of the land. It is Mr. KENNEDY. Mr. President, I she would then be subject to having to a matter of simple fairness that our would just like to inquire of the Sen- go back to that supervisor again and servicewomen, as well as the spouses ator from Washington. If I understand ask for additional leave. and dependents of servicemen, be able the situation correctly, if a woman This is an extremely unfair situation. to exercise that right when they are were coming back to the United States, It can be rectified very easily by this stationed overseas. by and large she has to ask for leave, amendment that would allow a woman When people enlist in the Armed does she not, to be able to come back to use her own private money. We are Services, they do not choose where to the United States? not asking for taxpayer dollars. We are they are to be stationed. They go Mrs. MURRAY. Mr. President, it is saying that a woman can use her own where our military decides they are my understanding that she would have money to go into the military facility needed. They are often sent to remote to ask for leave to come back to the where we have excellent personnel locations where the only access to United States in order to have the overseas to perform a safe medical pro- quality, safe medical care is in a mili- medical procedure take place. cedure. tary facility. Mr. KENNEDY. It is my understand- Mr. KENNEDY. Finally, the point While they are sent all over the ing that there may have to be reasons was made here on the floor that the fa- world to defend our freedoms, isn’t the stated for the leave, in some cir- cility will have been built with Amer- very least we owe them the right to ex- cumstances, depending on the particu- ican taxpayers’ money and the doctors ercise the same freedoms they would lar situation. I would call that sort of are going to be paid their salary with enjoy if they remained here at home? a violation of privacy. But in some taxpayers’ money. Does the Senator By adopting this amendment we will areas, in some situations, as I under- not find the distinction between that enable military women to exercise stand it, they may very well have to and having space available on a plane their right to reproductive freedom. reveal the reasons for that leave. Or if which is paid for by the taxpayers, pi- The amendment does not involve the they were to return to the United loted by the taxpayers—does the Sen- use of any taxpayer funding. What this States and have the procedure and de- ator find that the logic is failing in amendment will ensure is the right of velop complications and needed more those who are opposed to the amend- women to obtain a safe and legal abor- time, they would have to request addi- ment to say that on the one hand it tion paid for with their own funds. And, tional leave time and, more often than looks like it is being tax supported and of course, under this amendment the not, they would have to indicate their on the other hand it is not? I have been conscience clause for military person- reasons for it. singularly unconvinced about that part nel who do not wish to perform abor- Now, of course, if a woman made the of the argument which we have heard tions would be retained. So no military decision here in the United States and time and time again this afternoon. I personnel would be compelled to per- then ran into complications, they do not see how that logic holds up to form abortions. would have to justify why they were the light of day. June 19, 1996 CONGRESSIONAL RECORD — SENATE S6465 I do not know whether the Senator abortion, and this ban would be an through her answers, these are women had some additional insight that might undue burden by placing an obstacle in who are risking their lives by joining be able to clarify that. the path of the woman seeking an abor- the military; are they not? Mrs. MURRAY. I am really glad that tion. Mrs. MURRAY. The Senator is cor- the Senator asked about the taxpayers’ So would the Senator agree that this rect. funds being used to build a military fa- certainly would represent an obstacle Mrs. BOXER. They are risking their cility. Frankly, I find those arguments in the path of a woman making this de- lives, just as the men do, to fight for very offensive because, as taxpayers in cision and having access to a safe medi- their country, and indeed may die for this country, we provide dollars for cal procedure? Because certainly a this country. Why on Earth would this many facilities across this country. combination of military regulations U.S. Senate put their health at risk? But we have singled out women who and the practical world would mean That is a major question. are overseas serving us in countries that someone who needs it, who made I ask my friend. Is there any case overseas, and have told them that they this decision, would face lengthy trav- that she knows of where a man is de- cannot use their own private dollars to el, serious delays, expenses, sub- nied a particular medical procedure? pay for a medical service in those fa- standard medical options, restricted Mrs. MURRAY. I cannot think of any cilities. We pay for many other serv- information, would have to fly home, case where a man is denied a medical ices in those facilities, but we will not and certainly in my opinion—I ask the procedure who is serving in the mili- provide an abortion for those women. Senator if she would agree—this ban tary overseas. Mrs. BOXER. I wonder what my Yet, the Senator is absolutely correct; appears to be unconstitutionally bur- friends of the male persuasion from she will have to fly back to this coun- dening the right of a woman to make both sides of aisle would be doing on try in a military plane paid for by tax- this decision because it places a num- this floor if suddenly it was the case payer dollars. She will eat meals on ber of obstacles in the way of her mak- that men could not get help when they that plane paid for by taxpayer dollars. ing that decision and having access to were stationed abroad. They would say, All of us use taxpayer dollars when we the procedures that are available here ‘‘Well, regardless of what it is, we need travel on the roads, when we use our in the United States which are legal our men in the military to be there. public schools, when we go to our col- under the law of the land. That is why we are sending them leges, when we have the police come to Mrs. MURRAY. I would agree with there.’’ Yet, they would treat women in our house, or when we have a firetruck the Senator. This places many undue such a way. come to the House. obstacles in front of the woman who is I say to my friend, what happens if a Why are we singling out women who serving in the military overseas such woman cannot get on a plane and has need a medical procedure and expand- as asking through her supervisor for to go to a hospital in a country that ing the use of taxpayers’ funds in that permission to leave. This is not some- she is stationed in? I will half answer terminology? I find that very offensive. thing anyone here has to ask for who is that. When I went to visit the troops in Mr. KENNEDY. Does the Senator serving here or who is not serving here. Saudi Arabia during the Persian Gulf find offensive as well the fact that a It means that a woman would have to war, I saw the incredible health facili- woman who is in the service is paying fly home—sometimes hours of travel, ties that they had there for our men taxpayer dollars and others who might sometimes weeks of delay in getting a and women in uniform. But what if want to use those facilities for this flight out of some of the countries such a woman was in pain, was in a sit- purpose are contributors and paying which we are asking our young women uation where she really needed help, taxes? The last time I checked on it, to serve in. It means a delay in the and she went to the facility and was they were. So here they are paying medical procedure, and it puts an told by a military doctor, ‘‘You have to their fair share of the taxes into it. But undue burden on these women which is go to a local hospital’’? I ask my friend in this particular time of medical need not faced by any other woman in this to talk about what that experience there is this arbitrary policy which country. might be like in a place like Saudi Ara- would deny the best in terms of health Ms. SNOWE. I thank the Senator for bia where women cannot even drive care. It is being denied to them. answering that question. The bottom their cars. I thank the Senator. I think she has line is we are treating these people as Mrs. MURRAY. The Senator from made a very powerful case, and others second-class citizens if they do not California brings up an excellent point. have added to it. I hope her position have access to the procedures guaran- The way the current bill is drafted, will be sustained. teed constitutionally under the law of without my amendment, it simply cre- Mrs. MURRAY. I thank the Senator the United States simply because of ates foreign back alleys for our women from Massachusetts. I will add that not the Supreme Court ruling. who are serving overseas—for those of only is that woman paying her taxes Mrs. MURRAY. They are not only us who were aware before Roe v. Wade, but she is serving our country overseas. making a sacrifice, but these are women got abortions in back alleys be- She is serving every single one of us; women who are serving our country cause they were not provided medical making us safe here at home. She de- who are every day working for every facilities. We have friends who are not serves to have us take care of her when single one of us to make our lives safe able to have babies because of a proce- she has a medical need. here. They should not be treated as dure that was performed in a back Mr. President, I ask unanimous con- second-class citizens. They should be alley. I cannot imagine this Senate and sent to add Senator BINGAMAN and Sen- treated as first-class citizens and be this Congress putting our women who ator INOUYE as cosponsors to this given the same right that every woman serve in uniform overseas at risk as we amendment. in this country has and the access to did women many years ago in this The PRESIDING OFFICER. Without safe medical procedures that they de- country. It seems to me that is really objection, it is so ordered. serve. disturbing—to create foreign back Mrs. BOXER. Will the Senator yield? I thank the Senator from Maine. alleys as this current bill does. Ms. SNOWE. Will the Senator yield Mrs. BOXER. Will the Senator yield Mrs. BOXER. I thank my friend. I say for a question? to me? that of all of the issues that we face, Mrs. MURRAY. I yield for a question Mrs. MURRAY. I yield to the Senator where women’s rights to choose have to the Senator from Maine. from California. been narrowed dramatically—if she is a Ms. SNOWE. I thank the Senator for Mrs. BOXER. I thank my friend for Federal employee, we know that right yielding. her leadership on this. I am so pleased is narrowed. She cannot use her insur- Would the present description of the she has raised this issue for the Senate. ance. But at least she is in America law place an undue burden on women As we know, this Congress is narrowing and she is here. So she will have to serving in the military overseas? In women’s right to choose. But I think make a financial sacrifice, if she exer- 1992, the Supreme Court decision about nothing would be more disturbing than cises that right to choose, which is a Planned Parenthood said that Govern- what we have before us. As the Senator legal right. ment regulations may not constitute from Maine pointed out through her I think we need to understand what an undue burden on the right to an questioning and our friend brought out is going on here in this U.S. Senate. S6466 CONGRESSIONAL RECORD — SENATE June 19, 1996 There are those who want a constitu- The PRESIDING OFFICER. Without law to make a choice about whether or tional amendment to completely out- objection, it is so ordered. The clerk not they continue a pregnancy, is that law a woman’s right to choose. They will call the roll. they will not be able, practically, to do want to make it a crime. You know Mr. COATS. Reserving the right to it; they will not be able to have an they cannot do it because the people of object, Mr. President, I am sorry. The abortion if they choose. America do not support that. So what Senator from South Carolina was ask- I am not promoting abortion. I am they are doing instead is attacking ing me a question and I did not under- saying every woman has a right under us—one group at a time; Federal em- stand or hear what was propounded. our law to make that decision. What ployee women over here one day, poor The PRESIDING OFFICER. The re- they are saying is if you happen to be women over here the next day, and quest was for a quorum call, the time stationed in a country that prohibits women who live in D.C. the third day. to be equally divided. abortion and you want, nevertheless, And today it is women who serve in the Mr. COATS. That is fine. And then to have quality service, you are re- military overseas. They are the ones the Senator is going to check to see stricted. You can choose to go to a who will be subjected to, as my friend what she has on her side and I will do back alley someplace and take the ter- says, the foreign back alley. Let me the same, and if we can come to an rible chance that involves, or else you tell you, the back alleys of America agreement we will yield back our time. can sometimes be standby on a flight were not friendly. I lived in those days. That is acceptable, Mr. President. out of that country to a friendlier I know those days. If there is anything The PRESIDING OFFICER. The place. The problem is these flights are I can do, and I know the Senator from clerk will call the roll. often filled and you could wait for Maine feels as strongly—this crosses The assistant legislative clerk pro- months—months that would, perhaps, party lines—we will make sure that we ceeded to call the roll. put a pregnancy into a stage of devel- never return to the days of the back Mrs. MURRAY. Mr. President, I ask opment that no one would want to see alley. unanimous consent that the order for terminated. I think this is just one more attempt the quorum call be rescinded. So this is a terrible imposition, I to harm the women of this country, the The PRESIDING OFFICER. Without think. We are asking people to serve. women who are sacrificing for their objection, it is so ordered. We are telling them they will be re- country. By supporting Senator MUR- Mrs. MURRAY. Mr. President, I yield warded for their loyal service. We tell RAY’s amendment, we will go a long 5 minutes to the Senator from New them they may undergo danger, they way in telling those women we respect Jersey. may in fact lose their lives, but they do they should not have to answer to an- The PRESIDING OFFICER. The Sen- so on behalf of their country. I salute other set of laws to put their health in ator from New Jersey is recognized for their bravery and their courage. But I jeopardy any more than they are put in 5 minutes. think it would be terrible at the same jeopardy in the fact they are willing on Mr. LAUTENBERG. I thank the time to say, if you need a medical serv- a daily basis to lay their lives on the Chair. I thank my colleague from ice that is available, that you are not line. Washington for giving me some portion going to be able to get it because you I thank my friend. I yield back my of the time to support the Murray- are in the military. time to her. Snowe amendment. So I hope our colleagues in the Sen- This amendment is so basic that it, Mrs. MURRAY. I thank my colleague ate will look at this realistically and frankly, kind of surprises me that we from California for a very eloquent say we are not encouraging any choice say to people who we have recruited to statement and for her support of this for anyone to make that is not totally serve in our military that you leave extremely important amendment that their own. But we are also saying if your constitutional rights on the door- sends a message to women who serve you enlist, if you raise your hand, take step; that if you need medical services our country overseas that they will be the oath, promise to serve your coun- you are willing to pay for, we are not treated equal to any other woman who try faithfully under virtually any con- going to give them to you. is a citizen in this country today. dition, that you do not lose your rights This amendment, as it is presented, Mr. President, how much time re- as a woman to make a decision that is will overturn the unreasonable, harsh available to every other woman in this mains on my side? Republican policy that prohibits serv- The PRESIDING OFFICER. The Sen- country. icewomen from obtaining abortion I yield the floor and hope the Mur- ator from Washington has 261⁄2 min- services in overseas military facilities, ray-Snowe amendment, a very utes. once again, even if they are willing out thoughtful piece of legislation, will be Mrs. MURRAY. And how much time of their own pockets to pay for these agreed to and will amend what I think remains on the other side? health services. is an egregious violation of a right that The PRESIDING OFFICER. Forty- Essentially, the current law that was belongs to every woman in this coun- eight. passed by the Republican Congress try, particularly those who join the Mrs. MURRAY. Mr. President I ask forces servicewomen to leave their con- service. my friend from Indiana if he intends to stitutional rights behind, at the wa- The PRESIDING OFFICER. The time use any more of his time? ter’s edge. of the Senator has expired. Who yields Mr. COATS. I would like to respond I am familiar, Mr. President, with time? to the statements that have been the struggle to protect constitutional The Senator from South Carolina is made, but I would tell the Senator rights of servicewomen. In 1991 and recognized. from Washington that depending on 1992, I led the fight to overturn this Mr. THURMOND. Mr. President, I whether or not she has more speakers policy. I had an amendment pass the rise to oppose this amendment. on her side, I would be prepared to Senate twice to overturn this unfair re- Last year, in both the National De- yield back a substantial amount of striction. Unfortunately, President fense Authorization Act and the De- time if we could come to agreement on Bush threatened to veto the entire de- fense appropriations bill, the Congress both yielding back time. fense appropriations bill over this pro- spoke on this issue. Both of these bills I have been approached by some vision and thus it was dropped in con- included a prohibition on performing Members who have some conflicts this ference. But the 1992 election changed abortions in military hospitals and evening and are looking for a little bit all of this. On the second day of the clinics overseas except in cases of rape, of a window. One Senator on your side Clinton administration, President Clin- incest, and where the life of the mother asked if it would be possible to yield ton restored servicewomen’s constitu- is at risk. The President signed both of back some time. So I guess I would in- tional rights by executive authority. these bills. quire of the Senator from Washington Tragically, the Republican Congress Now, Senator MURRAY is proposing what her intentions are in this regard. reversed the Clinton policy. But they that we repeal the law enacted last Mrs. MURRAY. Mr. President, I sug- are not just reversing a Clinton policy. year. I would suggest that more debate gest the absence of a quorum to be What they are saying to those individ- on abortion within the Senate is not equally divided. uals, who have every right under the going to change any Senator’s vote. I June 19, 1996 CONGRESSIONAL RECORD — SENATE S6467 hope we can agree to limit the discus- to the Murray amendment. I sit here leagues are listening. But the question sion and vote. somewhat baffled by the remarks that I posed to the Secretary of Defense is, I just want to say this. There is a I have heard, because it sounds to me have any members or their dependents question here whether you are going to as if a crisis situation exists that is in been denied access to an abortion as a have abortions wide open for any pur- immediate search of solution, relative result of the policy that the Senator pose, any time, any place, or you are to female members of our armed serv- from Washington is seeking to over- only going to have them in cases of ices and their dependents obtaining the turn? And the answer was no. rape, incest, and where the life of the right to have an abortion if they so I do not understand what the prob- mother is at risk. That is the issue chose. But the problem described and lem is. There has not been a denial of here. I think Senators ought to under- the rhetoric used to describe the situa- constitutional rights for women. There stand it. tion is totally at odds with the facts of has not been a denial of access to abor- If you want to preserve life except in the situation. tion for women. The policy has been to cases of rape, incest, and where the life The picture that has been painted is enforce a policy that was adopted not of the mother is at risk, then you op- a false picture. We are left with the just by Republicans but also by Demo- pose the amendment of the Senator perception, as presented by supporters crats, I will state to my friend from from Washington. But if you favor wide of the Murray amendment, that we are New Jersey, that taxpayers’ funds in open abortions, as I said, at any time, placing women who serve in our mili- the performance of abortions should any place, for any purpose, then, of tary in extraordinarily dangerous situ- not be used. That is a policy that has course, you support her in this amend- ations; that the policy currently in ef- been upheld by the Supreme Court, ment. fect is forcing them into foreign back which said simply because someone has Mr. President, I oppose the amend- alleys, that their health and perhaps a constitutional right to something ment. even their life is in jeopardy if we do does not mean the taxpayer has to fund The PRESIDING OFFICER. Who not immediately repeal a policy which that right. yields time? has been in place for a very substantial That case is Harris versus McCray, Mrs. MURRAY. Mr. President, I yield period of time and has caused no prob- which basically upheld the Hyde lan- 1 minute to the Senator from Virginia. lems. guage. Mr. ROBB. Mr. President, I thank the There have been no complaints reg- What we are seeking to do here is up- Chair and thank the distinguished Sen- istered by women in the military. hold the Hyde language which has been ator from Washington. I thank her for There have been no incidents of prob- adopted on numerous occasions by Re- her leadership on this particular lems relative to women being unable to publicans and Democrats, in both the amendment. have an abortion. There has been no House and in the Senate, as it applies This is a matter that we have consid- denial of constitutional rights. Yet we to use of military facilities which are ered a number of times. We are all fa- keep hearing about these terrible constructed, operated, paid for, doctors miliar with the arguments. I describe health risks that are being forced on are paid for, equipment is purchased, my position, not as pro-abortion, but women who serve in our military over- all with taxpayer money. as pro-choice. I believe that abortions seas. Terms were used: The cruel, inde- Now, if it was a valid argument that ought to be safe, legal, and rare. But I cent, inhumane policies; women have we were forcing women into foreign do not think, under any circumstances, been victimized; it is extreme policy. I back alleys, I think that is a legiti- that we ought to deprive those people just wrote down some of the things mate question for us to address, be- who happen to be stationed overseas that were said. ‘‘Placing huge obstacles cause these women are serving in the from having the same legal and safe in front of women.’’ interest of their country and they are medical procedures that are available That just simply is not the case, Mr. being deployed to places that would to those of us here in the United President. Those are not the facts. If not necessarily be a place of their States. those were the facts of the situation, choosing. I respect the very significant dif- there might be a basis for at least de- But that is not the case, because the ferences of opinion for ethical, moral, bating, in seriousness, the Murray Department of Defense will provide and religious reasons that many hold. amendment. transportation back to whatever place This is not asking that the Federal I would like to quote from a response that woman wants to go to, and I do Government provide any funds. It sim- to a letter that I sent to the Assistant not know of anybody who has to wait ply is allowing those folks who are sta- Secretary of Defense to try to ascer- weeks for that transportation, because tioned overseas to use the facilities. tain the facts of the case. I asked him I asked that question also of the As- With that, Mr. President, I yield the several questions. I said: sistant Secretary of Defense: floor. Has the Department of Defense had any Have any members or their dependents The PRESIDING OFFICER. Who difficulty in implementing the current pol- been denied access to military transport for yields time? icy? the purpose of procuring an abortion? Mr. COATS. I have been discussing That is the policy in effect that basi- The answer is no, none. Nobody has with the Senator from Washington the cally said military facilities will not be filed a complaint saying they have timing here. I have some responses I used to perform abortions on the basis been denied access. Nobody has raised a would like to make to statements that of an elective abortion, not an abortion question saying they have had to wait have been made. I do not anticipate in terms of a need for abortion, but an weeks. No one has said, ‘‘I have been that will take more than 10 minutes at abortion which is simply elective, a forced into a back alley.’’ They have the most, probably less. I know the woman wanting an abortion. had the opportunity to seek legal, safe Senator from Washington has indicated Has the Department had any difficulty in abortions without risk to their health. an interest in just taking a couple of implementing the current policy? If there is a risk to their health in minutes to wrap up the debate in sup- Answer: No. such a way that it endangers their life port of her amendment, at which point, Have any formal complaints been filed con- or potentially endangers their life, or I believe, we would both be ready to go cerning this policy, to the best of your the abortion is as a result of a rape or to a vote. knowledge and information? incest, then that woman can obtain an I say that to notify Members, who The answer: No; no formal com- abortion from a military facility. We may be watching the debate who are plaints have been filed. do not want to deny them that oppor- interested in when we will vote, it ap- Have any legal challenges been instituted tunity in that situation. That is an pears we will vote earlier than the time concerning this policy? abortion that is needed. originally projected, in terms of the 2- The answer: No. But an abortion that is just simply hour debate, maybe as early as the Have any members or their dependents wanted, for whatever reason, we are next 10 or 15 minutes. I just say that to been denied access to an abortion as a result simply saying we do not believe the alert Members. of this policy? taxpayers should have to fund an abor- I would like to respond to some of I think that is a very important tion simply because a woman wants an the things that have been said relative point here. I am not sure our col- abortion. Now, if that woman wants an S6468 CONGRESSIONAL RECORD — SENATE June 19, 1996 abortion and she has the right to get with her God, with her doctor, with her denied transportation, denied the op- that abortion under the law, we are not family, you do not put her on a plane. portunity to get the abortion that they denying her that right. That is not an elective procedure. seek. We can deal with the other issue It is just difficult for me to under- My friend can view it a different way, at another time. But to characterize stand the rhetoric that is used by peo- but I seriously question the fact that this policy as cruel, indecent, inhu- ple who say we are taking away the this is an elective procedure when a mane, the denial of women’s rights, constitutional rights of women. woman finds herself in this cir- dangerous, back-alley foreign abor- (Mr. GORTON assumed the chair.) cumstance. tions simply, I think, does not charac- Mrs. BOXER. Will the Senator yield Mr. COATS. Mr. President, the Sen- terize and should not characterize this on that point? ator from California and I, obviously, debate because that is not what this Mr. COATS. I will be happy to yield have a difference of opinion on this. issue is about. for questions from the Senator from Let me see if I can refocus the debate. Mr. LAUTENBERG. Will the Senator California. The question here is not over a wom- yield for a question? Mrs. BOXER. I say to my friend, I an’s right to choose. The question is Mr. COATS. I will be happy to yield. thank you for yielding. not over whether a woman has the Mr. LAUTENBERG. What happens if The issue here is equal treatment right to an abortion. While the Senator the woman wants to have the proce- under the law, basically. You have a from California and I disagree on the dure done—the Senator has agreed that man who has to have a procedure per- current legal status of that question, under present law she can request formed that is a legal procedure. No the Supreme Court has granted a that—in a country that has a prohibi- one tells him he has to get on a plane. woman the right to an abortion. That tion within their population? That No one asks him all the details. No one is not the issue that we are debating. eliminates medical service there. puts him on a plane, takes him out of That is not what this amendment is The Senator further says that you his duty station, flies him back. I tell about. cannot use the military medical facil- you, if you did that to any one of these This amendment is focused on a fair- ity because of the fungibility of funds. Senators here who might have been in ly narrow question, and that is whether Would the Senator be willing to say to the military, you would antagonize or not taxpayers’ dollars ought to be the military, that you must guarantee every man on this Senate floor. used to provide abortion for women that a flight be made available within You are not treating a woman who who serve in the military. There would a 3-day period, a 5-day period, to a U.S. wants to get a medical procedure in the be a problem here in denying a wom- military medical facility that will ac- commodate her need and to make sure same fashion. You may not like it, my an’s access to abortion and perhaps im- that that trip can be arranged within a colleague, and I respect your view and peding her constitutional rights if others on the Senate floor who I see 5-day period? there were not alternatives available Would the Senator be willing to guar- here who want to take away a woman’s to that particular woman. antee, since the Senator says he has no right to choose, who want to take But there are alternatives available. interest in stopping the procedure—his women back to the old days, but the And the Department of Defense has concern is about the fungibility of the point is: How do you justify treating a made sure those alternatives are avail- funds—that we would guarantee that woman who wants a legal medical pro- able. There is no recorded case in the this individual would have access to an cedure different than a man who wants Department of Defense where there was abortion, respecting the rights, by the a legal medical procedure? ever a complaint raised. That is why I way, of any conscientious objection by I see my friend from Pennsylvania said this seems to be a solution in a physician who might not want to do smiling about this. He may find it very search of a problem. If we had a docu- it or medical personnel? amusing, but I might just say to my mented series of a list of problems— Mr. COATS. If that was a problem, it friend—— Mrs. MURRAY. Mr. President, will is something that we might want to Mr. COATS. Mr. President, I ask the the Senator from Indiana yield for a consider. But according to the Depart- Senator from California what her ques- question? It is only to ask about time. ment of Defense, it is not a problem, tion is. Mr. COATS. I do not wish to use a never been a problem. Again, it is a so- Mrs. BOXER. Yes, I ask my friend, whole lot of time. But I was asked a lution, a mandate, that is not nec- how does he justify treating a woman fairly provocative question, and I essary because there has never been a who wants to get a legal procedure in a thought I would give the answer. problem with that. different fashion from a man who Mrs. MURRAY. We want to give our If a woman in the military is in a wants to get a legal medical procedure? Members a time agreement. How much country that does not provide abor- Mr. COATS. Mr. President, in answer more time does the Senator need? tions by law, obviously that woman is to the question of the Senator from Mr. COATS. I am hoping to wrap up free to travel to another country or California, I state to the Senator from very shortly. back to the United States. In the case California that there is a whole list of But I hope when Members come over of—I am not even sure of what Italy al- elective procedures that is not covered here we can separate fact from fiction. lows, but if you are stationed in Italy, in military hospitals, not covered by I hope Members will look at the facts you usually travel to Germany to get military medicine, depending on the of the case and make a decision on that an abortion or a neighboring country. size of the facility, depending on the lo- basis, rather than look at the fiction It is just not a problem. I do not think cation of the facility, and, frankly, that has been provided to us today by we need to legislate something that is there are a series of things that are not proponents of the amendment, because not a problem. covered, so men are denied elective this is not a question of a woman’s Mr. President, I am prepared to yield procedures in a number of instances. right to choose. That is a separate to anyone else that seeks time. But I So it is not a question here of equal question. We can debate that. We are think we are just replowing old ground treatment under the law, that this is not debating that today, at least I did here. If the Senator from Washington the only medical procedure not allowed not think we were debating that today. wants to wrap up, we can notify our to people who serve in the military. We The issue here is simply whether or colleagues that within a very short are simply saying, and I think the Sen- not a woman in the military should use time we expect a vote. I am going to ator has not addressed the point, we a military facility for an elective abor- move to table as soon as the Senator are simply saying that in the question tion, paid for by her funds for the cost from Washington is finished. of the utilization—Mr. President, is the of the procedure, but impossible to sep- Mrs. MURRAY. Mr. President, if the Senator interested in my answer? arate from the use of taxpayer funds in Senator from Indiana is willing to Mrs. BOXER. I say to my friend, very constructing, operating, hiring doctors, yield back time, I will use 30 seconds. seriously, if you look a woman in the purchasing equipment, and the other Mr. COATS. Mr. President, I am eye who decides to exercise her legal associated costs with taxpayer funds more than willing to do that. I will right to choose, that she has a certain provided in military hospitals. yield back my time. frame of time in which to make that The military has no recorded evi- The PRESIDING OFFICER. The Sen- painful, difficult, personal decision dence of anybody being denied access, ator from Indiana has yielded back his June 19, 1996 CONGRESSIONAL RECORD — SENATE S6469 time. The Senator from Washington is Reid Shelby Thompson immediately. I hope that the other side Roth Smith Thurmond recognized for 30 seconds. Santorum Thomas Warner understands. There is an objection on Mrs. MURRAY. Thank you, Mr. the other side. But I do not believe this President. NAYS—51 amendment should take too long. I Once again, I urge my colleagues to Akaka Feinstein Mikulski would be glad to enter into a time Baucus Frahm Moseley-Braun vote for this very simple amendment. Biden Glenn Moynihan agreement at any time during this dis- It will allow our women who serve in Bingaman Gorton Murray cussion. our military overseas to use their own Boxer Graham Nunn Mr. LEAHY. Will the Senator yield Bradley Harkin Pell without losing his right to the floor? private funds to get a safe, legal abor- Brown Hollings Pryor tion in our military facilities overseas. Bryan Inouye Robb Mr. MCCAIN. I ask unanimous con- We have talked a lot about the Byrd Jeffords Rockefeller sent to so yield to the Senator from women in our military, but this also Campbell Kassebaum Sarbanes Vermont without losing my right to Chafee Kennedy Simon the floor. affects the wives and the daughters of Cohen Kerry Simpson our servicemen who serve overseas. Conrad Kohl Snowe The PRESIDING OFFICER. Without They, too, should have the ability to Daschle Lautenberg Specter objection, it is so ordered. Dodd Leahy Stevens Mr. LEAHY. Mr. President, I do not have a safe, legal procedure. Dorgan Levin Wellstone I have heard that no complaints have Feingold Lieberman Wyden have a particular position on this one. I would be delighted with whatever been filed. But I tell my colleagues NOT VOTING—4 that this puts a woman in a very seri- time agreement we might enter into. Bumpers Grams But I see the deputy Republican leader ous position, if she does complain, and D’Amato Kerrey she is in the military. It could have ca- on the floor. I am just wondering with The motion to lay on the table the reer implications. And it could have time agreements and all if we might amendment (No. 4059) was rejected. personal implications. It does not sur- have some idea. What is the schedule Mrs. MURRAY. Mr. President, I prise me that the Senator from Indiana tonight? For those of us who have faint move to reconsider the vote. glimmers of family-friendly situations, has not heard of any complaints. But I Ms. MOSELEY-BRAUN. I move to assure you, this does put women’s lives I just wonder. I am perfectly willing to lay that motion on the table. continue to vote for the rest of the in jeopardy. It puts obstacles in front The motion to lay on the table was of them that clearly violate their equal evening, or stack votes. I am not the agreed to. one to make that choice. I wonder if protection under the law. Mr. Presi- The PRESIDING OFFICER. The dent, I urge my colleagues to support someone could give us an idea. question is on agreeing to the amend- Mr. MCCAIN. I ask unanimous con- this amendment, and I yield back my ment. additional time. sent to yield to the Senator from Okla- The amendment (No. 4059) was agreed homa for purposes of answering. The PRESIDING OFFICER. All time to. is yielded back. The PRESIDING OFFICER. The Sen- Mrs. MURRAY. Mr. President, I ator from Oklahoma. Mr. COATS. Mr. President, I move to move to reconsider the vote. Mr. NICKLES. Mr. President, there table the pending amendment. Ms. MOSELEY-BRAUN. I move to has been no formal agreement. I will Mrs. MURRAY. Mr. President, I ask lay that motion on the table. tell my colleagues that we are trying for the yeas and nays. The motion to lay on the table was to complete this bill. We have a lot of The PRESIDING OFFICER. Is there a agreed to. amendments. I understand the request sufficient second? There is a sufficient Mr. MCCAIN addressed the Chair. of the Senator from Vermont. I think second. The PRESIDING OFFICER. The Sen- it is the intention of the majority lead- The yeas and nays were ordered. ator from Arizona is recognized. er to press on tonight, probably until— The PRESIDING OFFICER. The AMENDMENT NO. 4060 this time has not been announced but I question is on agreeing to the motion (Purpose: To reduce the amount authorized will guess until about 9 o’clock and to lay on the table the amendment by to be appropriated for military construc- then probably continue later to stack the Senator from Washington. The tion in order to eliminate authorizations of votes for a later time. It is vitally im- appropriations for certain military con- yeas and nays have been ordered. The portant that we move forward. clerk will call the roll. struction projects not included in the Ad- ministration request for such projects for I will consult with the majority lead- The legislative clerk called the roll. fiscal year 1997) er and will report back very soon. Mr. NICKLES. I announce that the Mr. MCCAIN. Mr. President, I send an Mr. LEAHY. I thank my friend from Senator from New York [Mr. D’AMATO] amendment to the desk and ask for its Arizona for making it possible to make and the Senator from Minnesota [Mr. immediate consideration. that inquiry of the Senator from Okla- GRAMS] are necessarily absent. The PRESIDING OFFICER. The homa. Mr. FORD. I announce that the Sen- clerk will report. Mr. MCCAIN. Mr. President, I ask ator from Arkansas [Mr. BUMPERS] and The legislative clerk read as follows: unanimous consent to yield to the Sen- the Senator from Nebraska [Mr. The Senator from Arizona [Mr. MCCAIN], ator from Illinois for 3 minutes. ERREY K ] are necessarily absent. for himself and Mr. GLENN, proposes an The PRESIDING OFFICER. The Sen- I further announce that, if present amendment numbered 4060. ator from Illinois. and voting, the Senator from Arkansas Mr. MCCAIN. Mr. President, I ask Mr. SIMON. Mr. President, if I may [Mr. BUMPERS] would vote ‘‘no.’’ unanimous consent that reading of the suggest to the new leadership over The PRESIDING OFFICER. Are there amendment be dispensed with. there, as one who is not going to be any other Senators in the Chamber de- The PRESIDING OFFICER. Without around here too long, I think we ought siring to vote? objection, it is so ordered. to accommodate families as much as The result was announced—yeas 45, The amendment is as follows: possible. So in the evenings when you nays 51, as follows: At the end of title XXVII, add the follow- can stack the votes I think it is desir- [Rollcall Vote No. 163 Leg.] ing: able to do so. I just pass that along and YEAS—45 SEC. 2706. REDUCTION IN AUTHORIZATION OF suggest it to the new whip. I congratu- APPROPRIATIONS FOR CERTAIN late him publicly on that. I see that Abraham Exon Inhofe MILITARY CONSTRUCTION Senator CRAIG is here. I think to the Ashcroft Faircloth Johnston PROJECTS NOT REQUESTED BY THE Bennett Ford Kempthorne ADMINISTRATION. extent that you can accommodate fam- Bond Frist Kyl Notwithstanding any other provision of ily life here it improves the United Breaux Gramm Lott Burns Grassley Lugar this division, the total amount authorized to States Senate. Coats Gregg Mack be appropriated by this division is hereby de- Mr. NICKLES. Mr. President, I appre- Cochran Hatch McCain creased by $598,764,000. ciate the comments of my colleague Coverdell Hatfield McConnell Mr. MCCAIN. First of all, I would like from Illinois. I might mention the Sen- Craig Heflin Murkowski DeWine Helms Nickles to say that I am perfectly agreeable to ator from Arizona asked for a time Domenici Hutchison Pressler a time agreement to be entered into limit on his amendment. If Senators S6470 CONGRESSIONAL RECORD — SENATE June 19, 1996 and opponents of amendments are will- projects remains the same. During the struction projects? I will tell you, Mr. ing to enter into time agreements, it markup of this legislation in the President, the answer is simple. Be- makes it a lot easier to stack votes. So Armed Services Committee the Readi- cause some of these 1998 projects were for us to be cooperative, I share the ness Subcommittee recommended a not in the State or district of powerful concerns to be more family friendly, plus of $100 million for high priority members. It is that simple. There can and if it is possible for us to stack housing projects that the Secretary of be no other reason. Instead, we are votes for this evening so there might Defense had come over and sought ad- reaching 4 years out in the future be time for people to have dinner with ditional funding for. But the sub- years’ defense plan, into the next cen- their families, or something, but to do committee allowed the Department of tury, to find 29 projects that are that it is really essential to have time Defense to determine the allocation of planned in the States of members of agreements and have a couple of other these projects by military priority, not the Armed Services Committee. amendments in order. So if we have by location in any particular Senator’s Let me repeat. I will be very frank. maybe some more help in reaching State. We are reaching 4 years ahead in the those time agreements and ordering Senator GLENN and I both voted future years’ defense plan, into the the next amendment, that would cer- against the addition of this $600 million next century, to fund 29 projects that tainly be of help. in unrequested military construction are planned in States of members of Mr. MCCAIN addressed the Chair. when the amendment was offered in the Armed Services Committee. The PRESIDING OFFICER. The Sen- our markup. Not surprisingly we lost Let us be realistic. This bill is $1.7 ator from Arizona. that vote. billion above the defense budget target Mr. MCCAIN. Mr. President, if I Mr. President, this is a very disturb- set in the fiscal year 1997 budget reso- might additionally comment, we are ing, unpleasant, and in some ways lution. That means we will have to cut reaching the point in the process we go alarming situation that has been going out some of the programs added in this through where it is about time we got on for some time. Since 1990, the Con- bill when we get to conference with the hold of all of the amendments and start gress has added more than $6 billion to House. trying to negotiate time agreements on the military construction accounts. I Will military construction be part of them. Obviously, the gestation period want to repeat—$6 billion to military those cuts when we reach our negotia- is a couple of days. We need to move construction accounts. This bill adds tions with the other body? I do not forward with that part of this process another $600 million for unrequested think so. Instead, we will probably end of getting this bill through the body. projects. At the same time the overall up cutting some of the high-priority Mr. President, I would like to say defense budget has declined by more adds for much needed modernization again to my friends on the other side of than 40 percent despite our recent ef- equipment that will enable our troops the aisle that I would be glad to enter forts to increase funding. to fight and win in future conflicts. into a time agreement on this amend- Mr. President, let me explain that With the authorizers and appropri- ment at any time during the discussion again. While we have increased over ators adding $900 million to the mili- of this amendment. As far as I know, the request of the Defense Department tary construction request, I predict the the Senator from Ohio is the only some $6 billion in unrequested military outcome of our conference will be an other speaker I have on this amend- construction projects—some of them agreement to fund most of what is in ment; at least who is in favor of it. We the most outrageous, including, for ex- either bill, or more than $1 billion in would be glad to enter into a reason- ample, a foundry at a base that is being unrequested projects. After all, that is able time agreement at any time. closed; construction of a health care fa- the only way to keep everybody happy. Mr. President, I would like to de- cility at a base where down the street Mr. President, I am tired of seeing us scribe the amendment and make a few is another health care facility where acquiesce to a practice which only comments on it. they could have put lifetime member- feeds on itself. Until we instill some The amendment would cut nearly ships for every member of that mili- discipline in our own markup process $600 million which was included in the tary base; to the addition of a runway by resisting the temptation to add bill for unrequested military construc- at a base where not far away is a very money simply because it serves our tion and family housing projects. I am large, one of the largest airfields in the constituents, we cannot expect the De- somewhat gratified to learn that the world. The list goes on and on. We have partment of Defense to exercise dis- close scrutiny focused on military con- added $6 billion to the military con- cipline in resisting efforts to spend de- struction pork has at least forced a de- struction accounts while the defense fense dollars on unnecessary non- gree of control on the process. Most of budget overall has decreased by some defense projects. the projects in this additional add-on 40 percent. Mr. President, we have made progress of $600 million meets four of our five Mr. President, we cannot do that for in reducing the total amount of pork- criteria stated in the sense-of-the-Sen- a whole variety of reasons, including barreling in the defense budget. Last ate language. maintaining credibility with the Amer- year, about $4 billion of the total $7 bil- These criteria are that the mission is ican people as to the need for their tax lion that was added to the defense essential for, in 11 instances, quality of dollars which are earmarked for de- budget was wasted on pork-barrel life not inconsistent with the BRAC fense, to be spent on defense. projects like new attack submarines, process in the future years defense Let us look at the priority of these research project earmarks, medical plans except when only designed money added projects in the overall budget of education programs, and, of course, is authorized and executed in fiscal the military construction. Of the total military construction add-ons. This year 1997. Twenty-five of the added of 115 added projects 72 of them were year, we are only wasting $2 billion. projects do not meet some other cri- planned for the year 2000, or later. In But $2 billion is a lot of taxpayers’ dol- teria. However, 10 of these are quality fact, 14 of these projects were not any- lars to waste. of life improvements, and the balance where in the future year defense plan; How do we explain to the American received only planning and design fund- nowhere. Nowhere could 14 of these people why we need to spend $11 billion ing. But, Mr. President, none of the projects be found. Of the $600 million more for defense this year when we are projects that were added in this bill added for the unrequested projects, al- spending $2 billion for projects that do meet the fifth criteria; that is, there is most $350 million for these 72 projects little or nothing to contribute to our an offset by a reduction in some other was planned for the next century—were Nation’s security? defense account. planned for the next century, not this For the sake of ensuring public sup- These are simply $600 million add- century. Surely projects planned for port for adequate defense spending now ons. I appreciate the fact that every ef- the year 2000, 2001, 2002, or later are not and in the future, let us stop this prac- fort was made to adhere to some credi- as vital to the services as those that tice now. I urge my colleagues to vote ble criteria in selecting the projects for are planned to be included in next to cut out the $600 million in unneces- these add-ons. But my objection in year’s defense budget. Why did we not sary military construction spending. principle to adding funds for focus on fiscal year 1998 projects, if we Thanks to organizations such as the unrequested military construction are going to add these military con- Citizens Against Government Waste, June 19, 1996 CONGRESSIONAL RECORD — SENATE S6471 Citizens for a Sound Economy, the Na- And, is the project consistent with base that. But these were not the priorities tional Taxpayers Union, and talk show closure action? that the administration established or hosts all over America, the American The committee received requests the Defense Department established or people are becoming increasingly from 62 members for construction the Army, Navy and Marine Corps es- aware of what kind of a process we are projects totaling more than $1.6 billion. tablished as what they would rather in. We might have had some rationale Of the projects requested, $730 million have if the $600 million was available back in the 1980’s when we continually met the committee’s criteria. However, to be spent for whatever. These are increased the defense budget, when because of the funding priorities, the things that Members of Congress just money for defense was quite readily committee agreed to fund only the decided in their own wisdom to put in. available, but what we have experi- highest priorities and those that would As the Senator from Arizona has indi- enced in the last 7 or 8 years is a dra- contribute to readiness and to the cated, too many times it appears that matic cut in defense spending, and yet quality of life of our soldiers, sailors, these efforts to put good things in just the spending on unnecessary and un- airmen, and marines. happen to be in the home district or wanted projects goes up. At some Mr. President, I want to point out just happen to be in the home State. point, this is going to have to stop. I that more than $200 million of the $700 They just happen to be add-ons that all hope it is now. It probably will not be. million is dedicated to quality of life total up to $600 million. So when we There are enough projects in here improvement projects such as barracks talk about balancing the budget down that there will be more than enough and family housing. Another $170 mil- here, are we going to walk the walk as votes to defeat this amendment. But it lion is dedicated to training and readi- well as talk the talk? That is basically is not fair. It is not appropriate. ness facilities. These are projects that what we are talking about. Let me point out that we still have the administration could not fund be- Some years ago here, I think it was 3 problems with our equipment. We do cause it chose to reduce the military or maybe 4 years ago, this idea of the not have sufficient airlift and sealift construction budget by almost $1.5 bil- pork creeping into every defense au- and amphibious capability. According lion below the amount requested in fis- thorization bill had become so ramp- to the Chairman of the Joint Chiefs of cal year 1996. ant, had become so out of control, that Staff, we are underfunded as far as Finally, I want to address the com- the Senator from Arizona and I started force modernization is concerned by ment in the statement of administra- a policy. We got this through as sort of tion policy regarding this bill. The ad- some $21 billion this year, and yet we sense-of-the-Senate language that any ministration states that projects for are going to spend billions of dollars on add-ons would have to meet some cri- $95 million are not in the services long- these unwanted projects. teria. We would use these as a bench- range plans. It included such facilities I do not expect to win on this amend- mark. That does not mean they should as the troop barracks in Germany and ment, but I want to inform my col- go in if they met these five criteria; it the family housing construction in leagues that I will not quit on this just means we had to make a com- England. These projects that amount issue. I have an obligation to the men promise and stop some of the runaway to more than $25 million were among and women in the military and the tax- pork that was put into this legislation the highest priorities on the list of un- payers of America to continue to venti- every year. funded projects submitted by services. late this issue. So what did we do? We put in several The remaining projects were equally I am also pleased that we passed the criteria. It had to be mission-essential justified. line-item veto this year, which will go Mr. President, the $700 million added for the long term, the future; No. 2, it into next year, and next year, in part- by the committee are justified and are could not be inconsistent with BRAC, nership with my colleague from Ohio, in the best interest of our national se- the base closure procedure; it had to be we are going to at least send a list over curity. I urge the Senate to support the in the 5-year defense plan; it had to be to the President of the United States committee and vote against the executed in the next fiscal year or at for his consideration so we can cut out McCain amendment. least start the contract then; and, No. this practice which clearly the Con- Mr. President, I yield the floor. 5, it had to be offset by a reduction in gress of the United States does not The PRESIDING OFFICER (Mrs. some other defense account if you are have the courage to do. HUTCHISON). The Senator from Ohio. going to make an add-on. With that, Mr. President, at this Mr. GLENN. Madam President, there That does not mean if it met these point I yield the floor. is not a single Senator here who does five criteria automatically you should Mr. THURMOND addressed the Chair. not go back home and talk all the time try to put it in and goody-grab in the The PRESIDING OFFICER. The Sen- about how we want a balanced budget. budget or authorization bill if it meets ator from South Carolina. We want a balanced budget very badly. those five criteria. We set these cri- Mr. THURMOND. Mr. President, Sen- We have the President’s plan we put teria because that stopped some of the ator MCCAIN and I usually are on the forward in 1993, we have the Demo- even more rampant requests, things same side, but in this particular case cratic plan, Republican plan, and we all that were put in the budget back then we are on opposite sides. take great pride in how we want to bal- that were even worse than the things I rise to oppose Senator MCCAIN’s ance the budget. Yet, when it comes we see right now. amendment to strike the funding for down to actually doing something What happened when we take this $598 million for military construction practical, if it impinges just a little bit sense-of-the-Senate criteria and apply projects added to the defense author- in our area, or if we are not able to it this year? Madam President, 25 ization bill during the Armed Services bring home some of the pork we would added projects do not meet some of the Committee markup. Senator MCCAIN like to bring home, pump up the way criteria. It does not mean they do not has been persistent trying to eliminate people look at us back home, then our meet some of them; they do. Are any of defense spending that he believes is un- talk about budget balancing gets pret- them offset by our defense accounts? necessary and I applaud him for his ty thin around here. That is what we No, they are not. They do not meet persistence. are talking about and that is what Sen- that criteria at all. But the basic objec- Mr. President, we have screened the ator MCCAIN has been addressing. tion is just in principle, adding funds projects that Senator MCCAIN is at- This amendment would cut nearly for unrequested military construction tempting to strike with the Depart- $600 million which was included in the projects. Our objection to it remains ment of Defense. They all meet the cri- bill for unrequested military construc- the same. teria that both Senator MCCAIN and tion. These are things the Pentagon did During the Senate Armed Services Senator GLENN worked so diligently to not say they needed. These were things Committee markup, as an example, our set up. For the benefit of all Members the administration did not say we subcommittee, which Chairman that criteria are as follows: Is the needed. We did not have to have this MCCAIN chairs and which I am the project in the future year defense plan? money in there. These are add-ons, ranking minority on, we recommended Can construction on the project begin strictly add-ons. some additions in the subcommittee to in fiscal year 1997? Is the project mis- Granted, many of these are going to be passed by the full committee. They sion essential or a quality of life issue? family housing projects and things like were substantial increases in areas we S6472 CONGRESSIONAL RECORD — SENATE June 19, 1996 had discussed with the Pentagon. They Members just succeeded in getting that road intersection, or I got some- thought they could use some more something in for their States or their thing in there that is part of this $600 money in these areas so we rec- home districts? million. ommended in the subcommittee some MilCon is probably going to be the Are we doing this for campaign pur- additions of about $100 million, addi- last thing that gets cut. So we will poses or are we doing it because the tions for high priority housing wind up, instead of spending some of Pentagon really needs this as a prior- projects—we agreed on that. But the this $600 million for much-needed mod- ity item to really fulfill our defense subcommittee allowed the Department ernization equipment that we will real- needs? of Defense to determine the allocation ly need if we get into any future con- Most of these things, by that cri- of those projects. We did not look flict, we are going to spend it for these teria, do not even deserve to be talked around the room and say, ‘‘What Sen- other things that were add-ons that about as far as being necessary. Most ator is here we can please? What Sen- people wanted for their particular area. of them are add-ons that are favors to ator can we help get reelected? What As I understand it, the House has al- particular Members, and we know it, Senator can we do a favor for?’’ ready passed their bill. They added, in and anybody who works on this legisla- No, we put that money in because the their bill, some $900 million to the tion knows it also. Defense Department indicated they MilCon request, almost $1 billion. You So I say, let us just keep after this. I could use it, and they could make the know what is going to come out of the know Senator MCCAIN is committed to choice, they could make the choice on conference. What usually comes out of keeping after it. I am, too. I believe he where the greatest need was. That was the conference—not cutting back on wants to call for a rollcall vote on this, our basic criteria in markup this year, those MilCon projects, because that and I certainly support that. and I think it was a very sound one. would offend some members of the For all the reasons I have stated Let DOD decide where their greatest committee who were just successful in above, I support this. I urge our col- need is, not try to come back and do a getting these projects in for their home leagues to put the budget ahead of favor for one or more of our Members. State. their own parochial interests, perhaps. Senator MCCAIN and I both voted So we are looking forward to a con- He and I have not added things in for against additions of the $600 million in ference committee which usually will our own State on this. I have not added unrequested MilCon when it was of- not cut these accounts. So if we are a thing. There are things in here for fered in our markup. But we lost that going to cut them, it is going to have Ohio, but not that I asked for. I think vote, obviously. What is the cumu- to be here, and it will have to be done he is in the same status, as far as Ari- lative effect of all this? Since 1990, it with the proposal of the Senator from zona goes. has added up to real money, as some Arizona, his proposal that I support So we are walking the walk on this would say here. This is not just pea- very, very strongly. It is not easy to be ourselves. We are not just talking nuts anymore. Since 1990, we have out on point, trying to do something about this and talking against someone added more than $6 billion—$6 billion— like this. I will say that. He and I have else and goody grabbing ourselves. This to MilCon accounts. Now we are going both received a lot of flak over the past is something we feel strongly about. to add another $600 million in 3 or 4 years as we have tried to cut We feel this $600 million was not re- unrequested projects with what we are back some of these things. We have had quested, and we think when you look doing here. Members come back to us and criticize at it that we can do without these Our overall defense budget has gone us, criticize us for being unfair and all things and, hopefully, get the Pentagon down meanwhile, so, when we make sorts of things. I do not have any prob- to prioritize what they want and sup- add-ons like this, they assume a more lem at all standing for some of these port their budget, not what we can add important role than they would have cuts. We have been proud to make this on over here. even normally, because they become a effort. I yield the floor. greater percentage of what our total I will say this: I think we have been Mr. REID addressed the Chair. military expenditures are. The defense somewhat successful with this in re- The PRESIDING OFFICER. The Sen- budget has gone down about 40 percent, ducing the total amount, the total ator from Nevada. yet we are going ahead with these amount through the years that people Mr. REID. Madam President, I cer- things that benefit primarily our Mem- have requested. I will not say we have tainly would never question the good bers. scared people off, but let us say we intentions of my friend from Ohio or The priority of these added projects? have made some of them think twice, the Senator from the State of Arizona, Do we need them now? It is my under- anyway, about some of these things. So but I think it is important to know standing that, of the 115 added the requests have been going down, and that the chairman of this subcommit- projects, 72 were planned for the year we can probably point to where, com- tee, the junior Senator from the State 2000 or later. That does not make them pared with last year, we probably have of Montana, is not known for being a very necessary right now. In the gone from about $4 billion you can big spender. He came to the U.S. Sen- unrequested projects, almost $350 mil- point to as questionable down to only ate with experience in the State of lion out of the $600 million was added about $2 billion this year. Is that good? Montana working at the county level. for these projects that are planned for No, it is not very good. But it is better There he was known for his frugality. after the turn of the century. No won- than we thought we might do last year, He has acted the same way as chair- der the Defense Department did not re- I will say that. So maybe we are having man of this subcommittee. quest things like this. No wonder there an impact. Maybe we are heading, real- Everyone should recognize that the were higher priorities in the defense ly, in the right direction. amount that we are going to have budget. But what it comes down to is, are we marked up in our bill tomorrow is $200 So, why do we put these in? Although going to talk about budgets and talk million less than what the House has, we objected, they are put in mainly be- and talk about budgets and act as and I do not think the House is known cause particular Members want to do though we are doing something around for spending lots of money. Our sub- something in their States. They want here all the time and worry about little committee is coming with less money to bring home the bacon. We must be tiny amounts, comparatively speaking, than has been requested and authorized realistic. This bill is $1.7 billion above in the budget? Or are we going to real- and appropriated by the House. the defense budget target set in the fis- ly do something about it? All of our colleagues should under- cal 1997 budget resolution now. That Here is what we do when it comes to stand that the money that is the so- means we have to cut out some of the trying to get something for our own called add-ons meet the so-called programs added, and when we get to States, or Members of the House of McCain criteria. The distinguished conference with the House, how are we Representatives trying to get some- Senator from Arizona said that if there going to do that? What is going to be thing for their districts so they can are going to be add-ons, they should cut? Will these be out of the procure- point with great pride, make a headline meet certain criteria. If there is going ment accounts? Is that what we are when they are up for reelection: I to be money appropriated, they should going to do? Will MilCon be cut when brought back the park on this. I got meet certain criteria. June 19, 1996 CONGRESSIONAL RECORD — SENATE S6473 We have met every one of the criteria Of the $600 million talked about in the chairman of this subcommittee has in every one of the matters being ques- construction projects that this amend- worked very hard, along with the mem- tioned. ment would eliminate, $368 million, bers of the subcommittee, to come up What are those criteria? That there about 60 percent of this amount, is des- with something that is fair. There is be a 5-year plan. Everything in our bill ignated for construction of National talk about if these add-ons were added meets that plan. Every element in Guard and Reserve projects. Remem- on—people used the term ‘‘pork.’’ these so-called add-ons are within the ber, the administration requested the Maybe, Madam President, what we 5-year plan. sum of $7 million for the Army Na- need to do is talk about some of these Second is that they be the top prior- tional Guard and military construc- so-called pork projects, projects that ity of the base commander. We have tion. allow our Guard and Reserve to survive met that criteria. In addition to the $368 million, about and allow the quality of life for our That the add-ons be mission essen- 60 percent, as I have indicated, for Na- armed service members to be enhanced. tial. We met that criteria. tional Guard and Reserve, we have re- If that is pork, then we have $600 mil- That the site has been selected for quested an additional $189 million lion of pork, because the $600 million the construction. That criteria has which is directly designated to build will allow our Guard and Reserve to been met. military family housing. Why? To im- survive and will enhance and improve Finally, it can be executed in this fis- prove the quality of life of our service the quality of life of the men and cal year. That criteria has been met. members. women who serve us in the military. We have met the McCain criteria, not Nearly all of this $600 million reduc- Mr. BURNS addressed the Chair. in some instances but in every in- tion directly attacks the projects that The PRESIDING OFFICER. The Sen- stance. the administration always neglects. ator from Montana is recognized. The examples cited by the distin- They do not put anything in there, Mr. BURNS. Madam President, I rise guished Senator from Arizona, about knowing that we have an obligation to in opposition to this amendment. I the health club and all that, I respect- the Guard and Reserve. guess whenever we start talking about fully say I do not know what he is talk- We have a National Guard and Re- appropriating and budgeting for cer- ing about, but they would not meet the serve Caucus in this Senate. We have 62 tain needs of our military, we always 5-year plan or the criteria generally. Members. Why? Because administra- hear the argument that there are Everything we are talking about meets tions in years gone by have neglected things unrequested by the Pentagon or the McCain criteria. the Guard and Reserve. We need to be- unrequested by the President. I am We should also recognize that the bill come more dependent on the Guard and wondering if we as individuals in this we are talking about this year is 10 Reserve rather than less dependent, as body and the House do not have the percent below last year’s level; $1.3 bil- a result of the builddown of our mili- same responsibility of taking a look lion below last year’s level. We are, of tary forces. and making up our own minds on the It is our specific task to look inde- course, going to be within our 602(b) al- needs of our men and women in uni- pendently at all the military construc- location. form. tion needs of this country. Should we If you look at what has happened, the In this bill that has been authorized, be a rubberstamp of the administration moneys that we have been given by the the greatest share goes to quality of and say we are not going to ask for administration suggested the grand life. Quality of life leads to retention, anything other than what they request sum for the Army National Guard of $7 the retention of the good people who for the Guard and Reserve and from the million for military construction all are now serving in our respective serv- States of Ohio, Arizona, Montana, over the country. The Army National ices. Texas, Nevada, California, Virginia? Guard would go out of business. The Senator from Nevada and I have The answer is no, we have to look be- I stand in strong opposition to the worked—and I do not know of anybody yond what the administration suggests amendment offered by the Senator who is easier or better to work with and recommends. from Arizona and the Senator from It is our specific task to do just that: when we start going down through the Ohio. I suggest that the Senator from to look independently at all the mili- priority list on military construction Nevada and the Senator from Montana tary construction needs of this coun- than Senator REID from Nevada. He un- are proud of what we are doing for the try, not just what the President sends derstands what has to be done, under- military. We are proud of what we are us. stands that, no, the administration doing for the Guard and Reserve. We are not appropriating moneys for never sends any request down for The amendment would not allow for programs that have not been author- projects or any support for the Na- authorization of construction projects ized. We are not appropriating moneys tional Guard or sometimes even our that are of immediate need to those for programs that have not met the cri- Reserve units. In fact, if we would look who continue to serve us so well. I urge teria of the McCain criteria. The list at the backlog of construction for our my colleagues not to support this that we receive annually from the ad- Reserve units, it is in the billions of amendment for these and other rea- ministration continues to overlook dollars, because it has been put away. sons. projects we are known to support and I want to remind my colleagues that The Senate Armed Services Commit- compelled to include in our bill in this bill, this authorizing bill, and the tee used stringent criteria to ensure order to maintain the strength of our appropriations that we are going to that all projects authorized were deter- fighting force. The administration does mark up tomorrow is cut $1.3 billion mined to have met these criteria. not have the exclusive wisdom to de- from a year ago. So if the Senator from These criteria are known, as I indi- termine the finality of this list. A rub- Ohio and my friend from Arizona say cated, to the members of the commit- ber stamp by our committee would they are having an effect, they are hav- tee as the McCain criteria. take away the legitimacy of its obliga- ing an effect. We are spending less We, as members of the Military Con- tion, its oversight responsibility and money than we did a year ago in mili- struction Appropriations Subcommit- obligation. tary construction. tee, chaired by the Senator from Mon- Without the $600 million included in But quality of life and readiness, be- tana, funded all the projects that had this bill, the Guard and Reserve will cause we have changed that since the previously met these criteria and were again be shortchanged. All over this cold war is over—in other words, recommended by the authorizing com- country quality of life for our service money goes to the base closing and re- mittee, of which the Chair serves as a members will be greatly deterred and alignment, environmental cleanup of member of that committee. The the committee’s need would be repudi- those bases; but for the retention of projects that have been authorized are ated. We could just eliminate the sub- the people that we need, the biggest necessary to maintain the stability of committee. We could just eliminate share of our thrust has been in the our National Guard and Reserve and to the armed services work that they quality of life. continue to enhance the quality of life have done. I will tell you that I have been in for our soldiers, sailors, and our airmen I encourage my colleagues to strong- some barracks that were not very good. and women. ly oppose this amendment. I repeat, I would not ask my employees to live S6474 CONGRESSIONAL RECORD — SENATE June 19, 1996 there. Those projects have to be done if tary construction bill for its Mr. REID addressed the Chair. we are going to retain the people in our executability in fiscal year 1997, its The PRESIDING OFFICER. The Sen- military. And as to the morale, it adds being of the highest priority for the ator from Nevada. to everything. base commanders and National Guard Mr. REID. I do not want to cut off de- But keep in mind that, yes, we are tags, its inclusion in the FYDP, and its bate. I will move to table when every- $1.3 billion under a year ago. Then you overall criticality to quality of life and one has completed talking. have to sit down, like Senator REID and readiness. Mr. WARNER addressed the Chair. I did and our staffs, and set some prior- To vote for this amendment is to The PRESIDING OFFICER. The Sen- ities. But the Pentagon should not be turn your back on your National Guard ator from Virginia. the only one that has any kind of judg- personnel. Currently, this is the only Mr. WARNER. Madam President, ment on the needs of some of our mili- venue we have to maintain infrastruc- subject to the concurrence of my dis- tary people, nor the administration. ture readiness and quality of life. We tinguished colleague from Georgia, it We have an obligation to our military are trying to get the administration to is the intention of Chairman THURMOND people, too, just like anybody else. acknowledge the Guard’s requirements, to have this matter voted on, but al- So I think this is a pretty frugal bill but let us not hamstring our Guard for lowing sufficient notification to Sen- when it comes to military construc- the administration’s shortsightedness. ators of the time that that vote would tion. There is not very much in here Do not let this amendment pass. commence. that is not needed and requested by the Mr. FORD. Madam President, I stand I understand that the distinguished military. With that, I say to my col- in strong opposition to the Amendment Senator from Georgia will address this leagues that this amendment should be offered by the Senator from Arizona issue for a period. If the distinguished defeated, and I ask for its defeat. I [Mr. MCCAIN]. This amendment would Senator from Nevada wishes to move yield the floor. not allow for the authorization of con- to table, of course, that is his preroga- Mr. BOND. Madam President, as co- struction projects that are of imme- tive. Then if it is agreeable to the Sen- chair for the National Guard Caucus I diate need to those who continue to ator from Arizona, we would lay aside rise to object to this amendment. serve us so well. I urge my colleagues the amendment and delay the voting The Senate, in the past years, has not to support this amendment for for a stipulated period of time and voted to appropriate necessary mili- these reasons. allow maybe other business to come in tary construction funds to offset the The Senate Armed Services Commit- the intervening period. That would be neglect of administrations in order to tee used stringent criteria to ensure the desire of this manager. I presume make sure that the defense infrastruc- that all projects authorized were deter- the distinguished Senator from Georgia ture would be adequately funded. mined to have met these criteria. As we have discussed on the floor be- concurs in that. These criteria are known to the mem- Mr. NUNN. That is fine. fore, the National Guard has tradition- bers of the committee as the McCain Mr. WARNER. He has indicated his ally been the neglected stepchild of the Criteria. We, the members of the Mili- assent. executive branch and the Department tary Construction Appropriations Sub- Is the Senator from Arizona agree- of Defense. They neglect the Guard be- committee funded all of the projects able? cause they know we will take care of Mr. MCCAIN. I say to my friend from it. We must. Who do we look to for that had previously met these criteria Virginia, I am agreeable, but I think it every disaster? Who receives the call in and were recommended by the Author- should be made clear. Will we have fur- every domestic emergency? And who ization Committee. The projects that have been author- continues to serve and implement mili- ther votes tonight? This issue will be ized are necessary to maintain the sta- tary and foreign policy the world over? voted on at some time tonight? bility of our National Guard and Re- The National Guard. The military con- Mr. WARNER. Oh, yes. Let us say, serve and to continue to enhance the struction bill funds these mission es- hypothetically, if the Senator from sential and housing projects which quality of life for our soldiers, sailors, Georgia would use 10 minutes, we were designated as critical by each and airmen. Of the $600 million in con- would have the vote commence at 8:15. State’s adjutant general. I ask Sen- struction projects that this amend- In the interim period, the Senator from ators to support the men and women of ment would eliminate, $368 million or Georgia and I would endeavor to get the Guard and support the Guard’s over 60 percent of this amount is des- more business done. ability to carry out its missions and ignated for the construction of Na- Mr. MCCAIN. Reserving the right to vote against this amendment. tional Guard and Reserve projects; and object, I request 3 additional minutes Active Forces infrastructure has tra- additional $189 million is directly des- for comments before we close out. ditionally been adequately funded with ignated to build military family hous- Mr. WARNER. Yes. the Guard forces traditionally under- ing, to improve the quality of life of Mr. NUNN. Mr. President, may I in- funded. Why has it been this way, our service members. Nearly all of this quire of the Senator from Virginia many have asked. And the answer $600 million reduction directly attacks whether he anticipates other rollcall which is whispered through the Halls of the projects that the administration votes tonight beyond this one? this building is that the Congressmen annually neglects. Mr. WARNER. Mr. President, I am and Senators will take care of it. And It is our specific task to look inde- advised by Chairman THURMOND that is we have and we do and we will because pendently at all the Military Construc- the desire of the majority leader. we care about the welfare and readi- tion needs of the country. The list that Mr. REID. Reserving the right to ob- ness of the National Guard and Air Na- we receive annually from the adminis- ject—— tional Guard. tration continues to overlook projects Mr. WARNER. I am not sure any- The administration this year funded that we are known to support, and thing is pending, but that is the best I the Army Guard to the tune of $7 mil- compelled to include in our bill, in know at this time. lion; $7 million for the entire Army order to maintain the strength of our Mr. NUNN. The only suggestion I Guard infrastructure. For all 50 States fighting force. The administration does would make, unless we can get an and Puerto Rico; $7 million for the en- not have exclusive wisdom to deter- amendment up that is one that is going tire Army Guard force. If the Senators mine the finality of this list. A rubber to be debated as a rollcall vote, I would here respect our citizen soldiers, then stamp by our committees would take suggest—I could take no more than 30 they must rectify this shoddy treat- away the legitimacy of its oversight. seconds for my comments, and we ment of those who protect us. My col- Without the $600 million included in could perhaps move that timeframe up leagues on the committee have done this bill, the Guard and Reserve will a bit. That gives us a better chance of just that and they have done it with again be shortchanged, quality of life either one of two things: If we are not strict adherence to a rigorous set of for our service members would be going to have other rollcalls, it would standards for these necessary quality greatly deterred, and the committee’s allow Members to be able to go back to of life and readiness projects. need would be repudiated. I encourage their families earlier; if there are, we The committee considered each of my colleagues to strongly oppose this can get started on that debate. I do not the programs added to this year’s mili- amendment. know what other amendments are June 19, 1996 CONGRESSIONAL RECORD — SENATE S6475 going to come up requiring rollcalls to- friends from Arizona and Ohio, is abso- ment. It is hard for me to understand night. lutely right. You can say that about how that judgment could be overruled, Mr. WARNER. Mr. President, if the the other $11.5 billion in this bill that but I also understand what we are talk- Senator would yield, I am informed has been added on. That is the reason ing about here. that the majority leader is agreeable to the President says he may veto the Mr. President, I ask unanimous con- having this vote on the McCain amend- bill. The question is, What are we going sent to have this list printed in the ment at the hour of 8 o’clock tonight. to add in terms of our judgment, be- RECORD. The PRESIDING OFFICER. Is there cause there is no request for this $11 to There being no objection, the mate- objection? Without objection, it is so $12 billion that has been added on. rial was ordered to be printed in the ordered. It has been added on because the Sen- RECORD, as follows: Mr. NUNN addressed the Chair. ate and the budget committees in the PROJECTS THAT DO NOT MEET SENATE The PRESIDING OFFICER. The Sen- Senate and the House decided that de- CRITERIA ator from Georgia. fense was a priority and that defense FOURTEEN PROJECTS THAT ARE NOT IN FYDP Mr. NUNN. Mr. President, I will take was underfunded. That was a decision 1. Hawaii, Pohakuloa Training Area, Road just about 1 minute. It is my under- we made on the budget resolution. Improvement, $1.5 million. standing from all the information that When we made that decision, by its 2. Michigan, Lansing Army Natl Guard, I have been provided that every project very nature, it meant that the Con- combined support maintenance shop, $1.3 here that is the subject of this amend- gress was going to decide to add on the million. ment and the critique that has been money, because the administration has 3. Montana, Billings Army Natl Guard, laid down by our colleagues from Ohio Armed Forces Resource Center, $1.1 million. not indicated that they favor that add- 4. Nebraska, Camp Ashland Army Guard, and Arizona, each one of these projects on. training site flood control project, $665,000. is in the 5-year defense plan of the De- I urge my colleagues to vote against 5. New York, Stewart IAP landfill cover, partment of Defense. Each project also this amendment or to vote to table it if $2.2 million. can begin construction in fiscal year the tabling motion is made. 6. Oregon, Ontario Army Guard, armory, 1997. Each project is mission essential Mr. McCAIN. Mr. President, with the $226,000. or quality-of-life related. And each greatest respect to my colleague from 7. Oregon, Army Natl Guard, armory, project is consistent with BRAC ac- the State of Georgia, I just state the $210,000. 8. Pennsylvania, Ohldale Army Reserve, tions. add-ons were not asked for. USAR Center, $2.3 million. I would like to see if there are any of Let me point out, in the future years’ 9. Pennsylvania, Johnstown, Marine Corps these projects that are on closed mili- defense plan, specifically, Pohakuloa Reserve, training center, $590,000. tary bases or ones being closed. I am training area for $1.5 million, is not in 10. Pennsylvania, Johnstown, Marine Corps informed that none of them is. That the future years’ defense plan; the Lan- Reserve, maintenance hanger, $690,000. has been carefully screened. If they sing CSMS, not in the future years’ de- 11. South Carolina, Eastover, Army Guard are, I certainly would like to have fense plan; the Camp Ashland training Multipurpose Simulation Center, $224,000. someone show me which one is on a site flood control, not in the future 12. South Carolina, Eastover, Army Guard, Leesburg, infrastructure upgrade, $280,000. closing military base, because that is years’ defense plan; the Nellis Air 13. Virginia, Charlottesville DIA Facility, contrary to all the information that we Force Base FHP–111, 100 units, not in $4.4 million. have. the future years’ defense plan; the Air 14. Wyoming, Camp Guernsey, Army A breakdown of the requested National Guard in Ontario, OR, not in Guard, combined maintenance facility, projects that have been added to the the future years’ defense plan; the Dal- $935,000. budget: las Armory, not in the future years’ de- ELEVEN PROJECTS NOT ‘‘MISSION ESSENTIAL’’ There has been $206 million added for fense plan; the Eastover-Leesburg Mul- 1. California, Travis AFB, two dormitories, quality of life improvements—bar- tipurpose Simulator Center, not in the $7 million. racks, family housing, fitness centers, future years’ defense plan, and so forth; 2. Delaware Dover AFB, visiting officers child care centers, dining facilities, the Wyoming Air National Guard, quarters, $13.1 million. family support centers, education cen- Camp Guernsey, not in the future 3. Kansas, McConner AFB, dormitory, $7.7 ters, et cetera: $169 million for training million. years’ defense plan. 4. Maryland, Andrews AFB, family support and readiness-related projects; $81 mil- I do not know where the Senator center, $2.3 million. lion for maintenance shops and facili- from Georgia gets his information, but 5. Massachusetts, Hansuom AFB, family ties; $51 million for general infrastruc- I hope he corrects the CONGRESSIONAL housing, $5.1 million. ture improvement projects; $50 million RECORD, because they are not in the fu- 6. Nevada, Fauon Naval Air Station, Gym- for new mission-related projects; and ture years’ defense plan. nasium, $500,000. $41 million for health/safety/environ- I am glad to hear a response from the 7. Nevada, News AFB, dormitory, $10.1 mil- ment-related projects. Senator. lion. Mr. President, it is true that these Mr. NUNN. Mr. President, I am in- 8. Nevada, Faron Naval Air Station, bach- elor enlisted quarters, $16.1 million. projects were not requested by the De- formed that what we have tried to 9. Nevada, Mevis AFB, family housing, partment of Defense. It is also true apply here is the McCain-Glenn cri- $150,000. that there is $12 billion in the bill that teria, which is for construction 10. Ohio, Wright-Paterson AFB, family was not requested by the Department projects. All the projects that were housing improvements, $6.3 million. of Defense. listed by the Senator from Arizona 11. South Dakota, Ellsworth AFB, CDC ad- I have a very hard time understand- were planning and design money, which dition, $4.5 million. ing the distinction between the other is not part of the McCain-Glenn cri- Mr. McCAIN. I believe that the $11.5 billion that has been added and teria. We have followed those criteria, States in which these military con- this $500 million that has been added. but there is no 5-year defense plan for struction projects are located, when The Department of Defense and the ad- planning and design money. That is correlated with membership on the ministration’s official position is not lump-sum money. Senate Armed Services Committee and in favor of any of the add-ons. The Mr. McCAIN. I am glad to point out the Appropriations Committee, will question is whether we are going to again, first of all, the criteria is they give a better explanation of the point provide family housing, whether we are had to be in the future years’ defense Senator GLENN and I are trying to going to provide day care centers, plan for any funding; but, second of all, make here. whether we are going to provide fitness there are also projects that are more I do not believe Senator GLENN or I centers and other quality-of-life im- than just planning and design. are unappreciative of the need for qual- provements, and training for our We also asked the Department of De- ity of life and the absolute importance troops, or whether we are going to ba- fense which of these projects were non- that we maintain qualified men and sically neglect them and simply add on defense essential. They gave us a list of women in the military. My question is, weapon systems. over 20 of these which were deemed by do we have to maintain the quality of The argument about these projects the Department of Defense as non- life in the States of members of the not being requested, made by my good defense essential. That is their judg- committee, or do we have to maintain S6476 CONGRESSIONAL RECORD — SENATE June 19, 1996 the quality of life in all 50 States in the money. This is not the highest pri- Mr. WARNER. Mr. President, I would America? ority, although it is certainly very nice like to be recognized for 2 minutes Clearly, the RECORD indicates—and I to have things for the men and women prior to the hour of 8 o’clock. Let us will be submitting for the RECORD in who happen to reside in the right say at the hour of 7:56, we could have the future—that there has been a dra- States. recognition, once again, of the man- matic, dramatic imbalance in the fund- I will not inflame this debate any agers. ing for military construction projects, longer, except to say I realize it will Mr. NUNN. I do not have any objec- which, very frankly, do not serve the lose. I do believe this is the last year tion. men and women well who are stationed for it because I believe the next Presi- Mr. President, I add one other thing in States where there is not that mem- dent of the United States will exercise to the unanimous-consent request— bership. I do not think the men and the line-item veto, and I will be one of that is, with the understanding that women in the military deserve that the first, along with my friend and there be no second-degree amendments kind of preferential treatment. partner from Ohio, who will urge him to the McCain amendment. I have no illusions as to whether this to do so. The PRESIDING OFFICER. Without amendment will succeed or not. I tell I yield the floor. objection, it is so ordered. you what it does do. It makes me feel Mr. WARNER. Solely for the pur- Mr. GLENN addressed the Chair. a lot better about the 10 years that I poses of trying to clarify the par- The PRESIDING OFFICER. The Sen- spent trying to get the line-item veto liamentary situation and to inform ator from Ohio. passed. It gives me enormous, enor- Senators, it is still the desire of the Mr. GLENN. Mr. President, I have mous gratification to know that next manager to have a vote occur on the some short remarks—not a rebuttal year the President of the United McCain amendment, on or related to but a discussion regarding some of the States, no matter who he is, is going to the pending order relating to the comments that have been made. take a list like this, and he is going to McCain amendment, at 8 o’clock. Much has been made of this five- line-item veto it, and we will spend The PRESIDING OFFICER. The point criteria. Let me comment on Chair advises the Senator that the money on projects we need. that. Back some years ago, before we I want to point out again, we are order was to have a vote at 8 p.m. If established the five-point criteria, the short of sealift capability, Mr. Presi- you want to change that, it takes a pork barreling that went on in the de- dent. We are short of airlift capability. unanimous consent. fense authorization bill was far worse Mr. NUNN. I ask unanimous consent We are short of amphibious capability. than it is even now. The five-point cri- that we vote on the McCain amend- We do not have sufficient tactical air- teria was never intended—and I think ment or on a motion related to the craft to man our carrier decks and Senator MCCAIN would back this up—to McCain amendment at 8 o’clock. be the final goal, and that anything bases all over this Nation, including The PRESIDING OFFICER. Without Nevada. We do not have the kind of that fit those five criteria could some- objection, it is so ordered. how automatically be approved and be modernization of our force that is nec- Mr. WARNER. Mr. President, fur- OK, whether the Pentagon or the Presi- essary for us to fight and win battles in ther—I add this to the unanimous-con- dent’s budget asked for them or not. It the next century, and our moderniza- sent request—that at the conclusion of was not supposed to be an end-all and tion force has dropped to practically this debate, I ask that the Kyl amend- be-all itself. It was supposed to be a zero. ment and McCain amendment be laid way station to get toward having a There are other reasons besides mili- aside so that the managers can proceed budget put together by the Pentagon tary construction why that has been with other business. Could the Senator and sent here, which really meant what the case. We have had to spend such an from Ohio tell me how much longer he it said and it did not need us to add on enormous amount of money on oper- wishes to debate? ations, maintenance, and training in Mr. GLENN. Not long. everything else under the Sun. Nobody order to keep our present forces ready. Mr. WARNER. Let us say that at the questions for a moment the fact that When we waste billions of dollars, as hour of 7:50, debate on the pending some of these housing projects are the Senator from Ohio points out—$6 McCain amendment will conclude, at needed. But are they as important as billion since 1990—on military con- which time the Senator from Virginia some other things that are needed if struction projects, I do not think it is asks that the McCain amendment be the Pentagon had the choice to make fair for us to ask young men and laid aside for voting, as stipulated in that decision. women to fight and die in equipment the prior order, at 8 o’clock. If it is re- So these five criteria, whether in the that is not the very best. quired to lay aside the Kyl amendment, 5-year plan or future year plan, or I will never forget the former Com- I ask unanimous consent that the Kyl whether mission-essential, or whether mandant of the Marine Corps who tes- amendment be laid aside, and at the inconsistent with BRAC, when the con- tified before the Readiness Committee, hour of 7:50, the Senator from Virginia tracts can be started or whether they General Mundy. He said, ‘‘It is very, be recognized for the purposes of send- are offset in some other defense ac- very, very important that our Marines ing to the desk an amendment, which count, all of these are things that were have decent housing, but I don’t want a would require immediate consider- meant to tighten this up toward a way Marine widow to be living in a wonder- ation, and that the Senator from Texas station toward getting control and ful house when she is notified by the be recognized for such secondary budgeting the way we ought to. Wheth- CO of the base and the base chaplain amendments that she wishes to offer, er the criteria apply or not does not that her husband was killed in combat and that there be no time agreement mean to me they are automatically OK because he didn’t have the proper on the Warner-Hutchison amendment. and that we should automatically ap- equipment with which to defend him- Mr. NUNN. Reserving the right to ob- prove them if they come in with a 5- self.’’ ject, and I hope we will not have to ob- year plan, which means we are stepping Mr. President, those are not my ject. We have not seen any of those out of what the Pentagon might want words. Those are not my words. Those amendments. I am not sure what the to use the money for and projecting the are the words of the former Com- unanimous-consent request is. money out to a 5-year future. So mak- mandant of the Marine Corps, General Mr. WARNER. Merely a chance to ing so much out of this criteria was not Mundy. get them in and get them up. meant to be the end-all or the final If we were funding modernization of Mr. NUNN. Maybe we need to talk a goal of this at all. our forces and keeping up with the moment. Now, another thing was mentioned in technological requirements that gave Mr. REID. Reserving the right to ob- debate—that the Guard and Reserve us the kind of technological edge that ject, I have a few words I would like to are only getting $7 million. We go won the Persian Gulf war, I would not say after the Senator from Arizona has through an annual ritual every spring be nearly as vociferous in my opposi- spoken and the Senator from Ohio. on the Guard and Reserve. It does not tion to the add-ons. The reality is—and Mr. NUNN. It sounds to me like the make any difference what administra- you can talk to any objective military time between now and 8 o’clock will be tion is in the White House. We have an expert —that we simply do not have used thoroughly. annual ritual where they underfund, June 19, 1996 CONGRESSIONAL RECORD — SENATE S6477 through the Pentagon, the Guard and to follow the McCain criteria. We do budget buster. I repeat, it is within all Reserve. I think it is done inten- that with painstaking efforts. We meet the budget constraints set by the Budg- tionally. It is done by Republican ad- every criteria that has been estab- et Committee. We are not going out- ministrations and Democratic adminis- lished. Every one of these add-ons meet side of the money, above what has been trations. Why? Because they know that criteria. authorized. good and well that we will put it in Now we are being told, well, the I repeat, we are going one step fur- over here so the Members can take this McCain criteria really is not that im- ther and following what has been set coup back to benefit their local areas portant. There are other things. You by the very strict McCain criteria. Mr. in the local armory, money to run the cannot have it every way, both ways, President, we believe that, if we step local armory, money to milk on it, or any way. I suggest that we have to back and take a look at this, we find money to rebuild the local armory, and stop and find out where we are. First of that the Armed Services Committee these are things people were bringing all, this bill is less than what the used very stringent criteria to ensure back home, waving the flag that we did House has appropriated. Second, we are that all projects authorized were deter- this for you in Washington. within our 602(b) allocation. Also, we mined to have met the criteria that we Every administration knows that the are $1.3 billion less than we appro- have outlined. Guard and Reserve have a big enough priated last year. We are 10 percent The projects which have been author- constituency out there that that will below last year’s level. ized are necessary to maintain the sta- happen. It happens every single year. I Now, there is talk here about the bility of our National Guard and Re- think it is time we put a stop to it. States, where there is somebody on the serve and to continue to enhance the That is the reason I think we should Armed Services Committee or on the quality of life of our soldiers, sailors, have honesty in budgeting. This should Appropriations Committee, and they and airmen. Almost 60 percent of this are the only ones that get anything. not be an annual budget that lets peo- amount that is attempted to be That is absolutely ridiculous. I have ple just bring home the bacon to the stripped from this bill is designated for not had an opportunity to study who local armories as a way of funding this construction of Guard and Reserve got what, but I can name a few States year in and year out. It should be done projects. that I looked at quickly while the de- I say with all respect to the senior on a basis of what the Guard’s and Re- bate has been going on. Delaware. Senator from Arizona, these are not serve’s needs are. That should be estab- There is no one in Delaware that is in projects that are going to get any lished by the Guard Bureau, working Armed Services or Appropriations. In- headlines because you strike them closely with the Pentagon in determin- diana, the same. Kansas, South Da- from the bill. These are projects that ing what the budget will be. kota, and North Dakota are just a few help the men and women who defend So if we want to appropriate $600 mil- where there are add-ons. There are add- our country. The Pentagon simply did lion, if we went back to the Pentagon ons because they meet the criteria set not put them in their request, knowing and said, we know you need some by Senator MCCAIN, and every one of we would step forward and try to help things in MilCon, in housing; you need them meet that criteria. them. a lot of things, but we will put this in Mr. President, let us stop and under- These projects help the Guard and and let the Pentagon decide, let you stand what happens when the Pentagon Reserve from the State of Ohio. The prioritize where the greatest needs in makes a recommendation. The active Senator from Ohio did not ask for this the services are, then this might make military is prejudiced against the money, but we felt it was important. even a little bit more sense. But it does Guard and Reserve. Everybody who has We have two add-ons for the State of not to me. been in the military knows that. They Ohio because the Ohio Guard and Re- Let me comment on what the Sen- do not favor them. They want all the serve believe they are essential to their ator from Georgia said a little while money to go to them, the active mili- mission. We knew when we did this bill ago about the add-on of $11.5 billion. I tary. And so in the recommendations that the Senator from Ohio would be agree 100 percent with him on that. that come to us every year they ne- here with our friend from the State of That is the reason I voted against this glect the Guard and Reserve. We are Arizona complaining about these add- bill when it came out, and I will still the ones that save the Guard and Re- ons. But we felt it was important to do that if that $11.5 billion add-on serve. That is our obligation. It may the people of Ohio to have the Guard stays in. I have not voted against au- not be the right way to do things, but and Reserve strong there, as it should thorization and appropriations bills for it is the only way to protect the Guard be all over the country. the Defense Department—except for be- and Reserve. We work very hard to With the downsizing of our military, ginning last year—in all the 21-plus make sure they survive. Programs we are going to have to become even years that I have been here now. I funded under this budget are programs more aware of the importance of the agree with him on that. I do not think that are essential to the survival of the Guard and Reserve. Stories have been that add-on was needed. I disagreed Guard and Reserve. written and will continue to be written with the purpose for which it was If the Guard and Reserve had to de- about how important the Guard and added on. Some of those have been ad- pend on the active military to give Reserve was in Desert Storm, how ef- dressed in amendments here today. We them what they wanted, they would all fective and important they have been have had a chance to vote on them. be out of business. The active military, in our situation in the Balkans. I think that what we are trying to do frankly, mostly do not want the Guard So there is no apology for what we is get honesty in budgeting. That is the and Reserve to be even in existence be- have done in the Military Construction purpose of this. The five-point criteria cause there is competition for their Subcommittee. We have done what is was never meant to be the final goal of dollars. That is why we are where we really important, and we appreciate all of this. If anything came up and are. the direction and guidance given by the qualified under that criteria, we would This is not a budget breaker. We are Armed Services Committee under the say, that is all right, it is approved. within all the budget constraints. We leadership of the senior Senator from That was meant to be a means of try- are not going outside of what has been South Carolina and the Senator from ing to get some control over budgeting, authorized. We are only going not only the State of Kentucky. which we did have some years ago, in with what is authorized but what is au- I move to table the McCain amend- the amount of add-ons we would make, thorized under the very strict criteria ment. it seemed. This was a way station to- set by the Senator from Arizona, Sen- Mr. McCAIN addressed the Chair. ward getting to more meaningful budg- ator MCCAIN. These are in the 5-year Mr. REID. I am happy to withhold eting. plan. They are the top priority of the that until the Senator from Arizona I yield the floor. base commander. They are mission es- speaks. Mr. REID addressed the Chair. sential. The site has been selected, and Mr. McCAIN. Mr. President, I thank The PRESIDING OFFICER. The Sen- we can execute within fiscal year 1997, the Senator from Nevada and the Sen- ator from Nevada. the money that is being appropriated. ator from Montana. I think they have Mr. REID. Mr. President, you cannot What more can we do? All Senators done a dedicated job. We have a dis- have it both ways. We have been asked should recognize that this is not a agreement, but I know for a fact that S6478 CONGRESSIONAL RECORD — SENATE June 19, 1996 the Senator from Montana and the The PRESIDING OFFICER. The The motion to lay on the table was Senator from Nevada are dedicated to clerk will call the roll. agreed to. improving the quality of life for the The assistant legislative clerk pro- Mr. LOTT addressed the Chair. men and women in the military. We ceeded to call the roll. The PRESIDING OFFICER (Mr. have an honest difference of opinion. Mr. REID. Mr. President, I ask unan- SMITH). The majority leader is recog- But I appreciate very much their ef- imous consent that the order for the nized. forts. I appreciate the cooperative spir- quorum call be rescinded. Mr. LOTT. Mr. President, we want to it in which we have worked over many The PRESIDING OFFICER. Without continue to move forward on this legis- years, along with the Senator from objection, it is so ordered. lation. We have not made a lot of good Ohio. I disagree, obviously, as I have Mr. REID. Mr. President, I renew my progress, but the chairman and the pointed out, with this add-on, but that motion to table, and I ask for the yeas ranking member are working on that, in no way diminishes the dedication and nays. trying to get a list of amendments that The PRESIDING OFFICER. Is there a and effort on the part of the Senator can be agreed to. sufficient second? from Montana and the Senator from I hope a block of those can be done There is a sufficient second. tonight. After consultation with the Nevada to try to provide a decent qual- The yeas and nays were ordered. ity of life for men and women in the Democratic leader, it is our intent at The PRESIDING OFFICER. The this time for the committee to take up military. question is on agreeing to the motion another amendment and complete all I also want to point out again the of the Senator from Nevada to lay on debate on that, see what other issues reason I began with. The Senator from the table the amendment of the Sen- can be agreed to and done tonight, and Nevada pointed out a very legitimate ator from Arizona. On this question, the first vote then be rolled over and aspect of this whole process. The Guard the yeas and nays have been ordered, and Reserve have now become depend- occur in the morning at 9:15. and the clerk will call the roll. Mr. INOUYE. 9:15? ent on the Congress to provide the The assistant legislative clerk called funding that they need—the Senator Mr. LOTT. 9:15 in the morning. the roll. Mr. DASCHLE. Will the majority from Nevada is exactly right—because Mr. NICKLES. I announce that the leader yield? they know that the Pentagon knows Senator from New York [Mr. D’AMATO] Mr. LOTT. Yes, I yield. that, if they do not request it, it will and the Senator from Minnesota [Mr. Mr. DASCHLE. Mr. President, I know be added on in the process that we go GRAMS] are necessarily absent. we have had the opportunity to discuss through here. Mr. FORD. I announce that the Sen- what will happen after the Federal Re- Mr. President, it is a stated reality, ator from Arkansas [Mr. BUMPERS] and serve debate is completed and the votes but it is wrong. It is wrong, and we the Senator from Illinois [Ms. are taken at 2:15. We have been in con- have to fix this. We have to force the MOSELEY-BRAUN] are necessarily ab- sultation, and it is my understanding Office of the Secretary of Defense in sent. the Senator from Arkansas has been the Department of Defense to come The PRESIDING OFFICER. Are there able to work out an agreement with over here with legitimate needs and re- any other Senators in the Chamber the Senator from Utah with regard to quirements that the Guard and Reserve who desire to vote? his amendment. I think they have also The result was announced—yeas 83, have. agreed to a time limit within which I look forward to working with the nays 13, as follows: that amendment can be taken up. Senator from Montana and the Senator [Rollcall Vote No. 164 Leg.] Is the majority leader at this time from Nevada in trying to fix this gross YEAS—83 ready to enter into an agreement on inequity which has become part of the Abraham Ford Mack that, or do we need to continue some system that we have today. Akaka Frahm McConnell Ashcroft Frist Mikulski consultation? Mr. President, I understand my time Mr. LOTT. I would like to have an has expired. Baucus Gorton Moynihan Bennett Graham Murkowski opportunity to check with the Sen- The PRESIDING OFFICER. May the Biden Gramm Murray ators who have an interest in it from a Chair advise the Senate that under a Bond Grassley Nickles committee jurisdiction standpoint and previous order we have 2 minutes re- Boxer Gregg Nunn other interests. maining for the managers to wrap up? Breaux Hatch Pell Bryan Hatfield Pressler I am under the impression that prob- Mr. REID. Mr. President, I move to Burns Heflin Pryor ably can be worked out, but if the Sen- table. Byrd Helms Reid The PRESIDING OFFICER. There Campbell Hollings Robb ator will allow me to check on it, be- are still 2 minutes for each manager. Chafee Hutchison Rockefeller cause I would like to get things lined Mr. WARNER. Mr. President, I yield Coats Inhofe Roth up to go forward. If it is going to be of- Cochran Inouye Santorum fered, let us get an arrangement to get back such time as is reserved for the Cohen Jeffords Sarbanes purpose of the Senator from Virginia. Conrad Johnston Shelby it done and move forward. I would like Mr. NUNN. Mr. President, if I could Coverdell Kassebaum Simpson to talk with two of the Senators I Craig Kempthorne Smith know who have a special interest in it. ask the Chair, would the proper motion Daschle Kennedy Snowe be that we proceed immediately to a DeWine Kerry Specter Mr. DASCHLE. We will work with rollcall vote? As I understand it, we do Dodd Lautenberg Stevens the majority leader to see if that can not have any more time on this. We ba- Domenici Leahy Thomas be accommodated, and we can lock Dorgan Levin Thompson sically have an order for an 8 o’clock that in perhaps tomorrow morning. Exon Lieberman Thurmond Mr. PRYOR. If the distinguished vote. Faircloth Lott Warner The PRESIDING OFFICER. That is Feinstein Lugar leader will yield for a comment. Mr. LOTT. I will yield. correct. NAYS—13 Mr. WARNER. We have an order for 2 Mr. PRYOR. I have consulted two Bingaman Harkin Simon times in an hour and a half with Sen- minutes in behalf of the Senator from Bradley Kerrey Wellstone Virginia, which I yielded back. Brown Kohl Wyden ator HATCH, the chairman of the Judi- Mr. REID. I move to table, and I ask Feingold Kyl ciary Committee. He has an intense in- Glenn McCain for the yeas and nays. terest in the issue. He has agreed to a The PRESIDING OFFICER. Is there a NOT VOTING—4 time limit and hopes, like I do, that sufficient second? There is a sufficient Bumpers Grams perhaps tomorrow after the Federal second. D’Amato Moseley-Braun Reserve issues are decided, that we Mr. NUNN. I believe we object to The motion to lay on the table the could then possibly go to this amend- moving up of the time. I think we need amendment (No. 4060) was agreed to. ment. to delay the clock. Mr. REID. Mr. President, I move to Mr. LOTT. That sounds like what we The PRESIDING OFFICER. Objec- reconsider the vote by which the mo- all would like to do. Give me a chance tion is heard. tion was agreed to. to check with the Senator from Utah Mr. LEAHY. Mr. President, I suggest Mr. LOTT. I move to lay that motion and one other, and I believe we can the absence of a quorum. on the table. work that out. June 19, 1996 CONGRESSIONAL RECORD — SENATE S6479 Mr. PRYOR. I thank the Senator. serve, when the Senate resumes consid- There being no objection, the letter Mr. LOTT. I yield the floor. eration of the DOD authorization bill, was ordered to be printed in the Mr. KEMPTHORNE addressed the the committee amendments be laid RECORD, as follows: Chair. aside and Senator PRYOR be recognized NATIONAL GUARD ASSOCIATION The PRESIDING OFFICER. The Sen- to offer an amendment. OF THE UNITED STATES, ator from Idaho. The PRESIDING OFFICER. Without Washington, DC, June 6, 1996. TROM HURMOND PRIVILEGE OF THE FLOOR objection, it is so ordered. Hon. S T , Chairman, Committee on Armed Services, U.S. Mr. KEMPTHORNE. Mr. President, I Mr. LOTT. I yield the floor. Thank you very much. Senate, Washington, DC. ask unanimous consent that Marc DEAR SENATOR THURMOND: The National Thomas, through the Congressional The PRESIDING OFFICER. The Sen- Guard Association of the United States Fellowship Program, who has been as- ator from Wyoming. (NGAUS) is respectfully submitting this en- signed to my office for sometime now, AMENDMENT NO. 4061 dorsement of a MILCON authorization re- be granted privilege of the floor during Mr. SIMPSON. Mr. President, I rise quest from the Wyoming Army National the discussion of the defense authoriza- to offer an amendment to the Defense Guard. During the accelerated budget process this tion bill. Authorization Act for myself and my year, a critical military construction request The PRESIDING OFFICER. Without friend, Senator THOMAS. This is a was initially left off the MILCON project objection, it is so ordered. minor amendment in the greater list. The request is for a Combined Support Mr. SIMPSON addressed the Chair. scheme of legislative matters which we Maintenance Shop (CSMS) at Camp Guern- The PRESIDING OFFICER. The Sen- wrestle with in this body, but never- sey, Wyoming. ator from Wyoming. theless, it is quite a very important According to information provided by the state, this 47-year old facility contains seri- AMENDMENT NO. 4061 matter for the Wyoming Army Guard and all Guard soldiers who train in Wy- ous, inherent health and safety hazards. An (Purpose: To authorize $4,100,000 for the con- industrial hygiene team from the National struction, phase I, of a combined support oming, and we train a good many sol- Guard Bureau has determined that the build- maintenance shop at Camp Guernsey, Wyo- diers in Wyoming from around the ing has seven serious Risk Assessment Code ming) United States. (RAC) discrepancies. Four of the discrep- Mr. SIMPSON. Mr. President, I send The amendment would authorize $4.1 ancies are coded RAC 1: ‘‘a critical problem an amendment to the desk. million in funding for the first phase of exists that has the possibility of causing per- The PRESIDING OFFICER. Is there construction of a combined support manent, severe, disabling, irreversible illness objection to laying aside the pending maintenance shop at Camp Guernsey, or death.’’ The CSMS facility has inherent Kyl amendment? Without objection, it WY. The existing critical facility is a ventilation and electrical deficiencies that the Wyoming National Guard has not been is so ordered. 47-year-old, 26,000-square-foot multi- able to adequately correct despite $268,000 in The clerk will report. purpose repair building where all of the retrofits and repairs over the last 11 years. The legislative clerk read as follows: Wyoming Army National Guard Since 13 March 1990, the soldiers working in The Senator from Wyoming [Mr. SIMPSON], wheeled and tracked vehicles and this shop have seen every day a warning on for himself and Mr. Thomas, proposes an equipment, light trucks, the self-pro- the front door that reads in part: ‘‘UNSAFE amendment numbered 4061. pelled howitzers are repaired and over- or UNHEALTHY WORKING CONDITION (DO Mr. SIMPSON. Mr. President, I ask hauled. NOT REMOVE NOTICE UNTIL CONDITION The primary problem with the exist- IS ABATED). Carbon monoxide level exceeds unanimous consent that the reading of both the OSHA 8 hour PEL . . . and OSHA the amendment be dispensed with. ing facility is inherent electrical and ceiling limit . . .’’ The PRESIDING OFFICER. Without ventilation deficiencies that have not The only solution, to protect the health objection, it is so ordered. been able to be adequately corrected, and lives of National Guard soldiers in Wyo- The amendment is as follows: despite some $270,000 in retrofits and ming, is to replace the building. In section 2601(1)(A), strike out repairs over the last 11 years. The Wyoming Army National Guard, ‘‘$79,628,000’’ and insert in lieu thereof Additionally, the National Guard Bu- through its Adjutant General, Maj. Gen. Ed ‘‘$83,728,000’’. reau and industrial hygiene team con- Boenisch, is requesting phased funding to al- Mr. SIMPSON. Mr. President, I rise leviate this health and safety discrepancy. ducted an evaluation of this facility in The phase 1 request for the current appro- to offer an amendment—— March of 1995 and concluded that nu- priations year (FY 97) is $4.1 million. Phase Mr. FORD. Mr. President, does the merous hazards exist. Of seven discrep- 2 (FY 98) would be for $4.0 million. Senator have a copy of his amendment ancies and hazards that exist, four NGAUS respectfully urges favorable sup- at the desk? We need a copy. have been assigned a Risk Assessment port of your Committee for a floor amend- Mr. SIMPSON. The amendment can Code, or RAC, of 1, and the other three ment to the National Defense Authorization be read. That will save you trouble. It have been rated RAC 2. Act for Fiscal Year 1997 (S. 1745) to include is one line. These ratings reflect the severity of this MILCON authorization request from the The PRESIDING OFFICER. The Wyoming Army National Guard. the conditions of the facility. RAC 1 in- Sincerely, clerk will read. dicates always a critical problem and EDWARD J. PHILBIN, The legislative clerk read as follows: has the possibility of causing perma- Major General, ANGUS (Ret.), In section 2601(1)(A), strike out nent, severe, disabling, irreversible ill- Executive Director. ‘‘$79,628,000’’ and insert in lieu thereof ness or even death. RAC 2 reflects a se- Mr. SIMPSON. Mr. President, the ‘‘$83,728,000’’. rious condition also. secondary problem with the existing ORDER OF PROCEDURE Mr. President, the National Guard facility is the wholly inadequate Mr. NICKLES. Will the Senator yield Association of the United States amount of space, as I said. They need just for a moment? I just would like to strongly supports this project. In a let- 70,000 square feet instead of the current clarify with the majority leader that ter dated June 6, the executive director 26,000. Clearly, this is a quality equip- there will be no more votes tonight; is of the National Guard Association ment repair facility and is critical to that correct? wrote: the function of the combined support Mr. LOTT. Mr. President, if the Sen- Since 13 March 1990, the soldiers working maintenance shop that directly im- ator from Wyoming will yield for 1 sec- in this shop have seen every day a warning pacts the Wyoming Guard’s top goal of ond more, I would like to clarify there on the front door that reads in part— military readiness and those who train will be no more rollcall votes tonight. And here is what the warning says: there, and there are thousands from I felt that was clear when we said we Unsafe or unhealthy working condition. across the United States. would roll over to 9:15. I want to make Carbon monoxide level exceeds the OSHA Finally, the number of specialized it official. ceiling limit. jobs in the combined maintenance UNANIMOUS-CONSENT AGREEMENT The only solution to protect the shop, such as welding and fabrication Mr. LOTT. Mr. President, I ask unan- health and life of National Guard sol- operations, painting operations, brake imous consent that on Thursday, June diers in Wyoming is to replace this shop, brake shoe rebuilding, small 20, following the votes on the confirma- building. I ask unanimous consent that arms repair, and electrical and me- tion of the nominees to the Federal Re- the letter be printed in the RECORD. chanical repairs, cannot be performed. - S6480 CONGRESSIONAL RECORD — SENATE June 19, 1996 These other operational attitudes can- port from our colleagues for this im- gency when considered against all not be performed at smaller outlying portant National Guard addition. I other priorities for the Guard, and it maintenance facilities. yield the floor. was not included in the initial priority But, more importantly, you have Mr. McCAIN addressed the Chair. list submitted by the Guard. health and safety as more of a concern. The PRESIDING OFFICER. The Sen- I think it is improper and counter- Since repeated efforts to repair the fa- ator from Arizona. productive for the Congress to approve cility and correct the inefficiencies Mr. McCAIN. Mr. President, I ask for this. I hope my colleagues will not vote have been unsuccessful, closing the fa- the yeas and nays on this amendment. for the addition of several million dol- cility may be the only alternative. It is The PRESIDING OFFICER. Is there a lars for another unrequested, low-prior- used, as I say, by thousands of people sufficient second? There is a sufficient ity project. However, let me emphasize, in the Guard units from all the sur- second. if this $4.1 million project is approved, rounding States. The yeas and nays were ordered. then I would strongly urge my col- The Wyoming Guard have com- Mr. MCCAIN. Second of all, Mr. leagues to come over here with every promised and curtailed their request President, it is a minor item, but when project that they have, because they for military construction funding to in- the Senator from Wyoming yielded the deserve equal consideration. I have no clude only this critical program. It is floor, he yielded the floor. He could not idea how many more hundreds of mil- an urging I make to support this yield to the other Senator from Wyo- lions or even billions of dollars we amendment for $4.1 million in funding ming for him to receive next recogni- could add on in military construction for phase 1 of the project, and $4 mil- tion. But it is not important. projects if this one is agreed to. lion in funding for the next fiscal year. The PRESIDING OFFICER. The Sen- So, Mr. President, I guess we will I also cite to my colleagues, on May ator is correct. The Chair notes the find out tomorrow. But I hope all my 6, 1996, in a letter from William A. mistake. colleagues will be ready with their own Navas, Major General, U.S. Army, Di- Mr. MCCAIN. Mr. President, let me projects. I yield the floor. rector, the Army National Guard, in a just say that right now, and for those The PRESIDING OFFICER. Who letter to the chairman, it stated, few who may be listening or watching, seeks recognition? ‘‘Thirty-three urgently required if this amendment passes, then I en- Mr. SIMPSON addressed the Chair. projects were inadvertently omitted courage all of my colleagues who have The PRESIDING OFFICER. The Sen- from that list,’’ which was received be- a military construction project in their ator from Wyoming. fore the committee on March 21, 1996. district or State, that they may want Mr. SIMPSON. Let me reflect again, ‘‘A listing of those projects is en- to come over and have an amendment, so the RECORD is clear, that I will have closed.’’ One of those is the project for and we will have a vote—because this entered into the RECORD a letter from which we seek the funds this evening. meets none of the criteria. General William A. Navas, Jr., that I yield to my friend from Wyoming. This has nothing to do with any pri- this project was inadvertently omitted Mr. McCAIN addressed the Chair. ority. This is a violation, clear viola- from the list. I restate that and ask The PRESIDING OFFICER. Did the tion of the sense-of-the-Senate resolu- Senator from Wyoming yield to the unanimous consent that that letter be tion, which I will read into the RECORD printed in the RECORD. Senator from Wyoming? again. So if this passes, I want all of Mr. SIMPSON. Yes, I did. There being no objection, the letter Mr. THOMAS. Mr. President, I will my colleagues to come over, and what- was ordered to be printed in the take a moment. I appreciate very much ever military construction project you RECORD, as follows: this opportunity. My senior Senator want in your State, put it up, and we DEPARTMENTS OF THE ARMY AND has described the issue. I just simply will have a vote on it, because you THE AIR FORCE NATIONAL GUARD want to tell you that this Camp Guern- should win. You should win because BUREAU, ARMY PENTAGON, sey is a very important part of the Na- there is no reason why you should not, Washington, DC. because if we pass this project, then ev- Re Installation, Logistics, and Environment tional Guard, not only for Wyoming, Directorate. but it is also the training facility for a erything meets the criteria, including the fact that there will be no require- Hon. JOHN MCCAIN, good many of the units surrounding Chairman, Subcommittee on Readiness, Commit- Wyoming. It is an artillery unit with a ment for any offsets. tee on Armed Services, U.S. Senate, Wash- range there. So I hope my colleagues, after the ington, DC. So, as the Senator said, this was in- vote tomorrow, if this amendment DEAR MR. CHAIRMAN: During a hearing be- advertently left out of the accelerated passes, will have lots of projects ready fore the Senate Appropriations Military Con- budget process. It combines the sup- to vote for, because, as far as I am con- struction Subcommittee on March 21, 1996, I was asked to provide a $250 Million priority port and maintenance shop. This is a cerned, it is open season on the mili- tary construction situation. list of Army National Guard Military Con- very compelling need here. struction projects. This list was sent to Con- Three tenants have occupied the This project does not meet the cri- teria established for the Senate’s au- gress by the Army Secretariat. same building since 1948. The building Thirty-three urgently required projects is environmentally in noncompliance, thorization of unrequested military were inadvertently omitted from that list. A with problems of ventilation and elec- construction projects. Mr. President, listing of these projects is enclosed. trical systems. this project is not included in the serv- Sincerely, The National Guard Bureau has iden- ices’ future years defense program. In WILLIAM A. NAVAS, Jr., tified seven serious risk assessment other words, the Guard does not plan to Director, Army National Guard. discrepancies, as the Senator has build this project until after the year Army National Guard Military Construction pointed out. We have, as was men- 2000. Amount tioned, the letter from the National If the safety hazards at that location Alaska: Bethel—AASF Taxiway Guard Association, the letter from the are as serious as stated today, then the Upgrade ...... $1.838 Director of the Army National Guard, National Guard Bureau should request Alabama: Birmingham—Joint Med Tng Facility ...... 4.600 written in support of this funding. emergency construction authority. The Senate Armed Services Commit- California: Los Alamitos—JP–8 The original funding actually was $12 Fuel Fac, supplemental ...... 1.092 million. Now it is less than that. tee was asked to review this project Connecticut: Mr. President, as we downsize, of during our markup of the bill. The Camp Hartell—CSMS/OMS .... 4.700 course, we call on the Guard and the committee did not include the project Camp Hartell—Armory ...... 8,500 Reserve to carry more of the load. because it did not meet the established Groton—AVCRAD ...... 5.647 Someone mentioned earlier in the de- criteria. Florida: bate that the Congress pretty much is The fact remains that the scarcity of Camp Blanding—Combined defense resources requires that the Support Maint Shops ...... 8.068 responsible—the Senate—for support- Lakeland—Limited AASF ..... 5.000 ing the Guard funds. This, I think, is Guard Bureau, the services, and the MacDill—AASF ...... 4.248 part of that. Department of Defense all make tough Indiana: So, Mr. President, I will not take any choices among priority projects. This Camp Atterbury—Water Sys- more time. But I certainly ask for sup- project did not meet the test of ur- tem Upgrade ...... 5.534 June 19, 1996 CONGRESSIONAL RECORD — SENATE S6481 Amount ter says that was an error. So I just AMENDMENT NO. 4062 Marion—OMS ...... 1.121 want to make it clear that what the (Purpose: To strike the authorization for the Kentucky: Senator has said, from my perspective military construction project of the National Western KY Tng Site—Phase Security Agency at Fort Meade, Maryland; III ...... 11.995 and the perspective from this side of the aisle, is exactly right. This would to authorize $1,400,000 for the construction of Fort Knox—MATES ...... 2.691 a ramp addition for C–130 aircraft at Reno Western KY Tng Site—Phase have been part of the list had it been International Airport, Nevada; and to au- IV ...... 11.000 listed as is now listed by General thorize $5,800,000 for the construction of a jet Western KY Tng Site—Phase Navas, Major General, U.S. Army, Di- engine test facility/aircraft test enclosure at V ...... 18.024 rector, Army National Guard. Fallon Naval Air Station, Nevada) Massachusetts: Milford—USPFO Mr. THOMAS addressed the Chair. Mr. REID. Mr. President, I have an Warehouse renovation ...... 7.099 The PRESIDING OFFICER. The Sen- Michigan: Fort Custer—Edu- amendment I hope we can resolve in cation Support Facility ...... 3.497 ator from Wyoming. just a few minutes this evening, and I New Mexico: Taos—Armory ...... 1.935 Mr. THOMAS. I just want to reit- send that amendment to the desk. North Carolina: erate again, so others will understand The PRESIDING OFFICER. The Charlotte—Armory ...... 5.994 thoroughly. When the Senator from Ar- pending amendments are laid aside. Charlottee—OMS ...... 3.673 izona said, come over, bring anything The clerk will report. Fort Bragg—Mil Ed Fac Ph I 15.844 you have in mind, this is not in that The legislative clerk read as follows: Fort Bragg—Mil Ed Fac Ph II 4.985 category. The letter is here. It is en- The Senator from Nevada [Mr. REID], for Oregon: tered. It was sent to the committee. Salem—Armed Force Reserve himself and Mr. BRYAN, proposes an amend- Center ...... 11.000 And it was inadvertently left off the ment numbered 4062. Eugene—Armory ...... 11.796 list. I think it is unfair to make that Mr. REID. Mr. President, I ask unan- Eugene—OMS ...... 2.136 kind of a characterization. imous consent that the reading of the South Carolina: Mr. REID. Mr. President, I ask unan- amendment be dispensed with. Eastover—Readiness Center 5.994 imous consent the pending amendment The PRESIDING OFFICER. Without Eastover—Simulation Center 2.800 be set aside. objection, it is so ordered. Eastover—Infrastructure Up- Mr. MCCAIN. Reserving the right to The amendment is as follows: grade ...... 3.500 object, I think we have completed de- Tennessee: In the table in section 2201(a), in the Chattanooga—AAOF ...... 3.414 bate on this amendment. The vote is amount column for the item relating to West Virginia: set for 9:15 tomorrow. I think we can Fallon Naval Air Station, Nevada, strike out Camp Dawson—Mil Ed Fac ...... 15.144 move off of it and on to whatever busi- ‘‘$14,800,000’’ and insert in lieu thereof Camp Dawson—Armory ...... 6.954 ness the Senator from Nevada wishes. ‘‘$20,600,000’’. Wyoming: Camp Guernsey— The PRESIDING OFFICER. There Strike out the amount set forth as the CSMS/OMS/UTES ...... 11.692 has been no unanimous consent for a total amount at the end of the table in sec- Mr. SIMPSON. Mr. President, I have time set for the vote. tion 2201(a) and insert in lieu thereof ‘‘$512,852,000’’. spent little time in my 18 years in the Mr. MCCAIN. Mr. President, I suggest In section 2205(a), in the matter preceding Senate wandering in here to talk about there is no further debate on this paragraph (1), strike out ‘‘$2,040,093,000’’ and any project. In fact, I believe that this amendment. insert in lieu thereof ‘‘$2,045,893,000’’. would be perhaps the first time because Mr. SIMPSON. Mr. President, in line In section 2205(a)(1), strike out these things have usually been very with the Senator from Arizona, per- ‘‘$507,052,000’’ and insert in lieu thereof well considered. haps just a unanimous-consent request ‘‘$512,852,000’’. This is something that did not get could be made that debate be con- In the table in section 2401(a), strike out cluded and the majority and minority the item relating to the National Security considered properly. That is why we Agency, Fort Meade, Maryland. are here, to seek an authorization to leader set the time for the vote on the Strike out the amount set forth as the place it before the Senate on a priority. amendment tomorrow at a time cer- total amount at the end of the table in sec- I believe that I am told that there are tain. tion 2401(a) and insert in lieu thereof not more than four or five amendments The PRESIDING OFFICER. That is ‘‘$502,390,000’’. that are out here that have to do with in order. In section 2406(a), in the matter preceding adding money or add-ons. Mr. SIMPSON. I move that. paragraph (1), strike out ‘‘$3,421,366,000’’ and The PRESIDING OFFICER. Is there insert in lieu thereof ‘‘$3,396,166,000’’. So if the invitation is to come to the In section 2406(a)(1), strike out floor to bring in your favorite dog or objection? Mr. NUNN. Reserving the right to ob- ‘‘$364,487,000’’ and insert in lieu thereof cat, there have not been many people ‘‘$339,287,000’’. doing that. There are about five. That ject, I think the leader said 9:15; does In section 2601(3)(A), strike out will not cause some breach in the diet the Senator from Wyoming say 9:30? ‘‘$208,484,000’’ and insert in lieu thereof that will create an onslaught on this Mr. SIMPSON. I leave it to the dis- ‘‘$209,884,000’’. measure. So I want that clear, if we cretion of the leader. Mr. REID. Mr. President, this amend- Mr. NUNN. Perhaps a unanimous- can. And we have inserted the letter in ment encompasses two projects and is consent request would reflect that. the RECORD. I suggest to our colleagues offered on my behalf and Senator Mr. SIMPSON. I incorporate that that this is very necessary for one of BRYAN. These two projects are for the within it. the few Guard units in the United The PRESIDING OFFICER. Without State of Nevada. The reason they were States that trains the rest of them objection, the request is agreed to. not included in the matter we voted on from the rest of the United States. Mr. NUNN. I add to that unanimous- last is the fact that Top Gun just Mr. NUNN addressed the Chair. consent request that no second-degree moved to Nevada. It is a very impor- The PRESIDING OFFICER. The Sen- amendments be in order. tant project for the Navy. Fallon Naval ator from Georgia. The PRESIDING OFFICER. Without Air Station is the premier naval air Mr. NUNN. The Senator from Wyo- objection, it is so ordered. fighting station in the whole world. ming, Senator SIMPSON, is exactly cor- Mr. MCCAIN. I object to no second- Top Gun has moved there. rect on this matter. We have the letter degree amendments being in order. This amendment meets all the in from William A. Navas, Jr., Major The PRESIDING OFFICER. The McCain criteria of the Senate Armed General, U.S. Army, Director, Army Chair hears the objection. Services Committee. This project we National Guard. The Senator from Wy- Mr. NUNN. Mr. President, I object to are talking about is for testing of Navy oming has already read the letter. He the unanimous-consent request. jet engine acoustics at Fallon Naval basically says that 33 urgently required The PRESIDING OFFICER. The ob- Air Station. This authorizes appropria- projects were inadvertently omitted jection is heard. tion of $5.8 million to move and com- from the list that was submitted. Mr. REID. Mr. President, I ask unan- plete a badly needed jet engine test fa- The reason this project was not in- imous consent that the pending amend- cility at the Naval Air Station Ala- cluded to begin with was because it did ment be set aside. meda, which is due to close this fiscal not meet the criteria because it was The PRESIDING OFFICER. Without year, to Fallon Naval Air Station, sav- not in the 5-year defense plan. This let- objection, it is so ordered. ing millions of dollars. If we wait to do S6482 CONGRESSIONAL RECORD — SENATE June 19, 1996 this, we will have to spend millions of Senator KENNEDY and I, along with the Army will be notified of our posi- additional moneys. This is an effort to other members of the committee, have tion on this issue. save money. supported continued evaluation of the Mr. INHOFE. I thank my colleagues We would still be within our 302(b) al- Starstreak missile in an air-to-air role, for their assistance in clarifying this location. It is not a budget buster. If to provide self-protection capability important matter. we cannot do this, we would be re- for the Apache helicopter. I understand AMENDMENT NO. 4049 quired to construct a new and a small- that it has been the committee’s intent Mr. PELL. Mr. President, I oppose er test facility. This is extremely im- to provide $15 million in fiscal year 1997 strongly the amendment on nuclear portant for Top Gun and other projects. for the completion of the air-to-air testing offered by the Senators from Now, the other project, Mr. Presi- Starstreak live fire phase test, to be Arizona and Nevada, Mr. KYL and Mr. dent. Fallon Naval Air Station, I have carried out by the Army’s applied avia- REID. The United States is currently in indicated, is rapidly becoming the tion technology directorate. This test the forefront of nations seeking a com- Navy’s premier pilot training site, in- phase is to be completed prior to con- prehensive ban on nuclear explosions. cluding Top Gun, Top Dome, and train- ducting a side-by-side evaluation with Members of the administration have ing of the navy’s elite pilots. If you the air-to-air Stinger missile. It is also worked assiduously to remove obsta- want to have a Ph.D. as a naval fighter my understanding that to achieve the cles to such a ban both in the United in airplanes, you have to go to Fallon committee’s intent, these funds should States and among the other nuclear and train. This project meets all the be placed in program element 63003A, powers. Currently, we are in the final criteria I have mentioned. an account used in prior years for this stages of an effort that could cul- Mr. President, the other is a $1.4 mil- program. minate an agreement on the text by lion project that will add badly needed However, the committee report June 28, with the opening of the text space to the aircraft parking are at the placed it in a different line item—PE for signatures occurring this coming Reno Air National Guard for C–130’s. No. 23801A—and contains language that September. This is a new mission they have. One suggests an alternate use of these Getting us to this point, at which a thing I did not mention, Mr. President, funds. I would like to correct the comprehensive treaty ban is almost in for both of these projects, the money is record in this matter. hand, has been both slow and tortuous. offset. Both projects in the amendment Mr. WARNER. Senator, you are cor- I recall well that President John F. are fully offset in moneys and for a rect on both accounts. As the chairman Kennedy hoped to bring about a com- project that is simply not usable any- of the Air-Land Forces Subcommittee, plete ban on nuclear testing. By build- more. It meets all the criteria. I do not I can attest that the committee’s in- ing upon the positive aspects on both need to dwell on it. I ask this amend- tent is to authorize $15 million in pro- sides, he was able to bring about the ment be approved. gram element 63003A explicitly for the breakthrough that produced the Lim- Mr. NUNN. Mr. President, I urge sup- continuation air-to-air Starstreak ited Test Ban Treaty of 1963, which port of the Reid amendment when we evaluation. The committee’s report in- limited nuclear testing to the under- do get to a vote on it. This meets the advertently implies that Starstreak ground environment and spared the committee’s criteria that corrects po- would be evaluated alongside Stinger world further exposure to radiation and tential problems currently in the Air and placed the funds in the incorrect fallout from the tests by the three sig- National Guard. funding line. This was not the commit- natories, the United States, Great Brit- Mr. REID. If I could say, the distin- tee’s intent and will be corrected dur- ain, and the Soviet Union. guished Senator from Arizona is going ing conference with the House. In 1974, President Nixon achieved the to object to this, but I think he would Mr. KENNEDY. I share the concerns Threshold Test Ban Treaty, and Presi- accept it on a voice vote. That is my of the distinguished Senator from dent Ford accomplished the Peaceful understanding. Oklahoma, and thank the Air-Land Nuclear Explosives Treaty in 1976. In Mr. McCAIN. Mr. President, I under- Subcommittee chairman for his sup- 1990, while I was chairman of the Com- stand the argument of the Senator port. These actions would be inconsist- mittee on Foreign Relations, the com- from Nevada. There is not an offset in ent with the authorization conference mittee and the Senate approved ratifi- it. I understand it meets with all the report for fiscal year 1996 and with ac- cation of those two treaties. The com- other criteria. I oppose the amend- tions taken last year by the Army to plete ban has been an oft-stated goal of ment. I will not request a recorded move Starstreak funds into this line the United States for more than three vote. for the continuation of the air-to-air decades and it has been pursued with Let me also say I will try and have Starstreak evaluation. The Army has varying degrees of enthusiasm. In re- the second-degree amendment to the indicated a clear need for helicopter cent years, as some questions of safety amendment from the Senator from Wy- self-defense, and is completing nec- and reliability of nuclear weapons have oming very soon. As I understand the essary documentation of that require- been resolved and as our scientific majority leader would have liked to ment. To best meet this requirement, community has, with methods of en- have had a time certain. there must be a fair shoot-off competi- suring the safety and reliability of the The PRESIDING OFFICER. The tion between Starstreak and Stinger. stockpile without resort to nuclear question is on agreeing to the amend- Providing this funding is necessary to testing, it has become increasing clear ment of the Senator from Nevada. fully evaluate the Starstreak missile that nuclear testing is no longer an im- The amendment (No. 4062) was agreed prior to any shootoff, to ensure a level perative and that national interests of to. playing field. the United States would be served by Mr. REID. I move to reconsider the Mr. SMITH. I concur with Senator an end to nuclear testing. vote. WARNER’s earlier statement, that the When the administration succeeded Mr. NUNN. I move to lay that motion $15 million for the Starstreak evalua- last year in securing the unconditioned on the table. tion should be placed in PE 63003A and and permanent extension of the non- The motion to lay on the table was be provided for the purpose of continu- proliferation treaty, we were successful agreed to. ing the Starstreak evaluation. As largely because many nations who have STARSTREAK EVALUATION chairman of the Acquisition and Tech- foresworn nuclear weapons trusted us Mr. INHOFE. Mr. President, I would nology Subcommittee, I am pleased to and the other nuclear powers to move like to engage Senators WARNER, join my colleagues in working to bring expeditiously to a complete end of nu- SMITH, and KENNEDY, who are my col- this development program to a success- clear testing. That goal appears now to leagues on the Armed Services Com- ful conclusion. The position and legis- be within both reach and grasp. mittee, in a colloquy for the purposes lative intent of the committee as ar- As a result of legislation sponsored of clarifying and correcting provisions ticulated in this colloquy will super- by Senators HATFIELD, EXON, and in the committee’s report with respect sede that expressed in the committee Mitchell in 1992, the United States has to the committee’s funding of the air- report. Appropriate corrections will be been operating under a moratorium on to-air Starstreak missile evaluation, to made during conference on this bill nuclear testing that will extend be conducted by the Army. with the House of Representatives, and through this September. According to June 19, 1996 CONGRESSIONAL RECORD — SENATE S6483 that legislation, the United States can complete ban on nuclear testing will successful in doing so last year, and only resume nuclear testing if another help to reinforce and invigorate that nothing has changed since then to nation does so. Russia has not tested process. weaken the Senate position. In fact, since 1992 and indicates it does not in- I hope very much that the Senate the official opinion of the Pentagon tend to resume nuclear testing. Earlier will decide today to keep the United that it can live with the Leahy morato- this year, France finished its latest and States on the course it so wisely chose rium, the administration’s policy to controversial series of nuclear tests in in 1992 in deciding to initiate a morato- vigorously negotiate an international the Pacific and declared its commit- rium on nuclear testing. ban as soon as possible, and the grow- ment to achievement of a comprehen- HOUSE PROVISION ON ANTIPERSONNEL ing number of countries that support a sive ban. That leaves only China, which LANDMINES ban, should significantly strengthen it. has indicated that it will conduct only Mr. LEAHY. Mr. President, last year I hope the House will reconsider its one more test before September and an amendment to the Fiscal Year 1996 position on this. There is no reason for then will join the other nuclear powers Defense Authorization bill which I an issue that has such broad public in stopping testing. sponsored with 49 other senators, both support, from veterans organizations The Kyl-Reid amendment would re- Democrats and Republicans, to impose to the Catholic Bishops to the Amer- voke the Hatfield-Exon-Mitchell lan- a 1-year moratorium on the use of anti- ican Red Cross, to become an issue of guage, under which the United States personnel landmines, except along contention between us. If necessary, has been engaged in the moratorium international borders and in demili- there is more than enough time to re- and moving toward a complete ban. It tarized zones, passed the Senate on Au- visit this when the effective date of the is correct that the amendment does not gust 4 of last year by a vote of 67 to 27. moratorium approaches. require testing, but it does open the It was signed into law by President Mr. President, I ask unanimous con- way to renewed testing and send a Clinton on February 12 of this year. sent that excerpts from a May 16 Pen- completely wrong signal at this final Support for the moratorium has broad- tagon press briefing describing the stage of the negotiation on a complete ened in the Congress since then, due to Pentagon’s opinion of my amendment, ban. It would serve to undermine U.S. the extraordinary media attention this and my correspondence with Chairman commitment to success in the negotia- issue has received and the experience THURMOND, be printed in the RECORD. tion. It could serve to disrupt the nego- of our troops in Bosnia. There being no objection, the mate- tiation completely, and it could pre- Recently, it came to my attention rial was ordered to be printed in the that the House National Security Com- cipitate an end to prospects for a com- RECORD, as follows: plete ban for years to come. mittee included a provision in its ver- Mr. President, in January, John sion of the fiscal year 1996 Defense au- NEWS BRIEFING Holum, the director of the U.S. Arms thorization bill, which would effec- OFFICE OF THE ASSISTANT SECRETARY OF Control and Disarmament Agency, de- tively nullify my amendment. This DEFENSE—PUBLIC AFFAIRS livered a message from the President provision is identical to a provision the Senior Defense Official #2: The President to the delegates negotiating the test House included last year, but which signed it into law. I mean, we have not been ban at the conference on disarmament was deleted in the conference. happy with it with regard to its provisions While I do not question the motives compared to this broader policy. The Presi- in Geneva. The President made the dent did accept it. And we believe we can live point: ‘‘A Comprehensive Test Ban of the authors of that provision, I have with it, but we don’t think it’s an adequate— Treaty is vital to constrain both the communicated my concerns about it to I didn’t say we didn’t support it—I mean, we spread and further development of nu- Chairman THURMOND, as well as Sen- don’t think it’s an adequate answer to the clear weapons. And it will help fulfill ators WARNER and NUNN. I have made problem. And so, this policy is meant to an- our mutual pledges to renounce the nu- clear that not only does this provision swer the problem in a broader way. If the clear arms race and move toward our undermine the position of two-thirds of moratorium stays in place, we can live with ultimate goal of a world free of nuclear the Senate, it is totally unnecessary that one year moratorium given the excep- and premature since the moratorium tions that are written into it. arms.’’ Q: All anti-personnel mines? would not take effect until February The President concluded: ‘‘I pledge Senior Defense Official #2: Anti-personnel the full and energetic support of the 1999. It also contradicts the Pentagon’s landmines. United States to conclude promptly a considered judgment that it can man- treaty so long sought and so long de- age with the Leahy moratorium, and U.S. SENATE, nied. Let us, now, take this historic ignores the administration’s own posi- Washington, DC, May 12, 1996. step together.’’ tion that it will not seek to modify or Hon. STROM THURMOND, The last several weeks in Geneva repeal the amendment. Chairman, Committee on Armed Services, Wash- have been marked by heated negotia- Mr. President, on May 16, President ington, DC. tions as delegates attempt to remove Clinton announced the administra- DEAR STROM: It has come to my attention final roadblocks. The next few days tion’s long-awaited policy on land- that the House National Security Committee will be similarly hectic as delegates mines. While I was disappointed that has included in its FY 1997 Defense Author- ization bill the same certification provision try to meet the June 28 deadline for the administration did not use this op- concerning my anti-personnel landmine mor- success. John Holum told us today, portunity to renounce the use of an in- atorium amendment that was deleted last ‘‘We are close to achieving our goal in discriminate weapon that is respon- year. Geneva. This window of opportunity is sible for horrendous suffering of civil- Not only is this provision unnecessary the best, and perhaps the last, chance ians, the President did commit to vig- since the moratorium does not take effect to achieve this goal.’’ orously negotiate an international until February 1999, it also would nullify the Mr. President, the Senate has had agreement to ban antipersonnel mines. effect of the amendment which was sup- the wisdom to agree to the SALT I in- Over the next 2 years, we will have ported by over two-thirds of the Senate in a bipartisan vote. terim agreement, the 1972 Anti-ballis- ample opportunity to judge the seri- If necessary, I will take whatever measures tic Missile Treaty, START I and the ousness of the administration’s efforts. are necessary to prevent this attempt by the START II Treaty. These treaties first With 41 nations already on record in House to undermine the Senate’s position on capped the arms race, and ensured the support of an immediate, total ban, in- my amendment. However, your help was in- viability of strategic deterrence. cluding many of our NATO allies, it is strumental in getting this same provision Through the START I Treaty which is crucial that we preserve the Leahy deleted from the bill last year. Before I make now in force and the START II Treaty amendment intact in order to reinforce any decision on this, I would appreciate which awaits Russian ratification, the our support for strong U.S. leadership knowing whether I can count on you to pre- world’s two superpowers will have re- in this global effort. vent this provision from being included in the final version of the FY 1997 Defense Au- duced their nuclear arsenals by ap- I am very pleased and appreciative thorization bill. proximately two-thirds. If we are wise that Chairman THURMOND has, like last I look forward to hearing from you soon. and prudent we will move beyond that year, answered my concerns by re- With best regards. level still further to substantially affirming his intention to defend the PATRICK LEAHY, lower levels of nuclear armament. A Senate position in conference. He was U.S. Senator. S6484 CONGRESSIONAL RECORD — SENATE June 19, 1996 U.S. SENATE, tee budget is $12.9 billion higher than this block of amendments that have COMMITTEE ON ARMED SERVICES, fiscal year 1996 levels. However, adjust- been consented to on both sides. Washington, DC, December 18, 1995. ing this figure for inflation, the De- I ask unanimous consent that the Sen. PATRICK J. LEAHY, partment of Defense will actually see pending amendments be set aside for U.S. Senate, Washington, DC. DEAR SENATOR LEAHY: Pursuant to our dis- spending levels reduced by $5.5 billion the purpose of taking up these amend- cussion on the floor this morning concerning from last year. ments. I believe there are 19 amend- consideration of the National Defense Au- The administration in 1994 and 1995 ments that we will be presenting, thorization Act for Fiscal Year 1996, I would promised outyear funding would in- which have been agreed to. like to recap our agreement. crease to recover the shortfalls driven The PRESIDING OFFICER. Is there We have agreed that: You will control 20 by deep cuts in earlier budgets. Yet, for objection to the request? minutes of debate on the landmine provision the second straight year, the Presi- Without objection, it is so ordered. and I will control the same amount of time; you will not filibuster the defense authoriza- dential budget is less than projected in AMENDMENT NO. 4063 tion conference report and will not object to previous years. I am confident that (Purpose: To specify funding and require- a unanimous consent for a time certain to DOD will meet its assigned mission, ments for research, development, test, and vote on the defense authorization conference but I am concerned at what cost. evaluation of advanced submarine tech- report; and if the current version of the FY If we are to continue sending our sol- nologies) 96 Defense Authorization bill does not be- diers into harm’s way, this Nation has Mr. KEMPTHORNE. Mr. President, come law, I will do everything in my power a responsibility to provide them with on behalf of Senator COHEN, I offer an to ensure that section 1402(b) (concerning a the highest level of technology. I often amendment that would include a provi- certification in relation to the moratorium overhear comments that since the fall sion in the Senate bill that would pro- on landmine use) is deleted from any subse- vide for explicit guidance on the in- quent version of the bill. If the current ver- of the Iron Curtain, America has no sion of the FY 96 Defense Authorization bill significant enemy. However, since 1989, tended use of funds that are authorized is signed into law, I will do everything in my America has deployed more forces than for submarine technology. I believe power to ensure that section 1402(b) is re- at any time since 1964. Yes, the Soviet this amendment has been cleared by versed in the next Defense Authorization Union is no more, but renegade fac- the other side. bill. tions continue to threaten our Nation’s The PRESIDING OFFICER. The Sincerely, security and vital economic interests. clerk will report. STROM THURMOND, The legislative clerk read as follows: Chairman. While we are the only remaining super power, our armed forces shouldn’t be The Senator from Idaho [Mr. KEMPTHORNE], for Mr. COHEN, proposes an U.S. SENATE, used in the role of the world’s police amendment numbered 4063. COMMITTEE ON ARMED SERVICES, force. Washington, DC, June 11, 1996. In the past 7 years, American forces Mr. KEMPTHORNE. Mr. President, I Sen. PATRICK LEAHY, have deployed to Panama, Grenada, ask unanimous consent that reading of U.S. Senate, Washington, DC. and Saudi Arabia to protect our Na- the amendment be dispensed with. DEAR PAT: Thank you for your recent cor- tional interests. Additionally, peace- The PRESIDING OFFICER. Without respondence regarding the anti-personnel keeping operations have sent our objection, it is so ordered. landmine moratorium. I appreciate your The amendment is as follows: bringing to my attention the provision in troops to Haiti, Somalia, and most re- the House defense bill regarding a require- cently Bosnia. This Nation has a re- At the end of subtitle B of title II add the ment for a certification prior to the imposi- sponsibility to scrutinize each mission following: tion of a moratorium. carefully and send American Forces SEC. 223: ADVANCED SUBMARINE TECH- NOLOGIES. As the Chairman of the Senate Armed only when absolutely necessary. The (a) AMOUNTS AUTHORIZED FROM NAVY Services Committee, I will support the Sen- threat is still there, but its face has ate position on any issue that comes before RDT&E ACCOUNT.—Of the amount authorized the conference on the defense authorization changed. America will continue to send to be appropriated by section 201(2)— bill. However, as you know, it is impossible her young soldiers and sailors to for- (1) $489,443,000 is available for the design of for me, or any other member of the Senate, eign shores to protect our peace, but the submarine previously designated by the to predict or guarantee the outcome of any we must be judicious in those assign- Navy as the New Attack Submarine; and particular provision during the conference of ments. (2) $100,000,000 is available to address the a bill. As always, I would support the Senate As we examine the 1997 authoriza- inclusion on future nuclear attack sub- position with the House in the conference on marines of core advanced technologies, cat- tion, we must consider that the De- egory I advanced technologies, and category the defense authorization bill. fense budget has decreased to the low- As I recall our agreement last year it was II advanced technologies, as such advanced that I would not offer any language to the est spending levels in 40 years. As we technologies are identified by the Secretary fiscal year 1997 defense bill that would under- debate these issues, we must strive to of Defense in Appendix C of the report of the mine your provision, and you would not offer produce a budget which defines na- Secretary entitled ‘‘Report on Nuclear At- language regarding the anti-personnel land- tional security and guarantees the De- tack Submarine Procurement and Sub- mine moratorium to the fiscal year 1997 de- partment of Defense has the necessary marine Technology’’, submitted to Congress fense authorization bill. I have kept that funding to complete all assigned, care- on March 26, 1996. agreement—there is no language in the fiscal (b) CERTAIN TECHNOLOGIES TO BE EMPHA- fully chosen missions, obtain all train- SIZED.—In using funds made available in ac- year 1997 Senate defense authorization bill ing vital to success, and secure the best regarding the anti-personnel landmine mora- cordance with subsection (a)(2), the Sec- torium. technology available. When this is fin- retary of the Navy shall emphasize research, With kindest regards and best wishes, ished, our military forces will continue development, test, and evaluation of the Sincerely, to be the most influential military in technologies identified by the Submarine STROM THURMOND, the world and this Nation’s security Technology Assessment Panel (in the final Chairman. unquestioned. report of the panel to the Assistant Sec- retary of the Navy for Research, Develop- Mr. CRAIG. Mr. President, there are Mr. MCCAIN. Mr. President, I suggest ment, and Acquisition, dated March 15, 1996) a few issues which I think must be con- the absence of a quorum. sidered during what I expect will be as having the highest priority for initial in- The PRESIDING OFFICER. The vestment. complicated and controversial delib- clerk will call the roll. (c) SHIPYARDS INVOLVED IN TECHNOLOGY erations on the 1997 Defense authoriza- The legislative clerk proceeded to DEVELOPMENT.—To further implement the tion bill. First and foremost, this bill call the roll. recommendations of the Submarine Tech- defines national security—the Govern- Mr. KEMPTHORNE. Mr. President, I nology Assessment Panel, the Secretary of ment’s primary obligation to its citi- ask unanimous consent that the order the Navy shall ensure that the shipyards in- zens. for the quorum call be rescinded. volved in the construction of nuclear attack The United States military is the The PRESIDING OFFICER. Without submarines are also principal participants in greatest military power in the world. the process of developing advanced sub- objection, it is so ordered. marine technologies and including the tech- In a time of rapidly evolving tech- Mr. NUNN. Mr. President, it is my nologies in future submarine designs. The nology, sufficient yet judicious funding understanding that the pending amend- Secretary shall ensure that those shipyards authority is absolutely essential to ments would have to be set aside by have access for such purpose (under proce- maintain the status quo. The commit- unanimous consent before considering dures prescribed by the Secretary) to the June 19, 1996 CONGRESSIONAL RECORD — SENATE S6485 Navy laboratories and the Office of Naval In- year’s conference negotiations, the The PRESIDING OFFICER. The telligence and (in accordance with arrange- House bill would make over $200 mil- clerk will report. ments to be made by the Secreatry) to the lion available for it in fiscal year 1997 The legislative clerk read as follows: Defense Advanced Research Projects Agency. and pursue initiatives such as the de- (d) FUNDING FOR CONTRACTS UNDER 1996 The Senator from Georgia [Mr. NUNN], for AGREEMENT AMONG THE NAVY AND SHIP- velopment of six different design alter- Mr. BYRD, proposes an amendment numbered YARDS.—In addition to the purposes of which natives at a cost of at least $500 million 4064. the amount authorized to be appropriated by before settling on a design for series Mr. KEMPTHORNE. Mr. President, I section 201(2) are available under paragraphs production no earlier than fiscal year ask unanimous consent that reading of (1) and (2) of subsection (a), the amounts 2003. The House provision also makes the amendment be dispensed with. avilable under such paragraphs are also very detailed allocations on how sub- The PRESIDING OFFICER. Without available for contracts with Electric Boat marine technology funds would be objection, it is so ordered. Division and Newport News Shipbuilding to carry out the provisions of the ‘‘Memoran- spent by the Navy without providing The amendment is as follows: dum of Agreement Among the Department of any objective analysis or documented At the end of subtitle E of title X add the the Navy, Electric Boat Corporation (EB), justification to support this allocation. following: and Newport News Shipbuilding and Drydock It is clear that the House and Senate SEC. 1054. ANNUAL REPORT OF RESERVE FORCES Company (NNS) Concerning the New Attack have developed divergent views on how POLICY BOARD. Submarine’’, dated April 5, 1996, for reseach the course of future research and devel- Section 113(c) of title 10, United States Code, is amended— and development activities under that opment for advanced submarine tech- memorandum of agreement. (1) by striking out paragraph (3); nology should proceed. It appears pru- (2) by redesignating paragraphs (1), (2), and Mr. COHEN. Mr. President, this dent, based on the magnitude of fund- (4) as subparagraphs (A), (B), and (C), respec- amendment would add a provision to ing increases in the House bill and its tively; title II of the Senate bill that reflects micromanagement of them, to estab- (3) by inserting ‘‘(1)’’ after ‘‘(c)’’; the markup position on advanced sub- lish in the Senate bill a provision in (4) by inserting ‘‘and’’ at the end of sub- marine technology that is now re- law that articulates, with more force paragraph (B), as redesignated by paragraph flected in report language and the than can be achieved with report lan- (2); and funding tables that accompany the bill. (5) by adding at the end the following: guage, the Senate’s view on how the ‘‘(2) At the same time that the Secretary This position was developed as a result Navy should proceed with a program to submits the annual report under paragraph of testimony provided at a hearing on develop submarine technology. This (1), the Secretary shall transmit to the submarine procurement and develop- provision will provide stronger guid- President and Congress a separate report ment and on the Secretary of Defense ance to our conferees when they nego- from the Reserve Forces Policy Board on the Report on Nuclear Attack Submarine tiate a final outcome in the fiscal year reserve programs of the Department of De- Procurement and Submarine Tech- 1997 defense authorization bill. I en- fense and on any other matters that the Re- nology that was submitted to Congress serve Forces Policy Board considers appro- courage my colleagues to join me in priate to include in the report.’’. on March 26, 1996 in compliance with voting in favor of this amendment. section 131 of last year’s defense au- Mr. KEMPTHORNE. Mr. President, Mr. KEMPTHORNE. This amendment thorization bill. again, I point out there is no objection has been cleared. The hearing and report both indicate from the other side. Mr. NUNN. I urge adoption of the that the approach used by the Navy to Mr. NUNN. Mr. President, I urge sup- amendment. invest in submarine technology should port of this amendment. It would clar- The PRESIDING OFFICER. Without be revised to accommodate the low ify the Senate’s intention on how the objection, the amendment is agreed to. rate of future production for attack Navy should spend funds and imple- The amendment (No. 4064) was agreed submarines relative to cold war levels ment recommendations of the DOD’s to. and the much higher rate of technology report on nuclear attack submarine Mr. NUNN. Mr. President, I move to turnover that is occurring in the civil- procurement and technology. This is reconsider the vote. ian sector. The previous focus on incor- an important effort to begin to address Mr. KEMPTHORNE. I move to lay porating new technologies into new de- inefficiencies that have been identified that motion on the table. signs that occurred with much greater in previous attack submarine R&D pro- The motion to lay on the table was frequency than can be expected in the grams. agreed to. future and then reducing technology Mr. KEMPTHORNE. Mr. President, I AMENDMENT NO. 4065 funding to subsistence funding until urge adoption of this amendment. (Purpose: To provide for managed health time for a new design will no longer The PRESIDING OFFICER. Without care services to be furnished under the suffice to maintain the technological objection, the amendment is agreed to. health care delivery system of the uni- edge that our submarine force enjoyed The amendment (No. 4063) was agreed formed services by transferees of Public to. Health Service hospitals or other stations during the cold war. A more promising previously deemed to be uniformed serv- model would be the creation of a sin- Mr. KEMPTHORNE. Mr. President, I move to reconsider the vote. ices treatment facilities that enter into gle, stable research and development agreements with the Secretary of Defense program under a single product man- Mr. NUNN. I move to lay that motion to provide such services on an enrollment ager and funded at a steady state level on the table. basis) The motion to lay on the table was that supports, matures, and incor- Mr. KEMPTHORNE. Mr. President, agreed to. porates new technology on a continu- on behalf of Senators GORTON, COHEN, AMENDMENT NO. 4064 ing basis. In other words a process of and GLENN, I offer an amendment continuous rather than cyclical evo- (Purpose: To ensure that the annual report which would establish the integration from the Reserve Forces Policy Board is lution. A far greater emphasis would be submitted as a report that is separate from of the uniformed services treatment fa- placed on involvement of civilian in- the annual report of the Secretary of De- cilities in the Department of Defense dustry, particularly the shipyards in- fense on the expenditures, work, and ac- TRICARE health care program. volved in submarine construction, than complishments of the Department of De- The PRESIDING OFFICER. The has occurred in the past. The Report fense) clerk will report. accompanying the Senate bill provides Mr. NUNN. Mr. President, on behalf The legislative clerk read as follows: guidance that the Secretary of the of Senator BYRD, I offer an amendment The Senator from Idaho [Mr. Navy is to use these funds to carry out that would make technical corrections KEMPTHORNE], for Mr. GORTON, for himself, high priority research on advanced sub- to the references to the annual report Mr. COHEN, and Mr. GLENN, proposes an marine technology that is identified in required to be submitted by the Re- amendment numbered 4065. the Secretary of Defense’s report. serve Forces Policy Board and estab- Mr. KEMPTHORNE. Mr. President, I The House also concluded that addi- lish that the annual report be a sepa- ask unanimous consent that reading of tional funding for submarine tech- rate report submitted in conjunction the amendment be dispensed with. nology was needed. However, consist- with the annual report of the Secretary The PRESIDING OFFICER. Without ent with the fascination with sub- of Defense. This has been cleared on objection, it is so ordered. marine technology reflected in last the other side of the aisle. The amendment is as follows: S6486 CONGRESSIONAL RECORD — SENATE June 19, 1996 After the heading for title VII insert the upon by the Secretary and the designated mines that additional enrollment authority following: provider, the agreement shall take effect for a designated provider is required to ac- Subtitle A—General upon the later of the following: commodate covered beneficiaries who are de- pendents of members of the uniformed serv- Strike out section 704. (A) The date on which a managed care sup- Redesignate section 705 as section 704. port contract under the TRICARE program ices entitled to health care under section Redesignate section 706 as section 705. is implemented in the service area of the 1074(a) of title 10, United States Code. Redesignate section 707 as section 706. designated provider. (b) PERMANENT LIMITATION.—For each fis- At the end of title VII add the following: (B) October 1, 1997. cal year after fiscal year 1997, the number of (2) Notwithstanding paragraph (1), the des- enrollees in managed care plans offered by Subtitle B—Uniformed Services Treatment designated providers may not exceed 110 per- Facilities ignated provider whose service area includes Seattle, Washington, shall implement its cent of the number of such enrollees as of SEC. 721. DEFINITIONS. agreement as soon as the agreement permits. the first day of the immediately preceding In this subtitle: (d) TEMPORARY CONTINUATION OF EXISTING fiscal year. The Secretary may waive this (1) The term ‘‘administering Secretaries’’ PARTICIPATION AGREEMENTS.—The Secretary limitation as provided in subsection (a)(2). (c) RETENTION OF CURRENT ENROLLEES.—An means the Secretary of Defense, the Sec- shall extend the participation agreement of enrollee in the managed care program of a retary of Transportation, and the Secretary a designated provider in effect immediately designated provider as of September 30, 1997, of Health and Human Services. before the date of the enactment of this Act or such earlier date as the designated pro- (2) The term ‘‘agreement’’ means the under section 718(c) of the National Defense vider and the Secretary may agree upon, agreement required under section 722(b) be- Authorization Act for Fiscal Year 1991 (Pub- shall continue receiving services from the tween the Secretary of Defense and a des- lic Law 101–510; 104 Stat. 1587) until the designated provider pursuant to the agree- ignated provider. agreement required by this section takes ef- ment entered into under section 722 unless (3) The term ‘‘capitation payment’’ means fect under subsection (c). an actuarially sound payment for a defined the enrollee disenrolls from the designated (e) SERVICE AREA.—The Secretary may not provider. Except as provided in subsection set of health care services that is established reduce the size of the service area of a des- on a per enrollee per month basis. (e), the administering Secretaries may not ignated provider below the size of the service disenroll such an enrollee unless the (4) The term ‘‘covered beneficiary’’ means area in effect as of September 30, 1996. a beneficiary under chapter 55 of title 10, disenrollment is agreed to by the Secretary (f) COMPLIANCE WITH ADMINISTRATIVE RE- United States Code, other than a beneficiary and the designated provider. QUIREMENTS.—(1) Unless otherwise agreed under section 1074(a) of such title. (d) ADDITIONAL ENROLLMENT AUTHORITY.— upon by the Secretary and a designated pro- Other covered beneficiaries may also receive (5) The term ‘‘designated provider’’ means vider, the designated provider shall comply a public or nonprofit private entity that was health care services from a designated pro- with necessary and appropriate administra- vider, except that the designated provider a transferee of a Public Health Service hos- tive requirements established by the Sec- pital or other station under section 987 of the may market such services to, and enroll, retary for other providers of health care only those covered beneficiaries who— Omnibus Budget Reconciliation Act of 1981 services and requirements established by the (Public Law 97–35; 95 Stat. 603) and that, be- (1) do not have other primary health insur- Secretary of Health and Human Services for ance coverage (other than medicare cov- fore the date of the enactment of this Act, risk-sharing contractors under section 1876 was deemed to be a facility of the uniformed erage) covering basic primary care and inpa- of the Social Security Act (42 U.S.C. tient and outpatient services; or services for the purposes of chapter 55 of 1395mm). The Secretary and the designated title 10, United States Code. The term in- (2) are enrolled in the direct care system provider shall determine and apply only such under the TRICARE program, regardless of cludes any legal successor in interest of the administrative requirements as are mini- transferee. whether the covered beneficiaries were users mally necessary and appropriate. A des- of the health care delivery system of the uni- (6) The term ‘‘enrollee’’ means a covered ignated provider shall not be required to beneficiary who enrolls with a designated formed services in prior years. comply with a law or regulation of a State (e) SPECIAL RULE FOR MEDICARE-ELIGIBLE provider. government requiring licensure as a health BENEFICIARIES.—If a covered beneficiary who (7) The term ‘‘health care services’’ means insurer or health maintenance organization. desires to enroll in the managed care pro- the health care services provided under the (2) A designated provider may not contract gram of a designated provider is also entitled health plan known as the TRICARE PRIME out more than five percent of its primary to hospital insurance benefits under part A option under the TRICARE program. care enrollment without the approval of the of title XVIII of the Social Security Act (42 (8) The term ‘‘Secretary’’ means the Sec- Secretary, except in the case of primary care U.S.C. 1395c et seq.), the covered beneficiary retary of Defense. contracts between a designated provider and shall elect whether to receive health care (9) The term ‘‘TRICARE program’’ means a primary care contractor in force on the services as an enrollee or under part A of the managed health care program that is es- date of the enactment of this Act. title XVIII of the Social Security Act. The tablished by the Secretary of Defense under Secretary may disenroll an enrollee who sub- the authority of chapter 55 of title 10, United SEC. 723. PROVISION OF UNIFORM BENEFIT BY DESIGNATED PROVIDERS. sequently violates the election made under States Code, principally section 1097 of such (a) UNIFORM BENEFIT REQUIRED.—A des- this subsection and receives benefits under title, and includes the competitive selection ignated provider shall offer to enrollees the part A of title XVIII of the Social Security of contractors to financially underwrite the health benefit option prescribed and imple- Act. delivery of health care services under the Ci- mented by the Secretary under section 731 of (f) INFORMATION REGARDING ELIGIBLE COV- vilian Health and Medical Program of the the National Defense Authorization Act for ERED BENEFICIARIES.—The Secretary shall Uniformed Services. Fiscal Year 1994 (Public Law 103–160; 10 provide, in a timely manner, a designated SEC. 722. INCLUSION OF DESIGNATED PROVID- U.S.C. 1073 note), including accompanying provider with an accurate list of covered ERS IN UNIFORMED SERVICES cost-sharing requirements. beneficiaries within the marketing area of HEALTH CARE DELIVERY SYSTEM. the designated provider to whom the des- (a) INCLUSION IN SYSTEM.—The health care (b) TIME FOR IMPLEMENTATION OF BENE- FIT.—A designated provider shall offer the ignated provider may offer enrollment. delivery system of the uniformed services SEC. 725. APPLICATION OF CHAMPUS PAYMENT shall include the designated providers. health benefit option described in subsection (a) to enrollees upon the later of the follow- RULES. (b) AGREEMENTS TO PROVIDE MANAGED (a) APPLICATION OF PAYMENT RULES.—Sub- ing: HEALTH CARE SERVICES.—(1) After consulta- ject to subsection (b), the Secretary shall re- (1) The date on which health care services tion with the other administering Secretar- quire a private facility or health care pro- within the health care delivery system of the ies, the Secretary of Defense shall negotiate vider that is a health care provider under the uniformed services are rendered through the and enter into an agreement with each des- Civilian Health and Medical Program of the TRICARE program in the region in which ignated provider, under which the designated Uniformed Services to apply the payment the designated provider operates. provider will provide managed health care rules described in section 1074(c) of title 10, (2) October 1, 1996. services to covered beneficiaries who enroll United States Code, in imposing charges for (c) ADJUSTMENTS.—The Secretary may es- with the designated provider. health care that the private facility or pro- tablish a later date under subsection (b)(2) or (2) The agreement shall be entered into on vider provides to enrollees of a designated prescribe reduced cost-sharing requirements a sole source basis. The Federal Acquisition provider. Regulation, except for those requirements for enrollees. (b) AUTHORIZED ADJUSTMENTS.—The pay- regarding competition, issued pursuant to SEC. 724. ENROLLMENT OF COVERED BENE- ment rules imposed under subsection (a) section 25(c) of the Office of Federal Procure- FICIARIES. shall be subject to such modifications as the ment Policy Act (41 U.S.C. 421(c)) shall apply (a) FISCAL YEAR 1997 LIMITATION.—(1) Dur- Secretary considers appropriate. The Sec- to the agreements as acquisitions of com- ing fiscal year 1997, the number of covered retary may authorize a lower rate than the mercial items. beneficiaries who are enrolled in managed maximum rate that would otherwise apply (3) The implementation of an agreement is care plans offered by designated providers under subsection (a) if the lower rate is subject to availability of funds for such pur- may not exceed the number of such enrollees agreed to by the designated provider and the pose. as of October 1, 1995. private facility or health care provider. (c) EFFECTIVE DATE OF AGREEMENTS.—(1) (2) The Secretary may waive the limitation (c) REGULATIONS.—The Secretary shall pre- Unless an earlier effective date is agreed under paragraph (1) if the Secretary deter- scribe regulations to implement this section June 19, 1996 CONGRESSIONAL RECORD — SENATE S6487 after consultation with the other admin- and authorizing them to provide health I ask unanimous consent that the istering Secretaries. care to military beneficiaries, includ- summary I mentioned be printed in the (d) CONFORMING AMENDMENT.—Section 1074 ing retirees and family members of ac- RECORD. of title 10, United States Code, is amended by striking out subsection (d). tive-duty personnel and retirees. I was There being no objection, the mate- proud to join as a cosponsor of that rial was ordered to be printed in the SEC. 726. PAYMENTS FOR SERVICES. (a) FORM OF PAYMENT.—Unless otherwise amendment during my first year in the RECORD, as follows: agreed to by the Secretary and a designated Senate. SECTION-BY-SECTION SUMMARY OF THE provider, the form of payment for services USTFs have performed well over the GORTON AMENDMENT provided by a designated provider shall be past 15 years as providers of cost-effec- The amendment adds a new subtitle B to full risk capitation. The capitation pay- tive and quality military health care. title VII dealing with the Uniformed Serv- ments shall be negotiated and agreed upon There are currently 9 USTFs operated ices Treatment Facilities. by the Secretary and the designated pro- by 7 organizations serving about 120,000 Section 721 defines nine terms in subtitle vider. In addition to such other factors as military beneficiaries in nine States: B. the parties may agree to apply, the capita- Section 722 reauthorized the USTFs as tion payments shall be based on the utiliza- Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, ‘‘designated providers’’ of health care to tion experience of enrollees and competitive military beneficiaries. DOD is directed to ne- market rates for equivalent health care serv- Ohio, Texas, and Washington. These fa- gotiate and enter into new agreements with ices for a comparable population to such en- cilities have a loyal base of bene- each USTF on a sole source basis. Although rollees in the area in which the designated ficiaries who have come to rely on the competitive requirements of the Federal provider is located. them as their primary care providers. Acquisition Regulations (FAR) would not (b) LIMITATION ON TOTAL PAYMENTS.—Total USTFs have also pioneered new inno- apply, the FAR would apply to USTF agree- capitation payments to a designated pro- vations in military health care, includ- ments as ‘‘acquisitions of commercial vider shall not exceed an amount equal to ing full at-risk managed care. I spon- items.’’ The new USTF agreements would be the cost that would have been incurred by sored an amendment in 1992 that re- required by the later of October 1, 1997 (when the Government if the enrollees had received the current agreements expire) or when their care through a military treatment fa- quired the Department of Defense TRICARE is implemented in the region cility, the TRICARE program, or the medi- [DOD] to enter into agreements with served by the USTF. The Seattle USTF, how- care program, as the case may be. USTFs to carry out a managed care de- ever, could begin their agreement sooner (c) ESTABLISHMENT OF PAYMENT RATES ON livery program. The USTFs managed than October 1, 1997. USTFs which will not ANNUAL BASIS.—The Secretary and a des- care program, called the Uniformed have TRICARE in their regions until after ignated provider shall establish capitation Services Family Health Plan, I am 1997 will automatically have their current payments on an annual basis, subject to peri- participation agreement extended. The odic review for actuarial soundness and to told, has further reduced costs and has consistently received a favorable bene- USTFs shall comply with ‘‘necessary and ap- adjustment for any adverse or favorable se- propriate’’ administrative requirements es- lection reasonably anticipated to result from ficiary rating in excess of 90 percent. tablished by DOD for other health care pro- the design of the program. The USTFs are now at a crossroads. viders. USTFs would be exempt from state (d) ALTERNATIVE BASIS FOR CALCULATING With their current participation agree- health maintenance organization licensure PAYMENTS.—After September 30, 1999, the ments expiring next year, USTFs and requirements. A USTF could not contract Secretary and a designated provider may DOD entered into negotiations late last out more than 5% of its primary care enroll- mutually agree upon a new basis for cal- year aimed at integrating the USTFs ment without DOD’s approval, except for culating capitation payments. program into the overall military contracts in effect on the date of enactment. SEC. 727. REPEAL OF SUPERSEDED AUTHORI- Section 723 established the process for ap- TIES. health care system. The negotiations resulted in a set of ‘‘guiding prin- plying the uniform benefit to the USTFs. (a) REPEALS.—The following provisions of The USTFs would be required to apply the law are repealed: ciples’’ which both DOD and USTFs ac- TRICARE Prime enrollment fees and in- (1) Section 911 of the Military Construction cepted. My amendment implements creased co-payments the later of October 1, Authorization Act, 1982 (42 U.S.C. 248c). these ‘‘guiding principles’’ by clarify- 1996 or when TRICARE is implemented in (2) Section 1252 of the Department of De- ing how the USTF program will be in- their region. DOD has the discretion to pre- fense Authorization Act, 1984 (42 U.S.C. 248d). tegrated into the TRICARE program. scribe a later date or reduce the cost shares. (3) Section 718(c) of the National Defense With one exception concerning the date Section 724 establishes two enrollee caps to Authorization Act for Fiscal year 1991 (Pub- limit the growth of the USTFs. For FY-1997, lic Law 101–510; 42 U.S.C. 248c note). for the application of TRICARE enroll- ment fees and increased co-payments, the enrollee cap consists of the total number (4) Section 726 of the National Defense Au- of those enrolled in the program (even those thorization Act for Fiscal Year 1996 (Public my amendment is identical to the pro- for which no funding was provided) as of Oc- Law 104–106; 42 U.S.C. 248c note). visions of the House-passed National tober 1, 1995 plus new active-duty dependents (b) EFFECTIVE DATE.—The amendments Defense Authorization Act for fiscal that DOD could waive into the program. For made by this section shall take effect on Oc- year 1997. FY-1998 and beyond, the program enrollee tober 1, 1997. My amendment reflects a careful cap is 10% higher than the previous year. Mr. GORTON. Mr. President, today I compromise reached between the This section also requires that all existing am offering an amendment which de- USTFs and DOD to protect the inter- enrollees continue to receive care under the fines the future for Uniformed Services ests of the military beneficiary and the new agreements unless the beneficiary Treatment Facilities [USTFs] in order taxpayer. In addition to integrating disenrolls. The USTF can also enroll addi- to ensure that these hospitals and clin- tional beneficiaries, but can only market to the USTFs into TRICARE, my amend- those who do not have other non-govern- ics can continue to provide high-qual- ment limits the growth of the USTF mental primary health insurance coverage or ity care to thousands of military bene- program and implements a rec- are participating in the TRICARE program. ficiaries throughout the country. Sen- ommendation of a new GAO report by This section also authorized DOD to auto- ators SARBANES, MOYNIHAN, and MUR- disenrolling USTF beneficiaries who matically disenroll any beneficiary over 65 RAY have joined me as cosponsors of receive benefits under Medicare. A who unlawfully receives benefits under Medi- this amendment. I appreciate the ac- more detailed section-by-section sum- care. This provision reflects the rec- commodation of the Committee leader- mary of my amendment will follow this ommendations of a new GAO report and ship for clearing my amendment for in- should prevent double payments. statement. Section 725 applies the CHAMPUS payment clusion in the Senate version of the Na- Mr. President, this amendment is a rules to the USTFs. DOD could modify the tional Defense Authorization Act for true compromise which serves the in- payment rules as appropriate and could au- fiscal year 1997. terest of American servicemen and thorize a lower rate than the maximum rate USTFs are former Public Health women. It not only has the support of if agreed to by the USTF and the primary Service hospitals that were transferred the Health Affairs Office at the Defense health care provider facility. to private, not-for-profit ownership Department, but except for the one dif- Section 726 states that the form of pay- during the Reagan administration. The ference already mentioned, the en- ments for the USTFs will be full-risk capita- late Senator from Washington State, tirety of my amendment has been in- tion negotiated and agreed upon by DOD and the USTFs. The capitation payments must Scoop Jackson, sponsored legislation cluded in the House-passed bill. I thank be based on utilization experience of enroll- in 1981 that completed this transition the Committee leadership for agreeing ees and ‘‘competitive market rates’’ for by deeming these hospitals and clinics to include this amendment in the Sen- equivalent health care services for a com- facilities of the Uniformed Services ate bill as well. parable population in the area served by the S6488 CONGRESSIONAL RECORD — SENATE June 19, 1996 USTF. The total capitation cannot exceed (3) is located at a service academy under ward to the academies’ voluntary par- the amount incurred had the beneficiary re- the jurisdiction of the Secretary; and ticipation in and the overall success of ceived care from a military hospital or under (4) is excess to the requirements of the this program. TRICARE. The capitation payments will be academy. Mr. KEMPTHORNE. This amendment established on an annual basis and subject to (c) PROGRAM COMMENCEMENT.—The Sec- periodic review to reflect actuarial sound- retary concerned shall commence carrying has been cleared on our side. ness and adverse selection. The USTFs and out the pilot program, if at all, during fiscal Mr. NUNN. Mr. President, I urge its DOD may mutually agree upon a new basis year 1997. adoption. for calculating capitation payments after (d) APPLICABILITY OF GOOD SAMARITAN The PRESIDING OFFICER. Without September 30, 1999. FOOD DONATION ACT.—Section 402 of the Na- objection, the amendment is agreed to. Section 727 repeals much of the existing, tional and Community Service Act of 1990 (42 The amendment (No. 4066) was agreed now superseded USTF provisions, including U.S.C. 12672) shall apply to donations and to. the statutory status, the authority for man- collections of food and grocery products Mr. KEMPTHORNE. Mr. President, I aged care agreements, and the application of under the pilot program without regard to move to reconsider the vote. section 403 of such Act (42 U.S.C. 12673). the FAR and the TRICARE cost shares. The Mr. NUNN. I move to lay that motion repeals take effect on October 1, 1997. (e) REPORTS.—(1) Each Secretary that car- on the table. Mr. KEMPTHORNE. Mr. President, I ries out a pilot program at a service acad- emy under this section shall submit to Con- The motion to lay on the table was believe this amendment has been gress an interim report and a final report on agreed to. cleared. the pilot program. AMENDMENT NO. 4067 Mr. NUNN. I urge adoption of the (2) The Secretary concerned shall submit (Purpose: To provide for the designation of a amendment. the interim report not later than one year memorial as the National D-Day Memorial) after the date on which the Secretary com- The PRESIDING OFFICER. Without Mr. KEMPTHORNE. Mr. President, objection, the amendment is agreed to. mences the pilot program at a service acad- emy. on behalf of Senator WARNER, I offer an The amendment (No. 4065) was agreed amendment that would designate a me- to. (3) The Secretary concerned shall submit the final report not later than 90 days after morial to be constructed in Bedford, Mr. KEMPTHORNE. Mr. President, I the Secretary completes the pilot program VA, to be known as the ‘‘National D- move to reconsider the vote. at a service academy. Day Memorial.’’ Mr. NUNN. I move to lay that motion (4) Each report shall include the following: The PRESIDING OFFICER. The on the table. (A) A description of the conduct of the clerk will report. The motion to lay on the table was pilot program. agreed to. (B) A discussion of the experience under The Senator from Idaho [Mr. the pilot program. KEMPTHORNE], for Mr. WARNER, proposes an AMENDMENT NO. 4066 (C) An evaluation of the extent to which amendment numbered 4067. (Purpose: To authorize the Secretaries of the section 402 of the National and Community At the appropriate place in title X, insert military departments and the Secretary of Service Act of 1990 (42 U.S.C. 12672) has been the following: Transportation to carry out a food dona- effective in protecting the United States and SEC. . DESIGNATION OF MEMORIAL AS NA- tion pilot program at the service acad- others from liabilities associated with ac- TIONAL D–DAY MEMORIAL. emies) tions taken under the pilot program. (a) DESIGNATION.—The memorial to be con- Mr. NUNN. Mr. President, on behalf (D) Any recommendations for legislation structed by the National D–Day Memorial of Senator SARBANES, I offer an amend- to facilitate donations or collections of ex- Foundation in Bedford, Virginia, is hereby ment which would authorize the Sec- cess food and grocery products of the United designated as a national memorial to be retaries of the military departments States or others for nonprofit organizations. known as the ‘‘National D–Day Memorial’’. (f) DEFINITIONS.—In this section: The memorial shall serve to honor the mem- and the Secretary of Transportation to (1) The term ‘‘service academy’’ means bers of the Armed Forces of the United carry out a food donation program at each of the following: States who served in the invasion of Nor- the service academies, under their re- (A) The United States Military Academy. mandy, France, in June 1944. spective jurisdiction. I believe this (B) the United States Naval Academy. (b) PUBLIC PROCLAMATION.—The President amendment has been cleared on the (C) The United States Air Force Academy. is requested and urged to issue a public proc- other side. (D) The United States Coast Guard Acad- lamation acknowledging the designation of The PRESIDING OFFICER. The emy. the memorial to be constructed by the Na- (2) The term ‘‘Secretary concerned’’ means tional D–Day Memorial Foundation in Bed- clerk will report. the following ford, Virginia, as the National D–Day Memo- The Senator from Georgia [Mr. NUNN], for (A) The Secretary of the Army, with re- rial. Mr. SARBANES, for himself and Ms. MIKULSKI, spect to the United States Military Acad- (c) MAINTENANCE OF MEMORIAL.—All ex- proposes an amendment numbered 4066. emy. penses for maintenance and care of the me- Mr. NUNN. Mr. President, I ask (B) The Secretary of the Navy, with re- morial shall be paid for with non-Federal unanimous consent that reading of the spect to the United States Naval Academy. funds, including funds provided by the Na- (C) The Secretary of the Air Force, with tional D–Day Memorial Foundation. The amendment be dispensed with. respect to the United States Air Force Acad- The PRESIDING OFFICER. Without United States shall not be liable for any ex- emy. pense incurred for the maintenance and care objection, it is so ordered. (D) The Secretary of Transportation, with of the memorial. The amendment is as follows: respect to the United States Coast Guard Mr. WARNER. Mr. President, I rise Academy. At the end of subtitle F of title X, add the today to urge my colleagues to support following: (3) The terms ‘‘apparently fit grocery prod- the designation of the memorial to be SEC. 1072. FOOD DONATION PILOT PROGRAM AT uct’’, ‘‘apparently wholesome food’’, ‘‘do- THE SERVICE ACADEMIES. nate’’, ‘‘food’’, and ‘‘grocery product’’ have constructed in Bedford, Virginia as the (a) PROGRAM AUTHORIZED.—The Secretaries the meanings given those terms in section National D–Day Memorial. of the military departments and the Sec- 402(b) of the National and Community Serv- The Normandy Invasion of June 6, retary of Transportation may each carry out ice Act of 1990 (42 U.S.C. 12672(b)). 1944—more commonly known as D– a food donation pilot program at the service Mr. SARBANES. Mr. President, I am Day—was the largest air, land, and sea academy under the jurisdiction of the Sec- pleased to offer this amendment which invasion ever undertaken. The sheer retary. would establish a voluntary food dona- magnitude of the invasion, which in- (b) DONATIONS AND COLLECTIONS OF FOOD tion pilot program at the service acad- cluded 4,870 ships, 7,200 planes and AND GROCERY PRODUCTS.—Under the pilot program, the Secretary concerned may do- emies. The amendment would provide 250,000 soldiers was unprecedented. By nate to, and permit others to collect for, a the academies with the necessary au- the battle’s end, causalities for the Al- nonprofit organization any food or grocery thority to donate surplus foods to non- lied forces numbered 9,758, including product that— profit organizations for hunger relief 6,603 Americans. As the turning point (1) is— efforts in their local communities. in World War II, D–Day will forever be (A) an apparently wholesome food; With the need for food assistance es- remembered as the decisive battle that (B) an apparently fit grocery product; or calating, especially among our working spelled the beginning of the end for (C) a food or grocery product that is do- nated in accordance with section 402(e) of the poor, this additional source of food Hitler’s dream of Nazi domination of National and Community Service Act of 1990 which might otherwise go to waste, the world. (42 U.S.C.A 12672(e)); could help to alleviate hunger in these Remarkably, there is no memorial in (2) is owned by the United States; surrounding communities. I look for- the United States commemorating this June 19, 1996 CONGRESSIONAL RECORD — SENATE S6489 important battle. My amendment In section 412(5), strike out ‘‘10,378’’ and in- tiated an Inter-theater Lift Analysis to would rectify this oversight by des- sert in lieu thereof ‘‘10,403’’. determine the impact of the C–17 on ignating the memorial to be con- In section 421, strike out ‘‘$69,878,430,000’’ the C–130 requirements. Furthermore, structed in Bedford, Virginia as the Na- in the first sentence and insert in lieu there- the Air Force has not yet completed its of ‘‘$69,880,430,000’’. tional D–Day Memorial. In section 201(3), strike out ‘‘$14,788,356,000’’ C–130 Master Stationing Plan. Bedford is the ideal location for a Na- and insert in lieu thereof ‘‘$14,783,356,000’’. My colleagues and I believe it is pre- tional D–Day Memorial for several rea- In section 301(4), strike out ‘‘$17,953,039,000’’ mature to reduce the Air National sons. Most important, Bedford, VA— and insert in lieu thereof ‘‘$17,949,339,000’’. Guard C–130 fleet below current levels home base for Company A of the 116th At the end of subtitle B of title V add the until both of the studies have been Infantry Regiment—sustained the following: completed and the comprehensive highest per-capita loss of any single SEC. 518. MODIFIED END STRENGTH AUTHORIZA- Total Force airlift requirements have TION FOR MILITARY TECHNICIANS community as a result of the D–Day in- FOR THE AIR NATIONAL GUARD FOR been approved by Congress. vasion. In addition, the 88-acre scenic FISCAL YEAR 1997. Mr. President, I ask unanimous con- site is easily accessible via the inter- Section 513(b)(3) of the National Defense sent to have printed in the RECORD a state highway system and overlooks Authorization Act for Fiscal Year 1996 (Pub- letter from the Adjutant General of the beautiful Blue Ridge Mountains. lic Law 104–106; 110 Stat. 305; 10 U.S.C. 115 Kentucky, Gen. John R. Groves, Jr. note) is amended to read as follows: It is important to realize that this General of the Kentucky National designation is not exclusively granted ‘‘(3) Air National Guard: ‘‘(A) For fiscal year 1996, 22,906. Guard immediately following my re- to the memorial in Bedford, and obli- ‘‘(B) For fiscal year 1997, 22,956.’’. marks. gates no federal funds for construction Mr. BYRD. Mr. President, this There being no objection, the letter or operation of the memorial now or in was ordered to be printed in the the future. amendment which I am offering on be- RECORD, as follows: When completed, this memorial will half of myself and Senators FORD and COMMONWEALTH OF KENTUCKY, serve as a lasting tribute to all who FEINSTEIN enables Air National Guard units in North Carolina, Tennessee, DEPARTMENT OF MILITARY AFFAIRS, took part in D–Day, as a reminder of Frankfort, KY, April 18, 1996. the price paid for freedom and peace, West Virginia, Kentucky, and Califor- nia to maintain their full complement The Adjutant General and as a resource to educate future 100 Minuteman Parkway generations about the significance and of 12 C–130’s. Without $6.7 million in op- Frankfort, KY. erations and maintenance funds and sacrifice of D–Day. Hon. WENDELL H. FORD, Mr. KEMPTHORNE. Mr. President, $2.0 million in personnel funds, these Russell Senate Office Building, this has been cleared by the other side. units would be forced, prematurely and Washington, DC. Mr. NUNN. I urge adoption of the perhaps unnecessarily, to reduce their DEAR SENATOR FORD: The upcoming con- amendment. airlift capacity to 10 aircraft per unit. gressional action concerning Defense Au- The PRESIDING OFFICER. Without The President’s budget for Fiscal thorization Bills is one of great importance objection, the amendment is agreed to. Year 1997 reduces the Air National to the Commonwealth of Kentucky and the Guard inventory of C–130’s in these five Nation. We in Kentucky ask for you and The amendment (No. 4067) was agreed your colleagues’ support of the following to. states from 12 aircraft per unit to 10 in accordance with earlier Air Force pro- facts as they relate to the Air National Mr. KEMPTHORNE. Mr. President, I Guard’s role in National Defense. gram decisions. However, subsequent move to reconsider the vote. The Kentucky Air National Guard has Mr. NUNN. I move to lay that motion to the FY 1997 budget submission, the proven to be one of the most cost-effective on the table. Air Force initiated an airlift analysis means of maintaining the Nation’s Total Air The motion to lay on the table was which, together with congressionally- Force capability within the constraints of a agreed to. directed C–130 Master Stationing Plan, shrinking defense budget. This has never been more evident than with our Air Na- AMENDMENT NO. 4068 would provide the Air Force with a tional Guard C–130H aircraft and unit per- (Purpose: To increase authorizations of ap- comprehensive look at long-term air- lift requirements. Therefore, it is pre- sonnel constantly being involved in world- propriations for the Air National Guard by wide contingencies. $8,700,000 for support of 10 primary author- mature to reduce the number of air- craft in these units until the total Our Kentucky Air National Guard units as ized C–130 aircraft for each airlift squadron well as those of other C–130 states like; West in the Air National Guard of Kentucky, force requirements analysis is com- Virginia, North Carolina, Tennessee and West Virginia, North Carolina, Tennessee, pleted. If these aircraft and personnel California are more involved today than ever and California; and to increase various per- are eliminated from the force, it would before. Recently, I watched Kentucky C–130’s sonnel end strength authorizations by 385 be difficult to replace them, should the fly out of Louisville International Airport for support of such aircraft) ongoing study demonstrate an ongoing for destination like Honduras and Germany Mr. NUNN. Mr. President, on behalf requirement for them. in support of Operation Joint Endeavor. The of Senator BYRD, for himself, Senators Mr. President, airlift has long been men and women of the Kentucky Air Na- FORD and FEINSTEIN, I offer an amend- the ugly duckling of aircraft programs, tional Guard perform these and many other missions in support of national policy with a ment which would authorize the Air drab and utilitarian next to the swans National Guard to retain 10 C–130 air- high degree of experience and an even higher that are fighter and bomber aircraft. degree of professionalism. craft in each of the five National Guard But airlift is essential to every mili- C–130 squadrons. I believe this amend- For years the Congress has provided fund- tary operation, delivering the supplies ing to maintain several Air National Guard ment has been cleared on the other that keep our military going. Air Na- C–130 units at 12 primary authorized aircraft side. tional Guard units are critical to main- (PAA). Secretary Perry has indicated the Air The PRESIDING OFFICER. The taining the supply pipeline, and I am National Guard’s participation in airlift will clerk will report. confident that the Air Force study will continue to increase, as I am sure is based on The legislative clerk read as follows: the great record of Total Force support by recognize the value of retaining the The Senator from Georgia [Mr. NUNN], for Air National Guard C–130 units like Ken- maximum number of C–130’s in the in- tucky. If the Air National Guard’s support of Mr. BYRD, for himself, Mr. FORD, and Mrs. ventory. FEINSTEIN, proposes an amendment num- national defense initiatives continues, then bered 4068. Mr. FORD. This amendment is very so should the funding of twelve primary au- simple, and as I understand, is accept- thorized aircraft and its associated personnel Mr. NUNN. Mr. President, I ask able to both sides. During the 1997 Fis- package. Reduced funds in the FY 97 Defense unanimous consent that reading of the cal Year budget deliberations at the budget and further reductions in the out amendment be dispensed with. Pentagon, a decision was made to re- years of defense budgets will impact the Air The PRESIDING OFFICER. Without duce the Air National Guard C–130 fleet National Guard’s ability to step up to in- objection, it is so ordered. creased operations tempo. by ten aircraft. Two aircraft would be The amendment is as follows: We in Kentucky feel strongly that the Air In section 301(11), strike out ‘‘$2,692,473,000’’ taken from each of the five units in the National Guard force structure should re- and insert in lieu thereof ‘‘$2,699,173,000’’. States of Kentucky, West Virginia, main constant until a new National Security In section 411(a)(5), strike out ‘‘108,594’’ and California, North Carolina and Ten- Review is completed and that the C–130 air- insert in lieu thereof ‘‘108,904’’. nessee. However, the Air Force has ini- lift units in the five states mentioned above S6490 CONGRESSIONAL RECORD — SENATE June 19, 1996 should retain their current primary author- to carry of the transfer of design infor- (1) by striking out subparagraph (A) and ized aircraft of twelve. This would most as- mation for the fiscal year 1998 nuclear inserting in lieu thereof the following new suredly be more cost effective than any re- attack submarine from the lead design subparagraph (A): duction of authorized aircraft necessary to shipyard, Electric Boat, to Newport ‘‘(A) awarding scholarships to undergradu- meet near term total Air Force require- ate students who— ments. News Shipbuilding and Drydock, the ‘‘(i) are United States citizens in order to The stabilization of these five states C–130 shipyard that will build the fiscal year enable such students to study, for at least units at 12 (PAA) would require Congres- 1999 submarine. In its present form sec- one academic semester or equivalent term, sional restoration of $8.7 million in Air Na- tion 123 would direct that design trans- in foreign countries that are critical coun- tional Guard accounts for operations, main- fer be funded from the Navy’s Research tries (as determined under section tenance and military personnel. Addition- and Development account. Subsequent 803(d)(4)(A) of this title) in those languages ally, authorized manpower increases of 25 to markup and referral of the bill, I and study areas where deficiencies exist (as identified in the assessments undertaken AGR’s 310 drill, and 50 military technician have been informed by the Navy that positions are necessary to support maintain- pursuant to section 806(d) of this title); and ing these units. the correct account to fund this activ- ‘‘(ii) pursuant to subsection (b)(2)(A) of If my office can be of any assistance to you ity should be the Shipbuilding and Con- this section, enter into an agreement to in this concern of great importance to the version, Navy appropriation. work for, and make their language skills Commonwealth, please call me at (502) 564– This amendment will require no available to, an agency or office of the Fed- 8558. Thank you. change in funding levels in the bill that eral Government or work in the field of high- JOHN R. GROVES, JR. BG, KYNG, is under consideration. Sufficient re- er education in the area of study for which The Adjutant General. the scholarship was awarded;’’; and sources have been proposed in the bill (2) in subparagraph (B)— Mr. KEMPTHORNE. I urge its adop- to carry out design transfer activities (A) in clause (i), by inserting ‘‘relating to tion. for the fiscal year 1999 submarine. The the national security interests of the United The PRESIDING OFFICER. Without amendment is simply a bookkeeping States’’ after ‘‘international fields’’; and objection, the amendment is agreed to. change that will properly align funding (B) in clause (ii)— The amendment (No. 4068) was agreed sources with intended activity. (i) by striking out ‘‘subsection (b)(2)’’ and to. I encourage the other members to inserting in lieu thereof ‘‘subsection Mr. NUNN. Mr. President, I move to join me in voting in favor of this (b)(2)(B)’’; and (ii) by striking out ‘‘work for an agency or reconsider the vote. amendment. office of the Federal Government or in’’ and Mr. KEMPTHORNE. I move to lay Mr. KEMPTHORNE. This amendment inserting in lieu thereof ‘‘work for, and make that motion on the table. has been cleared. their language skills available to, an agency The motion to lay on the table was Mr. NUNN. I urge its adoption. or office of the Federal Government or work agreed to. The PRESIDING OFFICER. Without in’’. (c) SERVICE AGREEMENT.—Subsection (b) of AMENDMENT NO. 4069 objection, the amendment is agreed to. The amendment (No. 4069) was agreed that section is amended— (Purpose: To modify the specification of the (1) in the matter preceding paragraph (1), source authorization of appropriations for to. Mr. KEMPTHORNE. Mr. President, I by striking out ‘‘, or of scholarships’’ and all certain submarine program contracts) that follows through ‘‘12 months or more,’’ Mr. KEMPTHORNE. Mr. President, move to reconsider the vote. and inserting in lieu thereof ‘‘or any scholar- Mr. NUNN. I move to lay that motion on behalf of Senator COHEN, I offer an ship’’. amendment that would properly iden- on the table. (2) by striking out paragraph (2) and in- The motion to lay on the table was tify the appropriation that will be used serting in lieu thereof the following new agreed to. paragraph (2): to fund the transfer of design informa- AMENDMENT NO. 4070 ‘‘(2) will— tion for the next nuclear attack sub- ‘‘(A) not later than eight years after such (Purpose: To improve the National Security marine from the lead design shipyard recipient’s completion of the study for which Education Program) to the second building shipyard, under scholarship assistance was provided under the terms of an agreement that has Mr. NUNN. Mr. President, on behalf the program, and in accordance with regula- been negotiated between the Navy and of Senator SIMON, I offer an amend- tions issued by the Secretary— the two building yards. ment which would revise the National ‘‘(i) work in an agency or office of the Fed- eral Government having national security The PRESIDING OFFICER. The Security Education Program by revis- ing the service requirement for award responsibilities (as determined by the Sec- clerk will report. retary in consultation with the National Se- The legislative clerk read as follows: recipients and making other improve- ments in the program. I believe this curity Education Board) and make available such recipient’s foreign language skills to an The Senator from Idaho [Mr. amendment has also been cleared by KEMPTHORNE], for Mr. COHEN, proposes an agency or office of the Federal Government amendment numbered 4069. the other side. approved by the Secretary (in consultation The PRESIDING OFFICER. The Mr. KEMPTHORNE. Mr. President, I with the Board), upon the request of the clerk will report. agency or office, for a period specified by the ask unanimous consent that reading of The legislative clerk read as follows: Secretary, which period shall be no longer the amendment be dispensed with. The Senator from Georgia [Mr. NUNN], for than the period for which scholarship assist- The PRESIDING OFFICER. Without Mr. SIMON, proposes an amendment num- ance was provided; or objection, it is so ordered. bered 4070. ‘‘(ii) if the recipient demonstrates to the The amendment is as follows: Secretary (in accordance with such regula- Mr. NUNN. Mr. President, I ask tions) that no position in an agency or office In section 123(a), strike out paragraph (2), unanimous consent that reading of the and insert in lieu thereof the following: of the Federal Government having national amendment be dispensed with. security responsibilities is available, work in (2) In addition to the purposes for which The PRESIDING OFFICER. Without the amount authorized to be appropriated by the field of higher education in a discipline section 102(a)(3) is available under subpara- objection, it is so ordered. relating to the foreign country, foreign lan- graphs (B) and (C) of paragraph (1), the The amendment is as follows: guage, area study, or international field of amounts available under such subparagraphs On page 311, between lines 9 and 10, insert study for which the scholarship was awarded, are also available for contracts with Electric the following: for a period specified by the Secretary, which Boat Division and Newport News Shipbuild- SEC. 1072. IMPROVEMENTS TO NATIONAL SECU- period shall be determined in accordance ing to carry out the provisions of the RITY EDUCATION PROGRAM. with clause (i); or ‘‘Memorandum of Agreement Among the De- (a) REPEAL OF TEMPORARY REQUIREMENT ‘‘(B) upon completion of such recipient’s partment of the Navy, Electric Boat Cor- RELATING TO EMPLOYMENT.—Title VII of the education under the program, and in accord- poration (EB) and Newport News Shipbuild- Department of Defense Appropriations Act, ance with such regulations— ing and Drydock Company (NNS) Concerning 1996 (Public Law 104–61; 109 Stat. 650), is ‘‘(i) work in an agency or office of the Fed- the New Attack Submarine’’, dated April 5, amended under the heading ‘‘NATIONAL SECU- eral Government having national security 1996, relating to design data transfer, design RITY EDUCATION TRUST FUND’’ by striking responsibilities (as so determined) and make improvements, integrated process teams, and out the proviso. available such recipient’s foreign language updated design base. (b) GENERAL PROGRAM REQUIREMENTS.— skills to an agency or office of the Federal Subsection (a)(1) of section 802 of the David Government approved by the Secretary (in Mr. COHEN. Mr. President, this L. Boren National Security Education Act of consultation with the Board), upon the re- amendment is intended to properly 1991 (title VIII of Public Law 102–183; 50 quest of the agency or office, for a period identify the resources that will be used U.S.C. 1902) is amended— specified by the Secretary, which period June 19, 1996 CONGRESSIONAL RECORD — SENATE S6491 shall be not less than one and not more than so improved, in meeting the national secu- spective. I am worried by the present threat three times the period for which the fellow- rity objectives of the United States. to the future of the National Security Edu- ship assistance was provided; or Mr. SIMON. Mr. President, the Na- cation Program (NSEP). This has been a ‘‘(ii) if the recipient demonstrates to the tional Security Education Program has great success over here. The new service re- Secretary (in accordance with such regula- been temporarily suspended. The con- quirements that mandate future service in tions) that no position in an agency or office the Defense Department of ‘‘the intelligence of the Federal Government having national sequence is that an estimated 324 U.S. community’’ will, I fear, dry up the pool of security responsibilities is available upon graduate and undergraduate student fi- applicants, alienate the American scholarly the completion of the degree, work in the nalists are anxiously waiting to hear community, and undermine the ability of field of higher education in a discipline re- whether they will be able to study and awardees to operate comfortably in foreign lating to the foreign country, foreign lan- conduct research in critical national countries. guage, area study, or international field of security areas of the world. These stu- U.S. Japanese language students have been study for which the fellowship was awarded, dents are waiting because a change in the largest single group of NSEP grantees. for a period specified by the Secretary, which Therefore, the impact here of these new pro- period shall be established in accordance the service obligation was attached to the FY 1996 Defense Appropriations visions will be particularly severe. Is there with clause (i); and’’. any chance that the existing provisions (d) EVALUATION OF PROGRESS IN LANGUAGE Bill to require NSEP award recipients could be retained? SKILLS.—Such section 802 is further amended to ‘‘be employed by the Department of Increasing the numbers of American stu- by— Defense or in the Intelligence Commu- dents learning about Japan must be a major (1) redesignating subsections (c), (d), and nity.’’ Previously, students could fulfill of our efforts here. The goal of having more (e) as subsections (d), (e), and (f), respec- this requirement by working in any Americans learning about this very different tively; and society is in our long-term national security, (2) by inserting after subsection (b) the fol- branch of the federal government or higher education. as well as economic, interests. Currently, we lowing new subsection (c): have only about 1,700 American students in ‘‘(c) EVALUATION OF PROGRESS IN LANGUAGE The current service obligation is un- Japan, compared to 45,000 Japanese students SKILLS.—The Secretary shall, through the workable. However, I agree that there in the U.S. National Security Education Program office, should be a return of investment to the Since it started a couple of years ago, the administer a test of the foreign language Department of Defense for its support NSEP program has been a welcome contribu- skills of each recipient of a scholarship or of the National Security Education tor to the in-depth training of Americans. fellowship under this title before the com- mencement of the study or education for Program. To this end I am offering an Thanks to NSEP scholarships, 100 under- which the scholarship or fellowship is award- amendment that will improve this pro- graduates have already studied in Japan, and ed and after the completion of such study or gram by better targeting the service some 36 more are slated to come this year. education. The purpose of the tests is to obligation to meet national security I write you personally because I believe the evaluate the progress made by recipients of NSEP program has been very helpful and I needs and to increase program account- hope we can keep it going as presently con- scholarships and fellowships in developing ability. The continuation of the Na- foreign language skills as a result of assist- stituted. We would be glad to provide any ance under this title.’’. tional Security Education Program is further information that you may want. (e) FUNCTIONS OF THE NATIONAL SECURITY vital to fill the existing gap in America I hope you will have a chance to give this EDUCATION BOARD.—Section 803(d) of that for linguists and country specialists in matter your attention. Normally I wouldn’t Act (50 U.S.C. 1903(d)) is amended— critical areas of national security. write, but I believe the program as presently (1) in paragraph (1), by inserting ‘‘, includ- I would like to call the attention of written is very much in our interests. ing an order of priority in such awards that my colleagues to a letter that I re- Best wishes from Tokyo. favors individuals expressing an interest in ceived from the Honorable Walter Mon- Sincerely, WALTER F. MONDALE. national security issues or pursuing a career dale, Ambassador of the United States in an agency or office of the Federal Govern- Mr. KEMPTHORNE. Mr. President, ment having national security responsibil- to Japan, about the importance of the National Security Education Program. this amendment has been cleared. ities’’ before the period; Mr. NUNN. I urge its immediate (2) in paragraph (4)— As Ambassador Mondale’s letter (A) in the matter preceding subparagraph points out, we have only 1,700 Amer- adoption. (A), by striking out ‘‘Make recommenda- ican students studying in Japan, com- The PRESIDING OFFICER. Without tions’’ and inserting in lieu thereof ‘‘After pared with 45,000 Japanese students in objection, the amendment is agreed to. taking into account the annual analyses of the U.S. The National Security Edu- The amendment (No. 4070) was agreed trends in language, international, and area cation Program has made the largest to. studies under section 806(b)(1), make rec- Mr. NUNN. Mr. President, I move to ommendations’’; number of awards to American under- graduate and graduate students to reconsider the vote. (B) in subparagraph (A), by inserting ‘‘and Mr. KEMPTHORNE. I move to lay countries which are of importance to the na- learn the language and culture of tional security interests of the United Japan. This is only one example of over that motion on the table. States’’ after ‘‘are studying’’; and 100 countries in which NSEP recipients The motion to lay on the table was (C) in subparagraph (B), by inserting ‘‘re- have studied. The continuation of this agreed to. lating to the national security interests of program makes sense because it is in AMENDMENT NO. 4071 the United States’’ after ‘‘of this title’’; America’s long-term national security (Purpose: To require a modification of a plan (3) by redesignating paragraph (5) as para- for development of a program leading to graph (7); and and economic interests to educate our students in foreign languages and cul- production of a more capable and less ex- (4) by inserting after paragraph (4) the fol- pensive submarine than the New Attack lowing new paragraphs: tures. Submarine in order to advance by three ‘‘(5) Encourage applications for fellowships I urge my colleagues to read Ambas- years the earliest fiscal year in which a de- under this title from graduate students hav- sador Mondale’s letter and to work sign for a next submarine for serial produc- ing an educational background in disciplines with me to support improvements to tion may be selected.) relating to science or technology. the NSEP and the continuation of ‘‘(6) Provide the Secretary on an on-going Mr. KEMPTHORNE. Mr. President, basis with a list of scholarship recipients and other federal programs that support on behalf of Senator COHEN, I offer an fellowship recipients who are available to international educational and cultural amendment that deals with serial pro- work for, or make their language skills exchange. duction of New Attack Submarines. It available to, an agency or office of the Fed- I ask unanimous consent that Am- has been cleared by the other side. eral Government having national security bassador Mondale’s letter be printed in The PRESIDING OFFICER. The responsibilities.’’. the RECORD. clerk will report. (f) REPORT ON PROGRAM.—(1) Not later than There being no objection, the letter six months after the date of the enactment The legislative clerk read as follows: was order to be printed in the RECORD, of this Act, the Secretary of Defense shall The Senator from Idaho [Mr. submit to Congress a report assessing the as follows: KEMPTHORNE], for Mr. COHEN, proposes an improvements to the program established AMBASSADOR OF THE amendment numbered 4071. under the David L. Boren National Security UNITED STATES OF AMERICA, Mr. KEMPTHORNE. Mr. President, I Education Act of 1991 (title VIII of Public Tokyo, May 30, 1996. ask unanimous consent that reading of Law 102–183; 50 U.S.C. 1901 et seq.) that result Hon. PAUL SIMON, from the amendments made by this section. U.S. Senate, Washington DC. the amendment be dispensed with. (2) The report shall also include an assess- DEAR PAUL: I wanted to write you about a The PRESIDING OFFICER. Without ment of the contribution of the program, as matter that has come up to give you my per- objection, it is so ordered. S6492 CONGRESSIONAL RECORD — SENATE June 19, 1996 The amendment is as follows: are consistent with the position of the a second degree amendment at the At the end of section 123 add the following: Senate during last year’s conference. desk, and I ask for its immediate con- (e) NEXT ATTACK SUBMARINE AFTER NEW This year’s House version of the de- sideration. ATTACK SUBMARINE.—The Secretary of De- fense authorization bill provides exten- The PRESIDING OFFICER. The fense shall modify the plan (relating to de- sive direction of how it would pursue velopment of a program leading to produc- clerk will report. tion of a more capable and less expensive development of the next class of sub- The legislative clerk read as follows: submarine than the New Attack Submarine) marine. included is direction to the The Senator from Arizona [Mr. MCCAIN] that was submitted to Congress pursuant to Navy to develop six independent de- proposes an amendment numbered 4072 to section 131(c) of Public Law 104–106 (110 Stat. signs that would be completed in fiscal amendment 4061. 208) in order to provide in such plan for selec- year 2003. The winning design would The amendment is as follows: tion of a design for a next submarine for se- then become the basis for serial pro- At the end of the amendment add the fol- rial production not earlier than fiscal year duction of the next class of nuclear at- lowing: 2000 (rather than fiscal year 2003, as provided tack submarine. Aside from the cost Notwithstanding any other provision of in paragraph (3)(B) of such section 131(c)). implications of pursuing six independ- this Act, none of the funds authorized for Mr. COHEN. Mr. President, this ent designs, the consequences of delay- construction, Phase I, of a combined support amendment would restore the planning ing a design competition until fiscal maintenance shop at Camp Gunnson, Wyo- date for serial production of the next year 2003 and the ensuing delay of up to ming may be obligated until the Secretary of class of nuclear attack submarine to Defense certifies to Congress that the project two years before actual authorization is in the Future Years Defense Plan. the fiscal year 2000, the date reflected of the first submarine would be a gap of in last year’s Senate defense authoriza- four to five years between submarine Mr. McCAIN. Mr. President, I have tion bill. The amendment is intended contract awards no matter which ship- discussed this amendment with Sen- to resolve a flaw in congressional di- yard, Newport News or Electric Boat, ator SIMPSON. I have explained to him rection regarding serial production of wins the competition for serial produc- and to Senator THOMAS that the reason the next class of nuclear attack sub- tion. Such a lengthy production break this amendment was in violation of the marine that, if left standing, could could not be tolerated by either ship- sense of the Senate criteria for have a devastating impact on the Na- yard. The Secretary of Defense’s Re- MILCON, for military construction tion’s submarine industrial base. This port points out the disruptive effect of projects, was that it was not in the fu- flawed direction, contained in the sec- such a lengthy delay and notes the ture year defense plan. Both Senator tion 131 of the National Defense Au- need for additional authorizations in THOMAS and Senator SIMPSON pointed thorization Act for Fiscal Year 1996, order to maintain a viable construction out that it was an inadvertent absence mandates a delay in design competi- base for nuclear attack submarines. from the military future year defense tion for the next class of nuclear at- By accepting the Secretary of De- plan. If it was inadvertent, then clearly tack submarine until fiscal year 2003. fense’s proposal for incorporating new the Secretary of Defense can come over It was identified in the Secretary of technology into future nuclear attack with a letter and say this is in the fu- Defense Report on Nuclear Attack Sub- submarine and setting fiscal year 2000 ture year defense plan. And I believe marine Procurement and Submarine as the year in which serial production that Senator SIMPSON and Senator Technology that was submitted to Con- can begin, the future of the submarine THOMAS are confident that will happen gress on March 26, 1996 in compliance industrial base can be preserved. The especially since they were assured that with section 131 of last year’s defense Senate bill, as modified by this amend- there is a safety and health problem authorization bill. ment would accomplish that objective. here which they are very cognizant of, Under the assumption that no suit- I strongly encourage my colleagues in and that this is a very important able design could be available until the the Senate to join me in supporting the project. first decade of the next century, sec- amendment. I believe that it is sensible to ask for tion 131 directed the Secretary of De- Mr. NUNN. Mr. President, I urge the funds to be not authorized until the fense to plan to commence serial pro- adoption of the amendment. Secretary of Defense comes over with a duction of the next class of nuclear at- Mr. MCCAIN. Mr. President, I would letter saying that it is included in the tack submarine no earlier than fiscal like to know what the amendment is. I future year defense plan which I think year 2003. Let me emphasize that the would like an explanation of the could happen in a matter of days. Senate conferees did not share this amendment. Before I yield, I am fully aware that view, but accepted this proviso in sec- Mr. NUNN. I believe the Senator this is the last period of time here in tion 131, and others with which they from Idaho has the explanation. the Senate for my dear friend from Wy- disagreed, in order to reach conclusion Mr. KEMPTHORNE. Mr. President, oming, Senator SIMPSON. I am equally of a conference that had lasted far too this amendment would restore the appreciative of his continuing commit- long. planning date for serial production of ment to the people of Wyoming, and to The Secretary of Defense’s report the next class of nuclear submarines to the Guard in his State. He has never— makes clear the Department of De- fiscal year 2000, the date reflected in as he and I have discussed—come over fense’s disagreement with the premise last year’s Senate defense authoriza- for an additional project in the 10 years that the design being developed for the tion bill. that I have here—an unauthorized next nuclear attack submarine, now Mr. MCCAIN. Mr. President, I have project. He has never pork barreled. He called the New Attack Submarine, that no objection. has never sought special favors for his is to be first authorized in fiscal year The PRESIDING OFFICER. Without State. I do not believe he is doing so 1998 will be inadequate for the require- objection, the amendment is agreed to. now. ments set for it by the Joint Chiefs of The amendment (No. 4071) was agreed I am grateful that he accepts this Staff. This view is strongly supported to. second-degree amendment so that we by an independent Submarine Tech- Mr. KEMPTHORNE. Mr. President, I can get it done in the future year de- nology Assessment Panel that was move to reconsider the vote. fense plan and get the much needed commissioned by the Secretary of the Mr. NUNN. I move to lay that motion project for the State of Wyoming and Navy to assist in preparation of the on the table. for the men and women who serve Secretary of Defense’s report. The motion to lay on the table was there. The approach recommended by the agreed to. Mr. SIMPSON. Mr. President, I report and the panel is to: utilize the AMENDMENT NO. 4072 TO AMENDMENT NO. 4061 thank my friend from Arizona for help- New Attack Submarine design as the Mr. McCAIN. Mr. President, with the ing us to resolve this issue. I appre- basis for serial production; fund a con- indulgence of the managers, I have ciate his good faith assistance. It was tinuing level of effort for submarine re- worked out an agreement with Senator important to resolving it. search and development; and incor- SIMPSON. I would propose a second-de- I am going to say that I am going to porate new technologies that emerge gree amendment to the Simpson miss my friend from Arizona because from this research effort into the base amendment. I believe we can dispose of we do communicate at the most earthy design as they mature. These findings it by voice vote. Mr. President, I have levels of discussion. Both of us have June 19, 1996 CONGRESSIONAL RECORD — SENATE S6493 been trained in different fields. But Mr. SANTORUM, proposes an amendment My amendment would reaffirm in law there is no one I respect more and ad- numbered 4073. an authorization for the purchase and mire more. And I have said that. Some- Mr. NUNN. Mr. President, I ask conversion of the ships needed to pro- times this is but a sparrow gas in the unanimous consent that reading of the vide MPF Enhancement for the Marine midst of a typhoon compared to what amendment be dispensed with. Corps by the most cost effective means. the Senator from Arizona and I have The PRESIDING OFFICER. Without It will also provide a strong Senate po- been into in years past, especially with objection, it is so ordered. sition for use by our conferees that regard to senior citizens. But we will The amendment is as follows: stands in stark contrast to the exclu- At the end of subtitle C of title I add the not go into that. following: sionary one contained in the House So I thank him. I very much appre- SEC. 125. MARITIME PREPOSITIONING SHIP PRO- bill. I strongly encourage my fellow ciate it. I thank Senator NUNN and GRAM ENHANCEMENT. Senators to join Senator SANTORUM Senator KEMPTHORNE. This is a good Section 2218(f) of title 10, United States and myself in supporting this amend- resolution of an issue which was very Code, shall not apply in the case of the pur- ment. tough for us on behalf of my col- chase of three ships for the purpose of en- Mr. NUNN. Mr. President, I urge hancing Marine Corps prepositioning ship leagues. But I thank the Senator from squadrons. adoption of the amendment. Arizona very much. The PRESIDING OFFICER. Without Mr. NUNN. Mr. President, has the Mr. SMITH. Mr. President, since fis- objection, the amendment is agreed to. cal year 1995 the Senate has annually second-degree amendment been accept- The amendment (No. 4073) was agreed sponsored in its defense authorization ed? to. bill a program for enhancement of the The PRESIDING OFFICER. No. It Mr. KEMPTHORNE. Mr. President, I Marine Corps maritime prepositioning has not. move to reconsider the vote by which force by the purchase and conversion of The question is on agreeing to the the amendment was agreed to. three ships from the world market. An Mr. NUNN. I move to lay that motion second-degree amendment. additional ship for each of the three Mr. McCAIN. I ask unanimous con- Marine Corps prepositioned squadrons on the table. sent to vitiate the request for the yeas will allow them to carry extra mate- The motion to lay on the table was and nays which I made earlier. riel, including an expeditionary air- agreed to. The PRESIDING OFFICER. Is there field, a fleet hospital, a Navy mobile AMENDMENT NO. 4074 objection? Without objection, it is so construction battalion equipment set, (Purpose: To revise and improve the author- ordered. Marine Corps command element equip- ity for research projects under trans- The amendment (No. 4072) was agreed ment, and additional sustainment sup- actions other than contracts and grants to. plies. The lessons learned from the Ma- and for certain cooperative research and development agreements) Mr. NUNN. Mr. President, I urge rine Corps’ experience in Desert Storm adoption of the amendment, as amend- demonstrate that having this addi- Mr. NUNN. Mr. President, on behalf ed. tional equipment afloat on a continu- of Senator BINGAMAN, for himself and The PRESIDING OFFICER. Without ing basis will provide our warfighting Senator SMITH, I offer an amendment objection, the amendment is agreed to. commanders with much greater flexi- which would revise the legislation gov- The amendment (No. 4061) was agreed bility when they choose to employ Ma- erning the use of cooperative agree- to. rine Corps units. ments and innovative transaction au- Mr. KEMPTHORNE. Mr. President, I For 3 years the Senate Armed Serv- thorities under section 2371 of title X, move to reconsider the vote by which ices Committee has intensively studied United States Code. the amendment, as amended, was various options for providing MPF en- The revisions are supported by the agreed to. hancement for the Marine Corps. The Department of Defense. And I believe Mr. McCAIN. I move to lay that mo- objective has been an affordable pro- this amendment has also been cleared tion on the table. gram that will deliver an adequate ca- by the Republican side of the aisle. The motion to lay on the table was pability at the lowest cost to the tax- The PRESIDING OFFICER. The agreed to. payer. The committee has consistently clerk will report. Mr. KEMPTHORNE. Mr. President, I concluded that a program for purchase The legislative clerk read as follows: suggest the absence of a quorum. and modest conversion of existing ships The Senator from Georgia [Mr. NUNN], for The PRESIDING OFFICER. The represents the best means to achieve Mr. BINGAMAN, for himself and Mr. SMITH, clerk will call the roll. this goal. However, the committee has proposes an amendment numbered 4074. The bill clerk proceeded to call the avoided any temptation to foreclose The amendment is as follows: roll. possible alternatives. Consequently, At the end of title VIII add the following: Mr. KEMPTHORNE. Mr. President, I section 345 of the Senate bill, which SEC. 810. RESEARCH UNDER TRANSACTIONS ask unanimous consent that the order would authorize additional funds for OTHER THAN CONTRACTS AND for the quorum call be rescinded. the MPF Enhancement program, leaves GRANTS. The PRESIDING OFFICER. Without open the option to satisfy its require- (a) CONDITIONS FOR USE OF AUTHORITY.— objection, it is so ordered. Subsection (e) of section 2371 of title 10, ments by construction of new ships, if United States Code, is amended— AMENDMENT NO. 4073 this option can compete based on cost (1) by redesignating paragraphs (1) and (2) (Purpose: To waive a limitation on use of and timeliness. The Senate approach is as subparagraphs (A) and (B); funds in the National Defense Sealift Fund supported by the Marine Corps, the (2) by inserting ‘‘and’’ after semicolon at for purchasing three ships for the purpose Navy, and the Joint Chiefs of Staff, and the end of subparagraph (A), as so redesig- of enhancing Marine Corps prepositioning by the vast majority of United States nated; ship squadrons) shipyards. (3) by striking out ‘‘; and’’ at the end of Mr. KEMPTHORNE. Mr. President, Although the House supported the subparagraph (B), as so redesignated, and in- serting in lieu thereof a period; on behalf of Senator SMITH and Senate program for MPF Enhancement (4) by inserting ‘‘(1)’’ after ‘‘(e) CONDI- SANTORUM I offer an amendment that in both the fiscal year 1995 and 1996 de- TIONS.—’’; and would reaffirm in law the authority of fense authorization bills, it has now in- (5) by striking out paragraph (3) and in- the Secretary of the Navy to acquire cluded a provision in its version of the serting in lieu thereof the following: ships that are needed to improve the defense authorization bill that would ‘‘(2) A cooperative agreement containing a capability of the Marine Corps Mari- exclude the purchase and conversion of clause under subsection (d) or a transaction time Prepositions Force. existing ships for the MPF Enhance- authorized under subsection (a) may be used I believe this amendment has been ment program. This action is yet an- for a research project when the use of a cleared by the other side. other in a series of exclusionary provi- standard contract, grant, or cooperative The PRESIDING OFFICER. The sions proposed by the House that seek agreement for such project is not feasible or appropriate.’’. clerk will report. to limit competition, no matter what ‘‘(b) REVISED REQUIREMENT FOR ANNUAL The legislative clerk read as follows: the cost to the taxpayer and the ship REPORT.—Section 2371 of such title is amend- The Senator from Idaho [Mr. construction and repair industry as a ed by striking out subsection (h) and insert- KEMPTHORNE], for Mr. SMITH, for himself and whole. ing in lieu thereof the following: S6494 CONGRESSIONAL RECORD — SENATE June 19, 1996 ‘‘(h) ANNUAL REPORT.—(1) Not later than 90 (2) Section 2358(d) of such title is amended from the requirement that standard days after the end of each fiscal year, the by striking out ‘‘section 2371’’ and inserting contract, grant or cooperative agree- Secretary of Defense shall submit to the in lieu thereof ‘‘sections 2371 and 2371a’’. ment first be found not feasible or ap- Committee on Armed Services of the Senate Mr. BINGAMAN. Mr. President, the propriate for carrying out any given and the Committee on National Security of amendment which I have offered on be- the House of Representatives a report on De- project. The committee did not intend partment of Defense use during such fiscal half of myself and the Senator from that this requirement unduly restrict year of— New Hampshire makes a series of use of the other transactions instru- ‘‘(A) cooperative agreements authorized changes in section 2371 of title 10, Unit- ment. DARPA has properly interpreted under section 2358 of this title that contain ed States Code, that are designed to Congress’ intent that if the goal of a a clause under subsection (d); and make this authority more useful to the ‘‘(B) transactions authorized under sub- research project is to leverage the ca- section (a). military services and defense agencies. pabilities of firms who will not accept ‘‘(2) The report shall include, with respect Earlier this year, the General Ac- a standard grant, contract or coopera- to the cooperative agreements and other counting Office submitted a report to tive agreement to conduct defense re- transactions covered by the report, the fol- the Armed Services Committee enti- search, then it is not feasible or appro- lowing: tled ‘‘DOD Research: Acquiring Re- priate to use such instruments and the ‘‘(A) The technology areas in which re- search by Nontraditional Means.’’ I search projects were conducted under such use of other transactions authority is agreements or other transactions. was very encouraged by the findings of warranted. The committee intended ‘‘(B) The extent of the cost-sharing among this very constructive report. The re- that program managers in DARPA and Federal Government and non-Federal port concluded that cooperative agree- the services be given the discretion to sources. ments and other transactions carried make these judgments within a frame- ‘‘(C) The extent to which the use of the co- out under the authority of section 2371 work provided by overall defense guid- operative agreements and other trans- of title 10, United States Code, have actions— ance. The committee urged that these ‘‘(i) has contributed to a broadening of the provided DOD a tool to leverage the issues be clarified by the Office of the technology and industrial base available for private sector’s technological know- Secretary of Defense as soon as pos- meeting Department of Defense needs; and how and financial investment and have sible so that the services can gain the ‘‘(ii) has fostered within the technology attracted firms that traditionally did benefits which the GAO report dem- and industrial base new relationships and not perform research for DOD to carry- practices that support the national security onstrates DARPA has received from of the United States. ing out such research. use of other transactions. ‘‘(D) the total amount of payments, if any, Mr. President, in light of the signifi- Mr. President, since the committee’s that were received by the Federal Govern- cant declines projected in defense re- markup, Dr. Kaminski, the Under Sec- ment during the fiscal year covered by the search spending and the continued retary for Acquisition and Technology, report pursuant to a clause described in sub- rapid growth of private-sector research has provided additional information to section (d) that was included in the coopera- investments, Senator SMITH and I be- the committee about the changes tive agreements and transactions, and the lieve that it is going to become even amount of such payments, if any, that were which the Pentagon would like to see credited to each account established under more important for DOD to leverage in the other transactions authority in subsection (f).’’. commercial research investments and order to spur its use by the military (c) PROTECTION OF CERTAIN INFORMATION attract commercial firms to working services. I ask unanimous consent that FROM DISCLOSURE.—Such section, as amend- on service requirements. Innovative has written response to a question ed by subsection (b), is further amended by military leaders such as the Marine posed at our March hearing be printed inserting after subsection (h) the following: Corps Commandant, General Krulak, at the end of my remarks. (i) PROTECTION OF CERTAIN INFORMATION FROM DISCLOSURE.—(1) Disclosure of infor- and the former Vice Chairman of the The PRESIDING OFFICER. Without mation described in paragraph (2) is not re- Joint Chiefs, Admiral Owens, fully rec- objection, it is so ordered. quired, and may not be compelled, under sec- ognize this and are taking steps to in- (See exhibit 1.) tion 552 of title 5 for five years after the date sure the services leverage, and don’t Mr. BINGAMAN. Our amendment on which the information is received by the duplicate private sector efforts. makes the changes requested by Dr. Department of Defense. However, the report also points out Kaminski with one exception. We have ‘‘(2) Paragraph (1) applies to the following that DARPA has been the primary uti- preserved an annual report on the use information in the records of the Depart- of other transactions authority, but we ment of Defense if the information was sub- lizer of this innovative transaction au- mitted to the department in a competitive or thority thus far and that there has have changed the entire tone of that noncompetitive process having the potential been some confusion on the use of this reporting requirement. The reporting for resulting in an award, to the submitters, instrument among the services. Since requirement in our amendment would of a cooperative agreement that includes a DOD is preparing new guidance on this essentially ask DOD to continue to up- clause described in subsection (d) or other date the GAO report on an annual basis transactions authorized under subsection (a): matter, the Armed Services Committee in its report on the pending legislation so that we can judge how the services ‘‘(A) Proposals, proposal abstracts, and are doing in making use of this flexible supporting documents. sought to clarify several points. First, ‘‘(B) Business plans submitted on a con- the committee intended in creating authority to leverage the commercial sector to meet DOD’s needs for dual- fidential basis. other transactions authority to maxi- use technologies. ‘‘(C) Technical information submitted on a mize flexibility on intellectual prop- confidential basis.’’. Mr. President, I believe that it is im- (d) DIVISION OF SECTION INTO DISTINCT PRO- erty negotiations with private sector portant to give the Pentagon the au- VISIONS BY SUBJECT MATTER.—(1) Chapter 139 entities. In particular, the committee thorities it needs to make the best use of title 10, United States Code, is amended— did not intend that such transactions of its limited R&D resources. One of (A) by inserting before the last subsection be subject to the provisions of Public of section 2371 (relating to cooperative re- the great achievements of the past two Law 96–517, as amended. The GAO re- Congresses and Secretary Perry’s Pen- search and development agreements under port points out that this additional the Stevenson-Wydler Technology Innova- tagon is that we have really changed tion Act of 1980) the following: flexibility has been important in at- the Pentagon’s acquisition system for ‘‘§ 2371a. Cooperative research and develop- tracting commercial firms to carry out the better. We have done this on a bi- ment agreements under Stevenson-Wydler cost-shared research with the Penta- partisan basis, and I am glad to con- Technology Innovation Act of 1980’’; gon. Second, the committee intended tinue to work with the Chairman of the (B) by striking out ‘‘(i) COOPERATIVE RE- that the sunk cost of prior research ef- Acquisition and Technology Sub- SEARCH AND DEVELOPMENT AGREEMENTS forts not count as cost-share on the committee, Senator SMITH, to bring UNDER STEVENSON-WYDLER TECHNOLOGY IN- part of the private sector firms. Only about needed reforms in that system. NOVATION ACT OF 1980.—’’; and the additional resources provided by Our amendment is a modest step in (C) in the table of sections at the beginning the private sector needed to carry out of such chapter, by inserting after the item helping the Pentagon to leverage the relating to section 2371 the following: the specific project should be counted. private sector’s $100 billion annual ‘‘2371a.Cooperative research and develop- Finally in the committee’s hearings R&D investment and to broaden the in- ment agreements under Steven- DOD officials testified that the reluc- dustrial base that supports the Penta- son-Wydler Technology Innova- tance of the services to use other gon to include truly commercial firms. tion Act of 1980.’’. transactions authority derived in part I urge my colleagues to support it. June 19, 1996 CONGRESSIONAL RECORD — SENATE S6495

EXHIBIT 1 standard so high that it is almost unattain- AMENDMENT NO. 4075 EXCERPT FROM SENATE COMMITTEE ON ARMED able. I think that one could revise the provi- (Purpose: To make reimbursement of Gov- SERVICES, SUBCOMMITTEE ON ACQUISITION sion slightly to change its tone in a way that ernment contractors for costs of excessive AND TECHNOLOGY HEARING ON DOD TECH- alleviates this problem, while retaining the amounts of compensation for contractor NOLOGY BASE PROGRAMS, WEDNESDAY, benefits the clause provides. The provision personnel unallowable under Government MARCH 20, 1996 currently says that the Secretary of Defense contracts) shall ensure that an OT is used for a research FLEXIBLE INSTRUMENTS FOR SCIENCE AND Mr. KEMPTHORNE. Mr. President, TECHNOLOGY project only when the use of a standard con- tract, grant, or cooperative agreement for on behalf of Senators GRASSLEY, BOXER First, I would like to mention that we are such project is not feasible or appropriate. and HARKIN, I offer an amendment taking actions to encourage increased use of With minor restructuring of the subsection which would place a limitation of flexible instruments, which include coopera- that contains the provision, one could re- tive agreements and ‘‘transactions other $200,000 on the amount of annual indi- state the condition without the severe term than contracts, grants, or cooperative agree- vidual compensation that may be reim- ‘‘only.’’ I think that would require thought- ments’’ (commonly known as ‘‘other trans- bursable under contracts with the De- ful analysis before using an OT, but remove actions’’ or OTs). Cooperative agreements, the impression of an unattainable standard. partment of Defense. like OTs, can have provisions designed to in- Paragraph (e) of 10 U.S.C. 2371 then would I believe this amendment has been volve commercial organizations that haven’t read as follows: cleared with the other side. traditionally received Government awards, The PRESIDING OFFICER. The thereby helping to increase DoD access to ‘‘(e) CONDITIONS.—(1) The Secretary of De- fense shall ensure that— clerk will report. the portion of the U.S. technology and indus- The legislative clerk read as follows: trial base that serves the needs of the com- ‘‘(A) to the maximum extent practicable, The Senator from Idaho [Mr. KEMPTHORNE], mercial marketplace. Both cooperative no cooperative agreement containing a FOR MR. GRASSLEY, for himself, Mrs. BOXER, agreements and OTs therefore can be respon- clause under subsection (d) and no trans- and Mr. HARKIN, proposes an amendment sive to the policy intent of 10 U.S.C. 2371. To action entered into under subsection (a) pro- numbered 4075. encourage increased use of flexible instru- vides for research that duplicates research ments, we are: being conducted under existing programs The amendment is as follows: Preparing to advise the Military Depart- carried out by the Department of Defense; On page , between lines and , insert the ments that the authority to use OTs should and following: be delegated to at least the level of the SEC. . REIMBURSEMENT FOR EXCESSIVE COM- major commands that have responsibility for ‘‘(B) to the extent that the Secretary de- termines practicable, the funds provided by PENSATION OF CONTRACTOR PER- making awards under DoD Science and Tech- SONNEL PROHIBITED. nology programs. In conjunction with that the Government under a cooperative agree- ment containing a clause under subsection (a) ARMED SERVICES PROCUREMENTS.—Sec- action, I have asked the Director of Defense tion 2324(e)(1) of title 10, United States Code, Research and Engineering to issue updated (d) or a transaction entered into under sub- section (a) do not exceed the total amount is amended by adding at the end the follow- guidance on when it is appropriate to use ing: flexible instruments. Feedback that we’ve provided by other parties to the cooperative agreement or other transaction. ‘‘(P) Costs of compensation (including bo- received indicates that improved guidance nuses and other incentives) paid with respect will help to increase comfort levels with the ‘‘(2) A cooperative agreement containing a to the services (including termination of use of the instruments. clause under subsection (d) or a transaction services) of any one individual to the extent Seeking to remove factors that may unnec- entered into under subsection (a) may be that the total amount of the compensation essarily discourage potential users of the in- used for a research project when the use of a paid in a fiscal year exceeds $200,000.’’. struments from using them. For example, standard contract, grant, or cooperative (b) CIVILIAN AGENCY PROCUREMENTS.—Sec- there is a requirement to report to Congress agreement for such project is not feasible or tion 306(e)(1) of the Federal Property and Ad- each OT, as well as any cooperative agree- appropriate.’’ ministrative Services Act of 1949 (41 U.S.C. ment that uses the funds-recovery authority Third, I’d like to respond to your sugges- 356(e)(1)) is amended by adding at the end the in 10 U.S.C. 2371. It was suggested that this tion that Congress might amend section 2371 following: reporting requirement is a potential dis- of title 10 of the U.S. Code, to clarify that ‘‘(P) Costs of compensation (including bo- incentive to use the instruments. Therefore, the intent was to exempt agreements under nuses and other incentives) paid with respect section 805 of the Administration-proposed, that authority from the Bayh-Dole require- to the services (including termination of national defense authorization bill would re- ments (chapter 18 of 35 U.S.C.). There is no services) of any one individual to the extent peal the requirement, and I ask that you need to amend the law; the Bayh-Dole statu- that the total amount of the compensation give the proposal favorable consideration. tory requirements, by the terms of the stat- paid in a fiscal year exceeds $200,000.’’. It should be noted that use of flexible in- ute, do not include OTs. (b) CIVILIAN AGENCY PROCUREMENTS.—Sec- struments already is increasing. In Fiscal tion 306(e)(1) of the Federal Property and Ad- Finally, I would like to mention one point Year 1994, the first year in which they used ministrative Services Act of 1949 (41 U.S.C. about the need for maintaining good stew- the instruments, the Military Departments 256(e)(1)) is amended by adding at the end the ardship. The development and use of flexible entered into 19 cooperative agreements with following: instruments to involve firms that have not provisions designed to involve commercial ‘‘(P) Costs of compensation (including bo- traditionally performed research for the firms that hadn’t traditionally received Gov- nuses and other incentives) paid with respect Government has tremendous potential bene- ernment awards. The number of those flexi- to the services (including termination of fits, but it is not without risk. the goal is to ble agreements increased to 41 in Fiscal Year services) of any one individual to the extent find the right tradeoff or balance—one must 1995. With that experience as a foundation, I that the total amount of the compensation develop approaches with sufficient oversight think that we can expect a continued in- paid in a fiscal year exceeds $200,000.’’. crease in the use of such instruments in the to ensure the appropriate use of federal funds future, because I don’t believe that we’ve ex- but without excessively intrusive require- Mr. GRASSLEY. Mr. President, I am hausted the areas of opportunity for flexible ments that drive commercial firms away and proud to cosponsor this amendment instruments to help us meet our objectives. deny DoD access to some of the best and with my friend from California, Sen- Second, I want to provide an answer to the most affordable technology. That is both the ator BOXER. question about the provision in 10 U.S.C. 2371 opportunity and the challenge. Over the years, she has helped me that requires a judgment before using an watchdog the Pentagon. ‘‘other transaction,’’ that standard grants, Mr. KEMPTHORNE. Mr. President, this amendment has been cleared on That is not an easy thing to do. cooperative agreements, and contracts are Whether Republicans or Democrats not feasible or appropriate. 10 U.S.C. 2371 is this side. I urge its adoption. a very powerful authority, but it should not are running the place, it’s always The PRESIDING OFFICER. Without tough to tangle with the Pentagon. be totally open-ended. Creative people in the objection, the agreement is agreed to. DoD will continue to use the authority to in- It is an unpopular thing to do. vent different and improved types of agree- The amendment (No. 4074) was agreed She has always been a reliable de- ments; we can’t predict today what those in- to. fense reform ally. novations might be. In the context, this pro- Mr. NUNN. Mr. President, I move to In today’s political environment, de- vision helps to provide assurance that the reconsider the vote by which the pendable defense reform allies are hard powerful authority will continue to be used to come by. in a disciplined manner. amendment was agreed to. However, there are some indications that They may be an endangered species. Mr. KEMPTHORNE. I move to lay So I am happy to team up with her the provision may be impeding use of OTs, in that motion on the table. situations where they are appropriate. The on this measure. problem appears to be that some people have The motion to lay on the table was It is another effort to chip away at the impression that the provision sets a agreed to. the Pentagon culture. S6496 CONGRESSIONAL RECORD — SENATE June 19, 1996 This is a culture that is literally cle about Mr. Schwartz’s pay in the paid those 460 executives. These sums had blind to waste. RECORD. nothing to do with the merger, the company It tolerates waste and sometimes There being no objection, the mate- has said. even encourages waste. rial was ordered to be printed in the The military pays contracts on a ‘‘cost- What we want to do is change that plus’’ basis, meaning the companies tell the RECORD, as follows: Pentagon about their expenses, including culture. [From the Washington Post, Jan. 16, 1996] overhead, cost of labor and materials, and In trying to change that culture, we LORAL CHAIRMAN TO GIVE $18 MILLION OF executive compensation. The military de- hope to strengthen our military capa- MERGER FEE TO 40 EMPLOYEES cides which requests are ‘‘reasonable,’’ com- bilities. (By John Mintz) putes the profit and pays the appropriate When we add $12 billion for defense— Loral Corp. Chairman Bernard L. Schwartz amounts. like in this bill, we want to make sure will receive a $36 million bonus for agreeing The company has said the $31 million was we buy more capability. to sell his company’s defense business to part of its long-standing executive com- We want to make sure that we are Lockheed Martin Corp., but will give $18 mil- pensation package and not, as Sanders as- not buying more waste and more cost. lion of it to a group of Loral employees, ac- serted, a cozy Pentagon pay-off to high-rank- Our amendment would place a perma- cording to documents filed with the Securi- ing executives for arranging the merger. Now the Pentagon’s DCAA has concluded nent cap on individual executive com- ties and Exchange Commission. The money Schwartz is giving up will re- that $16 million of the firm’s $31 million in pensation allowable under Government ward 40 people in Loral’s Manhattan head- reimbursement requests was proper, has de- contracts. quarters who may lose their jobs or be de- ferred consideration on $9 million and raised It would set the cap at $200,000 per moted in the merger, according to the docu- questions about $6 million of the requested year. ments. The employees, including some sec- amount. The questions, however, focused on The cap would apply to salaries, bo- retaries and mid-level executives, could re- complex government accounting issues and nuses, and other incentives. ceive money equivalent to as much as twice did not directly track with Sanders’ objec- It would be a permanent cap. their annual salary and bonus. tions. There is a temporary, short-term cap Loral’s New York headquarters likely will Congressional offices were closed for the holiday. Calls to Sanders’ office seeking in effect today. close and be folded into Lockheed Martin’s Bethesda offices, industry officials said. comment were not answered. The temporary, short-term cap was ‘‘Their lives could be affected by the merg- imposed by the DOD Appropriations Mr. GRASSLEY. Mr. President, that er, and I decided it would be appropriate to is a big bundle of money going to Mr. Act for fiscal year 1996. recognize their efforts,’’ Schwartz said yes- It applies only to fiscal year 1996 con- terday. ‘‘There are some smiling faces here Schwartz. tracts. today. . . . If I’d had enough resources, I But I am not questioning whether he I will discuss the existing cap in would have spread it among all 38,000 Loral earned or deserved it. greater detail later in the debate. employees.’’ Under Grassley-Boxer, he would get Mr. President, I would like to make Giving such a gift to employees is ex- it. tremely rare in mergers, investment bankers one point crystal clear right off the I owe it to my colleague to point out said. Schwartz, the only liberal Democrat that Mr. Schwartz is at the high end of bat. among chief executives of large defense This is not an attempt to tell private firms, has often expounded on his views of the defense executive wage scale. companies how much they should pay corporate empowerment, and for years has The others’ salary and bonus pack- their top executives. offered generous stock options to Loral em- ages are not quite so generous. Instead, it would restrict what Gov- ployees to make them what he calls ‘‘stake- They ranged from about $1 million up ernment bureaucrats are allowed to holders’’ in his company. to $2,500,000 in 1995. pay top executives in industry. The $18 million bonus Schwartz will collect Some are slightly lower. Mr. President, executive salaries in from Loral is in addition to approximately Mr. President, I ask unanimous con- $27 million he has made on paper in the value sent to place the latest data on defense private industry should be determined of his Loral stock due to the proposed merg- in the marketplace. er. He owns about 3.6 million shares, and executive compensation in the RECORD. And not by a bunch of bureaucrats in each has increased in value by approxi- There being no objection, the mate- the Pentagon. mately $7.50 following the announcement rial was ordered to be printed in the But that is what is going on. last week. RECORD, as follows: Right now, bureaucrats decide what Schwartz’s regular annual compensation REASONABLENESS TEST FOR EXECUTIVE is fair and reasonable and pay it. and bonus from the company in 1995 totaled COMPENSATION Our amendment would put a lid on $6,332,000. The proposed merger with Lockheed Mar- Made in accordance with FAR 31–205–6, Government payments only. tin was announced last week. If Loral pulls compensation for personal services. I underscore Government payments out of the transaction, it must pay Lockheed Considers same relevant factors, i.e., We only. Martin a termination fee of $175 million, ac- check for conformity with firms of: same That is the driving force behind this cording to the SEC filings. size/industry/geographic area and gov’t/non- measure. Meanwhile, the Pentagon has largely sided gov’t business. The Grassley-Boxer amendment with Lockheed Martin and against a group of Includes all remuneration paid although elements also individually assessed. would not limit the amount of money a critics in a bitter controversy involving a previous merger that created Lockheed Mar- In sync with fact that FAR places burden defense contractor could pay its execu- of proof on company (i.e., upon challenge, tives. tin from Lockheed Corp. and Martin Mari- etta Corp. in March last year. company must demonstrate reasonableness). If, for example, a defense company In a report, a Defense Department account- On balance, experience has shown process wants to pay one of its top executives ing office called the Defense Contract Audit to be generally fair/not arbitrary. working on military contracts Agency (DCAA) did not support allegations BASIC AUDIT STEPS FOR REASONABLENESS TEST $6,332,000.00 a year—as one did, then so by Rep. Bernard Sanders (I–VT.), some con- 1. Identify exec positions, comp amts, sales be it. gressional colleagues and the newspaper volume data, & industry. Under Grassley-Boxer, the company Newsday that Lockheed Martin was improp- 2. Use multiple survey sources to compare could continue to do it—no questions erly seeking a Pentagon payment of $31 mil- cash comp amts by exec positions & gain asked. lion in connection with the merger. The crit- mkt consensus of avg pay levels. ics called it a taxpayer rip-off. Mr. President, Loral Corporation’s 3. Calculate mkt avg of surveys with 10% The DCAA recommendations, which still range of reasonableness. top executive, Mr. Bernard L. must be reviewed by the Pentagon, were first Schwartz, received a pay and bonus 4. Similarly judge reasonableness of other reported in the industry publication Defense comp elements (FRINGES/PERQS/LTIs). package in 1995 that totaled Week. 5. Challenge amounts over 110% of ‘‘market $6,332,000.00 The company has asserted for months that consensus’’ survey averages. But that’s not the whole enchilada. its foes are confusing two sums of money. 6. Ask contractor to demonstrate reason- Mr. Schwartz will also receive a $36 One is a $61 million payment to 460 former ableness. million bonus for agreeing to sell his Martin Marietta executives because of the 7. Evaluate contractor’s justification/re- merger. The military won’t reimburse firms company’s defense business. The buyer buttal including proposed offsets. for such payments, and Locheed Martin is 8. Exit with contractor. Report results. is the Lockheed Martin Corp. not asking for that. Mr. President, I ask unanimous con- But the firm is asking the military to re- EXEC COMP SURVEYS NOW IN USE sent to place a recent newspaper arti- imburse it $31 million that it has already 1. Officer compensation report (panel pubs) June 19, 1996 CONGRESSIONAL RECORD — SENATE S6497 2. Dietrich exec engineering survey THE TOP 25 IN SALES—Continued bonuses. These generous pay packages 3. Ernst & Young exec comp surveys came at a time when the company was 4. Wyatt Data Services—ECS 1995 sales Percent 1994 downsizing in the face of declining 5. TPF&C MGMT COMP HIGH TECH SUR- change in millions from 1994 rank sales. VEY 6. CD EXECSURV—MID/ATL’s SEC- 14 Sears, Roebuck ...... 34,925 6 9 Mr. President. I ask unanimous con- BASED TOP 5. 15 Procter & Gamble ...... 34,923 11 16 sent to have printed in the RECORD a 16 Kmart ...... 34,572 4 14 Mr. GRASSLEY. Mr. President, 17 Hewlett-Packard ...... 31,519 26 20 report on Mr. Stonecipher’s pay pack- 18 Persico ...... 30,421 7 18 age from the Journal of Commerce. Grassley-Boxer would not restructure 19 Citicorp ...... 28,128 ¥3 17 or reinvent the defense executive wage 20 Amoco ...... 27,066 4 19 There being no objection, the mate- 21 Motorola ...... 27,037 22 25 scale. 22 Conagra ...... 24,637 3 21 rial was ordered to be printed in the This is what Grassley-Boxer would 23 Kroger ...... 23,938 4 23 RECORD, as follows: 24 Lockheed Martin ...... 22,853 0 NR do: it would change the way the money 25 United Technologies ...... 22,802 8 28 [From the Journal of Commerce, Mar. 24, is dished out. 1995] It would come out of a different THE TOP 25 IN EARNINGS pocket. MCDONNELL CHIEF’S COMPENSATION TAKES ON SUPERSTAR PROPORTIONS Instead of coming right off the top of 1995 profits Percent 1994 a defense contract, most of it would change ST. LOUIS.—The compensation package in millions from 1994 rank have to be taken out of profits. McDonnell Douglas Corp. assembled to at- Instead of being taken directly out of 1 General Motors ...... $6,932 23 2 tract Harry C. Stonecipher, chief executive, 2 General Electric ...... 6,573 11 1 last year was worthy of basketball’s Michael the pockets of hard-working American 3 Exxon ...... 6,470 27 4 Jordan. taxpayers, most of the money would 4 Philip Morris ...... 5,478 16 5 5 IBM ...... 4,178 38 9 McDonnell’s nearly seven-year deal with come from the company’s earnings. 6 Ford Motor ...... 4,139 ¥22 3 Mr. Stonecipher, the first non-family mem- The source of the money would 7 Intel ...... 3,566 56 16 8 Citicorp ...... 3,464 1 8 ber to run the company, could bring him change. 9 Merck ...... 3,335 11 10 more than $34 million in cash and stock. Under Grassley-Boxer, most of Mr. 10 Dupont ...... 3,293 21 11 11 Coca-Cola ...... 2,986 17 13 ‘‘We paid the market rate for a person of Schwartz’s pay, for example, would 12 Procter & Gamble ...... 2,835 17 15 his caliber,’’ said James Reed, vice president have to be taken out of profits. 13 Wal-Mart Stores ...... 2,828 12 12 for communications. ‘‘We’re very convinced 14 Bankamerica ...... 2,664 22 17 In Mr. Schwartz’s case, $6,132,000 15 GTE ...... 2,538 4 14 of that, and the board of directors is very would come out of profits. 16 Hewlett-Packard ...... 2,433 52 23 convinced of that.’’ 17 Johnson & Johnson ...... 2,403 20 21 The balance, $200,000, could be 18 Mobil ...... 2,376 35 26 The Chicago Bulls also paid the market charged to Uncle Sam. 19 Fannie Mae ...... 2,156 1 20 rate when they signed Jordan, the National 20 Chrysler ...... 2,025 ¥45 7 Basketball Association’s top player, to an Mr. President, Pentagon bureaucrats 21 Ameritech ...... 2,008 72 47 should not be put in the position of 22 NationsBank ...... 1,950 15 27 eight-year, $28 million deal in April of 1988. 23 Allstate ...... 1,904 293 136 Although the $825,000 base salary and having to decide how much to pay in- 24 Dow Chemical ...... 1,891 145 59 dustry executives. 25 SBC Communications ...... 1,889 15 28 $575,000 annual bonus target McDonnell set for Mr. Stonecipher are unremarkable for a The Government should get out of Source: Standard & Poor’s Compustat, a division of the McGraw-Hill Com- Fortune 500 company, the stock incentives panies. that business entirely. McDonnell offered are notable. Those decisions should be made in Mr. GRASSLEY. This report appears The aerospace giant used the promise of the marketplace. in the March 4, 1996 issue of Business what is now $17.7 million in stock profits to This amendment will start us down Week. persuade Mr. Stonecipher to leave his job as the road in the right direction. Profits are reported as follows: Boe- chairman and chief executive of Sundstrand With a cap in place, we can reexam- ing: $393 million; General Electric: $6.6 Corp. ine the issue next year and decide how billion; General Dynamics $247 million; McDonnell awarded Mr. Stonecipher 180,000 to proceed. Lockheed Martin: $682 million; Nor- shares of restricted stock, with a current Mr. President, I feel sure that some throp Grumman: $252 million, and market value of $10.1 million. The first 42,000 of my Republican colleagues will howl United Technologies: $750 million. of those shares vest next Friday; the rest about this amendment. They are doing OK, and that’s good. vest in 1996, 1997 and 2002. They will complain that Grassley- In my mind, executive pay should be McDonnell also gave Mr. Stonecipher the Boxer will eat into corporate profits tied directly to company performance option to buy 450,000 shares later in the dec- and to profits. ade for $36.96 each, the market price when he and slash corporate benefits. joined the company on Sept. 24. We will undermine initiative and mo- If the company had a great year, rale. earned big profits and enjoyed other Mr. GRASSLEY. Now, why would the In response, I say to my colleagues: successes, then the chief executive big boss at McDonnell Douglas get a Our defense industry is health. should enjoy the fruits of his labor. huge bonus when the company sus- That is what the latest report on cor- A big year should equal a big pay tained a $416 million loss? porate earnings shows. check. Could it be because the company has Mr. President, I ask unanimous con- A bad year might mean a pay cut. a direct tap on the DOD money pipe? sent to place a report on corporate The profit figures cited above are for calendar year 1995. When Uncle Sugar is picking up the profits in the RECORD. During that period, only McDonnell tab, you can afford to give big pay There being no objection, the mate- Douglas suffered a loss. raises—even when you are losing rial was ordered to be printed in the The company took a loss of $416 mil- money. RECORD, as follows: lion. But guess what? In private business, it is not supposed THE LEADERS IN 1995 SALES AND PROFITS That loss did not keep the company’s to work that way. top executive from drawing a bigger THE TOP 25 IN SALES I would like to clarify one point as paycheck. we proceed with the debate: The top boss’ base pay went from $1.6 1995 sales Percent 1994 These defense companies are not to- change million in 1994 to $1.9 million in 1995, in millions from 1994 rank tally dependent on the Pentagon; most including a bonus of $1,042,400. do 50 to 70 percent of their business 1 General Motors ...... $168,829 9 1 But that is not all. with the Government the Pentagon pri- 2 Ford Motor ...... 137,137 7 2 McDonnell Douglas’ chief executive, 3 Exxon ...... 109,620 8 3 marily; they are really semi-private. 4 Wal-Mart Stores ...... 90,525 15 4 Mr. Harry C. Stonecipher, received a 5 AT&T ...... 79,609 6 5 Mr. President, I ask unanimous con- 6 Mobil ...... 74,879 11 6 very generous share of company stock. 7 IBM ...... 71,940 12 7 Mr. Stonecipher got cash and stock sent to have printed in the RECORD the 8 General Electric ...... 70,028 17 8 top 10 defense contractors. 9 Chrysler ...... 53,200 2 11 valued at a staggering $34 million—in 10 Philip Morris ...... 53,139 ¥1 10 1995 alone. There being no objection, the mate- 11 Dupont ...... 42,163 7 12 The other top executives at McDon- 12 Chevron ...... 37,082 4 13 rial was ordered to be printed in the 13 Texaco ...... 36,792 10 15 nell Douglas also received handsome RECORD, as follows: S6498 CONGRESSIONAL RECORD — SENATE June 19, 1996 LIST OF TOP 10 CONTRACTORS IN 1993 WITH AT LEAST LIST OF TOP 10 CONTRACTORS IN 1993 WITH AT LEAST LIST OF TOP 10 CONTRACTORS IN 1993 WITH AT LEAST ONE-THIRD DOD BUSINESS ONE-THIRD DOD BUSINESS—Continued ONE-THIRD DOD BUSINESS—Continued [Dollars in billions] [Dollars in billions] [Dollars in billions]

DOD DOD DOD Total con- Percent Total Percent Total Percent sales DOD con- sales con- DOD tracts sales tracts DOD tracts

McDonnell Douglas ...... $14.5 $7.5 52 Northrop ...... 5.1 3.0 59 Grumman ...... 3.2 1.7 53 Lockheed ...... 13.1 6.9 53 General Dynamics ...... 3.2 2.1 66 Litton Industries ...... 3.5 1.6 46 Martin Marietta ...... 9.4 4.7 50 E–Systems ...... 2.1 .8 38 Raytheon ...... 9.2 3.2 35 Loral ...... 3.3 1.7 52 TOTAL SALES OF TOP 10 DEFENSE CONTRACTORS, 1989–94 [Dollars in billions]

Company 1989 1990 1991 1992 1993 1994

McDonnell Douglas ...... $13.938 $15.497 $18.061 $17.365 $14.487 $13.176 Lockheed ...... 9.891 9.958 9.809 10.100 13.071 13.130 Martin Marietta ...... 5.796 6.126 6.075 5.954 9.436 9.874 Raytheon ...... 8.796 9.268 9.274 9.058 9.201 10.166 Northrop ...... 5.248 5.490 5.694 5.550 5.063 6.711 General Dynamics ...... 10.043 10.173 8.751 3.472 3.187 3.058 Loral ...... 1.187 1.274 2.127 2.882 3.335 4.009 Grumman ...... 3.559 4.041 4.038 3.504 3.249 (1) Litton ...... 5.023 5.156 3.526 3.711 3.474 3.446 E–Systems ...... 1.626 1.801 1.991 2.095 2.097 2.028 1 Acquired by Northrop.

TOTAL EMPLOYEES OF TOP 10 DEFENSE CONTRACTORS, 1989–94

Company 1989 1990 1991 1992 1993 1994

McDonnell Douglas ...... 127,900 121,200 109,100 87,400 70,000 65,800 Lockheed ...... 82,500 73,000 72,300 71,700 88,000 82,500 Martin Marietta ...... 65,500 62,500 60,500 55,700 92,800 90,300 Raytheon ...... 77,600 76,700 71,600 63,900 63,800 60,200 Northrop ...... 41,000 32,800 36,200 33,600 29,800 42,400 General Dynamics ...... 102,200 98,100 80,600 56,800 30,500 24,200 Loral ...... 12,700 26,100 24,400 26,500 24,200 32,400 Grumman ...... 28,900 26,100 23,600 21,200 17,900 (1) Litton ...... 50,800 50,600 52,300 49,600 46,400 42,000 E–Systems ...... 17,900 18,400 18,600 18,600 16,700 16,000 1 Acquired by Northrop.

COMPENSATION OF TOP 5 EXECUTIVES AT TOP COMPENSATION OF TOP 5 EXECUTIVES AT TOP DEFENSE For the bills coming due today, DOD DEFENSE CONTRACTORS FOR 1995 CONTRACTORS FOR 1995—Continued pay what is fair and reasonable. The following information is the fiscal Reasonableness is defined in Federal Execu- Total Sal- regulation, FAR 31–205–6. year 1995 reported compensation of the top 5 Company tive Salary Bonus ary/Bonus executives at the defense contractors pre- The rule is broad and general, as I Loral (Being acquired 1 ...... 6,244,000 suspected. viously reported in GAO report ‘‘Defense by Lockheed/Martin. 2 Contractors: Pay, Benefits, and Restructur- Proxy statement not 3 It gives the bureaucrats wide latitude ing During Defense Downsizing’’. on file). 4 for maneuver. 5 The guidance on how to make the de- In this paper, total compensation is denied E–System (Fiscal year 1 ...... 3,247,000 95 info not avail- 2 termination is spelled out in defense as Salary plus Bonus. Other cash compensa- able. Being acquired 3 contract audit agency [DCAA] docu- tion and long-term valuation of stock op- by Raytheon). 4 5 ments. tions is not included. DCAA bureaucrats make the final de- The sources of information are: SEC Mr. GRASSLEY. This information is cision. (Edgar) online electronic filings of company drawn from a recent GAO report enti- The main guide is a market consen- Proxy Statements or, Business Week, April tled ‘‘Defense Contractors: Pay, Bene- sus survey to see what everybody else 22, 1996. fits, and Restructuring During Defense is getting paid. Downsizing.’’ Above all, the DCAA documents say: COMPENSATION OF TOP 5 EXECUTIVES AT TOP DEFENSE Mr. President, the Government ‘‘Be fair—not arbitrary.’’ CONTRACTORS FOR 1995 should not be in the business of decid- At the Pentagon, being fair and rea- sonable usually means the taxpayers Execu- Total Sal- ing how much to pay corporate execu- Company tive Salary Bonus ary/Bonus tives in the defense industry. get shafted. Grassley-Boxer will not get the Gov- Pentagon bureaucrats like to bend McDonnell Douglas ...... 1 825,000 1,042,400 1,867,400 over backward to keep the defense con- 2 502,308 571,000 1,073,308 ernment out of that business entirely, 3 392,308 524,100 916,408 but it is a step in the right direction. tractors happy. 4 382,116 500,000 882,116 And shoveling money at corporate Mr. President, earlier in the debate, I 5 376,024 229,600 605,624 executives is a great way to do it. Lockheed/Martin ...... 1 1,053,462 1,400,000 2,453,462 said that we need to get Government 2 983,846 1,300,000 2,283,846 The Pentagon has proven over and 3 733,077 750,000 1,483,077 bureaucrats out of the business of de- over again that it is incapable of keep- 4 464,615 443,500 908,115 ciding how much to pay defense execu- 5 459,904 448,200 908,104 ing lid on executive pay dished out on General Dynamics ...... 1 670,000 1,750,000 2,420,000 tives. contracts. 2 500,000 700,000 1,200,000 Grassley-Boxer wouldn’t get us out of 3 356,000 500,000 856,000 The pay package coming out of the 4 300,000 300,000 600,000 that business entirely, but it would be recent Martin Marietta-Lockeed merg- 5 220,000 175,000 395,000 a step in the right direction. Raytheon ...... 1 999,996 870,000 1,869,996 er is a prime example of what I’m talk- 2 573,908 425,000 998,908 Grassley-Boxer would put a governor ing about. 3 419,520 290,000 709,520 on executive pay flowing through the Some 460 executives and directors are 4 397,500 240,000 637,500 5 379,500 235,000 614,500 DOD money pipe. slated to receive a total of $92.2 mil- Northrop/Grumman ...... 1 730,000 1,000,000 1,730,000 The Grassley-Boxer amendment lion: $8.2 million in cash and stock op- 2 238,688 428,000 666,688 3 336,667 320,000 656,667 would limit the size of executive sala- tions is supposed to go to Mr. Norman 4 275,000 350,000 625,000 ries that could be charged directly to Augustine, chairman of the Martin 5 288,333 330,000 618,333 Litton ...... 1 445,681 500,000 945,681 the Government under a specific con- Marietta Corp. before the merger. 2 337,418 340,000 677,418 tract. Now this very generous plan is in the 3 277,414 260,000 537,414 4 326,385 335,000 661,385 Under existing rules, the sky is the process of being blessed by the Penta- 5 252,412 205,000 457,412 limit. gon bureaucrats. June 19, 1996 CONGRESSIONAL RECORD — SENATE S6499 The deal isn’t final, yet. $92.2 million will be dished out to about 460 quested our assessment of the facts sur- Since this pay package is based on managers and executives under various rounding the merger of the Lockheed and longstanding contractual commit- plans. We understand that some of this Martin Marietta Corporations. Our response ments, some dating back to the early money will be taken out of the pockets of to each of your concerns and questions is hard working American taxpayers. presented in the enclosure. 1980’s, United Same has to pay. Since mid-1992, there have been at least Under Section 818, Public Law 337, and im- The old rules apply. nine or ten major mergers or acquisitions in plementing regulations, restructuring costs The sky is the limit. the U.S. defense industry. Under current pol- associated with a business combination of This is what the DCAA bureaucrats icy, the amounts charged to current or fu- defense contractors may not be paid, absent have to do to make it happen. ture defense contracts to cover the ‘‘restruc- a review of projected costs and savings re- They take the salary of each cor- turing’’ or merger costs could be building up sulting for the Department from that busi- porate executive and break it down to unacceptable levels. What are the govern- ness combination. We understand that Lock- into many parts and spread it around ment’s total potential liabilities from all re- heed Martin Corporation plans to submit a cent mergers? What is the rationale for giv- on thousands of contracts. proposal containing such information by late ing defense companies tax money to cover June 1995. That proposal will be audited by They use a mathematical formula to the costs of their mergers? To us, mergers the Defense Contract Audit Agency and the determine how much to put on each mean less competition, and less competition results assessed by the Defense Contract contract. usually means higher prices. Management Command to determine the Mr. President, this is what we must Furthermore, we understand that there is amount of restructuring costs that properly not forget. This is the key point: a lack of clear guidance in regulation and may be reimbursed by the Government. In There is no ceiling on what DOD can law governing mergers as to what is allow- the interim, those agencies will review the pay the Lockheed-Martin executives. able and what is not allowable. This situa- companies’ requests for payments to assure But from what I am hearing, indus- tion could leave the door wide open for that the Government is not being improperly waste, abuse and excessive cash payments to billed. try’s demand for money is being scaled industry executives. Because the Defense Contract Audit Agen- back, somewhat. In line with our more general concerns, we cy and the General Accounting Officer will But exactly how much will each exec- have eleven more specific questions on the be examining the costs associated with the utive get under the merger deal? Martin/Lockheed merger: business combination, we do not plan to ini- I don’t think the Pentagon wants us Is there any evidence—based on recent ex- tiate a review of the matter. We will, how- to kown how much the taxpayers are perience—to suggest that the merger will ever, closely monitor the audit by the De- paying Mr. Augustine. generate real savings to the taxpayers? fense Contract Audit Agency and actions by If so, what are the total expected savings the Defense Contract Management Com- They don’t want us to know how to the taxpayers from the merger? much is about to be taken out of the mand. Let me assure you that I share your What is the total projected cost of the concern that the Lockheed and Martin Mari- pockets of hard-working American tax- merger to the taxpayers, including potential etta business combination not result in the payers to bankroll these outrageous reimbursements for closing unneeded facili- payment of unallowable or excessive costs by payments. ties? the Government. These top industry executives are on How exactly would tax dollars be used to A similar reply is being provided to Sen- the Government payroll, and we can’t compensate the two firms for the cost of the ator Boxer. If we may be of further assist- merger? ance, please contact me or Mr. John R. even find out how much they make. To what extent are tax dollars being used DCAA says that’s sensitive propri- Crane, Office of Congressional Liaison, at to support the executive compensation plan 604–8324. etary information. resulting from the merger—particularly the If they are on the public payroll, the Sincerely, one contained in a joint proxy statement for ELEANOR HILL, people have a right to know how much the meeting held on March 15, 1995? Inspector General. each one gets. If tax money is used to finance the execu- tive ‘‘payout’’ operation, please provide the Over a year ago, Senator BOXER and RESPONSE TO COMMENTS AND QUESTIONS RE- name of each person receiving tax money I asked the DOD Inspector General, Ms. GARDING THE MERGER OF LOCKHEED AND and the total amount each person is to re- Eleanor Hill, for this information. MARTIN MARIETTA CORPORTIONS ceive. That was on April 28, 1995. What is the legal basis for using tax money General Comments: A total of $92.2 million We received her response on May 26, to make such payments? will be dished out to about 460 managers and 1995. Will projected costs and savings be sub- executives under various plans. But it was unsatisfactory, and we jected to adequate audit verification? Of the $92.2 million, the Lockheed Martin went back to her on June 20 for more Does the merger plan comply with Section Corporation believes that $31 million are al- specific answers to our questions. 818 of Public Law 103–337 and Section 8117 of lowable costs that can be charged to Govern- ment contracts. The Defense Contract Audit When no satisfactory response was Public Law 103–335? Does the April 15, 1995 deadline specified in Agency is currently auditing the $31 million. given, the request was renewed again Section 8117 mean that the Martin/Lockheed The audit is scheduled to be completed by on February 16, 1996. merger is not covered by this provision? June 30, 1995. On June 17, 1996, she finally provided Have anti-trust issues been adequately ad- What are the Government’s total potential a partial answer to the question. dressed? liabilities from all recent mergers? Mr. President, I ask unanimous con- Ms. Hill, as far as we are concerned, the The Department of Defense (DoD) may pay sent to place our correspondence with salaries paid to top executives in industry allowable and allocable restructuring costs resulting from a business combination pro- the DOD IG in the RECORD. should be determined in the market place— vided under that audited proposals indicate There being no objection, the mate- not by some obscure act of Congress. But if money is taken out of the pockets of hard that overall savings to the Government will rial was ordered to be printed in the working American taxpayers to pay defense result. As only a few contractors have pre- RECORD, as follows: industry executive outrageous and unreason- sented restructuring proposals, the total po- U.S. SENATE, able salaries and bonuses, then we feel like tential costs and overall savings to the Gov- Washington, DC, April 28, 1995. we have an obligation to ask questions. ernment cannot be predicted at this time. Ms. ELEANOR HILL, We look forward to your independent as- What is the rationale for giving defense Inspector General, Department of Defense, sessment of the facts. companies tax money to cover the costs of Army Navy Drive, Arlington, VA. Your continued support is always appre- their mergers? To us, merger means less DEAR MS. HILL: We are writing to ask you ciated. competition, and less competition means to examine the merger of the Lockheed and Sincerely, higher prices. Martin Marietta Corporations and to deter- CHARLES E. GRASSLEY. The DoD may pay restructuring costs, i.e., mine its cost to the taxpayers. BARBARA BOXER. the cost to streamline operations, including We think this merger needs scrutiny by the elimination of unneeded or redundant fa- your office. INSPECTOR GENERAL, cilities and reductions in the work force sub- The ‘‘payout benefit plan’’ being given to DEPARTMENT OF DEFENSE, sequent to a merger or acquisition, provided executives and managers at Martin is truly Arlington, VA, May 26, 1995. they are offset by related savings. We share beyond comprehension for most ordinary Hon. CHARLES E. GRASSLEY, your concern, however, that competition is American citizens. Martin Marietta Chair- U.S. Senate, being reduced and may lead to higher prices. man Norman Augustine, for example, will re- Washington, DC. We understand that there is a lack of clear ceive $8.2 million in cash and stock options DEAR SENATOR GRASSLEY: This is in reply guidelines in regulation and law governing as a result of the merger. Other top execu- to a letter of April 28, 1995, signed jointly by mergers as to what is allowable and what is tives are set to receive huge sums. A total of you and Senator Barbara Boxer, that re- not allowable. S6500 CONGRESSIONAL RECORD — SENATE June 19, 1996 Clearly, those costs, such as reorganization resulting from the merger particularly the Boxer that requested information regarding costs, that were previously unallowable are one contained in a joint proxy statement for long-term incentive compensation payouts still not allowable. A July 1993 policy memo- the meeting held on March 15, 1995? to Martin Marietta executives. These pay- randum on restructuring costs by the Under Tax money, in the form of contract pay- outs have been claimed for government reim- Secretary of Defense for Acquisition and ments, will be used to pay some of the execu- bursement by Lockheed Martin Corporation Technology specifically makes that point. tive compensation costs. The Lockheed Mar- as a result of the merger of Lockheed and What is unclear is the law and regulations tin Corporation has indicated that the costs Martin Marietta Corporations. addressing the allowability of restructuring will be claimed on its Government contracts Enclosed are aggregate totals of the long- costs that result in increased costs on con- based on its past practices and would not ex- term incentive compensation for four cat- tracts novated from the selling company to ceed the amount DoD would have paid had egories of Lockheed Martin executives that the buyer. the merger not occurred. Each of the ele- are allocable to Government contracts Under the provisions in the present Fed- ments of compensation included in the proxy through indirect expense pools, excluding eral Acquisition Regulation (FAR), the DoD statement resulting from the merger are commercial and foreign military sales. It is under no obligation to pay increased costs being reviewed by the Defense Contract should be noted the long-term incentive of novated contracts even if they are offset Audit Agency to determine the reasonable- compensation was earned over a period of by decreases. The July 1993 memorandum ness of the compensation paid and to ensure years and paid in 1995 after the merger. The was intended to clarify that DoD contracting the long-term compensation plans are in ac- categories of former Martin Marietta execu- officers have the latitude to recognize cost cordance with the procurement regulations. tives include the top five executives, other increases on novated contracts due to re- The DoD and other Federal agencies pay the top executives, all other executives and the structuring provided they are offset with re- allowable portion of executive compensation outside Board of Directors. lated savings. based on their share of the contractor’s busi- The Lockheed Martin Corporation has The problem we see is that the Congress ness. agreed, on an exception basis, to a release of initially believed that restructuring costs If tax money is used to finance the execu- the aggregate totals without a company pro- actually represented merger and acquisition tive ‘‘payout’’ operation, please provide the prietary stamp. Lockheed Martin Corpora- costs. Section 818 of Public Law 103–337, name of each person receiving tax money tion considers individual names and associ- therefore, addresses restructuring costs in and the amount each person is to receive. ated financial information to be confidential general rather than those situations specifi- Although the proxy statement does iden- proprietary and management sensitive data cally related to increased costs on novated tify some individuals and amounts paid, it and has not made an exception as to that in- contracts. does not identify the amount that will be formation. Restructuring costs are generally allow- claimed on Government contracts. We will We agree that such information is propri- able since contractors must have the ability not know all the names of the people receiv- etary and is exempt from release under the to change and improve their operations. ing the money or the final amount being Freedom of Information Act, Sections However, the interim regulations written by claimed on Government contracts until the 552(b)(4) and 552(b)(6), Title 5, United States the DoD in response to the broad require- audit by the Defense Contract Audit Agency Code. It has been designated ‘‘For Official ments of Section 818, require contractors to is complete. The audit is scheduled to be Use Only’’ (FOUO), and can be released pur- demonstrate that all restructuring costs, completed by June 30, 1995. suant to a request from a chairman of a com- whether related to a merger or acquisition or What is the legal basis for using tax money mittee or subcommittee with jurisdiction not, are offset by savings. It is possible that to make such payments? over the subject matter. the law and new regulations will make pre- The FAR provides for a fair share of con- We hope that the above information is viously allowable costs unallowable. The net tractor costs, including executive compensa- helpful to you. If we may be of further assist- effect is that few contractors have come for- tion, to be charged to Government contracts. ance, please contact me or Mr. John R. ward with restructuring proposals. We be- The regulation prohibits paying costs such Crane, Office of Congressional Liaison, at lieve, therefore, that the law and the DoD in- as ‘‘golden parachutes.’’ The audit by the De- (703) 604–8324. terim regulations should be clarified to ad- fense Contract Audit Agency will determine Sincerely, dress restructuring related to novated con- if the amounts claimed by the Lockheed ELEANOR HILL, tracts only. Martin Corporation are allowable. Inspector General. Specific Concerns: Is there any evidence— Will projected costs and savings be sub- based on recent experience—to suggest that jected to adequate audit verification? Martin Marietta long-term incentive compensa- the merge will generate real savings to the The Public Law and procurement regula- tion allocable to Government contracts taxpayers? tions require audit verification by the De- through indirect expense pools Yes. In those very few cases where compa- fense Contract Audit Agency. We plan to nies involved in business combination have monitor the audit. [Excluding commercial and foreign military sales] submitted restructuring proposals, cost re- Does the merger plan comply with Section Top Executives (5) ...... 1 $3,552,909 ductions are forecast. However, we cannot 818 of Public Law 103–337 and Section 8117 of Other Top Executives (14) ...... 1 2,691,248 predict whether anticipated savings are off- Public Law 103–335? Outside Board of Directors (19) set by diminished competition. We will not know whether the plan com- (1993 to 1995) ...... 1 2,773,263 If so, what are the total expected savings plies with either law until the restructuring Outside Board of Directors (Prior to the taxpayer from the merger? proposal is submitted and examined by the to 1993) ...... 1 555,297 The company has not submitted a proposal contracting officer and auditor. All Other Executives (450+) ...... 1 6,669,283 of forecasted savings. Does the April 15, 1995 deadline specified in What is the total projected cost of the Section 8117 mean that the Martin/Lockheed Total ...... 2 16,272,000 merger to the taxpayer, including potential merger is not covered by this provision? 1 These amounts were calculated from information reimbursements for closing unneeded facili- The April 15, 1995 deadline applies to pay- provided by the Defense Contract Audit Agency. ties? ments from funds appropriated in fiscal year 2 This amount is advisory to the Defense Corporate Again, that information is not yet avail- 1995 for contracts awarded after April 15, Executive who is responsible for negotiating the able because the company has not submitted 1995. Section 8117 will limit, to some extent, final settlement with the Lockheed Martin Corpora- tion. a proposal of forecasted savings. the DoD reimbursement to the Lockheed How exactly would tax dollars be used to Martin Corporation after April 15, 1995. The Mr. GRASSLEY. Martin Marietta’s compensate the two firms for the cost of the audit by the Defense Contract Audit Agency top executives are getting paid merger? will evaluate the compensation costs pro- $16,272,000 under the deal. As previously stated, the costs of the posed to be claimed after April 15, 1995, to de- This isn’t salary. It’s a retirement merger are not compensated. Restructuring termine compliance with the public law. package for the senior executives. costs are reimbursed once the contractor Have anti-trust issues been adequately ad- Some call it a ‘‘golden parachute.’’ satisfactorily demonstrates to the Contract- dressed? By any definition, it’s a very gener- ing Officer at the Defense Contract Manage- Compliance with antitrust laws is the re- ment Command and auditor at the Defense sponsibility of the Department of Justice ous deal. Contract Audit Agency that there will be and the Federal Trade Commission. We are DOD pays the top five executives, in- overall savings to the Government. An ad- not aware of any problems in that area. cluding Mr. Augustine, $3,552,909. vance agreement will then be executed speci- Now, this isn’t Mr. Augustine’s sal- fying the type and limits for restructuring INSPECTOR GENERAL, ary, for example. costs that can be charged to contracts each DEPARTMENT OF DEFENSE, These are just retirement benefits. year. That agreement is forwarded to a sen- Arlington, VA, June 14, 1996. He gets a lot more, but it comes out ior DoD official who certifies that savings Hon. CHARLES GRASSLEY, of another DOD pool of money. will be achieved. The costs are then allo- U.S. Senate, cated among all the contractor’s business Washington, DC. How many pools of money does DOD and the Government pays its share. DEAR SENATOR GRASSLEY: This is in fur- have for corporate pay. To what extent are tax dollars being used ther response to a letter of April 28, 1995, Mr. President, this tells me we need to support the executive compensation plan signed jointly by you and Senator Barbara a cap. June 19, 1996 CONGRESSIONAL RECORD — SENATE S6501 I am told that when the idea of a cap We shouldn’t take money out of the The issue of how much corporate execu- was first debated over in the Pentagon, pockets of hard working American tax- tives are paid has taken on populist over- a DCAA bureaucrat made this sugges- payers to bank-roll the big executives tones as salaries continue to rise while work- tion: in defense industry. ers are laid off, a senior government official said. Why not set the cap at $1 million? We need to get the taxpayers out of ‘‘Some contractors seem to have tunnel vi- Mr. President, the Pentagon’s weak- the loop. sion,’’ the official said. ‘‘There is a larger de- kneed attitude on executive pays tells Pay and bonuses for top defense ex- bate in society about executive compensa- me that a cap is mandatory. ecutives should be determined in the tion. This is not just about defense contract- On March 5, 1996, the DOD inspector marketplace. ing.’’ general, Ms. Eleanor Hill, came out in Executive wages should be deter- Industry officials, however, say the free favor of a $250,000 cap. mined by successes and failures by market should determine how much they are I thank her for doing that. paid, and how much the government reim- profits and losses. burses them. Mr. President, I ask unanimous con- And not by a bunch of bureaucrats in sent to place her letter of recommenda- ‘‘If you find the right guy, the leverage of the Pentagon. his thought process is way beyond the value tion in the RECORD. A $200,000 cap is a good first step in you would attribute to him as one man,’’ There being no objection, the mate- the right direction. Vance Coffman, chief operating officer of rial was ordered to be printed in the I hope my colleagues will support Lockheed Martin Corp., Bethesda, Md., said RECORD, as follows: this amendment. in a May 29 interview. INSPECTOR GENERAL, Steve Kelman, White House director of fed- Mr. President, throughout this de- eral procurement policy, is due to issue the DEPARTMENT OF DEFENSE, bate, I have repeatedly stressed one Arlington, VA, March 5, 1996. pay rule this month. He said May 28 that he point: Hon. STROM THURMOND, has not yet made a decision. Chairman, Committee on Armed Services, We need to get government bureau- Kelman will weight options that include a U.S. Senate, Washington, DC. crats out of the business of deciding cap on how much the Pentagon can reim- DEAR MR. CHAIRMAN: Recently, the Depart- how much to pay industry executives. burse executives for their salaries. ment provided its views on S. 1102, ‘‘To Mr. President, there is only one place Congress has a $200,000 cap this year, pend- ing the new policy. Or Kelman could elimi- amend title 10, United States Code, to make where those kinds of decisions should reimbursement of defense contractors for nate any caps and let the DoD’s cost-ac- be made in this country. counting principles govern levels of reim- costs of excessive amounts of compensation And that’s in the marketplace. for contractor personnel unallowable under bursement. He also will address other forms of pay, the Department of Defense contracts’’. In re- Those decisions should be governed such as bonuses, deferred salary, stock op- sponse to a request from Senator GRASSLEY’S by profits and business successes. tions and other compensation, often earned office, we offer our views on the legislation There is a general consensus for get- ting the Government out of the loop. during corporate restructuring. for your consideration. These issues came under congressional We support a permanent $250,000 cap on al- Government bureaucrats are incapa- scrutiny with the merger of Lockheed and lowable individual compensation costs under ble of deciding what an executive Martin Marietta corporations. Lockheed DoD contracts. This is not a limitation on should earn. Martin will get $16.5 million from the gov- total compensation but on the costs charged Mr. President, I have here in my ernment in extra compensation resulting to the Government. Furthermore, we would hand an article taken from one of the from the restructuring. also support a limitation on all Government ‘‘During the past eight years, 2.2 million contractors. This additional limitation defense trade journals. This one is from Defense News, June Americans have lost their defense-related would prevent DoD contractors who also jobs. At precisely the same time, the top have contracts with other Government agen- 3–9, 1996, page 14. CEOs among defense contractors have been cies from charging this compensation to non- Now, Defense News is a weekly publi- taking home huge salaries and stock payouts DoD contracts. cation with close ties to defense indus- paid in no small part by U.S. taxpayers,’’ I hope this information is helpful as the try. Reps. Peter DeFazio, D-Ore., Bernard Sand- Congress continues consideration of this im- ers, I-Vt., and Carolyn Maloney, D-N.Y., portant issue. If we can be of further assist- The article has this title: ‘‘White wrote May 9 to Defense Secretary William ance, please do not hesitate to contact me or House Prepares New Rule on Com- Perry. Mr. John R. Crane, Office of Congressional pensation for Executives.’’ The report says the White House pro- Bert Concklin, president of the Profes- Liaison, at (703, 604–8324. sional Services Council, a Vienna, Va.-based Sincerely, curement czar is about to issue a new consultants association, said the policy ELEANOR HILL, regulation on how much executive pay should address only high levels of compensa- Inspector General. can be charged to defense contracts. tion resulting from mergers, buyouts or Mr. GRASSLEY. Unfortunately, Sen- ‘‘Industry officials’’ are quoted. other corporate restructuring, while leaving ator BOXER and I think $250,000 cap is And industry officials are saying alone normal bonuses and salaries. too high. what I am saying. ‘‘It should focus on what has apparently That’s what the President of the They say that this decision should be gotten the attention of the critics,’’ Concklin said May 28. United States makes in a year. made in the marketplace. Only one person on the Federal pay- This is what the reports says, and I Mr. GRASSLEY. Grassley-Boxer roll should make that much money. quote: doesn’t get the Government out of the Mr. President, the appropriators ‘‘Industry officials say the free mar- loop completely. It would leave bureaucrats with au- seem to agree with our thinking. ket should determine how much they We can thank the appropriators for thority to manipulate just a small [defense executives] are paid, and how their pioneering work in this area. piece of the compensation pie. much the Government reimburses In 1944, they established the first The bulk of executive compensation them [for salary].’’ ‘‘cap’’ on the defense appropriations would be decided by industry in the Mr. President, that is exactly what I bill. marketplace where it belongs. Under Section 8117 of Public Law 103– am saying. In time, I hope to see a complete end 335, they placed a $250,000 salary ‘‘cap’’ Mr. President, I ask unanimous con- to this practice. on fiscal year 1995 contract payments. sent to have printed in the RECORD, the It would cease to be an allowable ex- Then, just last year, they lowered the article. pense under defense contracts. cap to $200,000 on fiscal year 1996 con- There being no objection, the mate- Mr. NUNN. Mr. President, I urge tract payments. rial was ordered to be printed in the adoption of the amendment. That was in Section 8068 of Public RECORD, as follows: The PRESIDING OFFICER. Without Law 104–61—the fiscal year 1996 defense [From the Defense News, June 3–9, 1996] objection, the amendment is agreed to. appropriations bill. WHITE HOUSE PREPARES NEW RULE ON The amendment (No. 4075) was agreed As I pointed out earlier in the debate, COMPENSATION FOR EXECUTIVES to. that’s not a permanent cap. (By Jeff Erlich) Mr. KEMPTHORNE. Mr. President, I It’s a 1-year cap on fiscal year 1996 WASHINGTON.—White House officials will move to reconsider the vote by which defense appropriations. make a decision this month on what portion the amendment was agreed to. Mr. President, we need a permanent of defense executives’ salaries the govern- Mr. NUNN. I move to lay that motion cap on all Government contracts. ment will reimburse. on the table. S6502 CONGRESSIONAL RECORD — SENATE June 19, 1996 The motion to lay on the table was The legislative clerk read as follows: ‘‘(B) The cost of any equipment, services, agreed to. The Senator from Idaho [Mr. or supplies acquired for the purpose of carry- ing out or supporting activities described in AMENDMENT NO. 4076 KEMPTHORNE], for MCCAIN, proposes an amendment numbered 4077. such subsection (e)(5), including any non- (Purpose: To amend the reporting require- lethal, individual or small-team landmine ment under demonstration project for pur- The amendment is as follows: cleaning equipment or supplies that are to be chase of fire, security, police, public works, At the end of subtitle D of title III, add the transferred or otherwise furnished to a for- and utility services from local government following: eign country in furtherance of the provision agencies) SEC. . AUTHORITY FOR AGREEMENTS WITH IN- of assistance under this section. Mr. NUNN. Mr. President, on behalf DIAN TRIBES FOR SERVICES UNDER ‘‘(C) The cost of any equipment, services, of Senator BOXER, I offer an amend- ENVIRONMENTAL RESTORATION or supplies provided pursuant to (B) may not PROGRAM. exceed $5 million each year.’’. ment that would extend the reporting Section 2701(d) of title 10, United States date on the demonstration project for Code, is amended— Mr. NUNN. Mr. President, this an additional 2 years. The demonstra- (1) in the first sentence of paragraph (1), by amendment amends existing law to en- tion involves purchase of services from striking out ‘‘, or with any State or local able the Department of Defense in the municipalities. government agency,’’ and inserting in lieu course of providing education, training I believe this amendment has also thereof ‘‘, with any State or local govern- and technical assistance to foreign na- been cleared by the Republican side of ment agency, or with any Indian tribe,’’; and tions personnel on landmine clearance (2) by adding at the end the following: the aisle. to also acquire equipment, services or ‘‘(3) DEFINITION.—In this subsection, the The PRESIDING OFFICER. The term ‘Indian tribe’ has the meaning given supplies and to transfer nonlethal indi- clerk will report. such term in section 101(36) of the Com- vidual small team landmine clearing The legislative clerk read as follows: prehensive Environmental Response, Com- equipment or supplies to such foreign The Senator from Georgia (Mr. NUNN), for pensation, and Liability Act of 1980 (42 country. A ceiling of $5 million would Mrs. BOXER, proposes an amendment num- U.S.C. 9601(36)).’’. be set for the cost of such services, bered 4076. Mr. MCCAIN. Mr. President, I am of- equipment and supplies. The amendment is as follows: fering an amendment to S. 1745, the Mr. KEMPTHORNE. Mr. President, At the end of title VIII, insert the follow- National Defense Authorization Act for this has been cleared on this side, and ing new section: fiscal year 1997, that would modify sec- I urge its immediate adoption. SEC. . REPORTING REQUIREMENT UNDER DEM- tion 2701 of title 10, United States The PRESIDING OFFICER. Without ONSTRATION PROJECT FOR PUR- Code, to specifically authorize the Sec- objection, the amendment is agreed to. CHASE OF FIRE, SECURITY, POLICE, retary of Defense to enter into agree- The amendment (No. 4078) was agreed PUBLIC WORKS, AND UTILITY SERV- ICES FROM LOCAL GOVERNMENT ments to obtain the reimbursable serv- to. AGENCIES. ices of any Indian tribe to assist the Mr. NUNN. Mr. President, I move to Section 816(b) of the National Defense Au- Secretary in carrying out Department reconsider the vote. thorization Act for Fiscal Year 1995 (Public of Defense environmental restoration Mr. KEMPTHORNE. I move to lay Law 103–337; 108 Stat. 2820) is amended by activities. Section 2701 currently au- that motion on the table. striking out ‘‘1996’’ and inserting in lieu thorizes the Secretary to enter into The motion to lay on the table was thereof ‘‘1998’’. such agreements ‘‘* * * with any other agreed to. Mr. KEMPTHORNE. Mr. President, Federal agency, or with any State or AMENDMENT NO. 4079 this has been cleared on this side. local government agency. * * *’’ (Purpose: To revise the eligibility require- I urge its immediate adoption. Participation in agreements under ments for grants and contracts under the The PRESIDING OFFICER. Without section 2701 became an issue when the University Research Initiative Support objection, the amendment is agreed to. Department of Defense informed the Program) The amendment (No. 4076) was agreed Suquamish Indian tribe that the De- Mr. KEMPTHORNE. Mr. President, I to. partment did not have the legal au- send to the desk an amendment on be- Mr. KEMPTHORNE. Mr. President, I thority to enter into such agreements half of myself which would clarify the move to reconsider the vote by which with Indian tribes. The amendment eligibility criteria for the University the amendment was agreed to. would expressly authorize the Depart- Research Initiative Support Program. Mr. NUNN. I move to lay that motion ment to enter into agreements with In- The PRESIDING OFFICER. The on the table. dian tribes for reimbursable services clerk will report. The motion to lay on the table was related to environmental restoration. The legislative clerk read as follows: agreed to. Mr. President, I urge that the Senate The Senator from Idaho [Mr. KEMPTHORNE] AMENDMENT NO. 4077 adopt this amendment. proposes an amendment numbered 4079. (Purpose: To authorize agreements with In- Mr. KEMPTHORNE. I urge adoption The amendment is as follows: dian tribes for services under the Defense of the amendment. At the end of subtitle D of title II add the Environmental Restoration Program) The PRESIDING OFFICER. Without following: Mr. KEMPTHORNE. Mr. President, objection, the amendment is agreed to. SEC. 243. AMENDMENT TO UNIVERSITY RE- on behalf of Senator MCCAIN, I offer an The amendment (No. 4077) was agreed SEARCH INITIATIVE SUPPORT PRO- amendment that modifies section 2701 to. GRAM. of title X, United States Code, that Mr. KEMPTHORNE. Mr. President, I Section 802(c) of the National Defense Au- specifically authorizes the Secretary of move to reconsider the vote. I move to thorization Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1701; 10 U.S.C. 2358 Defense to enter into agreements to ob- lay it on the table. note) is amended by striking out ‘‘fiscal tain the reimbursable services of any The motion to lay on the table was years before the fiscal year in which the in- Indian tribe to assist the Secretary in agreed to. stitution submits a proposal’’ and inserting carrying out the Department of De- AMENDMENT NO. 4078 in lieu thereof ‘‘most recent fiscal years for fense environmental restoration activi- (Purpose: To revise the description of a cat- which complete statistics are available when ties. Section 2701 currently authorizes egory of expenses for which humanitarian proposals are requested’’. the Secretary to enter into such agree- and civic assistance funds may be used) Mr. KEMPTHORNE. Mr. President, I ments with any other Federal agency Mr. NUNN. Mr. President, I send an am proposing an amendment to the De- or State or local government agency. amendment to the desk and ask it be fense Authorization bill in support of The amendment would make it clear reported. the University Research Initiative Sup- that an Indian tribe may be party to The PRESIDING OFFICER. The port Program [URISP]. This amend- such an agreement. clerk will report the amendment. ment will greatly improve and make I believe this amendment has been The legislative clerk read as follows: more efficient the process for calculat- cleared by the other side. The Senator from Georgia [Mr. NUNN] pro- ing the eligibility of colleges and uni- Mr. NUNN. Mr. President, I urge poses an amendment numbered 4078. versities around the country to receive adoption of the amendment. The amendment is as follows: grants and contracts for research by The PRESIDING OFFICER. The In section 1006, strike out the last three clarifying that such institutions may clerk will report. lines and insert in lieu thereof the following: not have received more than $2 million June 19, 1996 CONGRESSIONAL RECORD — SENATE S6503 in funding from the Department of De- Mr. NUNN. Mr. President, I urge (1) TRANSFER AUTHORIZED.—The Secretary fense in the two most recent fiscal adoption of the amendment. of the Army may transfer, without reim- years for which complete statistics are The PRESIDING OFFICER. Without bursement, to the administrative jurisdic- available when proposals are requested. objection, the amendment is agreed to. tion of the Secretary of Veterans Affairs a The University Research Initiative The amendment (No. 4079) was parcel of real property (including any im- provements thereon) consisting of approxi- Support Program [URISP] was initi- agreed. mately 400 acres and comprising a portion of ated by the Senate Armed Services Mr. KEMPTHORNE. Mr. President, I Fort Sill, Oklahoma. Committee in section 802 of the Na- move to reconsider the vote. (2) USE OF LAND.—The Secretary of Veter- tional Defense Authorization Act for Mr. NUNN. I move to lay that motion ans Affairs shall use the real property trans- fiscal year 1994. The purpose of the pro- on the table. ferred under paragraph (1) as a national cem- gram was to provide support for indi- The motion to lay on the table was etery under chapter 24 of title 38, United vidual universities which had not been agreed to. States Code. participants in Department of Defense (3) RETURN OF UNUSED LAND.—If the Sec- AMENDMENT NO. 4080 retary of Veterans Affairs determines that research programs. The URISP pro- (Purpose: To strike section 1008, relating to any portion of the real property transferred gram is only open to universities that the prohibition on the use of funds for Of- under paragraph (1) is not needed for use as have received less than $2 million in fice of Naval Intelligence representation or a national cemetery, the Secretary of Veter- DOD R&D funds in the two fiscal years related activities) ans Affairs shall return such portion to the preceding the submission of proposals Mr. KEMPTHORNE. Mr. President, administrative jurisdiction of the Secretary for participation by the university. The on behalf of Senator LOTT, I offer an of the Army. program was intended to be a com- amendment to strike section 1008 of (b) LEGAL DESCRIPTION.—The exact acreage plement to the similar Defense Pro- the bill relating to the Office of Naval and legal description of the real property to Intelligence. I believe this amendment be transferred or conveyed under this section gram to Stimulate Competitive Re- shall be determined by surveys that are sat- search [DEPSCoR] program in which has been cleared by the other side. isfactory to the Secretary of the Army. The university eligibility is determined The PRESIDING OFFICER. The cost of such surveys shall be borne by the re- solely by location in a designated clerk will report. cipient of the real property. DEPSCoR state and not by the amount The legislative clerk read as follows: Mr. NICKLES. Mr. President, I wish of research funding an individual insti- The Senator from Idaho [Mr. to thank Senators THURMOND and NUNN tution may have received in the past. KEMPTHORNE], for Mr. LOTT, proposes an for their assistance in getting this pro- Section 802 directs that all contracts amendment numbered 4080. vision included in the Defense author- and grants be awarded under the The amendment is as follows: ization bill. I also want to thank the URISP program using merit-based, Strike out section 1008, relating to the pro- staff of the Senate Armed Services competitive procedures. hibition on the use of funds for Office of Committee for their patience and un- On February 13, 1996, the Department Naval Intelligence representation or related derstanding in working with my staff activities. of Defense announced that it will on this issue. award $30 million under the URISP Mr. LOTT. Mr. President, this This land transfer will put Oklahoma program over the next five years. The amendment strikes section 1008 of the well on its way to getting a new na- funding is intended to allow for the bill as reported out of committee. I ap- tional veterans cemetery. This process building of infrastructure to allow the preciate the support of the members of was started nearly ten years ago, but universities to compete for DOD re- the committee as well as the full Sen- for one reason or another has been slow search contracts. The average grant is ate for this amendment. in moving forward. The transfer will $2 million, and the plan is to fund the Mr. NUNN. Mr. President, I urge conclude years of searching for a loca- first three years at $500,000 each and to adoption of the amendment. tion by utilizing this land now a part of provide $300,000 and $200,000 in the The PRESIDING OFFICER. Without Ft. Sill. fourth and fifth year, respectively. objection, the amendment is agreed to. Getting property upon which to lo- Unfortunately, release of full funding The amendment (No. 4080) was agreed cate a veterans cemetery has been a for the first installment has been re- to. major struggle, and, obviously, this duced by the OSD comptroller to Mr. KEMPTHORNE. Mr. President, I $140,000 because the eligibility deter- land transfer solves that problem. I am move to reconsider the vote. very pleased that this provision will be minations required under the law are Mr. NUNN. I move to lay that motion delaying program implementation. In- in the bill for the veterans of Okla- on the table. homa who wondered if this day would formation for the two most recent fis- The motion to lay on the table was cal years has not been available be- ever come. agreed to. Mr. INHOFE. Mr. President, I wish to cause of the time lag in compiling such AMENDMENT NO. 4081 recent data. thank Senators THURMOND and NUNN (Purpose: To authorize the Secretary of the for agreeing to include this provision The amendment I propose would have Army to convey certain real property lo- the effect of allowing the program to in the Defense authorization bill. I also cated at Fort Sill, Oklahoma) want to thank the staff of the Senate go forward by authorizing the use of Mr. KEMPTHORNE. Mr. President, data from the two most recent fiscal Armed Services Committee for their on behalf of Senators INHOFE and NICK- years for which it is available at the patience and understanding in working LES, I offer an amendment which would with Senator NICKLES’ and my staff on time the university made its proposal. transfer 400 acres located at Fort Sill, This change will allow the effective im- this issue. OK, to the Department of Veterans Af- This land transfer will allow Okla- plementation of a program that origi- fairs for use as a national cemetery. I nated in the Senate Armed Services homa to move forward in its attempt believe this amendment has been Committee. to establish a new national veterans’ cleared by the other side. The Department of Defense has re- cemetery. This process has taken al- The PRESIDING OFFICER. The quested that this change be made and most a decade to get to this point, but clerk will report the amendment. the House has included this provision I believe we now have a satisfactory so- The legislative clerk read as follows: in their bill as section 244. In the spirit lution in using available land at Fort of competition, passage of this amend- The Senator from Idaho [Mr. Sill, in Lawton, OK. KEMPTHORNE], for Mr. NICKLES, for himself ment would allow universities which Finding property for this veterans’ and Mr. INHOFE, proposes an amendment cemetery has been a major struggle, previously lacked the ability to vie for numbered 4081. government research dollars to com- and, obviously, this land transfer will The amendment is as follows: pete on a more equal footing thereby mean a great deal to many Oklahoman ensuring that healthy competition re- Insert the following in the appropriate veterans. I am pleased to be a part of place: mains the standard bearer in the re- this solution, and I thank the other SEC. . TRANSFER OF JURISDICTION AND LAND search and development community. CONVEYANCE, FORT SILL, OKLA- Senators who have helped to make this Mr. President, I believe this amend- HOMA. happen. ment has been cleared by the other (a) TRANSFER OF LAND FOR NATIONAL CEME- Mr. NUNN. I urge adoption of the side. TERY.— amendment. S6504 CONGRESSIONAL RECORD — SENATE June 19, 1996 The PRESIDING OFFICER. Without ‘‘(1) Amounts recovered under CERCLA for There being no objection, the mate- objection, the amendment is agreed to. response actions. rial was ordered to be printed in the The amendment (No. 4081) was agreed ‘‘(2) Any other amounts recovered from a RECORD, as follows: contractor, insurer, surety, or other person to. U.S. CONGRESS, Mr. KEMPTHORNE. Mr. President, I to reimburse the Department of Defense or a military department for any expenditure for CONGRESSIONAL BUDGET OFFICE, move to reconsider the vote. environmental response activities. Washington, DC, May 15, 1996. Mr. NUNN. I move to lay that motion ‘‘(e) PAYMENTS OF FINES AND PENALTIES.— Hon. STROM THURMOND, on the table. None of the funds appropriated to the De- Chairman, Committee on Armed Services, U.S. The motion to lay on the table was fense Environmental Restoration Account Senate, Washington, DC. agreed to. for fiscal years 1995 through 1999, or to any DEAR MR. CHAIRMAN: The Congressional AMENDMENT NO. 4082 environmental restoration account of a mili- Budget Office has prepared the attached cost (Purpose: To revise the provision relating to tary department for fiscal years 1997 through estimate for S. 1745, the National Defense the environmental restoration accounts) 1999, may be used for the payment of a fine Authorization Act for Fiscal Year 1997 as or- Mr. KEMPTHORNE. Mr. President, or penalty (including any supplemental envi- dered reported by the Senate Committee on ronmental project carried out as part of such Armed Services on May 2, 1996. on behalf of Senator MCCAIN, I offer an penalty) imposed against the Department of amendment that would remove lan- The bill would affect direct spending, and Defense or a military department unless the thus would be subject to pay-as-you-go pro- guage that refers to the treatment of act or omission for which the fine or penalty cedures under section 252 of the Balanced appropriations and focuses on purposes is imposed arises out of an activity funded Budget and Emergency Deficit Control Act for which authorized funds may be obli- by the environmental restoration account of 1985. gated under the four environmental concerned and the payment of the fine or penalty has been specifically authorized by If you wish, we would be pleased to provide restoration accounts for the military further details on the estimate. departments. law.’’. (2) The table of sections at the beginning of Sincerely, The amendment also eliminates all chapter 160 of title 10, United States Code, is JUNE E. O’NEILL, references to transfer accounts. The de- amended by striking out the item relating to Director. letion of the term ‘‘transfer accounts’’ section 2703 and inserting in lieu thereof the Attachment. ensures that the four environmental following item: CONGRESSIONAL BUDGET OFFICE COST ESTIMATE restoration accounts are treated as ‘‘2703. Environmental restoration accounts.’’. 1. Bill number: S. 1745. separate line items for authorization of (b) REFERENCES.—Any reference to the De- appropriations not susceptible to fense Environmental Restoration Account in 2. Bill title: National Defense Authoriza- transfer funds between the military de- any Federal law, Executive Order, regula- tion Act for Fiscal Year 1997. partments. tion, delegation of authority, or document of 3. Bill Status: As ordered reported by the I believe this amendment has been or pertaining to the Department of Defense Senate Committee on Armed Services on cleared by the other side. shall be deemed to refer to the appropriate May 2, 1996. environmental restoration account estab- The PRESIDING OFFICER. The 4. Bill purpose: This bill would authorize lished under section 2703(a)(1) of title 10, clerk will report the amendment. appropriations for 1997 for the military func- United States Code (as amended by sub- The legislative clerk read as follows: tions of the Department of Defense (DoD) section (a)(1)). and the Department of Energy (DoE). This The Senator from Idaho [Mr. (c) CONFORMING AMENDMENT.—Section bill also would prescribe personnel strengths KEMPTHORNE], for Mr. MCCAIN, proposes an 2705(g)(1) of title 10, United States Code, is for each active duty and selected reserve amendment numbered 4082. amended by striking out ‘‘the Defense Envi- component. The amendment is as follows: ronmental Restoration Account’’ and insert- On page 81, strike out line 18 and all that ing in lieu thereof ‘‘the environmental res- 5. Estimated cost to the Federal Govern- follows through page 86, line 2, and insert in toration account concerned’’. ment: Table 1 summarizes the budgetary ef- lieu thereof the following: (d) TREATMENT OF UNOBLIGATED BAL- fects of the bill. It shows the effects of the bill on direct spending and asset sales and on SEC. 341. ESTABLISHMENT OF SEPARATE ENVI- ANCES.—Any unobligated balances that re- RONMENTAL RESTORATION AC- main in the Defense Environmental Restora- authorizations of appropriations for 1997. As- COUNTS FOR EACH MILITARY DE- tion Account under section 2703(a) of title 10, suming appropriation of the amounts au- PARTMENT. United States Code, as of the effective date thorized, the bill would increase funding for (a) ESTABLISHMENT.—(1) Section 2703 of specified in subsection (e) shall be trans- discretionary programs in 1997 by $3.0 billion title 10, United States Code, is amended to ferred on such date to the Defense Environ- over the 1996 appropriated level, although read as follows: mental Restoration Account established outlays would decline by $0.1 billion. ‘‘§ 2703. Environmental restoration accounts under section 2703(a)(1) of title 10, United 6. Basis of estimate: The estimate assumes ‘‘(a) ESTABLISHMENT OF ACCOUNTS.—There States Code (as amended by subsection that the bill will be enacted by October 1, are hereby established in the Department of (a)(1)). 1996, and that the amounts authorized will be Defense the following accounts: (e) EFFECTIVE DATE.—The amendments appropriated for 1997. Outlays are estimated ‘‘(1) An account to be known as the ‘De- made by this section shall take effect on the according to historical spending patterns. fense Environmental Restoration Account’. later of— Direct spending and asset sales ‘‘(2) An account to be known as the ‘Army (1) October 1, 1996; or Environmental Restoration Account’. (2) the date of the enactment of this Act. The bill contains several provisions that ‘‘(3) An account to be known as the ‘Navy Mr. NUNN. I urge adoption of the would affect direct spending or asset sales Environmental Restoration Account’. amendment. (see Table 2). The provisions involve the sale ‘‘(4) An account to be known as the ‘Air The PRESIDING OFFICER. Without of material in the National Defense Stock- Force Environmental Restoration Account’. pile, the sale of various naval vessels, civil- ‘‘(b) OBLIGATION OF AUTHORIZED objection, the amendment is agreed to. The amendment (No. 4082) was agreed ian and military retirement benefits, annu- AMOUNTS.—Funds authorized for deposit in ities for military surviving spouses, the use an account under subsection (a) may be obli- to. of proceeds from certain property sales, and gated or expended from the account only in Mr. KEMPTHORNE. Mr. President, I other matters with less significant costs. order to carry out the environmental res- move to reconsider the vote. Under the 1996 budget resolution, proceeds toration functions of the Secretary of De- Mr. NUNN. I move to lay that motion fense and the Secretaries of the military de- from asset sales are counted in the budget on the table. totals for purposes of Congressional scoring. partments under this chapter and under any The motion to lay on the table was other provision of law. Funds so authorized Under the Balanced Budget Act, however, shall remain available until expended. agreed to. proceeds from asset sales are not counted in ‘‘(c) BUDGET REPORTS.—In proposing the Mr. KEMPTHORNE. Mr. President, determining compliance with the discre- budget for any fiscal year pursuant to sec- as it was noted in Senate Report No. tionary spending limits or pay-as-you-go re- tion 1105 of title 31, the President shall set 104–267 produced by the Committee on quirement. forth separately the amounts requested for Armed Services, it was not possible to Stockpile Sales. The bill would require the environmental restoration programs of the include CBO cost estimates when the Administration to sell certain materials in Department of Defense and of each of the report was created because the cost es- the National Defense Stockpile to raise re- military departments under this chapter and ceipts by $338 million during the five-year under any other Act. timates were not available. I now have period ending on September 30, 2001, and $649 ‘‘(d) AMOUNTS RECOVERED.—The following CBO’s figures. million during the seven-year period ending amounts shall be credited to the appropriate I ask unanimous consent that they be on September 30, 2003. Table 2 shows CBO’s environmental restoration account: printed in the RECORD. estimates of sales through 2002. June 19, 1996 CONGRESSIONAL RECORD — SENATE S6505 TABLE 1.—BUDGETARY IMPACT OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997 AS ORDERED REPORTED BY THE SENATE COMMITTEE ON ARMED SERVICES [By fiscal years, in millions of dollars]

1996 1997 1998 1999 2000 2001 2002

DIRECT SPENDING AND ASSET SALES Direct spending:. Estimated budget authority ...... 0 12 20 75 78 82 89 Estimated outlays ...... 0 ¥1 13 72 77 82 89 Assets Sales:1 Estimate budget authority ...... 0 ¥142 ¥59 ¥64 ¥70 ¥75 ¥145 Estimated outlays ...... 0 ¥142 ¥59 ¥64 ¥70 ¥75 ¥145 SPENDING SUBECT TO APPROPRIATIONS ACTIONS Spending under current law: Budget authority2 ...... 265,023 0 0 0 0 0 0 Estimated outlays ...... 264,311 91,156 36,485 17,138 7,362 3,275 913 Proposed changes: Estimated authorization level ...... 0 268,069 0 0 0 0 0 Estimated outlays ...... 0 173,007 55,280 21,615 9,373 3,938 2,084 Spending under the bill: Estimated authorizaton level 2 ...... 265,023 268,069 0 0 0 0 0 Estimated outlays ...... 264,311 264,163 91,765 38,753 16,735 7,213 2,997 1 Under the 1996 budget resolution, proceeds from asset sales are counted in the budget totals for purposes of Congressinal scoring. Under the Balanced Budget Act, however, proceeds from asset sales are not counted in determining compliance with the discretionary spending limits or pay-as-you-go requirement. 2 The 1996 figure is the amount appropriated for programs authorized by this bill. Note.—Costs of the bill would fall under budget function 050, National Defense, except for certain other items as noted.

The receipts would come from selling alu- service requirements for regular retirement. Annuities for Certain Military Surviving minum, cobalt, columbium ferro, germanium Further, the high-3 average federal salary Spouses. Section 634 would provide annuities metal, indium, palladium, platinum, rubber, used to calculate benefits would be indexed to the surviving spouses of two groups of and tantalum. Current law does not permit to federal pay raises during the time between former servicemembers. The first group DoD to sell any of these materials except co- the end of federal service and retirement. would consist of military retirees who died balt, but CBO expects that all cobalt now au- Based on data from DoD, CBO estimates that before March 21, 1974. The second group thorized for sale will be sold during 1996. only about 5 percent of those affected would would consist of reservists who died between To determine if the receipt targets could begin receiving benefits in the six-year pro- September 21, 1972 and October 1, 1978, and be achieved, CBO reviewed both past sales jection period. Direct spending outlays are who were entitled to retired pay at the time and historical trends in prices for the dif- estimated to be less than $500,000 in fiscal of their death except that they were under ferent materials. Using both historical aver- year 1997, $2 million in 1998, $3 million in age prices and quantities that would prob- 1999, $3 million in 2000, $4 million in 2001, and the age of 60. Based on information from ably not cause any significant disruption in $6 million in 2002. The bulk of the costs DOD, CBO estimates that this provision world markets, CBO found the receipt levels would begin to be realized about 15 years would ultimately extend benefits to about to be achievable. from enactment. 25,000 surviving spouses. We assume, how- Transfer of Naval Vessels. The bill would Over the six-year projection period, the in- ever, that only half of those eligible spouses authorize the Secretary of the Navy to sell creased costs of the annuities would be more would learn of this provision and receive eight naval vessels to certain foreign coun- than offset by forgone refunds of employee benefits in 1997, when costs are estimated to tries and otherwise dispose of two other ves- contributions. Based on rates of withdrawal total about $12 million. In 2002, we assume sels. The Navy estimates the sale would gen- from the Office of Personnel Management, all 25,000 will be receiving the benefits. CBO erate $72 million in offsetting receipts in CBO assumes that under current law about estimates that payments will eventually 1997. 60 percent of affected employees would have total about $57 million a year. Civilian Retirement Annuities. Section withdrawn their retirement contributions, 1121 would index the average pay used to cal- when they lost their federal jobs to a private Use of Base Closure Proceeds. Section 2812 culate deferred retirement benefits for cer- contractor. Since this proposal would great- would allow DOD to use certain proceeds tain DoD civilian employees. CBO estimates ly increase the value of the employee’s re- from the sale of base closure property for the that this proposal would reduce spending by tirement benefits, most of the affected work- construction of commissaries or facilities re- $40 million in fiscal year 1997, $98 million in ers would not withdraw their contributions lated to morale, recreation, or welfare ac- 1998, $57 million in 1999, $57 million in 2000, and instead would remain eligible for retire- tivities. This provision would affect proceeds $56 million in 2001, and $54 million in 2002. ment benefits. Given an average refund of from the sale of any property that was ac- Section 1121 would apply, at the discretion about $34,000, the reduction in outlays from quired or constructed with commissary funds of DoD, to employees at military bases sold fewer refunds is estimated to be $20 million or nonappropriated funds and that is sold to private contractors. To qualify for bene- in fiscal year 1997 and about $40 million in due to the base closure process. Under cur- fits under this proposal, the DoD employee 1998. rent law, these proceeds cannot be used un- must continue working in the same job after Section 1121 would also require that DOD less appropriated by the Congress. By 2002, the base is sold to a private company. Fur- amortize in 10 equal payments any increase CBO estimates that spending under this sec- ther, the employee must be enrolled in the in the unfunded liability of the Civil Service tion would total about $15 million annually. Civil Service Retirement and Disability Sys- Retirement and Disability Fund that is at- tem and not be eligible for retirement bene- tributable to the enhanced benefits of this Retirement of Certain Officers. Section 532 fits. Based on the Base Realignment and Clo- proposal. DOD would pay an estimated $20 would allow no more than 25 retired officers sure Commission reports and data from DoD, million a year for 10 years beginning in fiscal in each military department to be recalled CBO assumes that about 1,200 people in 1997 year 1997 and another $40 million a year for to active duty. Under current law, the Army and 2,000 in 1998 would take advantage of this 10 years beginning in 1998. The receipt of and Navy have recalled about 100 retired offi- proposal. these payments is not included in the cost cers to active duty. This provision would Under the bill, qualified workers could estimate because they fund additional bene- force the retirement of about 150 people and count their years of service under the pri- fits that generally lie beyond the horizon of would result in increased retirements costs vate contractor toward meeting the age and the estimate. of about $5 million annually. TABLE 2.—DIRECT SPENDING AND ASSET SALES IN S. 1745 [By fiscal years, in millions of dollars]

1997 1998 1999 2000 2001 2002

DIRECT SPENDING Civilian Retirement ...... ¥20 ¥38 3 3 4 6 Surviving Spouses ...... 12 38 52 54 56 57 Base Closure Proceeds ...... 2 8 12 14 15 15 Retirement of Certain Officers ...... 5 5 5 5 5 6 Bonuses Repayments ...... 0 0 (1) 1 2 5 Other Direct Spending ...... (1) (1) (1) (1) (1) (1)

Total Direct Spending ...... ¥1 13 72 77 82 89

ASSET SALES Stockpile Sales ...... ¥70 ¥59 ¥64 ¥70 ¥75 ¥145 Sale of Naval Vessels ...... ¥72 0 0 0 0 0 S6506 CONGRESSIONAL RECORD — SENATE June 19, 1996 TABLE 2.—DIRECT SPENDING AND ASSET SALES IN S. 1745—Continued [By fiscal years, in millions of dollars]

1997 1998 1999 2000 2001 2002

Total Asset Sales ...... ¥142 ¥59 ¥64 ¥70 ¥75 ¥145 1 Less than $500,000.

Repayment of Separation Bonuses. Under The bill also contains a provision that ments. Payment authorities for enlistment current law, some servicemembers who leave would allow the government to recover the and reenlistment bonuses for active duty the military and receive certain separation costs of compensation for certain military personnel would cost $148 million in 1998. The bonus payments must repay those amounts servicemembers who are unable to perform cost of extensions of special payments for if they later receive veterans’ disability their military duties. If a third party is aviators and nuclear-qualified personnel compensation or military retirement. For found liable for the circumstances under would total $49 million in 1998. Extension of these individuals retirement and compensa- which the servicemember becomes incapaci- various bonus programs for Selected Reserve tion payments are withheld until the full tated, the government would be able to col- personnel would increase costs by $33 million amount of the bonus payment has been re- lect and spend the money. Collections would in 1998. Finally, authorities to make special couped. This provision would change the increase but expenditures would rise by the payments to nurse officer candidates, reg- amount that must be repaid from 100 percent same amount, so there would be no net budg- istered nurses, and nurse anesthetists would of the bonus payment to the net amount of etary impact. increase authorizations by $12 million in 1998. the payment following federal income tax Authorizations of appropriations Housing Allowance During Duty at Sea. The withholding, for separations from service oc- The bill authorizes specific appropriations curring in 1997 or later. Thus, beneficiaries bill would authorize payment of housing al- of $198 billion for 1997 for operation and lowances to certain personnel in pay grade would begin receiving veterans compensa- maintenance, procurement, research, devel- tion or retired pay sooner than under current E–5 who are assigned to shipboard sea duty. opment, test and evaluation, nuclear weap- This change would provide about 7,000 per- law. ons programs, and other DoD program. These Additional veteran’s compensation pay- sonnel with housing allowances averaging authorizations fall under National Defense, ments would begin in 1999. Near term costs $6,000 annually, for a total yearly cost of budget function 050. would be small—less than $500,000 in 1999 and about $40 million. In addition, the bill would authorize spe- Grade Structure. The bill would authorize $15 million in 2002. Total costs for individual cific appropriations for other budget func- the number of active duty officers who can separating over the next six years would tions: $150 million for the Naval Petroleum serve in certain pay grades in each of the eventually amount to about $70 million, but Reserve (function 270), $57 million for the military services. This change would not in- this total amount would not be reached for Armed Forces Retirement Home (function crease overall endstrength, but it would re- 10 to 15 years. 700). No data are kept on the number of individ- sult in increased promotions. The provision The bill also contains both specific and im- uals who receive separation payments and has a cost, about $35 million annually, be- plicit authorizations of appropriations for subsequently rejoin the military and qualify cause personnel serving in higher grades are other military programs, primarily for mili- paid more. Because the provision does not for retired pay. Such individual would most tary personnel costs, some of which extend take affect until September 1, 1997, the cost likely join and retire from the Selected Re- beyond 1997. Table 3 contains estimates for is only $3 million in 1997. serves. Reserve retirees do not receive re- the amounts authorized and the related out- Special Pay for Dentists. In 1996, DoD will tired pay until they reach age 62—-more lays. The following sections describe the es- pay about $40 million in incentive payments than 25 years after most would have received timated authorizations shown in Table 3 and to dentists serving as officers in the military the initial separation payment. Any costs as- provide information about CBO’s cost esti- services. This bill would increase these in- sociated with this part of the provision mates. centives at a cost of $8 million a year. would be small and would not appear for Endstrength. The bill would authorize ac- Moving costs. The bill would allow DoD to many years. tive and reserve component endstrengths for pay storage costs for motor vehicles when Miscellaneous Military Retirement Provi- 1997 at a cost of $68 billion. Endstrengths spe- members cannot take the vehicle along on a sions. Four other provisions would change cifically stated in the bill for active-duty move and to reimburse members for certain current law governing the military retired personnel would total about 1,457,500—about expenses when they pick up a vehicle at a program including survivor benefits. None of 500 more than in the Administration’s re- port following government shipment. To- these provisions would have significant costs quest but about 24,200 below the level esti- gether, these two provisions would cost $4 because relatively few people would be af- mated for 1996. DoD reserve endstrengths million in 1997. fected or changes in benefit levels would be would be authorized at about 901,900—about Family separation allowance. Current law relatively small: 900 more than in the Administration’s re- authorizes payment of a family separation Section 515 would authorize reservists to allowance (FSA) to servicemembers whose receive disability retirement if they are in- quest but about 28,900 less than the esti- mated 1996 level. military duties prevent them from being jured during overnight stays associated with able to live with their families. However, no inactive-duty training. Also, the bill would authorize an endstrength of 8,000 in 1997 for the Coast allowance is paid when both spouses are Section 516 would allow certain members servicemembers and there are not other de- of the reserves to receive retirement-related Guard Reserve, which is the same as the 1996 level and the Administration’s request; this pendents. This provision would pay FSA to credit if they participate in select edu- military couples who are otherwise eligible cational programs and work in a specialty authorization would cost about $66 million and would fall under budget function 400, for payments at a cost of $2 million annu- that is critically needed in wartime. ally. Transportation. Section 531 would allow service members Adoption expenses. Under current law, DOD Compensation and Benefits. The bill con- who are retired due to physical disabilities reimburses members of the military services tains several provisions that would affect to receive retired pay based on the grade to for expenses incurred when they adopt chil- military compensation and benefits. which they would have been promoted had it dren through state, local, or non-profit adop- Pay Raises and Quarters Allowances. The not been for the onset of the physical disabil- tion agencies. The bill would extend this re- bill would authorize a 3.0 percent increase in ity. imbursement to adoptions arranged pri- the rates of basic pay and the basic allow- Section 533 would authorize disability cov- vately under court supervision. Based on na- ance for subsistence for military personnel, erage for certain officers who are injured tional adoption statistics, CBO estimates while attending educational programs on at a cost of $1.2 billion. The same section that this change would increase the number leave without pay. would also call for the basic allowance for of adoptions eligible for reimbursement by Other provisions. The bill would give the quarters (BAQ) to increase by 4.0 percent. about 50 percent, at an annual cost of $1 mil- President the authority to award the Medal Under current law BAQ increases according lion. of Honor to seven individuals. This award is to the military pay raise; consequently, the Military Personnel Authorization. The bill accompanied by monthly payment of $400, 3.0 percent pay raise authorized in this bill explicitly authorizes appropriations for mili- but the annual cost of all seven recipients would raise BAQ by $109 million. The provi- tary personnel of $69,878 million in 1997. Be- would amount to less than $500,000 per year. sion that raises BAQ by the additional 1.0 cause the estimated cost of other sections of The bill would allow the Secretary of percent would cost another $36 million. the bill exceed this amount, this section has Transportation to stop trying to collect Thus, BAQ would increase by $145 million the effect of reducing costs by $36 million. amounts that Coast Guard personnel owed compared to 1996 rates. Military Health Care Programs. The bill the government before they died on active Expiring Authorities. Several sections would contains two provisions that affect military duty. The forgone receipts would be consid- extend for one year certain payment authori- health care and that have significant budg- ered direct spending. Both the number of ties that are scheduled to expire at the end etary impacts. people and the amount of collections would of 1997. In some cases, renewing authorities Dental Insurance. The bill would require be small, however, and the cost of this provi- for one year results in costs over several the Secretary of Defense to establish a den- sion would be less than $500,000 annually. years because payments are made in install- tal insurance program for military retirees June 19, 1996 CONGRESSIONAL RECORD — SENATE S6507 and their dependents. DOD could bear part of contractors could exchange data about costs are offset by savings of about $30 mil- the cost of the premium payments. Assum- health care beneficiaries. No information is lion in fiscal year 1997 and $50 million in 1998 ing premium sharing at the same level as in available from DOD about the potential attributable to the provision that precludes similar programs currently available to ac- costs of the changes, and CBO is unable to severance payment to any individual taking tive duty dependents and members of the Se- estimate the cost of this provision. advantage of benefits under this section. lected Reserve, this provision would cost Civilian Retirement Annuities. Section about $300 million annually. 1121, which would index the average pay used Public Health Service. The bill would au- Composite Health Care System (CHCS). The to calculate deferred retirement benefits for thorize payments to Public Health Service bill would direct the Secretary of Defense to certain DOD civilian employees, also results officers of certain special pay and allowances make certain changes to the composite in costs that would be funded by appropria- currently received by DoD military person- Health Care System (CHCS), an automated tions. The 10-year amortization payments nel. Payments would be extended to optom- medical information system used by DOD. made by the DOD to the civilian retirement etrists, non-physician health care providers, These changes would standardize CHCS so fund would total an estimated $10 million in and foreign language specialists at a cost of that the information systems of various 1997 and $60 million a year for each of the fol- $4 million annually. These costs would fall military treatment facilities and private lowing years in the projection period. These under various budget functions. TABLE 3.—AUTHORIZATIONS OF APPROPRIATIONS IN THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997 AS ORDERED REPORTED BY THE SENATE COMMITTEE ON ARMED SERVICES [By fiscal years, in millions of dollars]

Category 1997 1998 1999 2000 2001 2002

Stated authorizations ...... 198,120 0 0 0 0 0 Estimated outlays ...... 106,579 51,760 21,615 9,373 3,938 2,084 Endstrengths: Function 050: Estimated authorization level ...... 68,479 0 0 0 0 0 Estimated outlays ...... 65,036 3,443 0 0 0 0 Function 400: Estimated authorization level ...... 66 0 0 0 0 0 Estimated outlays ...... 59 7 0 0 0 0 Compensation and Benefits (DoD): Military Pay Raise: Estimated authorization level ...... 1,378 1,824 1,798 1,780 1,779 1,776 Estimated outlays ...... 1,309 1,802 1,799 1,781 1,779 1,776 Expiring Authorities—Active Duty: Estimated authorization level ...... 0 148 51 35 33 16 Estimated outlays ...... 0 141 56 36 33 17 Expiring Authorities—Aviation and Nuclear Officers: Estimated authorization level ...... 0 49 24 24 17 15 Estimated outlays ...... 0 47 25 24 17 15 Expiring Authorities—Reserves: Estimated authorization level ...... 0 33 27 18 13 9 Estimated outlays ...... 0 31 27 18 13 9 Expiring Authorities—Nurses: Estimated authorization level ...... 0 12 0 0 0 0 Estimated outlays ...... 0 11 1 0 0 0 Duty at Sea: Estimated authorization level ...... 40 40 41 41 41 41 Estimated outlays ...... 38 40 41 41 41 41 Grade Relief; Estimated authorization level ...... 3 33 34 35 36 37 Estimated outlays ...... 3 31 34 35 36 37 Dental Special Pay: Estimated authorization level ...... 8 8 8 8 8 8 Estimated outlays ...... 8 8 8 8 8 8 Moving Costs: Estimated authorization level ...... 4 5 5 5 5 5 Estimated outlays ...... 4 5 5 5 5 5 Family Separation Allowances: Estimated authorization level ...... 2 2 2 2 2 2 Estimated outlays ...... 2 2 2 2 2 2 Adoption Expenses: Estimated authorization level ...... 1 1 1 1 1 1 Estimated outlays ...... 1 1 1 1 1 1 Cap on Military Personnel Appropriations: Estimated authorization level ...... ¥36 0 0 0 0 0 Estimated outlays ...... ¥35 ¥2 0 0 0 0 Health Care Provisions: Retiree Dental Insurance: Estimated authorization ...... (1) 283 296 309 322 337 Estimated outlays ...... (1) 212 293 306 319 333 Composite Health Care System (CHCS): Estimated authorization level ...... (1) (2) (2) (2) (2) (2) Estimated outlays ...... (1) (2) (2) (2) (2) (2) Civilian Retirement Annuities: Estimated authorization level ...... (1) 10 60 60 60 60 Estimated outlays ...... (1) 10 60 60 60 60 Public Health Service: Estimated authorization level ...... 4 4 4 4 4 4 Estimated outlays ...... 4 4 4 4 4 4 Total Authorizations of Appropriations: Estimated authorization level ...... 268,069 2,452 2,351 2,322 2,321 2,311 Estimated outlays from authorizations for 1997 ...... 173,007 55,280 21,615 9,373 3,938 2,084 Estimated outlays from authorizations for 1998–2001 ...... 0 2,273 2,356 2,321 2,318 2,308 1 The 1997 impacts of these provisions are included in the amounts specifically authorized to be appropriated in the bill. 2 CBO is unable to estimate the costs of this provision.

Panama Canal Commission. Title XXXV you-go procedures for legislation affecting intergovernmental mandates as defined in would authorize the Panama Canal Commis- direct spending or receipts through 1998. Be- Public Law 104–4 and would impose no sig- sion to spend any sums available to it from cause this bill would affect direct spending, nificant costs on State, local, or tribal gov- operating revenues or Treasury borrowing pay-as-you-go procedures would apply. These ernments. A number of the bill’s provisions— for operation, maintenance, and improve- effects are summarized in the following such as those pertaining to cultural resource ment of the canal in fiscal year 1997. This table. management, land transfers, and teacher and spending is considered discretionary, because [By fiscal years, in millions of dollars] firefighter placement programs—would af- the appropriation bill customarily estab- fect State, or local governments; however, lishes an obligation ceiling for this account. 1996 1997 1998 none would create new enforceable duties or CBO estimates that Panama Canal Commis- result in significant budgetary impacts on Change in outlays ...... 0 ¥1 13 sion collections and outlays will be about Change in receipts ...... (1) (1) (1) these entitles. $624 million in 1997. 1 Not applicable. 9. Estimated impact on the private sector: 7. Pay-as-you-go considerations: Section This bill would impose no new Federal pri- 252 of the Balanced Budget and Emergency 8. Estimated impact on State, local, and vate sector mandates, as defined in Public Deficit Control Act of 1985 sets up pay-as- tribal governments: The bill contains no Law 104–4. S6508 CONGRESSIONAL RECORD — SENATE June 19, 1996 10. Previous CBO estimate: None. soldiers were awarded the second-high- Betty Meiers and Sebastian ‘‘Dash’’ 11. Estimate prepared by: Federal Cost Es- est honor—the Distinguished Service Daschle were married on a mild winter timate: Kent Christensen, Victoria Fraider, Cross. I was surprised, however, to day in Roscoe SD. Two days later, they Raymond Hall, and Amy Plapp prepared the learn that the study found no evidence were hit by the worst blizzard of the estimates affecting the Department of De- fense; they can be reached at 226–2840. Kathy that any African-American soldier in year. Together, the Daschles weathered Gramp (226–2860) prepared the estimate for World War II was ever nominated for the storm and have continued to stand the Naval Petroleum Reserve. Deborah Reis the Medal of Honor, though command- beside one another through 50 years of (226–2860) prepared the estimate for the Pan- ers, comrades and archival records in- surprises and joys. ama Canal Commission. Wayne Boyington dicate that at least four of the seven The Daschles devotion to one another (226–2820) prepared the estimates for the nominees had been recommended. This began early, with Betty waiting for her costs of changes to civilian retirement pro- same report found evidence that the sweetheart to return home from World grams. segregation of units by race often com- War II so they could be married. Since State and local government impact: Leo Lex and Karen McVey (226–2885). plicated training, exacerbated rela- fabric was scarce at the time, Betty’s Private sector impact: Neil Singer (226– tions between officers and enlisted men wedding dress and the flower girl’s 2900). and their units, and undermined the dress were made out of a parachute 12. Estimate approved by Paul N. Van de morale of these units in both subtle brought home from the war. While the Water, Assistant Director for Budget Analy- and obvious ways. fabric was unconventional, it was plen- sis. The Senate Armed Services Commit- tiful and provided enough material for Mr. NUNN. Mr. President, for those tee and the House Committee on Na- Betty’s dress to have a long, elegant who may be listening, I believe there tional Security approved a provision in train. Betty and Dash took their vows had originally been a vote at 9:15 that the Defense Authorization bill that on the day of Betty’s parents 25th anni- the leader had announced and now that would authorize the Secretary of the versary and, for 30 years, the two cou- the amendment, which was the SIMP- Army to award the Medal of Honor to ples jointly celebrated their happiness. SON amendment, has been disposed of African-American former service mem- Clearly, commitment and lasting love and agreed to with the second-degree bers who have been found by the Sec- run in the family. amendment that was accepted, so as retary of the Army to have distin- Following the wedding, the young far as I know—and the Senator from guished themselves by gallantry above couple moved to Aberdeen, SD, to Idaho may want to add to this—there and beyond the call of duty while serv- make their home. After an unsuccess- will be no vote on this amendment at ing in the U.S. Army during WWII. ful search for a place to live, they had 9:15 tomorrow morning. It is truly unfortunate that only one to install plumbing on the top floor of The PRESIDING OFFICER. The Sen- of the seven nominees—Vernon J. a house to create a makeshift apart- ator is correct; that vote was vitiated. Baker—is still living. On April 5, 1945, ment. Betty’s father and brother built Mr. KEMPTHORNE. Mr. President, then First Lieutenant Baker led a pla- the Daschles’ first house in 1948. In we are certainly in agreement that the toon over ‘‘Hill X’’ in Italy. Along the 1952, they built a bigger home on the vote which was ordered has been viti- way, he and his men destroyed six ma- same lot and have happily lived there ated, or has been dealt with. We have chine gun nests, two observer posts and ever since. not yet received final word from the four dugouts while the Germans rained Through the years, Dash worked as a majority leader as to whether or not he bullets down on them. Out of 25 men, 7 bookkeeper for Nelson Auto Electric, wishes to still have an early vote. We Americans survived while 26 Germans and eventually worked his way to be- will know that very shortly. were killed in the action. ‘‘Hill X’’ had come a part-owner of the business. The At this point I suggest the absence of to be taken in order to capture a castle Daschles are proud parents of four a quorum. that guarded the town of Montignoso boys—including my friend and col- The PRESIDING OFFICER. The along Highway 1. The route was key to league, the distinguished minority clerk will call the roll. the Allies push north and its capture leader Senator TOM DASCHLE. The The legislative clerk proceeded to helped to hastened the end of WWII. Daschles now delight each day in the call the roll. First Lieutenant Baker received the joy of their grandchildren. Mr. KEMPTHORNE. Mr. President, I Distinguished Service Cross—our Na- For the Daschles, a promise made ask unanimous consent that the order tion’s second highest award—for his ac- was a promise kept. Their dedication for the quorum call be rescinded. tions. And now at long last he will re- to their vows and commitment to The PRESIDING OFFICER. Without ceive the appropriate recognition—the strong family ties serve as a model for objection, it is so ordered. Medal of Honor the highest honor that families across America. f we can bestow. I congratulate the Daschles on this Mr. Baker, although raised in Wyo- achievement, and wish them continued MORNING BUSINESS ming, moved to St. Maries, ID, in 1987 happiness in their lives together. because he enjoys the State’s hunting f and great outdoor opportunities. I am AFRICAN-AMERICAN MEDAL OF SALUTE TO THE PERFORMING proud of and thankful for the many HONOR NOMINEES ARTS sacrifices that our men and women in Mr. KEMPTHORNE. Mr. President, I uniform have made in the past and con- Mr. GRASSLEY. Mr. President, when rise today to pay tribute to seven un- tinue to make around the world. We I think of Iowa, I envision lush, rolling sung heroes of World War II. Although are certainly proud that Mr. Baker now hills; wide, blue skies; and rich, black a half-century in the making, it is resides in the State of Idaho, and that soil. Located in the heartland of Amer- never too late to honor the bravery and he and the other nominees will now ica, Iowa’s bounteous fields and heroism of our men and women in uni- rightfully receive the Congressional streams feed the world. I’m sure most form. I view the nomination of seven Medal of Honor. people across the country and through- African-American World War II heroes f out the world associate my State with for the Medal of Honor with much ad- its exceptional agricultural products miration and pride. This is an honor HONORING THE DASCHLES CELE- and productive farmland. that should have been bestowed many BRATING THEIR 50TH WEDDING But today, I am going to share with decades ago. The award acknowledges a ANNIVERSARY America a different chapter of the Iowa job well done and is absolutely well de- Mr. REID. Mr. President, it is my story. Perhaps one that many already served. distinct pleasure to rise today to honor have read about or seen on the Big A 15-month study conducted by a Sebastian and Elizabeth Daschle, who Screen—and that is, Iowa’s contribu- team of military historians reviewed celebrated their 50th wedding anniver- tions to film making and the perform- the nation’s archives and interviewed sary on January 16, 1996. Their lives ing arts. A handful of our Iowa-born veterans to find out why no black serv- and strong commitment to one another friends have risen to celebrity status ice member received the Medal of serve as an example to the entire Na- on TV, on the silver screen, and on Honor during World War II. Nine black tion. stage. June 19, 1996 CONGRESSIONAL RECORD — SENATE S6509 To name a few—singer Andy Wil- June 15–23. Building on its charter to DR. BEATRICE BRAUDE AND JUS- liams was born in Wall Lake; the provide affordable and high quality TICE DELAYED BUT NOT ULTI- Everly Brothers, Don and Phil lived in education to those who share a love for MATELY DENIED Shenandoah; Cloris Leachman, who the arts, the Foundation offers per- Mr. MOYNIHAN. Mr. President, this played Phyllis on ‘‘The Mary Tyler forming arts workshops, and awards an past Monday, the Washington Post re- Moore Show,’’ hails from Des Moines, annual college scholarship to appli- ported that Justice Department attor- as did Harriett Nelson of the television cants interested in studying acting, neys have reached a settlement with series, ‘‘The Adventures of Ozzie and music, and dance. The first scholarship lawyers representing the estate of Dr. Harriett.’’ Marion Michael Morrison, was awarded in 1987 for $500. Within 8 Beatrice Braude concerning monetary better known as John Wayne, was born years, the award had grown to a $10,000 damages equitably due for the wrongful in Winterset. The famous musician/ national scholarship. During this dismissal of Dr. Braude from her Fed- composer, Glenn Miller came from week’s festival, performing arts in- eral job in 1953 and subsequent black- Clarinda. And who can ever forget the structors and professionals from New listing. The estate will receive $200,000 memorable sounds of the ‘‘Music Man,’’ York, California, and the Midwest will in damages. Family members have an- Meridith Wilson is from Mason City. conduct about 45 professional work- nounced that the funds—which Con- And, last but not least, Mr. President, shops. One of the highlights at the fes- gress must now appropriate—will be internationally-acclaimed opera sing- tival this year includes a tribute to the donated to Hunter College, the institu- er, Simon Estes, was born in 50th anniversary of ‘‘It’s A Wonderful tion from which Dr. Braude received Centerville, IA. Life,’’ featuring a reunion of cast and In addition to the talents of Iowa’s her bachelor’s degree. crew. This settlement stems from the enor- hometown celebrities, my State has Mr. President, I proudly salute mem- mously gratifying decision of U.S. opened its doors to reveal our scenic bers of the Denison community and Court of Federal Claims Judge Roger countryside to Hollywood film makers. their vision for promoting the arts. B. Andewelt on March 7, following a Box office hits filmed in Iowa include, Borne of hard work, countless volun- hearing last November, that the United ‘‘Field of Dreams,’’ ‘‘The Bridges of teer hours, and unparalleled commu- States Information Agency (USIA) had Madison County,’’ and ‘‘Twister.’’ The wrongfully dismissed Dr. Braude and movie ‘‘Bridges’’ was adapted from the nity spirit, The Donna Reed Founda- intentionally concealed the reason for novel written by my fellow Iowan, Rob- tion has achieved a center for cultural her termination. He concluded that ert Waller. If asked, Mr. President, I and performing arts in America’s such actions constituted an equitable would have to concur with a popular heartland. Mr. President, life in Iowa truly is a claim for which compensation is due. scene from the movie ‘‘Field of Dr. Braude’s suit was made possible Dreams,’’ filmed in eastern Iowa near wonderful life. And I’m sure the citi- zens of Denison would be the first to through legislation then-Senator Jav- Dyersville. That scene included the its and I originally introduced in 1979 lines—‘‘Is this Heaven? No, it’s Iowa.’’ agree. and which Senator D’AMATO and I con- Mr. President, the list of Iowa-born tinued to press. When finally enacted, celebrities includes a hometown girl f it lifted the statute of limitations, ena- who never forgot where she came from. bling the Court to hear Dr. Braude’s The oldest of five children, Donna Belle SALUTE TO KBBG–FM RADIO case and hand down its decision. I Mullenger, attended a one room school Mr. GRASSLEY. Mr. President, I rise know Senator D’AMATO shares my house and helped with the family today to salute an enterprise under- gratification with the settlement an- chores on a western Iowa farm near taken almost two decades ago by two nouncement. Denison. Growing up on a farm, Donna community-oriented entrepreneurs in With Judge Roger B. Andewelt’s deci- cherished the rare Saturday trips to northeast Iowa. Declaring that radio sion and this negotiated settlement, we town, when she would meet friends at for the Black community was an idea have finally seen a measure of justice the Candy Kitchen and catch a movie whose time had come, Jimmie Porter which brings back memories of an old at the Ritz Theater. founded KBBG–FM radio in 1977 with This girl-next-door later became a and awful time. Dr. Braude, a linguist his partner, Warren Nash, Jr., in Wa- household name and Hollywood star. fluent in several languages, was dis- terloo, IA. Incorporated as Afro-Amer- Donna Reed starred in more than 40 missed from her position at the USIA ican Community Broadcasting, Inc., films, including such classics as ‘‘It’s a in 1953 as a result of accusations of dis- KBBG’s charter pledged to fulfill the Wonderful Life,’’ ‘‘Portrait of Dorian loyalty to the United States. The accu- needs, interests and wishes of ethnic Gray,’’ and her Oscar-winning perform- sations were old; 2 years earlier, the ance in ‘‘From Here to Eternity.’’ And minority people in northeast Iowa. State Department’s Loyalty Security for 8 years, Donna Reed entertained KBBG has come a long way since its Board had investigated and unani- families in their living rooms across first equipment testing of 10 watts on mously voted to dismiss them. The America. ‘‘The Donna Reed Show’’ ran July 26, 1978. On its first full day of Board sent a letter to Dr. Braude stat- from 1958 to 1965. broadcasting that August, KBBG ing ‘‘there is no reasonable doubt as to As I stated earlier in one of my reached a 4 to 5 mile radius. Today, the your loyalty to the United States Gov- speeches describing the Iowa Spirit, radio station boasts a 60-mile radius, ernment or as to your security risk to the people of Iowa strive to excel in 10,000 watts, and 11 employees. the Department of State.’’ any and all endeavors, whether it be The largest African American owned Dr. Braude was terminated 1 day education, entertainment or enter- and operated noncommercial edu- after being praised for her work and in- prise. And the community of Denison, cational radio station in my State of formed that she probably would be pro- the county seat of Crawford County, is Iowa, KBBG Radio has provided almost moted. USIA officials told that her no exception. In memory of the Holly- $1.8 million of public service announce- that the termination was due to budg- wood actress who was known to say, ments for nonprofit organizations in etary constraints. Congress had funded ‘‘No matter what I do, I am still a farm the last 8 years. the USIA at a level 27 percent below girl from Denison,’’ the community Mr. President, I proudly commend the President’s request. The Supple- celebrated a 1-day festival in her honor KBBG Radio, its owners and its em- mental Appropriation Act of 1954 (Pub- after her death in 1986. At that time, ployees for providing a valuable service lic Law 83–207) authorized a reduction her Oscar was presented to the city of to the Waterloo and Cedar Falls metro in force commensurate to the budget Denison. One year later, Donna Reed’s area and to northeast Iowa. cut. Fair enough. As Dr. Braude re- hometown community, friends and A model of self-development and marked years later, ‘‘I never felt that I family members formed The Donna community outreach, KBBG continues had a lien on a government job.’’ But Reed Foundation for the Performing to build on its well-served motto, com- what Dr. Braude did not know is that Arts to recognize youth and promote municate to educate. Mr. President, I she was selected for termination be- education. thank and congratulate KBBG for 18 cause of the old—and answered— The Foundation celebrates its 10th years of service and extend my wishes charges against her. And because she annual Donna Reed Festival this week, for continued success in the future. did not know the real reason for her S6510 CONGRESSIONAL RECORD — SENATE June 19, 1996 dismissal, she was denied certain pro- With regard to the third charge, Dr. divisive debate raged in Congress and cedural rights (the right to request a Braude, in response to an interrogatory the press. hearing, for instance). from the State Department’s Loyalty We got through it. But the world re- The true reason for her dismissal was Security Board, argued that she be- mains a dangerous place, and it is just kept hidden from her. When she was longed to an anti-Communist faction of possible that we might learn something unable, over the next several years, to the State Department unit of the Fed- from the VENONA files. Had they been secure employment anywhere else eral Workers’ Union. published in 1950, we might have been within the Federal Government—even Remember that the Loyalty Security spared the soft-on-communism charge in a typing pool despite a perfect score Board investigated these charges and that distorted our politics for four dec- on the typing test—she became con- exonerated her. ades. We might have been spared the vinced that she had been blacklisted. The fourth charge, which Dr. Braude anti-anti-communist stance that was She spent the next 30 years fighting to certainly did not—or could not—deny, no less unhelpful. regain employment and restore her was her friendship with Judith Coplon. The fact is, there were spies in this reputation. Though she succeeded in Braude met Coplon in the summer of country and they did awful things— 1982 (at the age of 69) in securing a po- 1945 when both women attended a class Coplon among them. But there were in- sition in the CIA as a language instruc- Herbert Marcuse taught at American nocent people, too, like Dr. Braude, tor, she still had not been able to clear University. They saw each other infre- who were caught in a hall of mirrors. her name by the time of her death in quently thereafter. In May 1948, Coplon My involvement in Dr. Braude’s case 1988. The irony of the charges against wrote to Braude, then stationed in dates back to early 1979, when Dr. Dr. Braude is that she was an anti- Paris and living in a hotel on the Left Braude came to me and my colleague communist, having witnessed first- Bank, to announce that she would be at the time, Senator Javits, and asked hand communist-sponsored terrorism visiting shortly and needed a place to us to introduce private relief legisla- in Europe while she was an assistant stay. Dr. Braude arranged for Coplon to tion on her behalf. In 1974, after filing cultural affairs officer in Paris and, for stay at the hotel. Coplon stayed for 6 a Freedom of Information Act request a brief period, an exchange officer in weeks, during which time Dr. Braude and finally learning the true reason for Bonn during the late 1940’s and early found her behavior very trying. The her dismissal, she filed suit in the 1950’s. two parted on unfriendly terms. The Court of Claims to clear her name and Mr. President, I would like to review friendship they had prior to parting seek reinstatement and monetary dam- the charges against Dr. Braude because was purely social. ages for the time she was prevented they are illustrative of that dark era Mr. President, Judith Coplon was a from working for the Federal Govern- and instructive to us even today. There spy. She worked in the Justice Depart- ment. The Court, however, dismissed were a total of four. First, she was ment’s Foreign Agents Registration her case on the grounds that the stat- briefly a member of the Washington Division, an office integral to the FBI’s ute of limitations had expired. On Book Shop on Farragut Square that counterintelligence efforts. She was ar- March 5, 1979, Senator Javits and I to- the Attorney General later labeled sub- rested early in 1949 while handing over gether introduced a bill, S. 546, to versive. Second, she had been in con- notes on counterintelligence oper- waive the statute of limitations on Dr. tact with Mary Jane Keeney, a Com- ations to Soviet citizen Valentine munist Party activist employed at the Braude’s case against the U.S. Govern- Gubitchev, a United Nations employee. United Nations. Third, she had been a ment and to allow the Court of Claims Coplon was tried and convicted—there member of the State Department unit to render judgment on her claim. The of the Communist-dominated Federal was no doubt of her guilt—but the con- bill passed the Senate on January 30, Workers’ Union. Fourth, she was an ac- viction was overturned on a technical- 1980. Unfortunately, the House failed to quaintance of Judith Coplon. ity. Gubitchev was also convicted but take action on the bill before the 96th With regard to the first charge, Dr. was allowed to return to the U.S.S.R. Congress adjourned. Braude had indeed joined the Book because of his quasi-diplomatic status. In 1988, and again in 1990, 1991, and Shop shortly after her arrival in Wash- I bring all this up because, as I men- 1993, Senator D’AMATO and I re-intro- ington in 1943. She was eager to meet tioned earlier, it is instructive. The duced similar legislation on Dr. congenial new people and a friend rec- world is a dangerous place. On July 11, Braude’s behalf. Our attempts met ommended the Book Shop, which 1995—6 days before the 50th anniversary with repeated failure. Until at last, on hosted music recitals in the evenings. I of the first successful detonation of an September 21, 1993, we secured passage must express some sensitivity here: my atomic bomb—the National Security of Senate Resolution 102, which re- F.B.I. records report that I was ob- Agency released 49 of some 2,200 coded ferred S. 840, the bill we introduced for served several times at a ‘‘leftist musi- messages sent by the KGB and the relief of the estate of Dr. Braude, cal review’’ in suburban Hampstead decrypted between 1943 and 1980. The to the Court of Claims for consider- while I was attending the London decoded messages have been kept clas- ation as a congressional reference ac- School of Economics on a Fulbright sified until now. They are known as the tion. The measure compelled the Court Fellowship. VENONA intercepts. to determine the facts underlying Dr. Dr. Braude was aware of the under- The existence of a Soviet spy ring Braude’s claim and to report back to current of sympathy with the Russian and the active involvement of Amer- Congress on its findings. cause at the Book Shop, but her mem- ican communists—fellow countrymen The Court held a hearing on the case bership paralleled a time of close U.S.- was the KGB code word for them—has last November and Judge Andewelt is- Soviet collaboration. She drifted away long been established. Of late, details sued his verdict in March. Forty-three from the Book Shop in 1944 because of have been flooding in from Moscow. years after her dismissal from the her distaste for the internal politics of But this is the first American archive USIA and 8 years after her death, the other active members. Her membership to be opened. Court found in favor of the estate of at the Book Shop was only discovered At the onset of the Cold War, in Ed- Dr. Braude. when her name appeared on a list of de- ward Shils’ memorable phrase, the Senator D’AMATO and I wish to ex- linquent dues. It appears that her most American visage began to cloud over. press our profound admiration for sinister crime while a member of the Some saw conspiracy everywhere. Re- Judge Andewelt’s decision in which he book shop was her failure to return a call, that in 1951, Senator Joseph absolved Dr. Beatrice Braude of the book on time. McCarthy published America’s ‘‘Re- surreptitious charges of disloyalty Dr. Braude met Mary Jane Keeney on treat from Victory: The Story of with which she was never actually con- behalf of a third woman who actively George Catlett Marshall.’’ Some denied fronted. The Court declared that Dr. aided Nazi victims after the war and any such possibility and accused the Braude ‘‘cared about others deeply and was anxious to send clothing to an- accusers. Loyalty oaths and back- was loyal to her friends, family and other woman in occupied Germany. Dr. ground checks proliferated, and all in- country.’’ Braude knew nothing of Keeney’s polit- formation became Top Secret. A cul- We are equally grateful to Chris- ical orientation and characterized the ture of secrecy took hold within the topher N. Sipes and William Living- meeting as a transitory experience. American government, whilst a hugely ston, Jr. of Covington & Burling, two of June 19, 1996 CONGRESSIONAL RECORD — SENATE S6511 the many lawyers who have handled There being no objection, the mate- ment. They showed she had been fired as a Dr. Braude’s case on a pro bono basis rial was ordered to be printed in the security risk. She had been investigated by the State De- over the years. Mr. Sipes quite prop- RECORD, as follows: partment Loyalty Board in 1951 because of erly remarked that the decision rep- [From the Washington Post, June 17, 1996] casual past associations with two people con- resents an important page in the an- $200,000 REPAYMENT AGREEMENT FOR ESTATE sidered suspect. The board cleared her, find- nals of U.S. history: ‘‘The Court of the OF MCCARTHY-ERA VICTIM ing that there was ‘‘no reasonable doubt’’ as United States has said it recognizes The estate of Beatrice ‘‘Bibi’’ Braude, who to her loyalty. But the U.S.I.A., on the same that this conduct is out of bounds. It was fired from the U.S. Information Agency evidence, decided to fire her—and to conceal tells the government it must acknowl- and blacklisted 43 years ago during a spasm the reason. edge its wrongs and pay for them.’’ of anti-communist zealotry, should be paid Mr. Braude sued, but the courts held that $200,000, according to an agreement between she was too late. In 1982 she finally went Anthony Lewis wrote about Dr. the U.S. government and attorneys for her back to work for the Government—as a lan- Braude’s case on March 15 in his regu- estate. guage instructor at the C.I.A. She died in lar New York Times column, Abroad at Funding the settlement is up to Congress. 1988. Home. He properly warns us that the Braude fought for decades to clear her But her family, still angry at what had cause of the injustice to Beatrice name after her firing in 1953. By the time she happened, persuaded Senators Daniel Pat- Braude and other loyalty victims—se- was in her seventies, she seemingly had ex- rick Moynihan and Alfonse D’Amato to spon- hausted all court remedies. After her death cret proceedings—is not ancient his- sor a bill to compensate her for any wrong- nearly nine years ago, her friends and rel- doing. It was referred to the Court of Claims tory. The anti-terrorism bill had a pro- atives took up her cause and persuaded Sens. for a finding on whether she had a claim in vision to allow for the deportation of Daniel Patrick Moynihan (D–N.Y.) and law or equity. aliens on secret evidence. It was Alfonse M. D’Amato (R–N.Y.) to sponsor leg- Judge Andewelt said there was no basis for stripped, fortunately, during floor con- islation that mandated review of the case by saying that Ms. Braude ‘‘was a security risk sideration in the House. But the provi- the U.S. Court of Federal Claims. or was sympathetic to any political philoso- sion is likely to reappear in some fash- Attorneys for the Justice Department ar- phy not within the mainstream.’’ Indeed, he gued earlier this year that there was insuffi- ion. We must remain vigilant. said, the record showed her to be ‘‘a rather cient proof that loyalty concerns prevented typical American. She cared about others Now that the parties to the Braude Braude from being rehired for decades. The deeply and was loyal to her friends, family case have reached an agreement on the reason might have been, they argued, be- and country.’’ monetary damages equitably due to Dr. cause she was a woman and in her forties. The judge found that the U.S.I.A. had ‘‘in- Braude’s estate, Senator D’AMATO and Judge Roger B. Andewelt disagreed, saying tentionally concealed’’ the reason for her I will be offering legislation soon to re- Braude was a loyal American persecuted dismissal and had ‘‘blacklisted’’ her there- ‘‘during a dark era in American history.’’ after. That was wrongdoing, he said, and lease the $200,000 to her estate. When He ordered the Justice Department to ne- that time comes, I hope that we will gave Ms. Braude’s heirs an equitable claim. gotiate an amount to pay Braude’s estate. The lawyers will work out the amount due, have the unqualified and unanimous Christopher Sipes, of the law firm of Coving- and the court will send that to Congress for support of our colleagues. ton & Burling, who handled the case without action. Ann Kirchheimer, a friend—now 80— a fee, said lawyers considered what Braude So, 43 years she was fired, 8 years after she who carried on Dr. Braude’s fight, re- would have earned during the period of her died, Beatrice Braude got a kind of justice. I cently commented that Dr. Braude’s blacklisting. The case, Sipes said, represents asked her lawyer, Christopher N. Sipes of a rare acknowledgment of the wrongs com- life following her dismissal from the Washington, why the effort on her behalf had mitted by the government during the era as- been so persistent. USIA could have been taken from the sociated with Sen. Joseph R. McCarthy. ‘‘She was happy,’’ he said, ‘‘she served her opening lines of Franz Kafka’s book, Braude’s niece, Ericka, responding to the country—and in a flash it was gone. In time, The Trial: ‘‘Someone must have tra- agreement, said she was nearly speechless. bewilderment turned to anger and frustra- duced Joseph K., for without having ‘‘It’s unbelievable,’’ she said, ‘‘and it’s about tion. She had friends and family who cared done anything wrong, he was arrested time.’’ so much that they had the same burning de- one fine morning.’’ Indeed. sire to see justice done.’’ [From the New York Times, Mar. 15, 1996] It would be nice to think that the cause of What happened to Dr. Braude was a ABROAD AT HOME; SECRECY AND JUSTICE the injustice to Beatrice Braude and other personal tragedy. But it was also part (By Anthony Lewis) loyalty victims—secret proceedings—is an- of a national tragedy, too. This nation The case before him, the judge said, ‘‘harks cient history. But it is not. lost, prematurely and unnecessarily, back to a dark era in American history when The Clinton Administration has pressed for the exceptional services of a gifted and Senator Joseph R. McCarthy was a powerful a so-called antiterrorism bill allowing the dedicated public servant. Stanley I. political force in this nation, when promis- deportation of aliens on secret evidence. An Kutler, a professor of constitutional ing careers in the public and private sectors unusual combination of civil libertarians on history at the University of Wisconsin, were arbitrarily cut short based on innu- the right and left has just deleted that and endo, unsubstantiated allegations and irra- other dangerous sections from the legisla- estimates that Dr. Braude was one of tion. But the same proposals will be back on about 1,500 Federal employees who tional fears. . . .’’ That was the opening sentence of a re- the floor next week as part of an immigra- were dismissed as security risks be- markable opinion by Judge Roger B. tion bill. tween 1953 and 1956. Another 6,000 re- Andewelt of the United States Court of Fed- The National Rifle Association, in its criti- signed under the pressure of security eral Claims. It told a story of long ago, but cism of the antiterrorism bill, made the case and loyalty inquiries, according to Pro- one with a moral for today. as well as anyone. ‘‘The constitutional right fessor Kutler, who testified as an ex- Beatrice Braude came to Washington to to confront one’s accusers is a necessary work for the Government during World War safeguard against government abuses,’’ it pert witness on Dr. Braude’s behalf last said. ‘‘Our nation has survived for 200 years November. It was, as I said earlier, an II. She had college and graduate degrees, and she won lots of praise at work. In 1951 she without resorting to the use of secret evi- awful time. We had settled ‘‘as on a went to the new United States Information dence in criminal trials or deportation pro- darkling plain, Swept with confused Agency. On Dec. 30, 1953, she was told she ceedings. Congress must not set a dangerous alarm of struggle and flight, Where ig- was going to get a pay raise. The next day precedent by abandoning the right to norant armies clash by night.’’ It she was fired. confront evidence against you.’’ mustn’t happen again. Why? They told her that Congress had cut Re Estate of Beatrice Braude v. United I ask unanimous consent that an ar- the U.S.I.A. budget. But when she applied for other government jobs over the next several States; Congressional Reference No. 93– ticle appearing in the June 17, 1996, years, she got nowhere. She was even turned 645x. issue of the Washington Post, ‘‘$200,000 down for a position as a typist, although she COVINGTON & BURLING, Repayment Agreement for Estate of had a perfect score on the Civil Service typ- Washington, DC, June 19, 1996. McCarthy-Era Victim’’, Mr. Lewis’s ing exam. GRAY MAXWELL, March 15, 1996 column, ‘‘Secrecy and Ms. Braude went on to other work. She got Legislative Director, Justice,’’ from the New York Times, a Ph.D. and was a tenured teacher at the Hon. Daniel P. Moynihan, and a letter dated June 19, 1996 from University of Massachusetts. But she never Russell Senate Office Building, Washington, DC Mr. Sipes to my legislative director, again felt the exhilaration she had in govern- ment service, and her exclusion from it was DEAR MR. MAXWELL: It was a pleasure Gray Maxwell, be printed in the CON- a troubling mystery. speaking with you yesterday. As we dis- GRESSIONAL RECORD following my re- Then, when the Privacy Act became law in cussed, I am writing now to update you on marks. 1974, she got her records from the Govern- the status of Dr. Braude’s case. As you may S6512 CONGRESSIONAL RECORD — SENATE June 19, 1996 recall, on March 7, 1996, Judge Andewelt of The data is undeniable: individuals uniform, he has also been a great con- the Court of Federal Claims ruled that Dr. from strong families contribute to the tributor to the good of the entire State Braude had been blacklisted by the Federal society. In an era when nearly half of of Wyoming. He was born in Ansley, Government during the 1950s and 1960s on the all couples married today will see their Nebraska on June 14, 1896 but he went basis of spurious allegations of disloyalty and that her state therefore had an equitable union dissolve into divorce, I believe it on to become a true Wyomingite. After claim for compensation from the United is both instructive and important to release from the Army in 1918, Earl States for the wrongs she suffered. honor those who have taken the com- moved to Thermopolis, WY, and In its opinion, the court left open the mitment of ‘‘till death us do part’’ seri- worked as a pharmacist in the local amount of compensation due. Following ne- ously, demonstrating successfully the drug store where he first met my wife’s gotiations with the Justice Department, the timeless principles of love, honor, and father, Ivan Schroll. His other profes- parties stipulated to $200,000 as the appro- fidelity. These characteristics make sions over the years included managing priate amount of compensation. On June 3, 1996, Judge Andewelt issued his final report, our country strong. a finance and insurance office in ‘‘recommend[ing] to Congress that plaintiff’s For these important reasons, I rise Greybull, Wyoming, owning the Varney equitably entitled to $200,000 from the United today to honor Mr. Gene and Mrs. Motors Ford dealership in Worland, States .’’ For your convenience, I have at- Vieta Ragsdale of Marshfield, MO, who WY, and operating the Worland Oil tached copies of the March 7 and June 3 rul- on July 13, 1996, will celebrate their Corporations-Mobil Bulkplant and ings. 50th wedding anniversary. My wife, Service Stations. He also worked in The next, and final, step in the Congres- Janet, and I look forward to the day we real estate. Earl didn’t really embark sional Reference regarding Dr. Braude’s case can celebrate a similar milestone. Gene is submission of the final report issued by on any kind of a retirement program Judge Andewelt to a review panel composed and Vieta’s commitment to the prin- until he reached his mid 80’s!! of three judges of the Court of Federal ciples and values of their marriage de- We are so very fortunate to have Earl Claims. See 28 U.S.C. § 2509(d). This review serves to be saluted and recognized. I living among us in Wyoming. Earl is should complete the Congressional Reference wish them and their family all the best one of those special people that make and result in transmission of a final report as they celebrate this substantial up the core and fiber of the State—one on Dr. Braude’s case back to the Senate. See marker on their journey together. of nature’s nobleman. I cherish the 28 U.S.C. § 2509(e). f years I have been the beneficiary of his It is unclear how long the review panel will counsel and friendship. My life is richer take with Dr. Braude’s case. However, both EARL VARNEY the Justice Department and plaintiff have because of him. Those of us who know submitted a notice of acceptance of the hear- Mr. SIMPSON. Mr. President, I rise him so well think of him always as a ing officer’s report, and therefore neither to pay tribute to a most wonderful man rock solid citizen and a man who is au- party is seeking review or otherwise raising and a dear friend of mine, Earl Varney. thentic, honest and sincere—a man any objections or issues for the review panel Earl Varney, a World War I Army vet- whose word is his bond. I know the to address. It is our hope that, in the light of eran, will be honored by the commu- proud community of Worland, WY, will both parties’ acceptance of Judge Andewelt’s nity of Worland, WY, on Military Day, be making June 29 a very special day report, that report will be adopted by the re- June 29, 1996. Earl will have celebrated for this good and dear man—Earl view panel expeditiously and without modi- his 100th birthday by that day! He is fication. It is thus our hope that the Senate Varney. He so richly deserves it. God will shortly be receiving a final report on Dr. the oldest living veteran of that con- bless him. Braude’s case indicating that she is equi- flict now residing in Washakie County f tably due $200,000 as a result of her wrongful and quite possibly in the State of Wyo- blacklisting from government employment. ming. REPUBLICANS STAND FOR It is our understanding that payment of Earl is absolutely an extraordinarily CHILDREN Dr. Braude’s claim requires an appropriation dazzling man. He is Wyoming’s answer Mr. PRESSLER. Mr. President, from Congress. (In the alternative, it may be to George burns! He has all of the en- today I would like to address a subject possible, if funds are already available, for ergy, graciousness, wit and good humor her claim to be paid pursuant to a directive that has received much attention dur- of Congress). For this reason, we urge you to and civility of George BURNS himself— ing the last several weeks—the future discuss her case, and Judge Andewelt’s favor- and especially the wit! His good humor of our children. ite report, with members of the Appropria- reminds me of the old adage that my As a father myself, I share the con- tions Committee, and, more specifically, Mother, who Earl knew well, used to cerns of the many who recently with the Subcommittee on Commerce, Jus- share with me—‘‘Humor is the univer- marched on The Mall this month at the tice and State. We understand that the Sub- sal solvent against the abrasive ele- Stand for Children rally. Certainly, committee has not yet scheduled a mark-up ments of life.’’ parents, families, teachers, and com- of its FY 1997 Appropriations Bill. We would My dear father, Milward Simpson, munity leaders all agree that children be happy to accompany you to any meeting with the Staff and urge you to request that also loved Earl Varney. They used to should be protected and nurtured. This the Subcommittee bill include funding for have a helluva lot of fun together. is a universal sentiment. We all stand Dr. Braude’s claim. They were contemporaries in every for children. Every child deserves a Thank you again for your interest and as- sense. They were veterans of World safe and loving environment, adequate sistance in this matter. Please feel free to War I, great friends and business asso- nutrition and a full education. call me or Joan Kutcher if we can be of any ciates. They also worked together in Child poverty and its related prob- further assistance in this matter. the American Legion. They had a lems, such as hunger, certainly deserve Sincerely yours, shared and splendid lifetime of friend- our attention. Child poverty is an espe- CHRISTOPHER SIPES. ship and memories and love and affec- cially pressing problem in South Da- f tion. When my Dad died at the age of kota, where unemployment in some THE VERY BAD DEBT BOXSCORE 95, Earl was one of the first to respond areas reaches as high as 85 percent. Ac- Mr. HELMS. Mr. President, at the to offer his condolences. cording to the Annie E. Casey Founda- close of business yesterday, Tuesday, In addition to personally knowing tion, 17 percent of all South Dakota June 18, 1996, the Federal debt stood at my parents and grandparents, Earl children live in poverty, compared to 21 $5,118,200,749,524.53. knew the parents and grandparents of percent nationwide. Federal programs On a per capita basis, every man, my dear wife, Ann. He was at her par- are designed to address these issues woman, and child in America owes ents’ wedding. He is such a thoughtful and many states like South Dakota are $19,306.24 as his or her share of that and kind man, too, as he always re- doing an admirable job. Child poverty debt. members others and the memorable has dropped 3 percent in my State f dates and times in their lives. since 1985. Earl served this Nation proudly in Looking out for the best interests of HONORING THE RAGSDALES FOR the final months of World War I before children is not a partisan issue. The CELEBRATING THEIR 50TH WED- the Armistice. His dates of service were budgets passed in Congress dem- DING ANNIVERSARY September 18, 1918 to November 26, onstrate that we are protecting chil- Mr. ASHCROFT. Mr. President, fami- 1918. He achieved the rank of Corporal. dren. Child nutrition programs re- lies are the cornerstone of America. Not only did Earl give to the Nation in ceived an increase in this fiscal year— June 19, 1996 CONGRESSIONAL RECORD — SENATE S6513 the National School Lunch program MESSAGES FROM THE HOUSE mitting, pursuant to law, the rule entitled was increased by $173 million, the ‘‘Honey Research, Promotion, and Consumer At 2:45 p.m., a message from the Information Order—Amendment of the Rules School Breakfast program by $107 mil- House of Representatives, delivered by lion, the Women, Infants and Children and Regulations to Add HTS Code for Fla- Mr. Hays, one of its reading clerks, an- vored Honey,’’ (FV–96–701) received on June program by $260 million. Head Start nounced that the House has passed the 11, 1996; to the Committee on Agriculture, also was increased by $36 million. following bills, in which it requests the Nutrition, and Forestry. These increases mean that hundreds of concurrence of the Senate: EC–3047. A communication from the Con- additional children in South Dakota gressional Review Coordinator of the Animal will receive the sustenance they need. H.R. 2803. An act to amend the anti-car theft provisions of title 49, United States and Plant Health Inspection Service, Depart- The increases in school-based nutrition Code, to increase the utility of motor vehicle ment of Agriculture, transmitting, pursuant programs are especially beneficial. title information to State and Federal law to law, the rule entitled ‘‘Mediterranean They allow children to concentrate on enforcement officials, and for other pur- fruit Fly; Removal of Quarantined Areas,’’ what is really important—learning. poses. received on June 14, 1996; to the Committee on Agriculture, Nutrition, and Forestry. Clearly, Congress is making good on its H.R. 3525. An act to amend title 18, United commitment to the youngest and most States Code, to clarify the Federal jurisdic- EC–3048. A communication from the Acting vulnerable in our society. tion over offenses relating to damage to reli- Administrator of the Agricultural Marketing Service, Department of Agriculture, trans- The single greatest issue affecting gious property. H.R. 3572. An act to designate the bridge on mitting, pursuant to law, the rule entitled our children’s future though, is the United States Route 231 which crosses the ‘‘Tobacco Inspection; Grower’s Referendum Federal budget. Our $5 trillion debt Ohio River between Maceo, Kentucky, and Results,’’ (TB-95-15) received on June 13, 1996; threatens the quality of life of future Rockport, Indiana, as the ‘‘William H. to the Committee on Agriculture, Nutrition, generations on many fronts. Sky- Natcher Bridge.’’ and Forestry. rocketing interest payments on our na- EC–3049. A communication from the Acting tional debt will continue to squeeze out At 6:02 p.m., a message from the Administrator of the Agricultural Marketing funding for other legitimate Federal House of Representatives, delivered by Service, Department of Agriculture, trans- programs, such as child care or foster Ms. Goetz, one of its reading clerks, an- mitting, pursuant to law, the rule entitled ‘‘Tobacco Inspection; Grower’s Referendum care. We must take immediate action nounced that the House has passed the Results,’’ (TB-95-13) received on June 13, 1996; to control deficit spending to preserve following bill, without amendment: to the Committee on Agriculture, Nutrition, our school lunch or Title I programs S. 1579. An Act to streamline and improve and Forestry. for future generations. the effectiveness of chapter 75 of title 31, EC–3050. A communication from the Ad- Budget deficits darken our children’s United States Code (commonly referred to as ministrator of the Agricultural Marketing economic future as well. We need a bal- the ‘‘Single Audit Act’’). Service, Department of Agriculture, trans- mitting, pursuant to law, the rule entitled anced budget to lower interest rates, MEASURES REFERRED spur economic development and create ‘‘Hazelnuts Grown in Oregon and Washing- jobs. Lower interest rates will make a The following bill was read the first ton; Assessment Rate,’’ (FV96-982-1) received and second times by unanimous con- on June 13, 1996; to the Committee on Agri- college education and a first home culture, Nutrition, and Forestry. more affordable. sent and referred as indicated: EC–3051. A communication from the Ad- H.R. 3572. An act to designate the bridge on I was very disappointed that liberals ministrator of the Agricultural Marketing United States Route 231 which crosses the in the Senate once again rejected the Service, Department of Agriculture, trans- Ohio River between Maceo, Kentucky, and Balanced Budget Amendment. This is a mitting, pursuant to law, the rule entitled Rockport, Indiana, as the ‘‘William H. ‘‘Increased Assessment Rate for Domesti- moral issue. A balanced budget rep- Natcher Bridge’’; to the Committee on Envi- cally Produced Peanuts Handled by Persons resents real hope and opportunity for ronment and Public Works. all Americans. I continuously have not Subject to Peanut Marketing Agreement f supported a balanced budget, as well as No. 146 and for Marketing Agreement No. 146 Regulating the Quality of Domestically Pro- a Balanced Budget Amendment to the MEASURES PLACED ON THE duced Peanuts,’’ (FV96-998-1) received on Constitution. Our $5 trillion debt bur- CALENDAR June 13, 1996; to the Committee on Agri- den is an albatross that our children The following measures were read the culture, Nutrition, and Forestry. will be forced to carry. Having just EC–3052. A communication from the Ad- celebrated Father’s Day, I would like first and second times by unanimous consent and placed on the calendar: ministrator of the Agricultural Marketing to give my daughter, and all other chil- Service, Department of Agriculture, trans- dren, the gift of freedom from our na- H.R. 3060. An act to implement the Proto- mitting, pursuant to law, the rule entitled tional debt. col on Environmental Protection to the Ant- ‘‘Apricots Grown in Designated Counties in arctic Treaty. Washington; Temporary Suspension of Mini- Balancing the budget, preserving pro- H.R. 3562. An act to authorize the State of grams like school lunch and Head mum Grade Requirements,’’ (FV-96-922-1) re- Wisconsin to implement the demonstration ceived on June 13, 1996; to the Committee on Start, providing real hope and oppor- project known as ‘‘Wisconsin Works.’’ Agriculture, Nutrition, and Forestry. tunity for future generations—that’s f EC–3053. A communication from the Chief how we can stand for children. All are of the Forest Service, Department of Agri- not mutually exclusive goals. I look EXECUTIVE AND OTHER culture, transmitting, pursuant to law, the forward to working with my colleagues COMMUNICATIONS report of program performance for fiscal in the months ahead to ensure that we year 1995; to the Committee on Agriculture, The following communications were in Congress demonstrate a strong, bi- Nutrition, and Forestry. laid before the Senate, together with partisan commitment to children. EC–3054. A communication from the Ad- accompanying papers, reports, and doc- ministrator of the Agricultural Marketing uments, which were referred as indi- f Service, Department of Agriculture, trans- cated: mitting, pursuant to law, the rule entitled EC–3045. A communication from the Acting ‘‘Apricots Grown in Washington; Temporary MESSAGES FROM THE PRESIDENT Administrator of the Agricultural Marketing Suspension of Minimum Grade Require- Service, Department of Agriculture, trans- ments,’’ (FV-96-922-1) received on June 18, Messages from the President of the mitting, pursuant to law, the rule entitled 1996; to the Committee on Agriculture, Nu- United States were communicated to ‘‘Spearmint Oil Produced in the Far West; trition, and Forestry. the Senate by Mr. Thomas, one of his Revision of the Salable Quantity and Allot- EC–3055. A communication from the Ad- secretaries. ment Percentage for Class I (Scotch) Spear- ministrator of the Agricultural Marketing EXECUTIVE MESSAGES REFERRED mint Oil for the 1995–96 Marketing Year,’’ re- Service, Department of Agriculture, trans- ceived on June 11, 1996; to the Committee on mitting, pursuant to law, the rule entitled As in executive session the Presiding Agriculture, Nutrition, and Forestry. ‘‘Irish Potatoes Grown in Colorado; Assess- Officer laid before the Senate messages EC–3046. A communication from the Acting ment Rate,’’ (FV–96–948–1) received on June from the President of the United Administrator of the Agricultural Marketing 18, 1996; to the Committee on Agriculture, States submitting a treaty. Service, Department of Agriculture, trans- Nutrition, and Forestry. S6514 CONGRESSIONAL RECORD — SENATE June 19, 1996 EC–3056. A communication from the Ad- EC–3068. A communication from the Sec- while between jobs, and more are under- ministrator of the Agricultural Marketing retary of Housing and Urban Development, insured because of the effects of rising health Service, Department of Agriculture, trans- transmitting, a draft of proposed legislation care costs and spending. The costs of health mitting, pursuant to law, the rule entitled entitled ‘‘The Community Development care are escalating, forcing employers to ‘‘Fresh Cut Flowers and Fresh Cut Greens Block Grant Performance Fund and HOME trim the level and availability of health care Promotion and Consumer Information Performance Fund Act of 1996’’; to the Com- benefits to their employees; and Order—Postponement of Assessments,’’ (FV– mittee on Banking, Housing, and Urban Af- ‘‘Whereas, overutilization of health care 96–702) received on June 18, 1996; to the Com- fairs. services for relatively small claims is one of mittee on Agriculture, Nutrition, and For- EC–3069. A communication from the Sec- the most significant causes of health care estry. retary of Housing and Urban Development, cost and spending increases. Currently, more EC–3057. A communication from the Ad- transmitting, a draft of proposed legislation than two-thirds of all insurance claims for ministrator of the Agricultural Marketing entitled ‘‘The Homeless Assistance Perform- medical spending are less than $3,000.00 per Service, Department of Agriculture, trans- ance Fund Act of 1996’’; to the Committee on family per year in this country; and mitting, pursuant to law, the rule entitled Banking, Housing, and Urban Affairs. ‘‘Whereas, in response to the runaway cost ‘‘Cranberries Grown in States of Massachu- EC–3070. A communication from the Sec- increases on health care spending in this setts, Rhode Island, Connecticut, New Jer- retary of Housing and Urban Development, country, the private sector has developed the sey, Wisconsin, Michigan, Minnesota, Or- transmitting, pursuant to law, the report en- concept of medical savings accounts. This egon, Washington, and Long Island in the titled ‘‘Expanding Housing Choices for HUD- initiative is designed to ensure health insur- State of New York,’’ (FV–96–929–1) received Assisted Families’’; to the Committee on ance availability for Americans. It is predi- on June 18, 1996; to the Committee on Agri- Banking, Housing, and Urban Affairs. cated on providing incentives to eliminate culture, Nutrition, and Forestry. EC–3071. A communication from the Sec- unnecessary medical treatment and encour- EC–3058. A communication from the Con- retary of Housing and Urban Development, age competition in seeking health care; and gressional Review Coordinator of the Animal transmitting, pursuant to law, the report en- ‘‘Whereas, through employer-funded medi- and Plant Health Inspection Service, Depart- titled ‘‘The Assessment of the Comprehen- cal savings account arrangements and re- ment of Agriculture, transmitting, pursuant sive Grant Program″; to the Committee on duced cost qualified higher deductible insur- to law, the rule entitled ‘‘Virueses, Serums Banking, Housing, and Urban Affairs. ance policies, millions of Americans could and Toxins and Analogous Products; Master EC–3072. A communication from the Acting insure themselves for both routine and major Labels,’’ received on June 17, 1996; to the Director of the Ballistic Missile Defense Or- medical services. Under the concept of medi- Committee on Agriculture, Nutrition, and ganization, Department of Defense, trans- cal savings accounts, an employer currently Forestry. mitting, pursuant to law, a notice relative to providing employee health care benefits EC–3059. A communication from the Presi- Presidential Determination 96-27; to the would purchase instead a low-cost, high de- dent of the United States, transmitting, pur- suant to law, a report on foreign economic Committee on Armed Services. ductible major medical policy on each em- EC–3073. A communication from the Comp- collection and industrial espionage; to the ployee. The employer may then set aside the Select Committee on Intelligence. troller General of the United States, trans- saving premium differential in a medical EC–3060. A communication from the Acting mitting, pursuant to law, a report relative to savings account arrangement. The partici- Assistant Secretary of State (Legislative Af- sixth special impoundment message for fis- pating employees would use the money in fairs), transmitting, pursuant to law, a re- cal year 1996; referred jointly, pursuant to the account to pay their medical care ex- port relative to the Department of Com- the order of January 30, 1975, as modified by penses up to the deductible. However, any merce Trade and Investment Programs; to the order of April 11, 1986, to the Committee account money unspent by the participating the Committee on Appropriations. on Appropriations, to the Committee on the employees in a plan year would then belong EC–3061. A communication from the Sec- Budget, to the Committee on Armed Serv- to the employees to save, spend on medical retary of the Navy, transmitting, pursuant ices. care, or use otherwise. This would be a to law, a report of determination and find- EC–3074. A communication from the Direc- strong incentive for people not to abuse ings relative to the authority to award a tor of the Office of Management and Budget, health expenditures and to institute ‘‘cost- contract; to the Committee on Armed Serv- Executive Office of the President, transmit- shopping’’ for medical care services; and ices. ting, pursuant to law, the cumulative report ‘‘Whereas, by setting aside money for em- EC–3062. A communication from the Sec- on rescissions and deferrals dated June 11, ployees to spend on health care, employees retary of the Navy, transmitting, pursuant 1996; referred jointly, pursuant to the order could change jobs and use the money they to law, a report of determination and find- of January 30, 1975, as modified by the order had so far earned to buy interim health in- ings relative to the authority to award a of April 11, 1986, to the Committee on Appro- surance or to cover health care expenses contract; to the Committee on Armed Serv- priations, to the Committee on the Budget, thereby eliminating the problems of ices. to the Committee on Agriculture, Nutrition, uninsureds between jobs and helping to re- EC–3063. A communication from the Gen- and Forestry, to the Committee on Armed duce ‘‘job-lock’’; and eral Counsel of the Department of Housing Services, to the Committee on Finance, to ‘‘Whereas, by making medical care deci- and Urban Development, transmitting, pur- the Committee on Foreign Relations, and to sions the employee’s prerogative, individual suant to law, the major rule entitled ‘‘The the Committee on Governmental Affairs. policyholders have a strong stake in reduc- Withdrawal of Employer-Employee and Com- EC–3075. A communication from the Chief ing costs. This simple financial mechanism puter Loan Origination Systems Exemp- of the Office of Legislative Liaison (Pro- will expand health insurance options to oth- tions,’’ received on June 13, 1996; to the Com- grams and Legislative Division), Department ers who presently have no insurance. Most mittee on Banking, Housing, and Urban Af- of the Air Force, transmitting, pursuant to importantly, this move to decrease health fairs. law, the report of a cost comparison study care cost burdens in this country would re- EC–3064. A communication from the Gen- relative to the Base Operating Support at all quire no new federal bureaucracy and would eral Counsel of the Department of Housing Air Force Bases; to the Committee on Armed be revenue neutral to employers; Now, there- and Urban Development, transmitting, pur- Services. fore, be it suant to law, the report of three rules in- EC–3076. A communication from the Chief ‘‘Resolved by the Senate, That the members cluding a rule entitled ‘‘Section 8 Tenant- of the Office of Legislative Liaison (Pro- of this body encourage the Congress of the Based Programs,’’ received on June 11, 1996; grams and Legislative Division), Department United States to enact legislation swiftly to the Committee on Banking, Housing, and of the Air Force, transmitting, pursuant to and in good faith to enable Americans to es- Urban Affairs. law, the report of a multi-function cost com- tablish medical savings accounts; be it fur- EC–3065. A communication from the Chair- parison study relative to training equipment ther man of the U.S. Securities and Exchange maintenance and the precision measurement ‘‘Resolved, That the Secretary of the Sen- Commission, transmitting, pursuant to law, laboratory at Kessler Air Force Base, MS; to ate is authorized and directed to transmit an the annual report for fiscal year 1995; to the the Committee on Armed Services. appropriate copy of this resolution to the Committee on Banking, Housing, and Urban f President of the United States, the President Affairs. of the United States Senate, the Speaker of EC–3066. A communication from the Sec- PETITIONS AND MEMORIALS the United States House of Representatives, retary of Housing and Urban Development, and all members of the Georgia congres- transmitting, drafts of proposed legislation The following petitions and memori- sional delegation.’’ entitled ‘‘The FHA Multifamily Housing Re- als were laid before the Senate and form Act of 1996’’ and ‘‘The Housing Enforce- were referred or ordered to lie on the POM–601. A joint resolution adopted by the ment Act of 1996’’; to the Committee on table as indicated: Legislature of the Commonwealth of Vir- Banking, Housing, and Urban Affairs. POM–600. A resolution adopted by the Sen- ginia; to the Committee on Finance. EC–3067. A communication from the Sec- ate of the Legislature of the State of Geor- retary of Housing and Urban Development, ‘‘HOUSE JOINT RESOLUTION NO. 227 gia; to the Committee on Finance. transmitting, a draft of proposed legislation ‘‘Whereas, tax-exempt industrial develop- entitled ‘‘The FHA Single Family Housing ‘‘SENATE RESOLUTION 288 ment bonds play a critical role in promoting Reform Act of 1996’’; to the Committee on ‘‘Whereas, it is estimated 37 million Amer- economic development in the Common- Banking, Housing, and Urban Affairs. icans are without health insurance, many wealth; and June 19, 1996 CONGRESSIONAL RECORD — SENATE S6515 ‘‘Whereas, these bonds are used by local in- of 1992’’ and the trade embargo currently im- Republic of China in Taiwan as an important dustrial development authorities and cor- posed by the government of the United commercial nation, and as a former ally, in porations to create jobs and bring invest- States against the Cuban government; and order to assist in achieving the full partici- ment to the Commonwealth; and ‘‘Whereas, While additional sanctions re- pation of the Republic of China in Taiwan in ‘‘Whereas, in 1995, these bonds, amounting cently imposed by President Clinton are hav- the international community in general, and to $134 million, played a role in creating 2,500 ing a dramatic impact on the ability of Cas- in the United Nations Organization in par- jobs; and tro to continue his forced rule over the ticular. ‘‘Whereas, the Virginia Small Business Fi- Cuban people, a full quarantine of Cuba will ‘‘SECTION 2.—A copy of this Resolution, nancing Authority, which facilitates the ad- further isolate the Castro government from translated into the English language, shall ministration of the industrial development the rest of the world, and thus hasten its be remitted to the President, to the Congress bond program for the Commonwealth, finds movement towards democratic elections; of the United States of America and to the that federal restrictions on the issuance of now, therefore be it Representative of the Republic of China in these bonds hinders business development; ‘‘Resolved by the General Assembly of the Taiwan. and State of New Jersey: ‘‘SECTION 3.—This Resolution shall take ef- ‘‘Whereas, particularly restrictive is the ‘‘1. The President of the United States is fect immediately after its approval.’’ $10 million cap and the limitation that bond memorialized to assist the people of Cuba by proceeds cannot be used to finance associ- implementing a full quarantine of Cuba until POM–604. A concurrent resolution adopted ated office and warehouse space that busi- such time that the authoritarian regime of by the Legislature of the State of Arizona; to nesses expanding in or relocating to Virginia Fidel Castro gives way to a democratically the Committee on Government Affairs. need; and elected government. ‘‘Whereas, Congressman Phil English has ‘‘2. Duly authenticated copies of this reso- ‘‘SENATE CONCURRENT MEMORIAL 1001 introduced H.R. 2617 to the 104th Congress to lution, signed by the Speaker of the General ‘‘Whereas, the federal government was es- increase the cap to $20 million and to remove Assembly and attested by the Clerk thereof, tablished by the states through the ratifica- many of the unnecessary restrictions on the shall be transmitted to the President and tion of the Constitution of the United use of industrial development bonds; and Vice President of the United States, the States; and ‘‘Whereas, the Joint Subcommittee Study- Speaker of the House of Representatives and ‘‘Whereas, the federal government was ing Capital Access and Business Financing, every member of Congress elected from this granted carefully limited powers under the created pursuant to House Joint Resolution State.’’ Constitution of the United States and the No. 591 (1995) and Senate Joint Resolution Tenth Amendment to the United States Con- No. 370 (1995), has expressed its support for POM–603. A resolution adopted by the Leg- stitution provides that ‘‘[t]he powers not del- H.R. 2617; now, therefore, be it islature of the Commonwealth of Puerto egated to the United States by the Constitu- ‘‘Resolved by the House of Delegates, the Sen- Rico; to the Committee on Foreign Rela- tion, nor prohibited by it to the States, are ate concurring, That the Congress of the tions. reserved to the States respectively, or to the United States be urged to pass legislation people’’; and providing states and localities with addi- ‘‘SENATE RESOLUTION 2035 ‘‘Whereas, the Commonwealth of Puerto ‘‘Whereas, the Constitution of the United tional flexibility relating to the issuance of States established a system in which the tax-exempt industrial development bonds to Rico enjoys a close relationship with the province of Taiwan, Republic of China, and states ceded only certain powers to the fed- promote economic development; and, be it eral government; and ‘‘Resolved further, That the Clerk of the ‘‘Whereas, Dr. Sun Yat-Sen founded the ‘‘Whereas, the framers recognized that sep- House of Delegates transmit copies of this Republic of China in Taiwan, which is at aration of powers is essential and ensured resolution to the President of the United present the fourteenth largest commercial that the rights of the people would be pro- States, the Speaker of the United States country, the twentieth in gross national tected by establishing checks and balances House of Representatives, the President of product and the twenty-fifth in gross per not only between the branches of the federal the United States Senate, the Virginia Liai- capita income, and government but also between the federal son Office, and to each member of the Vir- ‘‘Whereas, the population of the Republic government and state governments; and ginia Congressional Delegation in order that of China in Taiwan is greater than the popu- they may be apprised of the sense of the Gen- lation of two thirds of the members of the ‘‘Whereas, the legislative, executive and eral Assembly of Virginia.’’ United Nations Organizations, and judicial branches of the federal government ‘‘Whereas, the Republic of China in Taiwan have by many actions usurped powers re- POM–602. A joint resolution adopted by the has consistently shown its support to democ- served by the Constitution of the United General Assembly of the State of New Jer- racy and world peace, its concern for re- States to the states and to the people; and sey; to the Committee on Foreign Relations. gional and international development, and ‘‘Whereas, by the combined actions of the legislative, executive and judicial branches ‘‘ASSEMBLY RESOLUTION NO. 23 its interest in programs of assistance to its global fellow neighbors, and of the federal government, the relationship ‘‘Whereas, Since illegally coming to power between the federal government and state in 1959, the government of Fidel Castro has ‘‘Whereas, the establishment of an ad hoc committee for the study and analysis of the governments established by the Constitution constantly demonstrated a consistent dis- of the United States has been severely unbal- regard for internationally adopted standards special situation of the Republic of China in Taiwan in the international community, has anced; and of human rights and domestic values; and ‘‘Whereas, the federal judiciary, itself a ‘‘Whereas, The Cuban people have dem- been proposed to the United Nations Organi- branch of the federal government, has failed onstrated their desire for freedom and de- zation in order to find a fair and viable solu- to stop many of these federal excesses; and mocracy and their opposition to the Castro tion to its participation within the frame of ‘‘Whereas, the Supreme Court of the Unit- government by risking their lives by orga- the United Nations Organization, and ed States, in Garcia v. San Antonio Metropoli- nizing demonstrations in opposition to Cas- ‘‘Whereas, the people of the Republic of tan Transit Authority (469 U.S. 528 (1985)), tro’s totalitarian regime; and China in Taiwan deserve appropriate rec- ‘‘Whereas, Cubans regardless of their age, ognition and credit for their dynamic par- noted that the interests of states are best gender and medical conditions, are presently ticipation in the international community, protected by their representation in Con- undertaking the hazardous and perilous 90 and gress; and mile journey of freedom to the United ‘‘Whereas, the Republic of China in Taiwan ‘‘Whereas, to restore the balance of power States; and should be granted full membership in the between the federal government and state ‘‘Whereas, Fidel Castro is attempting to United Nations Organization and its affili- governments intended by the framers of the manipulate this exodus of innocent people to ated organizations in the same manner as Constitution of the United States, the fed- win concessions from an American nation other divided nations such as South Korea eral government must carefully consider, that has grown increasingly impatient and and the former East and West Germany, and be accountable for, the constitutional intolerant of his regime; and which have been granted full participation, boundaries of its jurisdiction to protect the ‘‘Whereas, The Castro regime has histori- and states and the people from the unwarranted cally placed citizens of the United States in ‘‘Whereas, considering that our Puerto assumption of power by the federal govern- danger by maintaining a government domi- Rican people lack the power to influence di- ment. nated by the military and proliferating its rectly the United States of America’s foreign ‘‘Wherefore your memorialist, the Senate offensive military capacity 90 miles from policy which applies to Puerto Rico, through of the State of Arizona, the House of Rep- this nation’s shores; and a vote for the president and representation resentatives concurring, prays: ‘‘Whereas, In response to Castro’s contin- entitled to vote, it is essential for this High ‘‘1. That the One Hundred Fourth Congress ued ruthless leadership, many Americans, re- Body to state its feelings on this matter; of the United States enact legislation requir- gardless of ethnic or national background, therefore, be it ing the Congress of the United States to feel strongly that the United States needs to ‘‘Resolved by the Senate of Puerto Rico: specify the section of the Constitution of the isolate Castro’s Cuba from the rest of the ‘‘SECTION 1.—The President and the Con- United States that grants Congress the au- democratic world; and gress of the United States of America are thority to enact the proposed section of law. ‘‘Whereas, The citizens of New Jersey fully hereby requested to give their utmost con- The Arizona Legislature supports the inclu- support the federal ‘‘Cuban Democracy Act sideration to render active support to the sion in such legislation: S6516 CONGRESSIONAL RECORD — SENATE June 19, 1996 ‘‘(a) That Congress be required to state ex- ‘‘Whereas, the members of this Legislature purpose than to return deferred compensa- plicitly the extent to which the proposed sec- desire to convey to the United States Con- tion assets and income to the plan’s partici- tion of law preempts any state, local or trib- gress the seriousness of this problem so that pants and their beneficiaries. The Congress al law, and if so, an explanation of the rea- the Congress may be completely cognizant of is urged to provide that all assets and earn- sons for such preemption. the effect the actions of the federal govern- ings of deferred compensation plans for state ‘‘(b) That if Article I, Section 8, Clause 3, ment have at the state legislative level and and local government employees be held in Constitution of the United States, is identi- may be more sensitive to the difficulties un- trust for the exclusive benefit of participants fied as the Constitutional provision granting funded federal mandates create; now, there- and their beneficiaries; and, be it authority to Congress for its proposed sec- fore, be it ‘‘Resolved further, That the Clerk of the tion of law, Congress report a list of factual ‘‘Resolved by the Senate of the Eighteenth House of Delegates transmit copies of this findings establishing a substantial nexus be- Legislature of the State of Hawaii, Regular resolution to the President of the United tween the regulatory effect of the proposed Session of 1996, That the United States Con- States, the Speaker of the United States section of law and interstate commerce. gress is respectfully requested not to enact House of Representatives, the President of ‘‘2. That the Secretary of State of the federal legislative mandates on states with- the United States Senate, the Virginia Liai- State of Arizona transmit certified copies of out necessary funding; and be it further son Office, and the members of the Virginia this Memorial to each Member of the Senate ‘‘Resolved, That certified copies of this Res- Congressional Delegation in order that they of the United States and the House of Rep- olution be transmitted to the President of may be apprised of the sense of the General resentatives of the United States and to the the United States Senate, the Speaker of the Assembly of Virginia on this issue.’’ Speaker of the House of Representatives and United States House of Representatives, and the President of the Senate of each state leg- the members of Hawaii’s congressional dele- POM–609. A concurrent resolution adopted islature in the United States.’’ gation.’’ by the Legislature of the State of Kansas; to the Committee on Veterans’ Affairs. POM–605. A concurrent resolution adopted POM–607. A joint resolution adopted by the ‘‘HOUSE CONCURRENT RESOLUTION NO. 5046 by the Legislature of the State of Hawaii; to Legislature of the State of New Hampshire; the Committee on Governmental Affairs. to the Committee on Governmental Affairs. ‘‘Whereas, More than 600,000 members of the United States Armed Forces, including ‘‘SENATE CONCURRENT RESOLUTION NO. 86 ‘‘HOUSE JOINT RESOLUTION NO. 26 activated units of the Ready Reserve and Na- ‘‘Whereas, the number of unfunded federal ‘‘Whereas, Maxfield Parrish was a citizen tional Guard, were deployed to the Persian mandates imposed upon the states by the of New Hampshire for 68 years; and Gulf region in Operation Desert Shield and United States Congress has alarmingly in- ‘‘Whereas, he was one of the foremost Operation Desert Storm to liberate Kuwait; creased in recent years; and American artist/illustrators of the early 20th and ‘‘Whereas, this continuing imposition century; and ‘‘Whereas, United States service personnel places Hawaii and her sister states in the ‘‘Whereas, Maxfield Parrish painted 2 post- were exposed not only to the hazards of war, precarious position of either attempting to ers for the state of New Hampshire; and but to an unknown variety of potential fund the federal requirements with diminish- ‘‘Whereas, through his art, Maxfield Par- health hazards, including exposure to smoke ing amounts of available revenue or jeopard- rish continued to expose millions to the from oil well fires, depleted uranium and in- izing eligibility for certain federal funds; and beauties of the New Hampshire landscape; fectious biological weapons; and ‘‘Whereas, the United States Congress now, therefore, be it ‘‘Whereas, More than 55,000 individuals should try to understand the difficult pos- ‘‘Resolved by the Senate and House of Rep- who served in Operation Desert Shield and ture in which the states have been cast and resentatives in General Court convened: Operation Desert Storm have reported wide- the urgent necessity of the states to receive ‘‘That the New Hampshire legislature re- ranging medical problems that began during monetary assistance for these mandates or quests that the United States Postal Service service, or shortly after their return from relief from the enforcement of these un- issue a postage stamp honoring Maxfield the Persian Gulf, a significant number of funded decrees; and Parrish; and which have not been accurately diagnosed or ‘‘Whereas, the members of this Legislature ‘‘That copies of this resolution be sent by treated; and desire to convey to the United States Con- the house clerk to the President of the Unit- ‘‘Whereas, There is evidence that family gress the seriousness of this problem so that ed States, the Speaker of the United States members of Gulf War veterans are experienc- the Congress may be completely cognizant of House of Representatives, the President of ing health problems similar in nature to the effect the actions of the federal govern- the United States Senate, the United States those of the veterans, including abnormal ment have at the state legislative level and Postmaster General and New Hampshire’s numbers of birth defects in children con- may be more sensitive to the difficulties un- Congressional delegation.’’ ceived by Gulf War veterans; and funded federal mandates create; now, there- ‘‘Whereas, In November 1994, Congress en- fore be it, POM–608. A joint resolution adopted by the acted the Persian Gulf War Veterans’ Act, ‘‘Resolved by the Senate of the Eighteenth Legislature of the Commonwealth of Vir- authorizing the Department of Veterans Af- Legislature of the State of Hawaii, Regular Ses- ginia; to the Committee on Governmental fairs to compensate any Persian Gulf War sion of 1996, the House of Representatives con- Affairs. veteran suffering from a chronic disability curring, That the United States Congress is ‘‘HOUSE JOINT RESOLUTION NO. 179 resulting from undiagnosed illnesses that oc- respectfully requested not to enact federal ‘‘Whereas, employees of the Common- curred either during active duty or within a legislative mandates on states without nec- wealth and its political subdivisions may certain period following service in the Per- essary funding; and be it further defer compensation to a date later in life sian Gulf War; and ‘‘Resolved, That certified copies of this when tax rates might be more advantageous; ‘‘Whereas, The Department of Defense has Concurrent Resolution be transmitted to the and been conducting research into the causes of President of the United States Senate, the ‘‘Whereas, this deferred income remains symptoms that have collectively come to be speaker of the United States House of Rep- the ‘‘property’’ of the employer as required called ‘‘Gulf War Syndrome’’ for over three resentatives, and the members of Hawaii’s by federal Internal Revenue Service regula- years and during that time, the Department congressional delegation.’’ tions and technically has not been distrib- has failed to make any substantive scientific uted to the employee; and progress in determining the causes, effects, POM–606. A joint resolution adopted by the ‘‘Whereas, because the deferred compensa- and transmissibility of, or treating this dis- Legislature of the State of New Hampshire; tion remains in the hands of the employer, abling and sometimes fatal syndrome: Now, to the Committee on Governmental Affairs. there is a possibility that the employer can therefore, ‘‘SENATE RESOLUTION NO. 63 access deferred compensation funds should ‘‘Be it resolved by the House of Representa- ‘‘Whereas, the number of unfunded federal the employer find itself in need of revenue tives of the State of Kansas, the Senate concur- mandates imposed upon the states by the for any purpose; and ring therein, That we memorialize the Presi- United States Congress has alarmingly in- ‘‘Whereas, language contained in federal dent and the United States Congress to take creased in recent years; and legislation would have required that all as- action to identify, locate and provide funds ‘‘Whereas, this continuing imposition sets and income in state and local govern- for research and treatment of Gulf War relat- places Hawaii and her sister states in the ment deferred compensation plans be held in ed illnesses among Persian Gulf War Veter- precarious position of either attempting to trust for the exclusive benefit of participants ans, and, to that end, to work jointly with fund the federal requirements with diminish- and their parties; and private research facilities; and be it further ing amounts of available revenue or jeopard- ‘‘Whereas, current law prevents states ‘‘Resolved, That we urge the President and izing eligibility for certain federal funds; and from enacting similar requirements without the Congress of the United States, and the ‘‘Whereas, the United States Congress compromising the tax advantages of deferred Department of Defense to review the neces- should try to understand the difficult pos- compensation plans; now, therefore, be it sity for secrecy of all classified information ture in which the states have been cast and ‘‘Resolved by the House of Delegates, the Sen- bearing on the detrimental health effects the urgent necessity of the states to receive ate concurring, That the Congress of the that the Gulf War Veterans and their fami- monetary assistance for these mandates or United States be urged to enact legislation lies are experiencing, and to make any pre- relief from the enforcement of these un- to provide that public employees’ deferred viously classified material available for pub- funded decrees; and compensation funds may be used for no other lication; and be it further June 19, 1996 CONGRESSIONAL RECORD — SENATE S6517 ‘‘Resolved, That we urge the President and to Federal employment, to reenact certain By Mr. FAIRCLOTH (for himself, Mr. the Congress of the United States to place a provisions relating to recommendations by KENNEDY, Mr. HATCH, Mr. BIDEN, Mr. moratorium on the donation of blood, blood Members of Congress, and for other purposes LOTT, Mr. DASCHLE, Mr. THURMOND, products and organs by veterans of the Gulf (Rept. No. 104–282). Mr. BYRD, Mr. WARNER, Mr. LEAHY, War until a determination regarding the S. 1577. A bill to authorize appropriations Mr. COCHRAN, Mr. HEFLIN, Mr. communicability of these illnesses has been for the National Historical Publications and D’AMATO, Mr. JOHNSTON, Mr. GRAMM, made; and be it further Records Commission for fiscal years 1998, Mr. BREAUX, Mr. FRIST, Ms. ‘‘Resolved, That the Secretary of State be 1999, 2000, and 2001 (Rept. No. 104–283). MOSELEY-BRAUN, Mr. LEVIN, Mr. directed to send enrolled copies of this reso- By Mr. STEVENS, from the Committee on SIMON, Mr. ROCKEFELLER, Mr. REID, lution to the President and Vice President of Governmental Affairs, with amendments: Mr. DODD, Mr. GLENN, Mr. KERREY, the United States, to the Speaker of the H.R. 2739. A bill to provide for a represen- Mr. KERRY, Mr. HARKIN, Mr. BRAD- United States House of Representatives, to tational allowance for Members of the House LEY, Ms. MIKULSKI, Mr. KOHL, Mrs. each member of the Kansas Congressional of Representatives, to make technical and MURRAY, Mrs. BOXER, Mr. WYDEN, Delegation, to the Administrator of Veterans conforming changes to sundry provisions of Mrs. HUTCHISON, Mr. COVERDELL, Mr. Affairs, to the Secretary of Defense and to law in consequence of administrative re- PRYOR, Mr. LAUTENBERG, and Mrs. the Secretary of Health and Human Services forms in the House of Representatives, and FEINSTEIN): (Center for Disease Control).’’ for other purposes. S. 1890. A bill to increase Federal protec- By Mr. MURKOWSKI, from the Committee tion against arson and other destruction of POM–610. A concurrent resolution adopted on Energy and Natural Resources, without places of religious worship; read twice, and by the Legislative of the State of Oklahoma; amendment: placed on the calendar. to the Committee on Veterans’ Affairs. S. 1888. An original bill to extend energy By Mrs. BOXER (for herself and Mr. conservation programs under the Energy ‘‘SENATE CONCURRENT RESOLUTION NO. 57 BINGAMAN): Policy and Conservation Act through Sep- S. 1891. A bill to establish sources of fund- ‘‘Whereas, Oklahoma’s atomic veterans tember 30, 1996. ing for certain transportation infrastructure showed steadfast dedication and undisputed f projects in the vicinity of the border between loyalty to their country and made intoler- the United States and Mexico that are nec- able sacrifices in service to their country; EXECUTIVE REPORTS OF essary to accomodate increased traffic re- and COMMITTEES sulting from the implementation of the ‘‘Whereas, these atomic veterans gave North American Free Trade Agreement, in- their all during the terribly hot atomic age The following executive reports of committees were submitted: cluding construction of new Federal border to keep our country strong and free; and crossing facilities, and for other purposes; to ‘‘Whereas, these atomic veterans were un- By Mr. MURKOWSKI, from the Committee the Committee on Environment and Public knowingly placed in the line of fire, after on Energy and Natural Resources: Works. being assured that they faced no harm, and Vicky A. Bailey, of Indiana, to be a Mem- By Mr. LAUTENBERG (for himself and ber of the Federal Energy Regulatory Com- were subjected to an ungodly bombardment Mr. WELLSTONE): of ionizing radiation; and mission for the term expiring June 30, 2001. S. 1892. A bill to reward States for collect- ‘‘Whereas, the radiation to which they (The above nomination was reported ing medicaid funds expended on tobacco-re- were exposed is now and will continue eating with the recommendation that she be lated illnesses, and for other purposes; to the away at their bodies every second of every confirmed, subject to the nominee’s Committee on Finance. day for the rest of their lives with no hope of commitment to respond to requests to By Mrs. FEINSTEIN: cessation or cure; and S. 1893. A bill to provide for the settlement ‘‘Whereas, because their wounds were not appear and testify before any duly con- of issues and claims related to the trust of the conventional type and were not caused stituted committee of the Senate.) lands of the Torres-Martinez Desert Cahuilla by the enemy but by the United States Gov- f Indians, and for other purposes; to the Com- ernment, the atomic veterans did not receive INTRODUCTION OF BILLS AND mittee on Indian Affairs. service-connected medical and disability f benefits and did not receive a medal such as JOINT RESOLUTIONS the Purple Heart; and The following bills and joint resolu- STATEMENTS ON INTRODUCED ‘‘Whereas, many atomic veterans have al- tions were introduced, read the first BILLS AND JOINT RESOLUTIONS ready died and others will die a horrible and painful death; now therefore, be it and second time by unanimous con- By Mr. INHOFE (for himself, Mr. ‘‘Resolved by the Senate of the 2nd session of sent, and referred as indicated: FAIRCLOTH, Mr. GRAMS, Mr. the 45th Oklahoma Legislature, the House of By Mr. INHOFE (for himself, Mr. ABRAHAM, Mr. HELMS, and Mr. Representatives concurring therein: FAIRCLOTH, Mr. GRAMS, Mr. ABRA- MCCONNELL): ‘‘That atomic veterans be recognized by HAM, Mr. HELMS, and Mr. MCCON- S. 1885. A bill to limit the liability of the federal government. NELL): certain nonprofit organizations that ‘‘That the United States Senators and Rep- S. 1885. A bill to limit the liability of cer- are providers of prosthetic devices, and tain nonprofit organizations that are provid- resentatives from Oklahoma propose or sup- for other purposes; to the Committee port legislation granting service-connected ers of prosthetic devices, and for other pur- medical and disability benefits to all atomic poses; to the Committee on the Judiciary. on the Judiciary. veterans who were exposed to ionizing radi- By Mr. FRIST: THE PROSTHETIC LIMB ACCESS ACT OF 1996 ation and propose or support legislation issu- S. 1886. A bill to amend the Internal Reve- Mr. INHOFE. Mr. President, a few ing a medal to atomic veterans to express nue Code of 1986 to clarify the treatment of years ago I became exposed to a prob- the gratitude of the people and government educational grants by private foundations, lem that exists in the lives of thou- of the United States for the dedication and and for other purposes; to the Committee on sands of Americans. It happened when Finance. sacrifices of these veterans. one of my closet friends in Oklahoma, ‘‘That copies of this resolution be distrib- By Mr. GRASSLEY (for himself, Mr. uted to the President of the United States, HATCH, and Mr. HEFLIN): Buddy Martin; lost both of his legs. the Vice President of the United States, the S. 1887. A bill to make improvements in He was one of the fortunate ones who Secretary of the United States Senate, the the operation and administration of the Fed- had the resources to purchase artificial Clerk of the United States House of Rep- eral courts, and for other purposes; to the limbs, and is able to live today a much resentatives, the Secretary of Defense, the Committee on the Judiciary. more normal life than one could imag- Secretary of Veterans Affairs, the Chairs of By Mr. MURKOWSKI: ine. the United States House and Senate Veter- S. 1888. An original bill to extend energy It is because of this exposure that I ans Affairs Committees, and each member of conservation programs under the Energy Policy and Conservation Act through Sep- rise today to introduce a bill to provide the Oklahoma Congressional Delegation. relief to thousands of Americans. Ev- ‘‘Adopted by the Senate the 21st day of tember 30, 1996; from the Committee on En- May, 1996.’’ ergy and Natural Resources; placed on the eryday far too many Americans are un- f calendar. able to live full and productive lives By Mr. MURKOWSKI (for himself and like Buddy Martin because they cannot REPORTS OF COMMITTEES Mr. STEVENS): afford adequate prosthetic care. There S. 1889. A bill to authorize the exchange of The following reports of committees are over 250,000 Americans who cannot certain lands conveyed to the Kenai Native afford adequate prosthetic care. While were submitted: Association pursuant to the Alaska Native By Mr. STEVENS, from the Committee on Claims Settlement Act, to make adjust- the government provides assistance Governmental Affairs, without amendment: ments to the National Wilderness System, through Medicare and other programs S. 253. A bill to repeal certain prohibitions and for other purposes; to the Committee on they can not meet all of the needs, and against political recommendations relating Energy and Natural Resources.. they don’t have to. The private sector S6518 CONGRESSIONAL RECORD — SENATE June 19, 1996 stands ready to help, through nonprofit I slip and fall so often when my crutches Essentially, under current law, a pri- foundations, but they cannot because slip away from me—and it hurts a lot when vate foundation will not suffer tax pen- of our country’s product liability laws. my wrist or neck or other body parts are alties if it meets certain tests when That is why I am introducing the Pros- throbbing with pain for weeks due to my falls—and although I try to be careful and providing scholarships or educational thetic Limb Access Act of 1996, I am watchful, the crutches still can slip away loans to employees, or children of em- joined by my colleagues Senators from me when encountering the mopped ployees, of a particular employer. FAIRCLOTH, GRAMS, ABRAHAM, and floors or wet spots that are in a nursing While there is a facts and cir- HELMS. home. cumstances test which can be met, un- In Oklahoma, a nonprofit foundation There is Dalia, she was fitted with certainty surrounding application of called Limbs for Life takes used artifi- her current prosthesis in 1983, but since this test to an employer-related grant cial limbs, reconditions them, and pro- then her body has changed and it no program results in much greater usage vides them to needy people in third longer fits properly. She says: of a safe-harbor percentage test which world countries, they do not give them When I changed prosthesis, my whole body has been developed by the Internal to Americans. It is not because there is changed, my balance is off especially Revenue Service. This safe-harbor per- not the need, they do not provide them effecting my back. I have fallen down, have centage test basically limits the because of our country’s laws regarding worsening osteoporosis and am very frus- amount of scholarships and loans that product liability. They would be unable trated because I can’t do the things I used to a foundation may provide to one out of do. to afford the necessary insurance to four applicable children of employees Mr. President, I know these are sad provide the limbs to needy Americans. of a particular company. This 25-per- stories, and I know we as Members run One doctor in Oklahoma, Dr. John cent test can cause hardship, especially across sad stories every day. But here Sabolich, the Nation’s foremost pros- in cases where a substantial percentage we can do something positive for them, thesis expert, currently saws used de- of the community at large works for a which will solve their problems, at no vices in half before throwing them single employer. cost to the taxpayers. We can provide away, because of liability. He showed My proposal eliminates this rigid 25- them the same medical services we are me a $50,000 prosthetic arm that was percent test. about to be destroyed; to make it reus- now giving poor people in third world I hope my colleagues will join me in able would only have required about 20 countries, and we can do this through supporting this essential education minutes of work. It is a disgrace that the nonprofit sector. We have needy bill. By providing these private founda- people and a willing organization ready perfectly good artificial limbs have to tions relief from the IRS’ rigid 25-per- to help. Mr. President, we should at be destroyed when there are thousands cent test, we will be granting valuable least treat our own citizens as well as of Americans who could use them. and badly needed educational support My bill would provide the necessary we treat those in other countries. to America’s hard-working families.∑ product liability relief, while still pro- Mr. President, my legislation is sup- tecting the patients by providing relief ported not only by the Limbs for Life By Mr. GRASSLEY (for himself, for intentional wrongdoing. This would Foundation, but also: Goodwill Indus- Mr. HATCH, and Mr. HEFLIN): allow hundreds of Americans to care tries, National Amputee Fund, Na- S. 1887. A bill to make improvements for themselves, work, and better enjoy tional Association for the Advance- in the operation and administration of a more full life. ment of Orthotics and Prosthetics, the Federal courts, and for other pur- There are over 3,000 new amputations American Academy of Physical Medi- poses; to the Committee on the Judici- each week, which amounts to 160,000 cine and Rehabilitation, and the Amer- ary. ican Congress of Rehabilitation Medi- amputations each year, for a grand THE FEDERAL COURTS IMPROVEMENTS ACT OF total of 3.8 million amputees in the cine. 1996 Mr. President, this is a simple bill United States. The number of new am- ∑ Mr. GRASSLEY. Mr. President, I am which would create major relief for a putees has increased over the years be- introducing for myself, Senator HATCH, number of needy people. It is not a cause of the early detection of cancer, and Senator HEFLIN, a bill entitled broad product liability bill, so there- doctors are able to detect cancer ear- ‘‘The Federal Courts Improvements fore it should not draw the opposition lier and it is better to sacrifice a limb Act of 1996.’’ A first version of the bill, that other bills have received this Con- to save a person. Therefore the demand S. 1101, was introduced in August 1995, gress. It corrects a small problem that for more limbs by needy people will at the request of the Judicial Con- literally means the world for a large only increase. I have been told that if ference. In October of last year, we this bill is enacted that at least 2,000 group of disabled Americans. I hope we can move this bill forward this year. held a comprehensive hearing on that limbs per year could be made available bill in the Judiciary Subcommittee on for needy Americans. These are 2,000 Administrative Oversight and the people who otherwise would not have By Mr. FRIST: S. 1886. A bill to amend the Internal Courts, which I chair, at which both access to an artificial arm or leg. These Revenue Code of 1986 to clarify the judges and lawyers testified at length are 2,000 people who are currently not treatment of educational grants by pri- on the substance of many of S. 1101’s living full and productive lives, who vate foundations, and for other pur- provisions. The present bill was crafted need assistance to care for themselves, poses; to the Committee on Finance. after many months of detailed discus- sometimes to just accomplish tasks sions and intense collaboration be- that we all take for granted such as EDUCATIONAL GRANTS LEGISLATION Mr. FRIST. Mr. President, I intro- tween myself, Senators HATCH and eating, moving around, or even work- ∑ duce a bill which is essential in build- HEFLIN, and the Administrative Office ing. I have met many of these people who ing a higher educated and more produc- of the U.S. Courts. More importantly, would benefit from this legislation and tive labor force as we move toward the we have worked closely with the other have listened to their heartbreaking next century. My bill would encourage members of the subcommittee to ad- stories. And for everyone I’ve heard of private foundations to increase the dress their concerns and include their there are hundreds more who go daily amounts they currently provide for suggestions, making this truly a bipar- without a prosthetic device, depending educational assistance to students in tisan bill. on others. their communities. At the onset, I would like to elabo- There is Nestor, a man who is miss- Currently, guidelines developed by rate on the spirit in which this bill was ing both arms. He states: the Internal Revenue Service can have crafted. I am sure my colleagues are My prosthesis is broken and I am unable to the effect of prohibiting certain foun- well aware, many of my efforts have fo- eat or do any activities of daily living such dations from being able to provide the cused on saving the Federal Govern- as personal care or cooking. I live alone and maximum amount of educational as- ment’s sparse resources and making have no friends to help, so I must do things sistance to local students. As the Fed- the most of taxpayer dollars. As chair- for myself. eral Government faces greater and man of the Judiciary Subcommittee There is Pearl, a 46-year-old woman greater fiscal constraints, we must with jurisdiction over the courts, I am with one leg missing, who lives in a look for ways to encourage the private also concerned that the Federal judi- nursing home. She said: sector to fill unmet educational needs. cial system be administered in the June 19, 1996 CONGRESSIONAL RECORD — SENATE S6519 most efficient and cost-effective man- Section 209 simplifies the appeal original intent. For example, section ner possible, while maintaining a high route in civil cases decided by mag- 208 enables the United States to obtain level of quality in the administration istrate judges with consent by confin- a Federal forum in which to defend of justice. In fact, I sent out a judicial ing appeals of judgments in such cases suits against Federal officers and agen- questionnaire earlier this year request- to the court of appeals and eliminating cies when those suits involve Federal ing assistance from individual judges an alternative route of appeal to the defenses. This section would legisla- on their ideas and views of the needs of district judge. A single forum of appeal tively reverse the Supreme Court’s de- the Federal judiciary. I hope some of in civil consent cases simplifies court cision in International Primate Protec- you have had the opportunity to review procedures and recognizes the existing tion League, et al. v. Administrators of my subcommittee’s report on the practice in most districts. The Judicial Tulane Educational Fund, et al., 111 courts of appeal, which I released re- Conference recommended such action S.Ct. 1700 (1991), which held that only cently. The report on the District in the long range plan for the Federal Federal officers, and not Federal agen- courts will be completed shortly. I courts. Also, this section would not cies, may remove State court actions found it enlightening to communicate alter the role of magistrate judges as to Federal court pursuant to 28 U.S.C. with the individual judges, and hope adjuncts to article III courts since dis- 1442(a)(1). The section would also re- that these lines of candid and construc- trict judges would still control the re- verse at least three other Federal dis- tive communication with the individ- ferral of consent cases to magistrate trict court decisions which held that ual judges and the Administrative Of- judges. Federal officers sued exclusively in Section 304 changes the reappoint- fice remain open and continue to their official capacities cannot remove ment procedure for incumbent bank- produce beneficial results in terms of State court actions to Federal court. efficiency, cost savings, and other im- ruptcy judges. Rather than requiring The result of these decisions has been provements within the Federal judici- the judicial council for a circuit or a that Federal agencies have had to de- ary. merit selection panel to undergo a In drafting the Federal Courts Im- lengthy and time-consuming screening fend themselves in State court, despite provement bill, we worked closely with process, this section streamlines the important and complex Federal issues the Administrative Office to assess and reappointment process for judges such as preemption and sovereign im- address the needs of the Federal judici- whose performance has previously been munity. Section 208 fulfills Congress’ ary. As a result, the bill contains both reviewed. In this manner, the section intent that questions concerning the technical and substantive changes in eliminates unnecessary expenditures of exercise of Federal authority, as well the law, many of which were carried time and money. as the scope of Federal immunity and over from previous Congresses and-or Another example is section 202, Federal-State conflicts, be adjudicated originally proposed in S. 1101. During which authorizes magistrate judges to in Federal court. It also clarifies that our working sessions on the bill, some try all petty offense cases. Tradition- suits against Federal agencies, as well of the provisions in S. 1101, such as the ally, safeguards applicable to criminal as those against Federal officers sued sections dealing with Federal Defender defendants charged with more serious in either an individual or official ca- Services matters, were determined to crimes have not been applicable to pacity, may be removed to Federal dis- warrant further inquiry or additional petty offense cases because the burdens trict court. More importantly, this sec- hearings. On the whole, the bill is were deemed undesirable and imprac- tion does not alter the requirement broad-reaching, and contains provi- tical in dealing with such minor mis- that a Federal law defense be alleged sions concerning judicial process im- conduct. Section 202 also authorizes for a suit to be removable pursuant to provements; judiciary personnel ad- magistrate judges to try misdemeanor 28 U.S.C. § 1442(a)(1). ministration, benefits and protections; cases upon either written consent or Another example is section 503, judicial financial administration; Fed- oral consent of the defendant on the which repeals a provision in a 1981 con- eral Courts Study Committee rec- record. This amendment enhances the tinuing appropriation resolution bar- ommendations; and other miscellane- efficiency of the courts, since most de- ring annual cost-of-living adjustments ous issues. Almost all of the provisions fendants routinely consent to proceed- in pay for Federal judges except as spe- have been formally endorsed by the Ju- ing before the Federal magistrate cifically authorized by Congress. Re- dicial Conference, the governing body judge system. Presently, consent to peal of section 140 restores the oper- of the Federal courts. I would now like trial of misdemeanor cases by mag- ation of 28 U.S.C. § 461 as to article III to mention some of the more salient istrate judges is required to be in writ- judges and parity with the other two provisions of the bill. ing, although there is no legal signifi- branches of Government, as enacted by Many provisions contained in this cance between written consent and the Federal Salary Cost-of-Living Ad- bill streamline the operation of the consent made orally on the record, pro- Federal court system. A good example justment Act of 1975 and amended by vided that the defendant’s consent is the Ethics Reform Act of 1989. of our attempt to render the judiciary made with full knowledge of the con- more efficient is section 605, which sequences of such consent, is intel- Several sections improve the judicial abolishes a special tribunal with nar- ligently given, and is voluntary. Elimi- court system in other ways. Section 206 row jurisdiction, the Special Court, the nation of the written-consent require- amends section 1332 of title 28 relating Regional Rail Reorganization Act of ment saves time and eases burdensome to diversity jurisdiction to raise the ju- 1973, established in the early 1970’s to paperwork for court personnel, while risdictional amount in diversity cases oversee the reorganization of insolvent preserving knowing and voluntary con- from $50,000 to $75,000. The purpose of railroads. The work of this court is ba- sent in such cases. this amendment is to supplement the sically concluded, with the court’s Additional sections that facilitate ju- increase of the jurisdictional amount docket containing 10 largely inactive dicial operations are sections 201 and from $10,000 to $50,000 in the 100th Con- cases. This section transfers the Spe- 205. Section 201 authorizes magistrate gress by a modest upward adjustment cial Court’s jurisdiction over those judges temporarily assigned to another to $75,000. Section 210 requires each Ju- cases and any future rail reorganiza- judicial district because of an emer- dicial Council to submit an annual re- tion proceedings to the U.S. District gency to dispose of civil cases with the port to the Administrative Office of the Court for the District of Columbia, consent of the parties. Section 205 United States Courts on the number where the court’s records and a major- clarifies that deputy clerks may act and nature of orders relating to judi- ity of its judges are currently located, whenever the clerk is unable to per- cial misconduct or disability under sec- and makes other technical and con- form official duties for any reason, and tion 332 of title 28 of the United States forming changes incidental to the permits the court to designate an act- Code. This reporting requirement was court’s abolition. The elimination of ing clerk of the court, when it is ex- recommended by the Report of the Na- this court will produce budgetary and pected that the clerk will be unavail- tional Commission on Judicial Dis- administrative economies and, accord- able or the office of clerk will be va- cipline and Removal of August 1993, ing to the Administrative Office of the cant for a prolonged period. which found that reliable information U.S. Courts, result in an annual cost Provisions in this bill also clarify ex- concerning council orders was difficult savings of approximately $175,000. isting law to better fulfill Congress’ to obtain. S6520 CONGRESSIONAL RECORD — SENATE June 19, 1996 In addition, section 608 extends by 6 representation that development would S. 1890. A bill to increase Federal pro- months the due date of the Civil Jus- be allowed, the USFWS advised KNA tection against arson and other de- tice Reform Act reports on the dem- after selections were made that use of struction of places of religious worship. onstration and pilot programs. The bill the property would be severely re- THE CHURCH ARSON PROTECTION ACT OF 1996 at section 609 also extends the author- stricted by the application of section Mr. FAIRCLOTH. Senator KENNEDY ization of appropriations by 1 year of 22(g) of ANCSA. and I stand here today united in our the use of arbitration by district courts Section 22(g) requires that all uses of belief that the rash of church arson under 28 U.S.C. § 651. This will give us private inholdings within the refuge must end and now. If we in Congress more time, if needed, to consider how comply with the laws and regulations cannot agree that church burning is a we will implement permanently alter- applicable to the public lands within a despicable crime, what can we agree native dispute resolution in the courts. refuge and that those lands be managed upon? It is not a matter of liberals, In conclusion, this bill is the result consistent with the purpose for which conservatives, blacks, or whites. It is of careful consideration by members of the refuge was established. Section about justice, faith, and right and the subcommittee and their staff, in 22(g) has been an ongoing problem in wrong. Five of these churches—sadly, close collaboration with the Adminis- Alaska as it has significantly limited including a recent one on last Sunday trative Office, who have all worked the economic use of private lands with- night—were located in my home State long and hard in attempting to produce in refuges. of North Carolina. a strong, bipartisan piece of legisla- Pursuant to agreements between I have every confidence that local tion. I am pleased to say that the legis- USFWS and KNA, this legislation will law enforcement in my State can solve lation we are introducing today not allow USFWS to acquire three small these crimes, but there is a real possi- only enhances and improves the oper- parcels of land and KNA’s remaining bility that persons from outside of my ation of the Federal judiciary, but also ANCSA entitlement at appraised value. State and other States may have set takes into consideration any potential These parcels include: Stephanka the fires, and that is the need for this increase in costs to the Federal budg- Tract, 803 acres on the Kenai River; bill and for Federal law enforcement et.∑ Moose River Patented Tract, 1,243 assistance and a Federal statute. We have taken too long as a nation to By Mr. MURKOWSKI (for himself acres; Moose River Selected Tract, 753 acres; and Remaining Entitlement, 454 react to this tragedy. and Mr. STEVENS): acres. I do not know why the response has S. 1889. A bill to authorize the ex- been so slow, nor do I fully understand change of certain lands conveyed to the The total habitat acquisition of 2,253 if these crimes were the acts of con- Kenai Native Association pursuant to acres will be purchased with Exxon spirators or copycats. the Alaska Native Claims Settlement Valdez oilspill funds at a cost of What I do know is that we are send- Act, to make adjustments to the Na- $4,443,000. Therefore, there would be no ing a clear message today to anyone tional Wilderness System, and for cost to the Federal Government for the who is thinking about burning a other purposes; to the Committee on purchase of these lands. Refuge bound- church, that the wrath of the Federal Energy and Natural Resources. aries would be adjusted to remove Government will fall upon them. THE KENAI NATIVE ASSOCIATION EQUITY ACT 15,500 acres of KNA lands from the ref- Scoundrels who burn churches have no ∑ Mr. MURKOWSKI. Mr. President, uge, thus resolving the 22(g) conflict. refuge in our America on this day or today I introduce the Kenai Native As- This can be done because, although the any other day. They should and will be sociation Equity Act. This legislation property is within the refuge—it does prosecuted and punished to the fullest will correct a significant inequity in not belong to the Federal Government. extent of the law. Federal law with respect to lands con- KNA would also receive the refuge To that end, Senator KENNEDY and I veyed to the Kenai Natives Association headquarters site in downtown Kenai have introduced this bill, full of both [KNA] under the Alaska Native Claims which consists of a building and a 5- symbol and substance, to protect Settlement Act [ANCSA]. This legisla- acre parcel. houses of worship. tion, which will mark the final out- Under the terms of this agreement, Growing up and living in the rural come of a process begun nearly 14 years the USFWS has proposed, in order to South, I understand better than a lot of ago. maintain equivalent natural resource people that the church serves as a cen- The legislation directs the comple- protection for Federal resources, that ter of family life, of the community tion of a land exchange and acquisition Congress designate the Lake life, and in so many of these areas life package between the U.S. Fish and Todatonten area, approximately 37,000 is built around the church. Con- Wildlife Service [USFWS] and KNA. acres, as a BLM Special Management sequently, they hold in more ways than The legislation will allow KNA, for the Area [SMA]. The lake is adjacent to one a sacred place in the hearts of the first time, to make economic use of the Kanuti National Wildlife Refuge. people within that community. There lands conveyed them under ANSCA. The SMA would be subject to subsist- is far more potential in these churches The final stage of this process began by ence preferences under ANILCA and to to cure what ails us as a nation than directing in Public Law 102–458, a land valid existing rights. While I support the Federal Government will ever pos- exchange and acquisition package be- the intent of this provision I do intend sess. Let us renew our commitment tween the USFWS and KNA. Over the on exploring its implications on land with energy and conscience to protect past year, negotiations were com- use closely during Senate hearings be- the rights of all Americans without re- pleted, resulting in the legislation I am fore the Energy and Natural Resources gard to race or religion. introducing today. Committee. Mr. KENNEDY. Mr. President, re- Mr. President, unlike other corpora- Mr. President, I believe the Kenai cently, the entire Nation has watched tions in ANCSA, KNA, as an urban cor- Native Association has waited long in horror and disbelief as an epidemic poration, was not entitled to receive enough to resolve these issues. It is my of terror has gripped the South. Events monetary settlement or additional intention to move this legislation we all hoped were a relic of the past are lands than those granted under quickly and get it behind us.∑ now almost a daily occurrence. The ANCSA. KNA ultimately selected 19,000 By Mr. FAIRCLOTH (FOR HIMSELF, Mr. wave of arsons primarily directed at of its 23,040 entitlement within what KENNEDY, Mr. HATCH, Mr. BIDEN, Mr. LOTT, African American churches is a re- later became the Kenai National Wild- Mr. DASCHLE, Mr. THURMOND, Mr. BYRD, Mr. minder of some of the darkest mo- life Refuge. KNA lands are located be- WARNER, Mr. LEAHY, Mr. COCHRAN, Mr. HEF- ments in our history—when African- tween operating oilfields within the LIN, Mr. D’AMATO, Mr. JOHNSTON, Mr. Americans were mired in a quicksand refuge to the North and urban and sub- GRAMM, Mr. BREAUX, Mr. FRIST, Ms. of racial injustice. We have come a MOSELEY-BRAUN, Mr. LEVIN, Mr. SIMON, Mr. urban developments to the South. long way from the era of Jim Crow, the ROCKEFELLER, Mr. REID, Mr. DODD, Mr. At the request of the USFWS, KNA GLENN, Mr. KERREY, Mr. KERRY, Mr. HARKIN, Klan, and nightly lynchings. But these officials chose lands along the bound- Mr. BRADLEY, Ms. MIKULSKI, Mr. KOHL, Mrs. arsons are a chilling reminder of how aries of the refuge so that development MURRAY, Mrs. BOXER, Mr. WYDEN, Mrs. far we have to go as a nation in rooting would be allowed. Notwithstanding the HUTCHISON, Mr. COVERDELL and Mr. PRYOR): out racism. June 19, 1996 CONGRESSIONAL RECORD — SENATE S6521 In the 1960’s, at a time when acts of crisis more effectively. However, we ship freely without fear of violence. We violence against African-Americans must also deal with the aftermath of believe this legislation is a timely and were commonplace, when white free- the arsons that have left so many constructive step to stem the tide of dom workers were being murdered by needy communities without a place of violence in the South. If more can be cowardly racists, Congress first began worship. The bill contains an impor- done, we will do it. to speak vigorously and in a bipartisan tant provision granting the Depart- In a larger sense, this tragic violence fashion to condemn this violence and ment of Housing and Urban Develop- provides an opportunity for all Ameri- address the many faces of bigotry. ment the authority to make loan guar- cans to examine our consciences on the Today, we again speak with a united antees to lenders who provide loans to issue of prejudice. We must work to voice in introducing bipartisan legisla- places of worship that have been vic- root out racism and bigotry in every tion to address this alarming recent timized by arson. form. If we create a climate of intoler- epidemic of church burnings. This provision does not require an ance, we encourage racist acts of de- I commend my colleague from North additional appropriation of funds to struction. While I respect and indeed Carolina, Senator FAIRCLOTH, for his HUD. It simply gives HUD authority to cherish the first amendment right of leadership on the legislation we are in- use funds it already has. These loan free expression, we must be mindful troducing today. It is vitally important guarantees will serve an indispensable that words have consequences. It is dis- for the American people to recognize function to help expedite the rebuild- tressing that hate crimes are on the that all Americans—Democrats and ing process and the healing process. rise—whether arson of a church or as- Republicans, whites and nonwhites, These arsons have placed an enor- saults and murders because of bigotry. Catholics, Protestants, Jews, and Mus- mous burden on State and local law en- At other times in our history, we have lims—must speak with a united voice forcement, who also must investigate been able to act together to heal a sud- in condemning and combating these the crimes and address the tense after- den or lingering sickness in our soci- outrageous acts. We must send the math within their communities. Our ety, and we will do so now. The fun- strongest possible signal that Congress bill contains two measures to assist damental challenge is to re-commit intends to act swiftly and effectively to State and local law enforcement and ourselves as a Nation to the basic val- address this festering crisis. local communities in responding to ues of tolerance and mutual respect President Clinton has also spoken these vicious crimes. The Department that are the Nation’s greatest eloquently on this issue, and has pro- of the Treasury is authorized to hire strengths. vided strong leadership. I applaud his additional ATF agents to assist in The courage and faith demonstrated efforts to commit substantial addi- these investigations, and to train State by the parishioners and clergy of the tional Federal resources to the inves- and local law enforcement officers in burned churches is an inspiration to tigations. Just as it was appropriate in arson investigations. ATF already the entire country. Their churches may the 1960’s for the Federal Government trains 85 to 90 percent of local law en- have burned, but their spirit endures, to play an important role in reducing forcement in how to investigate arson. and it is stronger than ever. I also welcome the outpouring of gen- racial unrest, it is vitally important This authorization will facilitate need- erosity from numerous sources in the today for the Federal Government to ed additional training. private sector. I commend the many in- take an active role in combating these The bill also authorizes the Depart- dividuals, businesses, congregations, racist arsons. ment of Justice to provide additional and charitable organizations that have I also commend Congressmen HENRY funds to the Community Relations pledged financial support to rebuild the HYDE and JOHN CONYERS, who devel- Service, a small but vital mediation churches. These generous acts, as Mar- oped the bipartisan House bill that was arm established by the Civil Rights Act tin Luther King once said, ‘‘will enable passed swiftly and unanimously yester- of 1964. The mission of the Community us as a Nation to hew out of the moun- day, and I urge the Senate to act with Relations Service is to go into a com- tain of despair a stone of hope.’’ similar swiftness. munity and reduce racial unrest I urge my colleagues to join in expe- There are four basic components to through mediation and conciliation. diting action on this urgent legisla- the Faircloth-Kennedy bill. First, it The Community Relations Service has tion. America is being tested, and the provides needed additional tools for worked effectively to calm commu- people are waiting for our answer. Federal prosecutors to address violence nities during some of the Nation’s most Mr. President, this Faircloth-Ken- against places of worship. The bill difficult moments in the battle for ra- nedy bill addresses the recent spate of amends the primary Federal statute cial justice, and it has earned the re- arsons that have gripped the South. dealing with destruction of places of spect of law enforcement officials and The bill contains a number of measures worship to make it easier to prosecute community leaders nationwide. designed to assist prosecutors and in- these cases. Current law contains oner- In 1996, its budget was cut in half— vestigators in pursuit of the cowardly ous and unnecessary jurisdictional ob- from 10 million to $5 million. As a re- perpetrators of these crimes, and to as- stacles that have made this provision sult, at a time when its services are in sist victims and communities in the re- largely ineffective. In fact, despite the enormous demand, the Community Re- building process. This statement per- large number of incidents of destruc- lations Service is about to be forced to tains to Congress’ constitutional au- tion or desecration of places of reli- lay off half of its already slim staff. thority to amend the criminal provi- gious worship in recent years, only one This bill authorizes the restoration of sion pertaining to destruction of reli- prosecution has been brought under funds to the Community Relations. We gious property and violent interference this statute since its passage in 1988. must act now, because its services are with right of free exercise of religious Our bill will breathe life into this stat- urgently needed. worship. ute by removing these unnecessary ob- Finally, the bill reauthorizes the The bill amends title 18, United stacles. Hate Crimes Statistics Act. This rash States Code, section 247 to make it In addition, our bill strengthens the of arsons demonstrates the need to doc- easier for prosecutors to establish Fed- penalty for church arson by conform- ument all hate crimes nationwide. Re- eral violations in instances of destruc- ing it with the penalties under the gen- authorizing the Hate Crimes Statistics tion or desecration of places of reli- eral Federal arson statute. By con- Act is essential, and law enforcement gious worship. Although section 247 forming the penalty provisions of these groups, religious leaders, and civil was passed in 1988, there has been only two statutes, the maximum potential rights leaders throughout the Nation one Federal prosecution due to the on- penalty for church arson will double, strongly support it. erous jurisdiction requirements con- from 10 years to 20 years. Our bill also Taken together, this bill represents a tained in section 247(b). extends the statute of limitations from sensible and practical response to the The interstate commerce require- 5 to 7 years, giving investigators need- church arson crisis. We have a con- ment of section 247(b)(1) is much great- ed additional time to solve these dif- stitutional obligation to preserve the er than in other similar Federal stat- ficult crimes. separation of church and state, but we utes. For example, title 18, United Giving prosecutors additional tools also have a Federal obligation to pro- States Code, section 844(i) is the gen- will enable them to address the current tect the right of all Americans to wor- eral Federal arson statute and contains S6522 CONGRESSIONAL RECORD — SENATE June 19, 1996 a much lower interstate commerce interstate commerce requirement alto- I will provide a more general overview of threshold than is found in section gether. federal prosecutorial activities. 247(b)(1). Congress also has authority under FEDERAL JURISDICTION The $10,000 requirement of section the commerce clause to enact this leg- There are a number of statutes that pro- 247(b)(2) is arbitrary and unnecessary, islation. As the record makes clear, the vide federal jurisdiction over arsons at and does not reflect the serious nature churches, synagogues, and mosques churches. of many bias motivated acts of vio- that have been the targets of arson and We also have jurisdiction under 18 U.S.C. lence against places of religious wor- vandalism, serve many purposes. On 247 and 248. Under 18 U.S.C. 247, anyone who Saturdays or Sundays, they are places ‘‘intentionally defaces, damages, or destroys ship. For example, there have been a and religious real property, because of the number of incidents of bias-motivated of worship. During the rest of the religious charter of that property, or at- violence committed by skinheads week, they are centers of activity. A tempts to do so,’’ through use of fire, has against synagogues which involved fir- wide array of social services, such as committed a felony. Subsection (b) of the ing gunshots into these sacred places of inoculations, day care, aid to the statute states that the defendant must have worship, or the desecration of solemn homeless, are performed at these traveled in interstate or foreign commerce, symbols or objects, such as a Torah. places of worship. People often register or used a ‘‘facility or instrumentality of The Justice Department is providing to vote, and vote at the neighborhood interstate or foreign commerce in interstate specific examples of the limitations of church or synagogue. Activities that or foreign commerce’’ in committing the crime, and caused more than $10,000 damage. section 247 which it will present at a attract people from a regional, inter- Section 844(h) of Title 18 applies when fire hearing scheduled for June 25, 1996 in state area often take place at these or an explosive is used to commit another the Judiciary Committee. The mone- places of worship. There is ample evi- crime, and section 844(i) of Title 18 prohibits tary damage amount in these incidents dence to establish that Congress is reg- the use of fire when destroying a building described above is minimal. Yet, the ulating an activity that has a ‘‘sub- used in interstate or foreign commerce. Sec- devastation caused by these crimes is stantial effect’’ upon interstate com- tion 248(a)(3) of Title 18 makes it a crime to enormous, and the Federal Government merce. ‘‘intentionally damage[] or destroy[] the property of a place of religious worship.’’ As can and should play a role in prosecut- Mr. President, I would like to include as cosponsors of this legislation the we discuss later, however, our ability to use ing these heinous acts of desecration. 248 may be limited. The Faircloth-Kennedy bill amends Senator from West Virginia [Mr. SUCCESSFUL PROSECUTIONS section 247 in a number of ways. Most BYRD]; the Senator from Connecticut importantly, the onerous jurisdictional [Mr. DODD]; and the Senator from Ala- Investigation of church fires is extremely bama [Mr. HEFLIN]. challenging. Fire often destroys all of the requirements of section 247(b) are dis- relevant evidence. In addition to examining carded in favor of a more sensible Mr. President, I ask unanimous con- sent the upcoming hearing on church the evidence at the scene of the fire, many structure that will better enable pros- witnesses must be interviewed in order to ecutors to pursue the cowardly per- arson currently scheduled for June 25, get a lead, as there are seldom witnesses to petrators of these crimes. 1996 by the Judiciary Committee as an arson at a church, particularly churches Section 2 of the bill contains congres- well as excerpts of other statements located in rural areas, as many of these sional findings that set out in explicit submitted in the context of that hear- churches are. There are currently over 200 detail the constitutional authority of ing be made a part of the overall record federal agents from the ATF and FBI as- signed to the various fires we are investigat- Congress to amend section 247. A hear- pertaining to consideration of the Faircloth-Kennedy church arson pre- ing. ing was conducted in the House of Rep- We have had successful federal prosecu- resentatives on May 21, 1996, and a vention bill. There being no objection, the mate- tions, and have secured sentences commen- hearing will be conducted in the Senate surate with the seriousness of these crimes. rial was ordered to be printed in the on June 25, 1996, in which substantial Two recent cases demonstrate the type of in- RECORD, as follows: evidence has or will be presented to vestigations and prosecutions that vindicate support these congressional findings. EXCERPT OF STATEMENT OF DEVAL PATRICK, federal rights. ASSISTANT ATTORNEY GENERAL, CIVIL Congress has three separate bases of MAURY COUNTY, TENNESSEE RIGHTS DIVISION, BEFORE THE COMMITTEE In January of 1995, two African American constitutional authority for amending ON THE JUDICIARY, MAY 21, 1996 churches and an African American-owned section 247. First, Congress has author- Mr. Chairman and Members of the Com- tavern were burned. Local law enforcement ity under section 2 of the 13th amend- mittee, I appreciate the opportunity to ap- investigated, and arrested three suspects, all ment to enact legislation that rem- pear today to discuss the efforts of the De- of whom said the fires were the result of ac- partment of Justice to prosecute those indi- edies conditions which amount to a tions they took while intoxicated, and were viduals responsible for the deplorable act of badge or incident of slavery. The Su- intended only as a joke. The FBI also inves- setting fires to houses of worship and intimi- preme Court, in Jones v. Alfred H. tigated, and determined that all three de- dating their parishioners. Mayer Co., 392 U.S. 409 (1968), and Grif- Let me assure you all, first and foremost, fendants spent a Sunday watching the Super fin v. Breckenridge, 403 U.S. 88 (1971), that the Department of Justice considers in- Bowl, drinking, and discussing their hatred held that Congress has broad power vestigation of church fires and prosecution of African Americans. The discussion later under the 13th amendment to enact of those persons responsible for attempting turned specifically to ‘‘burning nigger legislation that addresses societal to destroy houses of worship to be among our churches.’’ After gathering various supplies, most important investigative and prosecu- the defendants first drove to an adjoining problems of discrimination. In Griffin, county and tried to set fire to the tavern by the Supreme Court held that ‘‘there torial priorities. Houses of worship have a special place in our society. They are, of throwing a molotov cocktail through the has never been any doubt of the power course, the center of a community’s spiritual window. It failed to ignite. They also burned of Congress to impose liability on pri- life. In many communities, the church is the a cross on the tavern property. They then vate persons under section 2 of the th[e center of its social life as well. As we have crossed back into Maury County and went to Thirteenth] Amendment. seen in communities that are the subject of the Friendship Missionary Baptist Church, The arsons that have occurred have today’s hearing, destruction of a church can an African American church, and threw a been directed primarily at African- have devastating effects. railroad tie and molotov cocktail through American churches. Although a num- When the fire is accompanied by an ex- the window. The fire ignited and caused heavy damage to the church. They also at- ber of the perpetrators have not been plicit or implied threat of violence directed at church members because of their race, tached a small cross to the church sign and apprehended, it is clear from the state- these devastating effects are multiplied. In ignited it. They then drove to another Afri- ment of the Justice Department that a our society, arson of a church attended pre- can American church, the Canaan African substantial number of the arsons were dominantly by African Americans carries a Methodist Episcopal Church, again throwing motivated by animus against African- unique and menacing threat—that those in- a molotov cocktail into the church and caus- Americans. Indeed, these events are a dividuals are physically vulnerable because ing damage, and again leaving a cross on tragic reminder of a sad era in our Na- of their race. These threats are intolerable; church property. tion’s history, when African-Americans no one in our society should have to endure The FBI obtained inculpatory statements them. The Department of Justice is commit- and physical evidence, and identified other were mired in a quicksand of racial in- ted to insuring that those who make such persons who later testified before the grand justice. As such, Congress has the au- threats will be prosecuted and will serve sen- jury concerning the defendants’ intent to thority under the 13th amendment to tences commensurate with the cowardly and burn African American churches. Attorneys amend section 247, and to eliminate the despicable nature of their actions. from the United States Attorney’s Office for June 19, 1996 CONGRESSIONAL RECORD — SENATE S6523 the Middle District of Tennessee, as well as thorities. Some of these have resulted in actively investigating these fires, and doing from the Criminal Section of the Civil State convictions and lengthy sentences. whatever we can to determine what hap- Rights Division, participated in the Federal INCREASE IN REPORTS OF CHURCH FIRES pened and to make arrests where criminal activity occurred. It is important to remem- prosecution of these three defendants. They We have found a disturbing increase in the ber that arsons are among the most difficult also met often with local church officials, number of fires at churches reported to the crimes to solve. Fire often destroys impor- not only to keep them apprised of the devel- Justice Department over the past two years. tant evidence. Some of these fires were set at opments in the Federal prosecution, but also As of May 1, 1996—only four months into the churches located in rural, isolated areas, and to discuss with them the impact of this at- year—we had received reports of fires at 24 for that reason the fires at some were exten- tack on the members of the church. churches, seventeen of which occurred at The defendants were arrested in August of sive. In some instances, churches burned to churches in which the membership is pre- 1995 on Federal charges of violating 18 U.S.C. the ground. It is not yet clear whether the dominantly African American. During 1995, 241 by conspiring to set fire to the two Afri- increase in the number of fires reported to us we received reports of fires at 13 churches, can American churches and the tavern. They reflects an increase in the number of fires and reports of acts of vandalism at three pled guilty to the Federal charges in October that have occurred, or reflects an increase in churches that did not involve fires. Eleven of of 1995. Two of the defendants were sentenced reporting. As I stated earlier, we have ac- the fires that occurred in 1995 were at Afri- to 33 months in Federal prison, and the third tively encouraged local citizens and law en- can American churches. From 1990 through to 57 months, for this hate crime. forcement officials to report all fires at 1994, we received and investigated reports of One reason we decided to proceed with a houses of worship to federal officials, and re- fires at only 7 houses of worship, 6 of which Federal prosecution was that because the cent publicity about some church fires may were at African American churches, and acts tavern firebombing occurred in another have encouraged the reporting of others. of vandalism at 5 synagogues. county, trial in State court would have re- It is clear, however, from some of the cases This pattern of church fires has not been quired separate State indictments and re- that have been solved, that some of the peo- limited to one region of the country. The re- sulted in the juries in each case seeing only ple who have set fires at houses of worship ports of church fires occurring in 1996 have part of the overall crime. The Federal con- are motivated by hate. Most of the other come from Alabama, Georgia, Louisiana, spiracy charge permitted the full scope and cases are still under investigation. As you Mississippi, Tennessee, Virginia, South Caro- nature of the crime to be presented in one know, I cannot discuss specifics of any open lina, and Texas in the southern United prosecution, and provided certain evi- case. I can say, however, that during our in- States, and also from Arizona, Maryland, dentiary advantages, such as the admissibil- vestigation we focus not only on the cir- and New Jersey. In 1995, we investigated ity of co-conspirator statements. In addition, cumstances of the specific fire before us, but church fires that occurred in Alabama, the sentences these defendants would have also on whether, if we identify an individual North and South Carolina, and Tennessee, received under local law were much less than or individuals responsible for the fire, there and also one that occurred at an African Federal law would permit. The Federal sen- is any evidence that these individuals have American church in Washington state. tencing guidelines permitted the court to any ties to fires that have occurred else- Nearly one-quarter of the cases reported to tailor sentences which reflected the culpabil- where in the country. Because these inves- us in 1995 and 1996 have been resolved. Of the ity and subsequent cooperation and accept- tigations are ongoing, it is premature to 24 fires reported to us as of May 1 of this ance of responsibility by the defendants. The draw conclusions one way or the other as to year, arrests have been made in two cases, Government was able successfully to argue whether the fires we are seeing are part of an and one has been determined to have been organized hate movement. at sentencing that the leader of three defend- accidental. The rest remain under active fed- ants deserved an enhanced sentence. The DIFFICULTIES WITH FEDERAL JURISDICTION eral investigation, and we are hopeful that Federal investigation also revealed that the While I mentioned the Federal statutes we can bring some to conclusion soon. Of the local firefighters who responded to the first that give us jurisdiction over some fires and 13 fires and 3 incidents of vandalism occur- church burning were placed at a substantial acts of vandalism at houses of worship, using ring in 1995, 10 remain under active federal risk of death or serious bodily injury by the those statutes does present some difficulties. investigation. Two investigations have been fire, which also persuaded the court to im- 18 U.S.C. 241 applies when we have two or closed after successful federal prosecution, pose an enhanced sentence. The decision to more defendants acting in a conspiracy. and one fire was determined to be accidental. proceed against these defendants in Federal While we can get significant jail sentences Arrests have been made in two of the inci- court and on Federal charges resulted in sen- under section 241, we can use section 241 only dents still under active investigation. The tences that fit the contemptible nature of when we have a conspiracy of two or more three incidents of vandalism at churches in their actions and the effect of those actions persons. When we do not have two or more Alabama were resolved through local pros- on the members of the churches they at- individuals involved in the fire, section 241 is ecution. tempted to destroy. not available. We have taken a number of steps to en- When we are left with only one suspect, PIKE COUNTY, MISSISSIPPI courage local law enforcement personnel our jurisdiction is provided by 18 U.S.C. sec- On April 5, 1993, on the 25th anniversary of throughout the country and others to con- tions 247 or 248. Prosecutions under section the death of Rev. Martin Luther King, Jr., tact the FBI and ATF whenever a fire ap- 247 are complicated significantly by the fact two African American churches in rural pears suspicious. We have also spoken to that subsection (b) of the statute states that southern Mississippi burned to the ground. church and civil rights leaders in many areas the defendant must have traveled in inter- The FBI, with some cooperation by the local to encourage them to get the word out to state or foreign commerce, or used a ‘‘facil- sheriff’s department, took the lead in the in- their parishioners and members that fires ity or instrumentality of interstate or for- vestigation and identified three suspects, one and acts of vandalism at houses of worship eign commerce in interstate or foreign com- adult and two juveniles. The Bureau con- are of serious federal concern, and that they merce’’ in committing the crime, and caused tacted the father of one suspect, and met should quickly report these incidents to both more than $10,000 damage. These provisions with the suspect, his father and his attorney. local and federal officials. make this statute nearly impossible to use. Later the Bureau agent and a lawyer from I recently went to Boligee, Alabama, to The $10,000 requirement means that when the the criminal Section of the Civil Rights Di- visit the sites of recent church arsons and to damage from the fire is minimal, or when vision met with another suspect and the sus- meet with local law enforcement officials as hate is expressed, not through fire but pect’s parents. The suspects admitted setting well as officials of the damaged churches. I through desecration or defacement of houses fire to the churches. The churches were cho- spoke both of the high priority these cases of worship, 18 U.S.C. 247 is not an available sen because they were African American have in the Department of Justice, and of source of jurisdiction. In those cases, the churches, and the suspects admitted making our need for a close relationship with local message of hate is just as clear, and the ef- racially derogatory remarks such as ‘‘Burn law enforcement and local citizens regarding fect on the victims often just as palpable and Nigger Burn’’ and ‘‘that will teach you Nig- these kinds of actions. I was heartened by disturbing, but an important law enforce- gers’’ when setting the fires. the reception I was given by local church of- ment tool is not available. These fires were set in an area of Mis- ficials, and I hope they, and other church 18 U.S.C. 248(a)(3) also provides Federal ju- sissippi with a disturbing and violent racial members and other citizens around the coun- risdiction in church arsons. While that sec- past. This prosecution sent a strong message try fully understand the Department’s com- tion could be a useful tool to address this that this sort of violence will not be toler- mitment. I know that Assistant Secretary problem, we believe that the Supreme ated. A thorough six month investigation James Johnson from the Department of the Court’s recent decision in United States v. was done, followed by grand jury testimony. Treasury has also made a number of visits to Lopez, 115 S.Ct. 1624 (1995), may make use of On October 1, 1993, all three participants pled churches around the country victimized by that provision more difficult. guilty to violating 18 U.S.C. 241. Two defend- suspicious fires, and has explained the man- Section 844(h) of title 18 applies when fire ants were sentenced to 37 months in Federal ner in which the federal government is re- or an explosive is used to commit another prison and one to 46 months. sponding to these fires. crime, and section 844(i) of title 18 prohibits These are two instances of successful Fed- I am sure that local church and commu- the use of fire when destroying a building eral investigation and prosecution of hate nity members are as frustrated as we are by used in interstate or foreign commerce. crimes involving the burning of African those instances in which church fires are not Their utility is limited, however, where no American churches. Other fires have been in- yet solved. I certainly hope that those same other crime is present, or the interstate vestigated jointly with State and local au- officials and citizens understand that we are commerce nexus is not met. S6524 CONGRESSIONAL RECORD — SENATE June 19, 1996

CONCLUSION (some of whom were honor students)—had an end to political, judicial, economic and The Clinton Administration is determined burned a soft drink warehouse, a restaurant street violence. to address this problem using all the law en- with exotic birds; had burned property of a We believe that an intelligence system and forcement and investigative tools available, Baptist church and were on their way to at- advanced criminological technology that can working cooperatively with our Federal as tack Disney World with assault weapons. identify terrorists in faraway lands, and in well as State and local law enforcement. What the media have hardly mentioned is New York and Oklahoma, ought to be able to Solving these crimes, and punishing those that their plans included a shooting spree apprehend angry arsonists who burn church- responsible, remains a high priority for this against Black tourists following the attack es. Finally, some religious extremists have of- Administration. on Disney. We are witnessing a frightening and seri- fered rewards for the culprits and challenged civil rights groups to match the reward mon- STATEMENT BY THE REV. DR. JOSEPH E. LOW- ous assault on African Americans in this na- tion, in the judicial and legislative suites— ies. ERY, PRESIDENT, SOUTHERN CHRISTIAN We believe the religious community could LEADERSHIP CONFERENCE, CHAIRMAN, BLACK as well as in the streets. One hundred years ago, around the time of Plessy vs. Ferguson better serve the common good by engaging LEADERSHIP FORUM, INC., TO THE JUDICIARY in joint efforts to eliminate the climate of COMMITTEE, TUESDAY, MAY 21, 1996 (separate but equal) African Americans were stripped of political power and our properties hostility which encourages acts of hostility. Mr. Chairman, and Members of the Judici- including churches were burned. One hun- We are willing to work together for social ary Committee, the Department of Justice dred years later the ghost of Plessy vs. Fer- justice, the beloved community, and an end through the Assistant Attorney General, guson and the forces that ended reconstruc- to economic, political, judicial and physical Civil Rights Division, has advised us that (as tion are haunting the nation. Our children violence. of April 24, 1996) they have investigated are cast into inferior courses by ‘‘tracking’’ ‘‘fires and incidents of desecration’’ at 46 dif- EXCERPTS OF TESTIMONY OF JOHN W. MAGAW, and other forms of miseducation and denial ferent houses of worship in 15 States . . . DIRECTOR, BUREAU OF ALCOHOL, TOBACCO of justice and equal opportunity in edu- since 1990. AND FIREARMS, BEFORE THE COMMITTEE ON cation. Our voting rights are being dev- Of the 46 incidents listed, 29 remain un- THE JUDICIARY, MAY 21, 1996 astated by federal judges who hold the sacred solved. So far in 1996, 25 incidents have been rulings of their predecessors in contempt. Thank you, Mr. Chairman, Mr. Conyers, reported, and 23 remain unsolved. Equal opportunities in employment and eco- and members of the Committee, for provid- We have been outraged at these continuing nomic enterprise are imperiled by the as- ing this forum to discuss the Federal re- attacks on places of worship—and sorely dis- sponse to the recent series of church fires, sault on affirmative action. The rhetoric appointed that until recently law enforce- predominately African-American, that have around welfare reform suggests that welfare ment in particular, as well as government occurred in the Southeastern United States. recipients are black, lazy, dishonest, and and media in general—have seemed only The Bureau of Alcohol, Tobacco and Fire- need to be penalized for being poor. It is mildly interested in focusing on these acts of arms is the arson investigative agency of the soundly perceived and believed that efforts terrorism. Scant notice was given by na- Federal government, and we bring unparal- to balance the budget are totally insensitive tional media until a church where the assist- leled expertise to fire investigations. Today, to the needs of the poor and elderly—and ant pastor was a well known professional I’d like to highlight ATF’s role in working that the budget should be balanced on the football star—was torched. with State and local fire and police authori- backs of the poor. So-called angry white In late 1995, SCLC intensified its protest ties, the Federal Bureau of Investigation, males are concerned that affirmative action, and plea to law enforcement agencies to and the Civil Rights Division of the Depart- the Federal government, and welfare recipi- unleash all available resources to bring these ment of Justice in investigating these fires. ents are their enemies and are responsible criminals to justice. The burning of churches is a particularly In early 1996 we visited the sites of burned for their economic uncertainties. These mis- heinous crime because those who would at- churches in Alabama and Louisiana. Subse- conceptions are fomented by the rhetoric tack our churches seek to strike at our most quently, Asst. Atty. Gen. Deval Patrick vis- and policies of extremists in both the public fundamental liberties and sources of per- ited our offices in Atlanta to assure us that and private sector. sonal support. African-American churches While we continue to call for intensive and the investigation of these fires would be historically have served as places of sanc- massive efforts by law enforcement to bring given top priority. An official in the enforce- tuary, centers of the community, and sym- these criminals to justice, we recognize that ment division of the Treasury Department bols of freedom. ATF is committed to fully concomitantly, we must: (1) recognize the (ATF) also called and informed us that a applying all of our investigative resources to widening impact of anti-Black, anti-poor Joint Task Force with the Justice Dept.— determine the cause of these fires and arrest policies, in creating attitudes of hostility consisting of approximately 100 persons—had those responsible for the arsons. that can translate into acts of hostility; (2) been assigned to the investigation. We were Although ATF has dedicated a tremendous we must hold accountable the extremist advised that two of the officers originally as- amount of resources to investigating this un- groups that fan flames of racial and class di- signed to the Task Force had been removed usual increase in the number of church fires, visions. after it was discovered that they had been church fires are not necessarily a new phe- We would strongly urge the Congress of nomenon. According to statistics compiled among ATF agents who attended a Good Ol’ these United States to: Boy Roundup, where shameful racist activi- by the National Fire Data Center (NFDC) in 1. Call for a massive, intense effort on the the U.S. Fire Administration, 179 church ties took place. It is our understanding that part of the FBI, and the entire law enforce- none of the agents who frequented these fires were reported in 1994. The NFDC esti- ment contingency of the United States gov- mates that the statistics represent half of ‘‘Roundups’’ has been dismissed or severely ernment to bring to justice those who com- disciplined. African Americans are concerned the actual number of fires which occur each mitted these crimes. year. ATF has investigated 135 church fires that many law enforcement agencies include 2. Commend, support and encourage the personnel who are also members of racist across the United States since October 1, ministers, congregations and communities 1991. However, as depicted in the displayed groups. that refuse to be intimidated by these cow- We are not surprised at this feeble response pie chart, all church fires that ATF initially ardly acts of terrorism. The message must be investigates are not determined to be arsons. to racist behavior—for like the national re- loud and clear that the African American sponse to these church burnings, it rep- community will not be intimidated in 1996 CURRENT CHURCH FIRE INVESTIGATIONS resents a fifty-first state in the nation—‘‘the any more than we were in 1896, 1963 or any Since January 1995, ATF has conducted state of denial’’. While we have been shocked other time. These attacks stiffen our resist- more than 2,600 fire investigations. During as a nation at the rise of hate groups and ance to oppression and render firm our re- this same period, ATF has conducted 51 right-wing terrorists that have bombed fed- solve in the pursuit of justice and equity. church fire investigations. Twenty-five of eral buildings, and militia groups that pose We respectfully urge this committee and these investigations are arsons which oc- serious threats to democracy, we have the Congress to remember the history of fire curred at predominately African-American downsized the racist nature of these groups. bombing of churches in our community. churches in the Southeast. These include six History, however, is clear that hate mongers While no life has been lost, we recall with in Tennessee: five each in Louisiana and in this nation are usually integrated with deep pain and sorrow the murder of four lit- South Carolina; four in Alabama; three in white supremacists, anti-Semites, and neo- tle girls in Sunday school in a church in Bir- Mississippi; and one each in Virginia and Nazis. They are usually gun addicts and are mingham, Alabama. These criminals must be Georgia. These locations are reflected in the heavily armed with assault weapons. stopped before such tragedies recur. displayed map chart. As you know, these in- Is it any wonder that we are outraged that 3. We respectfully urge the committee and vestigations are ongoing and, therefore, I am law enforcement agencies insist on denying the Congress to seek ways and means of ad- unable to go into detail about the specifics of the racist nature of these attacks on the soul dressing the economic distress, the loss of these fires. I can tell you that, as of May 15, of the Black community—our churches? jobs, the growing fears and uncertainties 1996, there have been two individuals ar- A few days ago a gang of white teenagers about the future in ways that do not make rested in connection with fires in Williams- in Ft. Myers, Florida—known as ‘‘Lords of African Americans, Hispanics, women, and burg County and Manning, South Carolina. Chaos’’—shot and killed a high school band low income persons—scapegoats. In addition, there have been three arrests in director who uncovered their mayhem. This We urge the Congress to engage in a posi- Lexington County, South Carolina; one ar- gang of white teens—from affluent homes tive campaign to achieve racial justice and rest in Tyler, Alabama; and another in June 19, 1996 CONGRESSIONAL RECORD — SENATE S6525 Satartia, Mississippi. I am confident that we interstate or national conspiracy, but until statute is seven years, while it is only five will make additional arrests in the near fu- our work is done no motive or suspect will be years under section 247. The Senate bill cor- ture. eliminated. African-American churches have rects these anomalies by conforming these The concentration of arsons at Afri- served as places of sanctuary, centers of the provisions of section 247 to the provisions of can-American churches, depicted on community, and symbols of freedom. We will the federal arson statute. the line chart, raises the obvious possi- continue to vigorously pursue all investiga- The Senate bill (Section 2) also contains the requisite Congressional findings that en- bility of race/hate-based motives. The tive leads to solve these arsons and remove the fear. able Congress to amend section 247. These proximity in time and geographic re- Mr. KENNEDY. Mr. President, I ask findings, in conjunction with the extensive gion indicates the possibility that unanimous consent that a section-by- factual record that is being generated, are some of the fires are connected. Be- section analysis of the legislation be intended to ensure that the bill withstands cause of the potential of racial mo- constitutional scrutiny. printed in the RECORD. tives, and the possibility that some 2. Section 4: Loan Guarantees—The Senate There being no objection, the sec- fires may be connected, there has been bill contains a provision intended to assist tion-by-section analysis was ordered to victims in seeking to rebuild without run- an extraordinary degree of coordina- be printed in the RECORD, as follows: ning afoul of First Amendment establish- tion of the various investigations. We ment clause concerns. Under this provision. are always aware of the possibility FAIRCLOTH-KENNEDY CHURCH ARSON PREVENTION ACT HUD will have the authority to use up to that evidence and information devel- $5,000,000 from an existing fund to extend Section One: Short Title: This section oped in one investigation might pro- loan guarantees to financial institutions who notes that the bill may be cited as ‘‘The make loans to 501(c)(3) organizations that vide valuable leads in another. While Church Arson Prevention Act of 1996.’’ have been damaged as a result of an act of the targets, timing, and locations of 1. Sections Two and Three: Amendment to terrorism or arson. This provision does not the arsons have resulted in heightened Federal Criminal Code.—Title 18, United require an appropriation of additional funds States Code, Section 247, is one of the prin- attention to race/hate-based motives to HUD. It will simply give HUD the author- cipal federal statutes addressing destruction and possible connections, ATF must ity to use already existing funds in a new of religious property. Since its passage in also examine all other possible motives manner. The financial benefit derives 1988, this provision has been used once by for the fires. Motives can range from primiarly to the financial institution, which federal prosecutors, despite the hundreds of blatant racially motivated crimes to fi- now has the ability to make certain loans incidents of destruction or desecration of re- that it might now otherwise have considered. nancial profit to simply personal re- ligious property. (The one case involved the The House bill does not contain this provi- venge or vandalism. In any event, the murder of a cult member by another cult motive in one arson does not automati- sion. member.) The reason prosecutors do not use 3. Section 5: Additional Resources to cally speak to the motive in another the statute is because it contains jurisdic- ATF—ATF trains approximately 85-90% of arson or series of arsons. A conspiracy tional requirements that, as a practical mat- state and local law enforcement in how to in- was uncovered involving at least two ter, have been impossible to meet. vestigate suspicious fires. It has been very fires in South Carolina. We have not Specifically, section 247(b) contains a very difficult for state and local enforcement to yet found any evidence of an interstate high interstate commerce requirement, a re- keep pace with the recent spate of arsons. As quirement that is not constitutionally man- or national conspiracy, but until our a result, ATF has played a prominent role in dated, even after Lopez. The level of inter- these investigations. The bill contains au- work is done no motive or suspect will state commerce required under section 247(b) be eliminated. thorization language (Section 5) for ATF to is much higher than is required in other add investigators and technical support per- The Bureau of Alcohol, Tobacco and Fire- similar federal statutes, such as the arson sonnel to participate in these investigations, arms (ATF) is the arson investigative agency statute. and to train state and local law enforcement of the Federal government and we bring un- In addition, in cases of destruction of reli- with the necessary arson investigation skills paralleled expertise to fire investigations. gious property, there is a requirement that to enable them to conduct these difficult in- AFT derives its authority to investigate the damage exceed $10,000. The monetary re- vestigations. The House bill does not contain arson incidents, in part, from 18 U.S.C. Sec- quirement is arbitrary, and does not reflect this provision. tion 844(i) which makes it a Federal crime to the seriousness of many crimes. For exam- 4. Section 5: Additional Resources to Com- use explosives or fire to destroy property af- ple, there have been a number of very serious munity Relations Service—The Community fecting interstate commerce. The legislative cases involving skinheads firing gunshots Relations Service is the mediation/concilia- history of this law makes it clear that Con- into synagogues that could not be prosecuted tion arm of the Justice Department that was gress intended it to cover churches and syna- under this statute because the damage did created as part of the Civil Rights Act of gogues. The interstate nexus generally flows not exceed $10,000. 1964. Its mission is to go out in the commu- from national or international affiliations The upshot of these two requirements is nity to quell racial unrest through medi- that involve the movement of funds, prop- that section 247 is essentially useless because ation and conciliation. From working in erty, and other support services across State prosecutors cannot meet the unduly onerous Memphis following the death of Martin Lu- boundaries. jurisdictional requirements. The attached ther King to working in Los Angeles during Since January 1995, ATF has conducted bill (Section 3) addresses this problem by the Rodney King riots, the Community Rela- more than 2,600 fire investigations. During eliminating these unworkable jurisdictional tions Service has worked to calm commu- this same period, ATF has conducted 51 requirements and replacing them with a nities during our nation’s most tense mo- church fire investigations. Twenty-five of more sensible scheme that will expand the ments. CRS focuses on non-litigation ap- these investigations are arsons which oc- scope of a prosecutor’s ability to prosecute proaches to problem solving, and has earned curred at predominately African-American religious violence under section 247. The the respect of police chiefs and community churches in the Southeast. We are working monetary requirement is eliminated alto- leaders across the country. in concert with over 20 State and local law gether, and the interstate commerce require- In an unfortunate development, CRS had enforcement and fire agencies, as well as ment is replaced by a much more workable its budget cut in half (10 million to 5 million) with the FBI, the Civil Rights Division of framework that will enable prosecutors to during the 1996 appropriation cycle. Con- the Department of Justice, U.S. Attorneys’ prosecute church arsons, as well as other se- sequently, effective June 22nd, at a time offices, and local prosecutors. We have com- rious acts of religious violence, under this when their services are in great demand, mitted virtually every arson investigative statute. The House bill contains a very simi- CRS will be forced to lay off almost half its resource at our disposal to the investigation lar provision, and the Administration sup- staff, unless they get additional money. Sec- of the African-American church fires. Ap- ports this approach. tion 5 of the bill contains authorization lan- proximately 100 ATF special agents have The Senate bill pertaining to section 247 guage for CRS to receive such sums as are been assigned to the active investigations in contains two additional features that are not necessary to perform these essential serv- the Southeast. We have employed all of contained in the House bill. First, the Senate ices. It is Senator Kennedy’s hope that CRS ATF’s investigative resources, such as our bill conforms the penalty provisions of sec- ultimately will be funded at 1995 levels. The National Response Teams, Certified Fire In- tion 247 so that they are identical to the gen- House bill does not contain this provision. vestigators, and ATF-trained accelerant de- eral federal arson statute. Presently, if a de- 5. Section 6: Reauthorization of the Hate tecting canines to help process the crime fendant is prosecuted under the federal arson Crimes Statistics Act—Newspaper reports scenes. statute for the arson of a building in which give differing accounts of the number of Because of the potential of racial motives, nobody is injured, he faces a maximum pos- church fires that have occurred over the past and the possibility that some fires may be sible penalty of 20 years. However, if that two years. The inability to document the connected, there has been an extraordinary same person burns down a place of religious number of such incidents points to the need degree of coordination of the various inves- worship, and is prosecuted under section 247, to reauthorize the Hate Crimes Statistics tigations. A conspiracy was uncovered in- the maximum possible penalty is 10 years. Act permanently. volving at least two fires in South Carolina. Similarly, the statute of limitations for Section 7 contains a provision permanently We have not found any evidence so far of an prosecutions under the general federal arson reauthorizing the Hate Crimes Statistics S6526 CONGRESSIONAL RECORD — SENATE June 19, 1996 Act. Although the Senate has already passed lations, these current images of fires at tion with regard to continued progress a separate bill reauthorizing the HCSA, the churches in the early hours before in race relations is needed. House has not acted. Given the paucity of dawn are profoundly disturbing and There are some ways in which com- time remaining in this legislative term, it is disconcerting. This is not supposed to munities can be brought together be- imperative to pass the HCSA reauthorization as soon as possible. As a result, it has been happen in this day and age, not in the cause of these fires. White churches included in the Senate bill. South or anywhere in this country. should invite their black neighbors If you have any questions, feel free to con- Such incidents remind us that such who have lost their places of worship tact me at 224–4031. I hope your Senator will hatred is alive in the United States of to come and worship with them. Black consider co-sponsoring this proposal so that America and it is directed today at the and white churches should come to- the Senate can send a strong message to the very heart of these small, rural black gether in forming watches to prevent American public on this pressing issue. communities. We ask ourselves who these attacks in the future. Ministers— 6. Section 7: Sense of the Senate—Section would hate a group enough to burn its black and white—should speak force- 7 is a sense of the Senate resolution com- mending individuals and entities who have church, the spiritual and social center fully about racial equality and of the assisted financially, or offered to assist fi- of the community. The forces of evil importance of honoring houses of God nancially, in the rebuilding process. This res- are intentionally striking at the very and keeping them sacred. olution encourages the private section to soul of these communities by destroy- These rather small but common- continue these efforts. ing their most sacred and powerful sense acts of neighborliness and spir- 7. Section 8: Severability Provision.—This symbols. itual leadership could direct more at- clarifies the severability of all provisions of Last week, the President said: tention on where we are in terms of ra- this bill. ‘‘This country was founded on the premise cial attitudes and relations. It is sad Mr. KENNEDY. I think I have 2 min- of religious liberty. It’s how we got started that with all the progress we have utes left. I yield 2 minutes to the Sen- * * * It is the cruelest of all ironies that an made over the last few decades, these ator from Alabama for his comments. expression of bigotry in America that would kinds of terrorist acts still occur. Mr. THURMOND. Mr. President, may sweep this country is one that involves Throughout my career, I have striven I make an inquiry? Am I listed on that trashing religious liberty. to promote racial harmony in my State bill as cosponsor? I just want to find Most would agree that one of the and throughout the Nation. I am proud out. most logical institutions or symbols of the progress we have made. But, as Mr. KENNEDY. Senator FAIRCLOTH, I for bringing different people together my time in the Senate draws to a close, think, is indicating in the affirmative, would be a house of worship. What bet- I am, frankly, quite disheartened that Senator. ter venue could there be for transcend- these kinds of incidents are again Mr. FAIRCLOTH. Yes, the ones so far ing social and cultural division than plaguing our society. are Senator LOTT, Senator THURMOND, the spiritual setting provided by a While we do all in our power possible Senator WARNER, Senator D’AMATO, church? to stop these hate crimes, bring their Senator GRAMM, Senator Frist, and These fires are far more than an ex- perpetrators to justice, and encourage Senator COCHRAN. There are several pression of religious bigotry. The fact compliance with the law, we should others, and many more who are going that these small churches are so much also ask ourselves if there is more we to sign on, but you are listed, Senator more to the community than simply can do as individual communities to THURMOND. places of worship makes the expres- advance the causes of equal rights and Mr. KENNEDY. How much time do I sions of hatred even more egregious. racial harmony. So, Mr. President, I have remaining? They go beyond religion to the very es- support the Faircloth-Kennedy bill. I The PRESIDING OFFICER. The Sen- sence of racial hatred. We have to ask think it is an improvement over the ator has 3 minutes, 30 seconds. ourselves what kind of hatred could House bill. A lot of work has gone into Mr. KENNEDY. I yield 2 minutes to possibly motivate individuals to de- this. I think it approaches the situa- the Senator from Alabama. stroy these symbols of a community in tion with an investigatory device, to The PRESIDING OFFICER. The Sen- such a despicable manner. try to enhance the right of the FBI to ator from Alabama. As the Government searches for ways investigate these terrible acts that are Mr. HEFLIN. Mr. President, we re- to address this epidemic, including the occurring throughout our Nation. cently awoke once again to disturbing legislative efforts which I strongly sup- Senator PRYOR has asked me to add news that has become all-too-common- port, we have to look at the twin possi- his name to this. I am sure there will place. We were told that during the bilities of a conspiracy and the work of be others. I ask unanimous consent the night, additional southern black copycat arsonists. If it is a conspiracy, cosponsors’ names be allowed to be en- churches had been burned. These re- the work of one isolated group or tered for a period of time following cent church burnings came amidst groups fanning their hatred across the this. heightened national concern over the South, then our task is to find the per- The PRESIDING OFFICER. Without epidemic of such episodes throughout petrators and prosecute them to the objection, it is so ordered. the South. As each fire is reported, we fullest extent of the law. Some of the Mr. HEFLIN. Mr. President, I also cling to the hope that what we will evidence points to a conspiracy, such see this as an opportunity to bring fur- hear is that it was the result of an ac- as the timing of the fires—they have ther improvement in regard to race re- cident and not the work of some de- all occurred in the very early hours of lations. Yesterday I spoke with a group mented arsonist. The evidence, how- the morning, before day-light. As dis- of Methodist ministers. I told them ever, points away from the accidental turbing as it would be, it would be bet- this was an opportunity to extend a fire. ter for us as a country if the fires are hand of friendship to the black mem- As these hateful incidents continue the result of a conspiracy, the work of bers of churches that were destroyed, to occur with alarming regularity, we one group of individuals that does not to endeavor to try to work with them are reminded of some of the most ter- reflect the current sentiment in this to improve their lot in the agony they rible moments of the civil rights strug- region of the country. are suffering today. I think this is an gle of the 1960’s. Then, homes, busi- If, on the other hand, they are the re- opportunity. nesses, churches, and other property sult of copycats, which is more likely I do not know whether this is a con- was set afire in the dark of the night the case, then we are dealing with a so- spiracy or whether it is a copycat situ- by those who wanted to preserve the cietal disease. Addressing such a soci- ation. If it is a conspiracy, we should existing social order. Their goal was to etal ill is far more difficult and re- root out the perpetrators of this and intimidate and frighten those working quires a much different response that punish them. If it is a copycat situa- legally for the causes of equality and goes beyond basic law enforcement. At tion, then we have to try to work to re- integration. the same time, it provides us with an move the root cause. To those of us who remember those opportunity to reevaluate race rela- So, it is something I think the Amer- dark days and who applaud the tions in this country and to seek new ican people ought to be aware of, and progress which has been made in our ways to improve them. As these tragic that they ought to do everything they society since then in terms of race re- fires illustrate, some remedial atten- can to address these crimes. June 19, 1996 CONGRESSIONAL RECORD — SENATE S6527 I fully support this bill. It is a painful reminder of a time Mr. KERRY. Mr. President, I join my Mr. KENNEDY. Mr. President, I yield when hate and ignorance prevailed in colleagues to express concern and out- the remainder of our time. many parts of the country. The per- rage at the dastardly acts of hatred Mr. FAIRCLOTH. Mr. President, any petrators of these crimes must be and violence against black churches, time I have remaining I also yield caught and punished. They must know against good and decent people, people back. that our Nation will not tolerate or en- of faith with a strong sense of commu- The PRESIDING OFFICER. The Sen- courage these cowardly acts. Citizens nity. This legislation is a bipartisan ator from Georgia. around the country are outraged that statement that the United States Sen- Mr. NUNN. Mr. President, the Sen- places of worship—mostly in small ate is determined to bring this outrage ator from Massachusetts and the Sen- Southern towns—are being burned to to a halt. ator from North Carolina, have they the ground. Many of the churches are Make no mistake, those who have set completed their remarks and the intro- historic landmarks. Some were erected these churches ablaze have rekindled duction of their bill? over 100 years ago. our desire to stamp out bigotry and Mr. KENNEDY. I thank the Chair Black churches are the lifeblood in prejudice everywhere. There was a time and ranking minority member for small Southern communities—by burn- in America, not long ago, when many yielding for this purpose. We yield ing these churches the arsonists strike of us were involved in the Civil Rights back our time. at the very heart of the black commu- movement with men and women of Mr. NUNN. I congratulate both Sen- nity. But, all of us who worship and be- good will—white and black—who dem- ators on taking this step. I think there lieve in God are hurt by these church onstrated and marched for equal rights is nothing that is so discouraging and burnings; they strike everyone. and justice in the face of the worst heartbreaking than to see the burnings Faith built our country. We must kind of violence, hatred, and bigotry. that have taken place of churches begin building bridges to destroy the Black churches had long been a refuge across much of our country. plague of racism. It is the basis of our from prejudice and served as the sym- I congratulate both the Senator from Constitution that everyone has the bol of community for millions of Amer- Massachusetts and the Senator from freedom to worship wherever they icans who were the victims of blind in- North Carolina. Maybe we can get please. These fundamental freedoms tolerance that raged throughout this unanimous support for denouncing this must be protected from those who country. unexplainable and detestable series of would like to bully and intimidate We cannot and must not let the ha- acts. Whatever the cause, I think the peaceful, worshiping citizens. tred and ignorance of a few criminals, message should go out that the U.S. Nearly 40 churches have burned since arsonists, separatists, or supremacists Senate is firmly on record, both sides the beginning of the year. This is the turn back the clock on the progress we of the aisle, every political philosophy, worst kind of terrorism. It is reminis- have made toward racial equality. We deploring this kind of conduct. cent of a time when the Ku Klux Klan must, in this face of the haters, the So I congratulate both Senators for and other hate groups felt free to burn bigots, and the racists, strengthen our introducing this bill. I know it will re- crosses, lynch innocent blacks, and resolve to tear down the walls that di- ceive prompt and careful consideration burn churches. The current wave of vide us and stand together, shoulder- by the Senate and the respective com- church burnings has targeted remote, to-shoulder, in solidarity against intol- mittees. isolated places of worship in Southern erance and this kind of violent, de- Ms. MIKULSKI. Mr. President, I rise black communities. These arsonists structive, sociopathic behavior di- today to voice my strong condemna- sneak into the night to torch churches rected at our fellow citizens. tion of the rash of church burnings falsely believing they will not be Those who have committed these that have swept through the South. caught. We must not let these hate crimes have forgotten the lessons This is a national crisis. arsonists continue to commit their of history. They have forgotten or These acts of terrorism, which are acts without being punished. aimed solely at predominately black Our country will not tolerate this never learned what America went churches, strike at the very heart of kind of moral outrage and shame. Fed- through in the 1960s. They have forgot- what is sacred in our country—the eral prosecutors should be able to in- ten the faces on the bridge in Selma, right to freedom of religion and fun- vestigate and prosecute these criminals the burning bus of the Freedom Riders damental civil rights. Churches, to the fullest extent allowed by law. ablaze in Anniston, AL and the horrify- mosques, temples, and synagogues are Federal prosecution of those who are ing scene of demonstrators being sanctuaries where Americans enjoy the responsible for these fires at churches dragged from the bus and beaten. They freedom to worship. That is why these should be the highest national priority. have forgotten the image of ‘‘Bull’’ acts are truly repugnant, and I am out- We need to have the resources to go Connor ordering the use of police dogs raged that the arsons continue. after these criminals; a civilized soci- and fire hoses on demonstrators in Bir- Yesterday the Senate passed unani- ety cannot continue to have churches mingham. They have forgotten or mously a resolution expressing our being burned to the ground every other never learned the meaning of the assas- horror at these repugnant acts, and day. sination of Dr. King. These thugs are calling for rigorous investigation and It is encouraging that my Senate col- no different than the haters, cowards, prosecution of these crimes. I was leagues in a bipartisan fashion have and common criminals in white hoods proud to be a cosponsor of that resolu- come together to condemn the church who burned crosses in the middle of the tion. burnings. This is an issue that crosses night in a reign of terror against inno- But we can and must do more. That all racial and party lines. We need to cent people who sought only fairness, is why I am cosponsoring the bill intro- begin rebuilding—the churches across equal rights, and justice. duced by my colleagues, Senators KEN- the South and the moral fabric of our We can thank God that history NEDY and FAIRCLOTH, that will make it country. taught most of us a lesson. History has easier for the Federal Government to We must do all that we can to bring passed its own lesson on the cross- investigate and prosecute crimes in- these criminals to justice. We are all burners along with men like ‘‘Bull’’ volving the intentional destruction of the victims of the rash of church burn- Connor because of their racism, igno- churches. ings in our country. rance and cowardice. But now, years Our Nation has made tremendous I urge my colleagues to support the later, those who learned nothing from progress since the civil rights move- Kennedy-Faircloth bill. The legislation history, or those too young, too alone, ment in the 1960’s. Church burnings will give law enforcement officials the too desocialized, disinterested, or de- turn the clock back on the strides we tools they need to stop this terrible moralized to know better are burning have made since the 1960’s and bring epidemic. churches instead of crosses, and they shame to our great Nation. Our Nation We must come together to begin must be brought to justice. cannot tolerate the increasing number healing the racial wounds caused by As a nation and as one people united of black church arsons. The burnings the church fires. Racism and hatred in our constitutional, religious, and have reached epidemic proportions. have no place in our country. philosophical belief in equal justice S6528 CONGRESSIONAL RECORD — SENATE June 19, 1996 under the law, we cannot let the ac- race relations that we have made as a To get a good idea of the problem, tions of these criminals result in bit- nation. you need look no further than Otay terness, anger, or retaliation. We can- So today, I rise to cosponsor this leg- Mesa Road. not let them divide us. We must re- islation. And I urge my fellow Senators Just a few miles up the road is the member the words of Martin Luther to pass it rapidly an unanimously. Otay Mesa Port of Entry. Serving a King who said, Mr. D’AMATO. Mr. President, what border region of over 4 million people, ‘‘I’ve seen too much hate to want to hate has happened recently in this country it is the third-busiest truck crossing on myself, and I’ve seen hate on the faces of too is abominable and we have all heard the United States-Mexico border and many sheriffs, too many White Citizens the reports: yet another church, at- the only commercial crossing facility Councilors, and too many Klansmen of the tended by black parishioners, was linking San Diego and Tijuana. The South to want to hate, myself; and every torched in the South. The recent rash number of trucks crossing annually at time I see it, I say to myself: hate is too of arson attacks on black churches Otay Mesa has increased from 668,000 in great a burden to bear.’’ should put this country in fear; it has 1993 to more than 1.5 million today. Let Dr. King’s words be our lesson as to this Senator. Daily traffic is expected to double we find these criminals, bring them to These cases of arson are more than again by the year 2010. justice, and rally together for an end to the destruction of a structure; it is the The Otay Mesa Port is connected to hatred and intolerance in this Nation. destruction of the congregation and the U.S. Interstate Highway System by I commend the Senators who have the communities themselves. This is this one city street, which narrows to taken the leading roles in crafting the the time for this body, and for all this two lanes before reaching Interstate language on which we will be voting, Nation, to lend their support to these 905. Otay Mesa Road already carries and I urge my colleagues to support communities and these congregations traffic that is three times its design ca- the bill. for they have suffered a tremendous pacity. Mr. President, I yield the floor. loss. If we allow this to continue with In Imperial County the situation is Mr. KOHL. Mr. President, I rise to impunity in America, what protection similar, if slightly less intense. The cosponsor the Church Arson Protection do any of us have? Calexico/Mexicali Port of Entry serves Act of 1996 introduced today by Sen- The reporting of over 30 church burn- a regional population of 1 million. The ators KENNEDY and FAIRCLOTH. ing in 18 months indicates the need for border crossing opens on to a two-lane Since the beginning of this year, a se- a swift and just response. The respon- road with no shoulders, which is ex- ries of fires have swept our country. sible parties must be caught and pros- pected to carry truck, car and bus traf- More than 30 predominantly African- ecuted to the fullest extent of the law. fic through the heart of Calexico. American churches in the southeast These malicious burnings must end and Between Otay Mesa and Calexico, have been burned. Not all of the fires end now. construction is beginning on a new have been set by people filled with ra- Federal border port of entry at Tecate. cial hatred. But many have. And even By Mrs. BOXER (for herself and The U.S. Department of Transpor- one is too much. Mr. BINGAMAN): tation is providing no direct funding to Passing this measure is the least we S. 1891. A bill to establish sources of link any of these stations with the re- can do to address this problem. With funding for certain transportation in- gional road networks. this new law, we send a clear message frastructure projects in the vicinity of The California Transportation Com- to every person who is thinking of set- the border between the United States mission recently approved shifting $244 ting fire to a place of worship: we will and Mexico that are necessary to million from other transportation catch you. If you think that any accomodate increased traffic resulting projects in the State to the border re- church is small and remote, think from the implementation of the North gion as a down payment on about $1 again. No church is too small or re- American Free Trade Agreement, in- billion in needed infrastructure im- mote for us not to care about it. If you cluding construction of new Federal provements to serve commercial vehi- think that you can burn all of the evi- border crossing facilities, and for other cle traffic crossing the California-Mex- dence, think again. We will find the purposes; to the Committee on Envi- ico border. evidence. If you think that no one ronment and Public Works. The State of California is doing its cares if you burn a church used by Afri- THE BORDER INFRASTRUCTURE, SAFETY, AND share. Now, State transportation offi- can Americans, think again. This Na- CONGESTION RELIEF ACT OF 1996 cials are demanding Federal assist- tion condemns your actions. Mrs. BOXER. Mr. President, I rise ance—over and above the State’s cur- In the last few months, the FBI, the today to introduce the Border Infra- rent Federal highway funding—to help Bureau of Alcohol, Tobacco and Fire- structure, Safety and Congestion Relief pay for these border improvements. arms, and State and local law enforce- Act of 1996 with Senator BINGAMAN of That is why Senator BINGAMAN and I ment have vigorously investigated the New Mexico. are introducing the Border Infrastruc- fires in our churches. They have made When the Senate debated the North ture, Safety and Congestion Relief Act numerous arrests and have leads on American Free Trade Agreement, I op- of 1996. many other cases. posed it on the grounds that the United Our bill provides a two-level system Despite this progress, the news of States was unprepared for its impact for Federal assistance to fund the these fires is genuinely disturbing and on our environment, infrastructure, States’ top-priority border infrastruc- perplexing. How could anyone do such and labor relations. In fact our Mexi- ture projects: a heinous thing? How could anyone can border States face trying to handle First, it establishes a $500 million burn a church and feel proud of their the increased traffic from NAFTA in Border Infrastructure Trust Fund to actions? No one who is truly commit- less time than it takes to design, re- provide grants by the Secretary of ted to the principles of our country view and construct major highway Transportation to the States in order could do this. This Nation was founded projects. to pay for new or upgraded connections on tolerance and respect for religious Now that NAFTA is a reality, how- to the National Highway System. worship. And the greatest battle of our ever, I am determined to make it work States could also be reimbursed for country’s short life has been fought for to California’s best advantage. projects that have begun any time the principle of racial tolerance. Whatever its shortcomings, NAFTA since 1994, when NAFTA was imple- Many people may say that these fires has increased trade across our borders. mented. This means that California are a blow aimed at racial and religious However, this trade boom now threat- would not be penalized for putting its equality. And they are. But they are ens to overwhelm residents and busi- State money up early to prepare for feeble and small swats. We will rebuild nesses in the border region of San NAFTA with projects such as the new the burned churches; we will condemn Diego and Imperial Counties. In Cali- inspection station at Otay Mesa. the bigots who started the fires; and fornia’s border community of Otay We also allow provide up to $10 mil- with this law, we will help assure that Mesa, my colleagues, you can see that lion, if needed, for the Attorney Gen- punishment is swift, sure, and severe. the new global economy is choking old eral to use to provide transportation These fires cannot undo the progress in city streets. improvements for the Border Patrol June 19, 1996 CONGRESSIONAL RECORD — SENATE S6529 and other law enforcement agencies. I (1) although the United States Customs the cost of a project. The Federal share shall believe that we should do more at the Service has collected increased duties, mer- be 80 percent. border to deter drug smuggling and il- chandise fees, and revenues from other com- (2) ALLOCATION AMONG STATES.— legal immigration. My bill will provide merce-related activities because of the ap- (A) IN GENERAL.—For each of fiscal years proval and implementation of the North 1998 through 2001, the Secretary shall allo- important help in funding access roads, American Free Trade Agreement, these in- cate amounts remaining in the Fund, after lighting, and other transportation im- creased revenues have not been accompanied any transfers under section 5, among border provements needed by our Federal law by Federal funding for improving transpor- States in accordance with an equitable for- enforcement agencies. tation facilities along the international bor- mula established by the Secretary in accord- The second part of our bill would au- ders of the United States to ensure the free ance with subparagraphs (B) and (C). thorize Federal loan guarantees to as- and safe flow of trade destined for all States (B) CONSIDERATIONS.—Subject to subpara- sist the States in financing major con- and regions of the United States; graph (C), in establishing the formula, the struction of high-cost, revenue-produc- (2) because of NAFTA, all 4 States along Secretary shall consider— ing projects, such as toll roads. The as- the United States-Mexico border will require (i) the annual volume of international significant investments in highway infra- commercial vehicle traffic at the ports of sistance is provided through the State structure capacity and motor carrier safety entry of each border State as compared to Infrastructure Bank pilot program, es- enforcement at a time when border States the annual volume of international commer- tablished under the National Highway face extreme difficulty in meeting current cial vehicle traffic at the ports of entry of all System Designation Act of 1995. Our highway funding needs; border States, based on the data provided in bill, however, would authorize new (3) the full benefits of increased inter- the most recent report submitted under sec- Federal funds to finance border infra- national trade can be realized only if delays tion 8; structure projects. at the borders are significantly reduced; and (ii) the percentage by which international The final part of the bill authorizes (4) the increased revenues to the general commercial vehicle traffic in each border Federal assistance to railroad projects fund of the Treasury described in paragraph State has grown during the period beginning (1) should be sufficient to provide Federal on the date of enactment of the North Amer- in the border region which are inter- funding for transportation improvements re- ican Free Trade Agreement Implementation modal and will provide traffic conges- quired to accommodate NAFTA-generated Act (Public Law 103–182) as compared to that tion relief by providing a rail alter- traffic, in an amount above and beyond regu- percentage for each other border State; and native for freight shipments. These lar Federal transportation funding appor- (iii) the extent of border transportation loan guarantees for railroad improve- tionments. improvements carried out by each border ments would be provided under the SEC. 3. DEFINITIONS. State during the period beginning on the Railroad Revitalization and Regu- In this Act: date of enactment of the North American latory Reform Act of 1976. (1) BORDER REGION.—The term ‘‘border re- Free Trade Agreement Implementation Act This assistance is critical to San gion’’ means the region located within 60 (Public Law 103–182). miles of the United States border with Mex- (C) MINIMUM ALLOCATION.—Each border Diego’s efforts to reopen the eastern ico. State shall receive not less than 5 percent of extension of the San Diego & Arizona (2) BORDER STATE.—The term ‘‘border the amounts made available to carry out Eastern Railway. Extending this rail- State’’ means California, Arizona, New Mex- this section during the period of authoriza- road across southeastern California ico, and Texas. tion under subsection (i). will provide a critical link to the U.S. (3) FUND.—The term ‘‘Fund’’ means the (f) ELIGIBILITY FOR REIMBURSEMENT FOR national rail network. By providing Border Transportation Infrastructure Fund PREVIOUSLY COMMENCED PROJECTS.—The Sec- fast and efficient service to new mar- established under section 4(g). retary shall make a grant under this section to a border State that reimburses the border kets throughout Mexico, it is also San (4) NAFTA.—The term ‘‘NAFTA’’ means the North American Free Trade Agreement. State for a project for which construction Diego’s best opportunity to take ad- (5) SECRETARY.—The term ‘‘Secretary’’ commenced after January 1, 1994, if the vantage of NAFTA. Trade with Mexi- means the Secretary of Transportation. project is otherwise eligible for assistance co’s interior offers the San Diego re- SEC. 4. DIRECT FEDERAL ASSISTANCE FOR BOR- under this section. gion its greatest opportunity to take DER CONSTRUCTION AND CONGES- (g) BORDER TRANSPORTATION INFRASTRUC- full advantage of NAFTA. But this can- TION RELIEF. TURE FUND.— (1) ESTABLISHMENT.—There is established not happen without good, dependable (a) IN GENERAL.—Using amounts in the Fund, the Secretary shall make grants under in the Treasury of the United States the Bor- rail service. this section to border States that submit an der Transportation Infrastructure Fund to In today’s post-cold-war global mar- application that demonstrates need, due to be used in carrying out this section, consist- ketplace, the competition is economic. increased traffic resulting from the imple- ing of such amounts as are appropriated to America’s place in the world will be de- mentation of NAFTA, for assistance in car- the Fund under subsection (i). termined largely by our ability to rying out transportation projects that are (2) EXPENDITURES FROM FUND.— produce and market goods and services necessary to relieve traffic congestion or im- (A) IN GENERAL.—Subject to subparagraph and deliver them efficiently into that prove enforcement of motor carrier safety (B), upon request by the Secretary, the Sec- global marketplace. laws. retary of the Treasury shall transfer from I have been working with the San (b) GRANTS FOR CONNECTORS TO FEDERAL the Fund to the Secretary such amounts as BORDER CROSSING FACILITIES.—The Secretary the Secretary determines are necessary to Diego House delegation, local elected shall make grants to border States for the make grants under this section and transfers officials, and members of the commu- purposes of connecting, through construc- under section 5. nity to make Washington pay much tion or reconstruction, the National High- (B) ADMINISTRATIVE EXPENSES.—An amount greater attention to our infrastructure way System designated under section 103(b) not exceeding 1 percent of the amounts in needs at the border. The San Diego As- of title 23, United States Code, with Federal the Fund shall be available for each fiscal sociation of Governments, the four- border crossing facilities located in the Unit- year to pay the administrative expenses nec- State Border Trade Alliance business ed States in the border region. essary to carry out this section. (c) GRANTS FOR WEIGH-IN-MOTION DEVICES (h) APPLICABILITY OF TITLE 23.—Title 23, group and the Greater San Diego IN MEXICO.—The Secretary shall make grants United States Code, shall apply to grants Chamber of Commerce have endorsed to assist border States in the purchase, in- made under this section. my legislation. stallation, and maintenance of weigh-in-mo- (i) AUTHORIZATION OF APPROPRIATIONS.— I ask unanimous consent that the bill tion devices and associated electronic equip- There are authorized to be appropriated to be printed in the RECORD. ment that are to be located in Mexico if real the Fund to carry out this section and sec- There being no objection, the bill was time data from the devices is provided to the tion 5 $125,000,000 for each of fiscal years 1998 ordered to be printed in the RECORD, as nearest United States port of entry and to through 2001. The appropriated amounts follows: State commercial vehicle enforcement facili- shall remain available for obligation until ties that serve the port of entry. the end of the third fiscal year following the S. 1891 (d) GRANTS FOR COMMERCIAL VEHICLE EN- fiscal year for which the amounts are appro- Be it enacted by the Senate and House of Rep- FORCEMENT FACILITIES.—The Secretary shall priated. resentatives of the United States of America in make grants to border States to construct, SEC. 5. CONSTRUCTION OF TRANSPORTATION IN- Congress assembled, operate, and maintain commercial vehicle FRASTRUCTURE FOR LAW ENFORCE- SECTION 1. SHORT TITLE. enforcement facilities located in the border MENT PURPOSES. This Act may be cited as the ‘‘Border In- region. At the request of the Attorney General, frastructure Safety and Congestion Relief (e) LIMITATIONS ON EXPENDITURES OF the Secretary may transfer, during the pe- Act of 1996’’. FUNDS.— riod consisting of fiscal years 1998 through SEC. 2. FINDINGS. (1) COST SHARING.—A grant under this sec- 2001, up to $10,000,000 of the amounts from Congress finds that— tion shall be used to pay the Federal share of the Fund to the Attorney General for the S6530 CONGRESSIONAL RECORD — SENATE June 19, 1996 construction of transportation infrastruc- cost of the public or private entity that may tobacco-related illnesses, and for other ture necessary for law enforcement in border be financed under this subsection. purposes; to the Committee on Fi- States. ‘‘(6) INTEREST RATE AND REPAYMENT PE- nance. SEC. 6. BORDER INFRASTRUCTURE INNOVATIVE RIOD.—Any draw on a line of credit under THE TOBACCO MEDICAID RECOVERY ACT OF 1996 FINANCING. this subsection shall— (a) PURPOSES.—The purposes of this section ‘‘(A) accrue, beginning on the date the Mr. LAUTENBERG. Mr. President, I are— draw is made, interest at a rate equal to the rise to introduce the Tobacco Medicaid (1) to encourage the establishment and op- current (as of the date the draw is made) Recovery Act, along with Senator eration of State infrastructure banks in ac- market yield on outstanding, marketable ob- WELLSTONE. cordance with section 350 of the National ligations of the United States with matu- This bill will create a new Federal/ Highway System Designation Act of 1995 (109 rities of 30 years; and ‘‘(B) shall be repaid within a period of not State partnership to help recover Med- Stat. 618; 23 U.S.C. 101 note); and icaid costs associated with tobacco use. (2) to advance transportation infrastruc- more than 30 years. ture projects supporting international trade ‘‘(7) RELATIONSHIP TO STATE APPORTION- Mr. President, for years, the tobacco and commerce. MENT.—Funds made available to States to industry has hooked Americans on (b) FEDERAL LINE OF CREDIT.—Section 350 carry out this subsection shall be in addition products that cause death and disease. of the National Highway System Designation to funds apportioned to States under section They’ve made billions of dollars in the Act of 1995 (109 Stat. 618; 23 U.S.C. 101 note) 104 of title 23, United States Code.’’. process. But they’ve never been held is amended— SEC. 7. RAILROAD REHABILITATION AND IM- accountable. PROVEMENT PROGRAM. (1) by redesignating subsection (l) as sub- When big tobacco sells it’s deadly section (m); and (a) PURPOSE.—The purpose of this section (2) by inserting after subsection (k) the fol- is to provide assistance for freight rail products, all Americans pay the price. lowing: projects in border States that benefit inter- Not only through the mothers and fa- ‘‘(l) FEDERAL LINE OF CREDIT.— national trade and relieve highways of in- thers, sisters and brothers who are lost ‘‘(1) DEFINITIONS.—In this subsection, the creased traffic resulting from NAFTA. to lung cancer and other diseases. But terms ‘border region’ and ‘border State’ have (b) ISSUANCE OF OBLIGATIONS.—The Sec- through the higher taxes that must be the meanings provided in section 3 of the retary shall issue to the Secretary of the paid to support programs like Medic- Border Infrastructure Safety and Congestion Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization aid. Relief Act of 1996. Mr. President, 10 courageous states ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— and Regulatory Reform Act of 1976 (45 U.S.C. There is authorized to be appropriated from 832), in such amounts, and at such times, as are suing the tobacco industry for the the general fund of the Treasury $100,000,000 may be necessary to— large Medicaid costs associated with to be used by the Secretary to make lines of (1) pay any amounts required pursuant to tobacco use. There are two other credit available to— the guarantee of the principal amount of an states, including New Jersey, that will ‘‘(A) border States that have established obligation under section 511 of the Act (45 soon file suit and 10 others that may infrastructure banks under this section; and U.S.C. 831) for any eligible freight rail file before the summer is out. These ‘‘(B) the State of New Mexico which has es- project described in subsection (c) during the period that the guaranteed obligation is out- suits enjoy bipartisan support from tablished a border authority that has bond- Democratic and Republican governors ing capacity. standing; and and Democratic and Republican state ‘‘(3) AMOUNT.—The line of credit available (2) during the period referred to in para- to each participating border State shall be graph (1), meet the applicable requirements attorney generals. In fact, I was equal to the product of— of this section and sections 511 and 513 of the pleased to be joined this morning in ‘‘(A) the amount appropriated under para- Act (45 U.S.C. 832 and 833). unveiling this legislation with Mike graph (2); and (c) ELIGIBILITY.—Assistance provided under Moore, attorney general from Mis- this section shall be limited to those freight ‘‘(B) the quotient obtained by dividing— sissippi, Hubert ‘‘Skip’’ Humphrey, at- ‘‘(i) the contributions of the State to the rail projects located in the United States that provide intermodal connections that en- torney general from Minnesota, and Highway Trust Fund during the latest fiscal Bob Butterworth, attorney general year for which data are available; by hance cross-border traffic in the border re- ‘‘(ii) the total contributions of all partici- gion. from Florida. They are all leaders in pating border States to the Highway Trust (d) LIMITATION.—Notwithstanding any suing the tobacco industry for Medic- Fund during that fiscal year. other provision of law, the aggregate unpaid aid costs and strongly support this leg- principal amounts of obligations that may be ‘‘(4) USE OF LINE OF CREDIT.—The line of islation. The Minnesota suit is being credit under this subsection shall be avail- guaranteed by the Secretary under this sec- supported by its Republican Governor, tion may not exceed $100,000,000 during any able to provide Federal support in accord- Arne Carlson, and the Florida suit is ance with this subsection to— of fiscal years 1998 through 2001. (e) AUTHORIZATION OF APPROPRIATIONS.— being supported by its Democratic Gov- ‘‘(A) a State infrastructure bank engaged ernor, our former colleague Lawton in providing credit enhancement to credit- There are authorized to be appropriated to worthy eligible public and private make loan guarantees under this section Chiles. multimodal projects that support inter- $10,000,000 for each of fiscal years 1998 Mr. President, the tobacco industry national trade and commerce in the border through 2001. is fighting hard to avoid being held ac- region; and SEC. 8. REPORT. countable. It doesn’t just use every ‘‘(B) the New Mexico Border Authority; (a) IN GENERAL.—The Secretary shall annu- hardball legal tactic in the book. It has (each referred to in this subsection as a ‘bor- ally submit to Congress and the Governor of even sent its hired guns into state at- der infrastructure bank’). each border State a report concerning— (1) the volume and nature of international torney generals’ offices to intimidate ‘‘(5) LIMITATIONS.— them. ‘‘(A) IN GENERAL.—A line of credit under commercial vehicle traffic crossing the bor- this subsection may be drawn on only— der between the United States and Mexico; In one case, a state official was ‘‘(i) with respect to a completed project de- and warned not to sue the industry—and if scribed in paragraph (4) that is receiving (2)(A) the number of international com- the state did, the industry would force credit enhancement through a border infra- mercial vehicle inspections conducted by the state to pay enormous sums—in- structure bank; each border State at each United States port cluding the possible deposition of every ‘‘(ii) when the cash balance available in the of entry; and (B) the rate of out-of-service violations of single Medicaid recipient in that state. border infrastructure bank is insufficient to Mr. President, the courageous states, pay a claim for payment relating to the international commercial vehicles found project; and through the inspections. like Mississippi, Minnesota and Flor- ‘‘(iii) when all subsequent revenues of the (b) INFORMATION PROVIDED BY UNITED ida, who have taken on the tobacco project have been pledged to the border in- STATES CUSTOMS SERVICE.—For the purpose companies deserve more Federal sup- frastructure bank. of preparing each report under subsection port—because they are doing the Fed- (a)(1), the Commissioner of Customs shall ‘‘(B) THIRD PARTY CREDITOR RIGHTS.—No eral taxpayers’ bidding. If they are suc- third party creditor of a public or private en- provide to the Secretary such information cessful in their litigation, they must tity carrying out a project eligible for assist- described in subsection (a)(1) as the Commis- sioner has available. return the Federal portion of Medicaid ance from a border infrastructure bank shall funds to Washington. The Federal gov- have any right against the Federal Govern- ment with respect to a line of credit under By Mr. LAUTENBERG (for him- ernment should be helping them get this subsection, including any guarantee self and Mr. WELLSTONE): this money, not sitting on its hands. that the proceeds of a line of credit will be S. 1892. A bill to reward States for This legislation would allow the available for the payment of any particular collecting Medicaid funds expended on states to keep a third of the Federal June 19, 1996 CONGRESSIONAL RECORD — SENATE S6531 portion to better serve the needs of under the medicaid program for the treat- Pursuant to the Medicaid statute and their Medicaid recipients—their sen- ment of individuals with diseases attrib- other legal interpretations, states must re- iors, disabled, poor children and preg- utable to the use of tobacco products by pro- turn the Federal Medicaid share of any nant women. viding increased funding for their medicaid award to the Federal government. programs and to provide increased resources States should be rewarded for their efforts Another third of the Federal share to the National Institutes of Health. to recoup Federal tax dollars. would go to the National Institutes of SEC. 3. INCENTIVE PAYMENTS FOR COLLECTION This bill will do the following: Health to conduct research on the dis- OF MEDICAID FUNDS EXPENDED ON Upon a settlement or a jury award between eases caused by tobacco products, like TOBACCO-RELATED ILLNESSES. a state and a tobacco company, the Federal lung cancer and heart disease. (a) FINANCIAL REWARD FOR SUCCESSFUL RE- government shall return 33 percent of the Finally, the balance would go into COVERIES.—Section 1903(d) of the Social Se- Federal share of the award to the states to the Federal Treasury to help reduce curity Act (42 U.S.C. 1396b(d)) is amended by be used in their Medicaid programs. adding at the end the following new para- Another 33 percent of the Federal share the deficit. shall be placed in an NIH Trust Fund to be Currently, many states are sitting on graph: ‘‘(7)(A) Notwithstanding any other provi- used for research on lung cancer, heart dis- the fence, thinking how difficult and sion of law, if a State recovers, by judgment ease and other illnesses. expensive it will be to sue the tobacco in, or settlement of, any suit arising under The final 34 percent of the Federal share industry. This bill may get them off Federal or State law, amounts expended as shall be used for deficit reduction. the fence, and into battle with the in- medical assistance under the State plan for dustry. the treatment of individuals with diseases By Mrs. FEINSTEIN: Mr. President, it is time for the Fed- attributable to the use of tobacco products, S. 1893. A bill to provide for the set- eral government to help states get the from a manufacturer of tobacco products, tlement of issues and claims related to taxpayers’ money back. It is time to the State shall notify the Secretary of the the trust lands of the Torres-Martinez amount of such recovery. Upon receipt of reward the states for trying to hold the Desert Cahuilla Indians, and for other such a notice, the Secretary shall determine purposes; to the Committee on Indian tobacco companies accountable, and the amount of Federal expenditures under provide an incentive for those consider- this title that are attributable to the Affairs. ing entering the fray. amounts recovered, based on the Federal THE TORRES-MARTINEZ SETTLEMENT This bill could provide states with medical assistance percentage, as defined in AGREEMENT ACT OF 1996 millions in much needed Medicaid section 1905(b), for such State. The Secretary Mrs. FEINSTEIN. Mr. President, funds. It could increase funding for the shall treat the amount so determined as an today I rise to introduce legislation National Institutes of Health. And it overpayment under this section, in accord- that will ratify the settlement agree- will not increase the deficit. ance with paragraph (2)(A), and with respect ment negotiated by the U.S. Depart- to such amount shall do the following: I urge my colleagues on both sides of ments of the Interior and Justice, Im- ‘‘(i) Provide that the State shall retain 1⁄3 the aisle to support this common sense of such amount, for the purpose of using such perial Irrigation Water District, legislation that will help our state tax- funds to meet the non-Federal share of ex- Coachella Valley Water District, and payers. penditures under the State plan with respect the Torres-Martinez Desert Cahuilla Mr. President, I ask unanimous con- to which payments may be made under this Indian Tribe. This settlement agree- sent the text of the legislation and a title. ment resolves a long standing dispute summary of it be printed in the ‘‘(ii) Pay 1⁄3 of such amount to the Director to replace reservation lands the Torres- of the National Institutes of Health, for the RECORD. Martinez Tribe lost due to flooding There being no objection, the mate- purpose of conducting disease research. from the Salton Sea. ‘‘(B) Any amount of new budget authority rial was ordered to be printed in the or outlays resulting from the provisions of In 1876, the Torres-Martinez Indian RECORD, as follows: this paragraph shall not be counted for any Reservation was created by a 640-acre S. 1892 purpose under section 251 or 252 of the Bal- section of land in Coachella Valley, Be it enacted by the Senate and House of Rep- anced Budget and Emergency Deficit Control California at the northern end of the resentatives of the United States of America in Act of 1985. Salton Sink. The Reservation was ex- Congress assembled, ‘‘(C) For purposes of this paragraph— panded in 1891 adding approximately SECTION 1. SHORT TITLE. ‘‘(i) the term ‘manufacturer of tobacco 12,000 acres to the original 640-acre res- This Act may be cited as the ‘‘Tobacco products’ has the meaning given such term ervation. Between 1905 and 1907, flood Medicaid Recovery Act of 1996’’. by section 5702(d) of the Internal Revenue Code of 1986; and waters of the Colorado River filled the SEC. 2. FINDINGS AND PURPOSE. ‘‘(ii) the term ‘tobacco products’ has the Salton Sink, creating the Salton Sea, (a) FINDINGS.—The Congress finds the fol- meaning given such term by section 5702(c) inundating approximately 2,000 acres of lowing: (1) Federal taxpayers pay for approxi- of such Code.’’. the reservation lands. In 1909, an addi- mately $20,000,000,000 each year in Federal (b) CONFORMING AMENDMENT.—Section tional 9,000 acres of land were then sub- health expenditures to treat tobacco-related 1902(a) (42 U.S.C. 1396a(a)) is amended— merged under the Salton Sea. illnesses, including expenditures incurred (1) by striking ‘‘and’’ at the end of para- Today, the federal government holds under the medicare and medicaid programs graph (61); 25,000 acres of the reservation in trust operated under titles XVIII and XIX of the (2) by striking the period at the end of paragraph (62) and inserting ‘‘; and’’; and for the Tribe. Of this parcel, 11,800 Social Security Act, health care programs acres is either currently under water or carried out by the Secretary of Veterans Af- (3) by inserting after paragraph (62) the fol- lowing new paragraph: has been condemned as uninhabitable fairs under chapter 17 of title 38, United due to runoff and drainage water from States Code, and other Federal health care ‘‘(63) provide that the State shall provide programs. These expenditures often contrib- prompt notice to the Secretary of the the irrigation systems of the Imperial, ute to an increase in the Federal budget defi- amount of any recovery from a manufacturer Coachella, and Mexicali Valleys into cit. of tobacco products, as defined in section the Salton Sea. Since 1982, the United (2) According to the Centers for Disease 1903(d)(7)(C)(i), of expenditures for medical States government, acting for the assistance provided under such plan for the Control and Prevention, tobacco-related ill- Tribe, has been negotiating with the nesses cost the medicaid program under title treatment of individuals with diseases at- tributable to the use of tobacco products, as Imperial and Coachella Valley Water XIX of the Social Security Act $5,100,000,000 Districts to compensate the Tribes for each year. defined in section 1903(d)(7)(C)(ii).’’. (3) The efforts of several States that are (c) EFFECTIVE DATE.—The amendments the loss of their reservation lands. attempting under Federal law, including in made by subsections (a) and (b) shall apply In the settlement agreement, the some cases, under the Federal anti-rack- to amounts recovered on and after the date Torres-Martinez Indian Tribe will re- eteering statutes, or under State law, to re- of the enactment of this Act. ceive $14 million: $10 million from the cover the health care costs incurred under U.S. government and $4 million from the medicaid program for the treatment of LAUTENBERG BILL TO REWARD STATES FOR the water districts. From these funds, individuals with diseases attributable to the RECOUPING MEDICAID EXPENDITURES FOR TOBACCO-RELATED ILLNESSES the Tribe can acquire and take into use of tobacco products from the manufac- trust 11,800 acres of land. Of these par- turers of such products, are to be com- This legislation recognizes the following: mended. States who sue the tobacco industry for cels, 11,160 must be contiguous to exist- (b) PURPOSE.—The purpose of this Act is to Medicaid costs face tremendous expenses, in- ing reservation land. The Tribe can ac- reward States that successfully recover the timidation and extraordinary legal tactics quire the remaining 640 acres within Federal and State health care costs incurred from the tobacco industry. the Coachella Valley only if the local S6532 CONGRESSIONAL RECORD — SENATE June 19, 1996 governing body or Riverside County Justification: The accidental creation of tion and request that you sponsor this legis- does not object. The Tribe’s right to the Salton Sea in 1905–1907 resulted in ap- lation in the Senate. conduct gaming on lands taken into proximately 12,000 acres of Torres-Martinez Yours very truly, trust is limited and restricted to one Indian Tribal lands in the southeastern TOM LEVY, Coachella Valley being either underwater or General Manager-Chief Engineer. gaming operation on one site. unusable. There has been litigation since In return, the irrigation districts 1982 by the Federal Government on behalf of IMPERIAL IRRIGATION DISTRICT, would be granted a permanent flowage the Tribe against Coachella Valley Water Imperial, CA, June 14, 1996. easement over tribal and Federal lands District and Imperial Irrigation District, and Hon. DIANNE FEINSTEIN, within the minus 220 foot contour of the Tribe itself filed litigation in 1991. In ad- U.S. Senate, Hart Senate Office Building, the Salton Sink. dition to the issue of compensation to the Washington, DC. The settlement of this land dispute Tribe, the completion of Highway 86 is also DEAR SENATOR FEINSTEIN: I sincerely ap- has been a major concern for many at risk, as the alignment and construction of preciate your consideration of our request to years. It has taken more than ten years the highway is contingent on right-of-way on carry the Senate companion bill to authorize for all parties involved to reach a con- existing Tribal lands. the Torres-Martinez land claims settlement. The attached draft legislation has been de- sensus on the settlement agreement. The text of the Torres-Martinez settlement veloped in consultation with all parties, and legislation (introduced in the House by Rep. There have been competing interests I am advised that all are in agreement with and priorities for everyone involved, Bono as H.R. 3640) accurately and completely its provisions. It provides the Tribe with implements the settlement agreement. We including completion of the construc- funds to acquire 12,000 acres, either in en- therefore support enactment of this legisla- tion of the Route 86 Expressway tirety in the ‘‘primary’’ acquisition area (Av- tion and request that you sponsor this legis- project. enue 56, also known as Airport Blvd., south lation in the Senate. All parties involved in negotiating to the Riverside/Imperial County line) which Again, thank you for your assistance. this settlement agreement have is adjacent to existing Tribal lands, or up to Sincerely, 640 acres (out of the total 12,000) in the ‘‘sec- worked hard to reach a consensus to ERIC E. YODER, ondary’’ acquisition area (the remainder of Government Relations. implement this agreement. The Tribe the Coachella Valley, generally from Desert has agreed to give local communities Hot Springs southeast to Avenue 56). the right to veto its purchase of land Finally, the legislation authorizes the THE TORRES MARTINEZ and Riverside County has passed a res- Tribe to establish a single gaming site, and DESERT CAHUILLA INDIANS, Thermal, CA, June 14, 1996. olution in support of this settlement provides land use jurisdiction within the sec- Hon. DIANNE FEINSTEIN, agreement. Moreover, construction of ondary acquisition area with the ability to protest acquisition/conversion of land to Senate Hart Office Building, Route 86 will progress. Washington, DC. I commend the Departments of the Tribal status within 60 days of being notified of the Tribe’s intent. DEAR SENATOR FEINSTEIN: The text of the Interior and Justice, the Coachella and County Counsel worked directly with Con- Torres-Martinez settlement legislation (in- Imperial Water Districts, and the gressman Bono’s staff in development of the troduced by Rep. Bono in the House as H.R. Torres-Martinez Tribe for remaining draft legislation, and I urge the Board’s sup- 3640) accurately and completely implements committed to resolving this issue. port of this proposed settlement. the settlement agreement. We therefore sup- Mr. President, I ask unanimous con- ROY WILSON. port enactment of this legislation and re- sent that the resolution passed by Riv- quest that you sponsor this legislation in the Senate. erside County in support of the agree- BAYH, CONNAUGHTON & MALONE, P.G. We thank you for all of your assistance. ment and correspondence I have re- Washington, DC, June 14, 1996. Hon. DIANNE FEINSTEIN, Sincerely, ceived from the Water Districts and Senate Hart Office Building, MARY E. BELARDO, the Torres-Martinez Tribe indicating Washington, DC. Chairperson. the accuracy of this legislation in com- DEAR SENATOR FEINSTEIN: I would like to pletely implementing the settlement transmit correspondence from Coachella LAW OFFICES OF agreement, be printed in the RECORD Valley Water District, the Imperial Irriga- THOMAS E. LUEBBEN, following my remarks. tion District and the Torres-Martinez Desert Albuquerque, NM, June 14, 1996. The PRESIDING OFFICER. Without Cahuilla Indians regarding the Torres-Mar- Attention: Mia Ellis. objection, it is so ordered. tinez settlement legislation (H.R. 3640). Re Torres-Martinez settlement legislation, For the past four years, on behalf of the H.B. 3640. (See Exhibit 1.) water districts and in full cooperation with Hon. DIANNE FEINSTEIN, Mrs. FEINSTEIN. Mr. President, the Tribe, I have assisted in facilitating this Congressman Sonny Bono introduced Senate Hart Office Building, settlement through the Departments of the Washington, DC. identical legislation last Thursday and Interior and Justice. The legislation intro- DEAR SENATOR FEINSTEIN: The text of the the Native American and Insular Af- duced by Rep. Bono in the House accurately Torres-Martinez settlement legislation (in- and completely implements the settlement fairs Subcommittee of the House Re- troduced by Rep. Bono in the House as H.R. agreement. Thus, all parties support enact- sources Committee has scheduled hear- 3640) accurately and completely implements ment of this legislation and ask that you ings this afternoon on this legislation. the settlement agreement. We therefore sup- sponsor the companion bill on the Senate I look forward to working with the port enactment of this legislation and re- side. Senate Committee on Indian Affairs to We appreciate your consideration of our re- quest that you sponsor this legislation in the implement this agreement in law and quest and are grateful for all of the help we Senate. the Appropriations Committee to pro- have received from Mia Ellis, Susy Elfving Sincerely, vide funds as outlined in the settle- and your other staff members over the past RICHARD L. YOUNG, several years. We are close to the finish line Attorney for Torres-Martinez, ment agreement. Desert Cahuilla Indians. I hope my colleagues will join me and we ask that you and Senator Boxer help today in enacting this legislation. us on the Senate side in enacting this legis- lation that is so critical to both the Tribe CITY OF DESERT HOT SPRINGS, EXHIBIT 1 and the water users in the Imperial and Desert Hot Springs, CA, June 10, 1996. SUBMITTAL TO THE BOARD OF SUPERVISORS, Coachella Valleys of California. Hon. DIANNE FEINSTEIN, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA Thank you. Senate, Hart Senate Building, From: Supervisor Wilson. Sincerely, Washington, DC. Subject: Support of Legislation for Settle- JOSEPH FINDARO. DEAR SENATOR FEINSTEIN: Soon President ment With Torres-Martinez Indian Tribe. Clinton is expected to approve a settlement Recommended Motion: That the Board COACHELLA VALLEY WATER DISTRICT, of claims by the Torrez-Martinez Desert take a position in support of the attached Coachella, CA, June 14, 1996. Cahuilla Indian Tribe regarding the Salton draft legislation, proposed by Congressman Hon. DIANE FEINSTEIN, Sea. The Imperial Irrigation District and our Sonny Bono and providing for settlement Senate Hart Office Building, district will be signing this agreement along with the Torres-Martinez Indian Tribe by Washington, DC. with the Tribe and the Federal government. providing compensation for acquisition of DEAR SENATOR FEINSTEIN: The text of the This settlement resolve long-standing dis- lands in the Coachella Valley; further, direct Torres-Martinez settlement legislation (in- putes concerning land and water use in our the county Executive Office to immediately troduced by Congressman Bono in the House region of California. At the local level, there forward copies of the Board Minute Order to as H.R. 3640) accurately and completely im- is widespread support finally settling the dis- members of California’s Congressional dele- plements the settlement agreement. We, pute and for swift enactment of legislation gation. therefore, support enactment of this legisla- to implement this settlement. We, therefore, June 19, 1996 CONGRESSIONAL RECORD — SENATE S6533 urge you to sponsor this legislation for in- HATFIELD] and the Senator from Kan- (1) in the first sentence, by striking out troduction in the Senate concurrently with sas [Mrs. KASSEBAUM] were added as co- ‘‘major’’ and inserting in lieu thereof ‘‘lieu- House introduction. sponsors of S. 1731, a bill to reauthorize tenant colonel’’; The Cahuilla Indian Tribe will receive $14 and amend the National Geologic Map- (2) by inserting after the first sentence the following: ‘‘An appointee who holds a lower million, approximately $4 million from the ping Act of 1992, and for other purposes. two water districts and $10 million from the regular grade shall be appointed in the regu- federal government. The districts will re- S. 1811 lar grade of brigadier general.’’; and ceive permanent flowage easements, the At the request of Mr. MACK, the name (3) in the last sentence, by inserting ‘‘to Tribe will be able to purchase new lands, and of the Senator from North Carolina the same position’’ before the period at the local water rights will be protected. [Mr. HELMS] was added as a cosponsor end. We appreciate the attention your staff has of S. 1811, a bill to amend the Act enti- (b) ASSISTANT CHIEF.—Subsection (c) of given this matter over the last several years tled ‘‘An Act authorizing Federal par- such section is amended by striking out and look forward to working with you to ob- ticipation in the cost of protecting the ‘‘major’’ in the first sentence and inserting tain implementing legislation. shores of publicly owned property’’ to in lieu thereof ‘‘lieutenant colonel’’. Sincerely, (c) CLERICAL AMENDMENTS.—(1) The head- confirm and clarify the authority and GERALD F. PISHA, ing of such section is amended to read as fol- Mayor. responsibility of the Secretary of the lows: f Army, acting through the Chief of En- ‘‘§ 3069. Army Nurse Corps: composition; gineers, to promote and carry out Chief and assistant chief; appointment; ADDITIONAL COSPONSORS shore protection projects, including grade S. 794 beach nourishment projects, and for (2) The item relating to such section in the other purposes. At the request of Mr. LUGAR, the table of sections at the beginning of chapter name of the Senator from Oregon [Mr. S. 1815 307 of title 10, United States Code, is amend- ed to read as follows: WYDEN] was added as a cosponsor of S. At the request of Mr. GRAMM, the 794, a bill to amend the Federal Insecti- name of the Senator from Utah [Mr. ‘‘3069. Army Nurse Corps: composition; Chief cide, Fungicide, and Rodenticide Act to BENNETT] was added as a cosponsor of and assistant chief; appoint- ment; grade.’’. facilitate the minor use of a pesticide, S. 1815, a bill to provide for improved and for other purposes. regulation of the securities markets, SEC. 2. CHIEF AND ASSISTANT CHIEF OF AIR eliminate excess securities fees, reduce FORCE NURSE CORPS. S. 912 the costs of investing, and for other (a) POSITIONS AND APPOINTMENT.—Chapter At the request of Mr. KOHL, the name purposes. 807 of title 10, United States Code, is amend- of the Senator from Texas [Mr. GRAMM] ed by inserting after section 8067 the follow- SENATE RESOLUTION 238 ing: was added as a cosponsor of S. 912, a At the request of Mr. HELMS, the bill to amend the Internal Revenue ‘‘§ 3069. Air Force nurses: Chief and assistant name of the Senator from Missouri chief; appointment; grade Code of 1986 with respect to the eligi- [Mr. ASHCROFT] was added as a cospon- ‘‘(a) POSITIONS OF CHIEF AND ASSISTANT bility of veterans for mortgage revenue sor of Senate Resolution 238, a resolu- bond financing, and for other purposes. CHIEF.—There are a Chief and assistant chief tion expressing the sense of the Senate of the Air Force Nurse Corps. S. 949 that any budget or tax legislation ‘‘(b) CHIEF.—The Secretary of the Air At the request of Mr. WARNER, the should include expanded access to indi- Force shall appoint the Chief from the offi- name of the Senator from Iowa [Mr. vidual retirement accounts. cers of the Regular Air Force designated as GRASSLEY] was added as a cosponsor of AMENDMENT NO. 4048 Air Force nurses whose regular grade is S. 949, a bill to require the Secretary of At the request of Mr. DORGAN the above lieutenant colonel and who are rec- the Treasury to mint coins in com- names of the Senator from California ommended by the Surgeon General. An ap- pointee who holds a lower regular grade shall memoration of the 200th anniversary of [Mrs. BOXER] and the Senator from be appointed in the regular grade of briga- the death of George Washington. Minnesota [Mr. WELLSTONE] were added dier general. The Chief serves during the S. 1271 as cosponsors of amendment No. 4048 pleasure of the Secretary, but not for more At the request of Mr. CRAIG, the proposed to S. 1745, an original bill to than three years, and may not be re- name of the Senator from Missouri authorize appropriations for fiscal year appointed to the same position. ‘‘(c) ASSISTANT CHIEF.—The Surgeon Gen- [Mr. ASHCROFT] was added as a cospon- 1997 for military activities of the De- partment of Defense, for military con- eral shall appoint the assistant chief from sor of S. 1271, a bill to amend the Nu- the officers of the Regular Air Force des- clear Waste Policy Act of 1982. struction, and for defense activities of the Department of Energy, to prescribe ignated as Air Force nurses whose regular S. 1402 personnel strengths for such fiscal year grade is above lieutenant colonel. (b) CLERICAL AMENDMENT.—The table of At the request of Mr. CRAIG, the for the Armed Forces, and for other name of the Senator from Arizona [Mr. sections at the beginning of such chapter is purposes. amended by inserting after section 8067 the KYL] was added as a cosponsor of S. f following: 1402, a bill to amend the Waste Isola- tion Pilot Plant Land Withdrawal Act, AMENDMENTS SUBMITTED ‘‘3069. Air Force Nurse Corps: Chief and as- sistant chief; appointment; and for other purposes. grade.’’. S. 1491 THE NATIONAL DEFENSE AUTHOR- At the request of Mr. GRAMS, the IZATION ACT FOR FISCAL YEAR GRASSLEY AMENDMENT NO. 4051 names of the Senator from Florida [Mr. 1997 (Ordered to lie on the table.) MACK], the Senator from Tennessee Mr. GRASSLEY submitted an [Mr. FRIST], and the Senator from New amendment intended to be proposed by Hampshire [Mr. GREGG] were added as INOUYE AMENDMENT NO. 4050 him to the bill, S. 1745, supra; as fol- cosponsors of S. 1491, a bill to reform Mr. INOUYE proposed an amendment lows: antimicrobial pesticide registration, to the bill (S. 1745) to authorize appro- and for other purposes. Insert page 108, at the end of line 5, a new priations for fiscal year 1997 for mili- Section 368: S. 1641 tary activities for the Department of SEC. 368. TRANSFER OF EXCESS PERSONAL At the request of Mr. GRAMS, the Defense, for military construction, and PROPERTY TO SUPPORT LAW EN- names of the Senator from Tennessee for defense activities of the Depart- FORCEMENT ACTIVITIES. [Mr. FRIST] and the Senator from Illi- ment of Energy, to prescribe personnel (a) TRANSFER AUTHORITY.—(1) Chapter 153 nois [Ms. MOSELEY-BRAUN] were added strengths for such fiscal year for the of title 10, United States Code, is amended by as cosponsors of S. 1641, a bill to repeal Armed Forces, and for other purposes; inserting after section 2576 the following new section: the consent of Congress to the North- as follows: east Interstate Dairy Compact, and for At the appropriate place, insert: ‘‘§ 2576a. Excess personal property: sale or do- nation for law enforcement activities other purposes. SECTION 1. CHIEF AND ASSISTANT CHIEF OF ARMY NURSE CORPS. ‘‘(a) TRANSFER AUTHORIZED.—(1) Notwith- S. 1731 (a) CHIEF OF ARMY NURSE CORPS.—Sub- standing any other provision of law and sub- At the request of Mr. CRAIG, the section (b) of section 3069 of title 10, United ject to subsection (b), the Secretary of De- names of the Senator from Oregon [Mr. States Code, is amended— fense may transfer to Federal and State S6534 CONGRESSIONAL RECORD — SENATE June 19, 1996 agencies personal property of the Depart- House has become a powerful symbol of free- not exceed $50,000,000. The United States ment of Defense, including small arms and dom, openness, and an individual’s access to shall be liable for and indemnify the contrac- ammunition, that the Secretary determines their government. tor for any liability of the contractor under is— (5) On May 20, 1995, citing possible security the pilot program in excess of such amount. ‘‘(A) suitable for use by the agencies in law risks from vehicles transporting terrorist (4) The pilot program shall terminate not enforcement activities, including counter- bombs, President Clinton ordered the Secret later than September 30, 1999. drug activities; and Service, in conjunction with the Department (c) EVALUATION AND REPORT.—Not later ‘‘(B) excess to the needs of the Department of the Treasury, to close Pennsylvania Ave- than December 31, 1999, the Secretary of En- of Defense. nue to vehicular traffic for two blocks in ergy and the Secretary of Defense shall ‘‘(2) The Secretary shall carry out this sec- front of the White House. jointly— tion in consultation with the Attorney Gen- (6) While the security of the President and (1) evaluate each alternative technology eral and the Director of National Drug Con- visitors to the White House is of grave con- identified and demonstrated feasible under trol Policy. cern and is not to be taken lightly, the need the pilot program; and ‘‘(b) CONDITIONS FOR TRANSFER.—The Sec- to assure the President’s safety must be bal- (2) submit to Congress a report containing retary may transfer personal property under anced with the expectation of freedom inher- the evaluation. this section only if— ent in a democracy; the present situation is (d) LIMITATIONS ON CONTRACTING FOR BASE- ‘‘(1) the property is drawn from existing tilted too heavily toward security at free- LINE INCINERATION.—(1) Notwithstanding any stocks of the Department of Defense; and dom’s expense. other provision of law, the Secretary of De- ‘‘(2) the transfer is made without the ex- (7) By impeding access and imposing undue fense shall not enter into any contract for penditure of any funds available to the De- hardships upon tourists, residents of the Dis- the purchase of long lead materials for the partment of Defense for the procurement of trict, commuters, and local business owners construction of any incinerator in the State defense equipment. and their customers, the closure of Penn- of Kentucky for the incineration of chemical ‘‘(c) CONSIDERATION.—Personal property sylvania Avenue, undertaken without the munitions known as ‘‘baseline incineration’’ may be transferred under this section with- counsel of the government of the District of before— out cost to the recipient agency. Columbia, has replaced the former openness (A) the expiration of 60 days of continuous ‘‘(d) PREFERENCE FOR CERTAIN TRANS- of the area surrounding the White House session of Congress after the date on which FERS.—In considering applications for the with barricades, additional security check- the report required under subsection (c) is transfer of personal property under this sec- points, and an atmosphere of fear and dis- received by Congress; and tion, the Secretary shall give a preference to trust. (B) the transfer required by subsection those applications indicating that the trans- (8) In the year following the closure of (e)(2) has been completed. ferred property will be used in the counter- Pennsylvania Avenue, the taxpayers have (2) For the purposes of paragraph (1)(A)— drug activities of the recipient agency.’’ borne a significant burden for additional se- (A) continuity of session is broken only by (2) The table of sections at the beginning of curity measures along the Avenue near the an adjournment of Congress sine die; and such chapters is amended by inserting after White House. (B) the days on which either House is not the item relating to section 2576 the follow- (b) SENSE OF THE SENATE.—It is the sense in session because of an adjournment of more ing new item: of the Senate that the President should di- than three days to a day certain are excluded in the computation of any period of time in ‘‘2576a. Excess personal property: sale or do- rect the Department of the Treasury and the Secret Service to work with the Government which Congress is in continuous session. nation for law enforcement ac- (e) FUNDING, TRANSFER, AND ADDITIONAL tivities.’’ of the District of Columbia to develop a plan for the permanent reopening to vehicular LIMITATION.—(1)(A) Of the amount author- (b) CONFORMING AMENDMENTS.—(1) Section traffic of Pennsylvania Avenue in front of ized to be appropriated under section 107, 1208 of the National Defense Authorization the White House in order to restore the Ave- $60,000,000 shall be available for the pilot pro- Act for Fiscal Years 1990 and 1991 (Public nue to its original state and return it to the gram under this section. Law 101–189; 10 U.S.C. 372 note) is repealed. people. (B) The funds made available under sub- (2) Section 1005 of the National Defense Au- paragraph (A) may not be derived from funds thorization Act for Fiscal Year 1991 (Public to be made available under the chemical de- Law 101–510; 104 Stat. 1630) is amended by FORD (AND BROWN) AMENDMENTS militarization program for the alternative striking out ‘‘section 1208 of the National NOS. 4053–4054 technologies research and development pro- Defense Authorization Act for Fiscal Years (Ordered to lie on the table.) gram at bulk sites. 1990 and 1991 (10 U.S.C. 372 note) and section Mr. FORD (for himself and Mr. (2) Funds made available for the pilot pro- 372’’ and inserting in lieu thereof ‘‘sections gram pursuant to paragraph (1) shall be BROWN) submitted two amendments in- 372 and 2576a’’. transferred to the Secretary of Energy for tended to be proposed by them to the use for the pilot program. bill, S. 1745, supra; as follows: GRAMS (AND OTHERS) (3) No funds authorized to be appropriated AMENDMENT NO. 4053 by section 107 may be obligated until the AMENDMENT NO. 4052 At the end of subtitle B of title I, add the transfer required by paragraph (2) has been Mr. GRAMS (for himself, Mr. ROBB, following: made. The limitation in the preceding sen- and Mr. LEAHY) proposed an amend- SEC. 113. DEMILITARIZATION OF ASSEMBLED tence is in addition to the limitation in sub- ment to the bill, S. 1745, surpa; as fol- CHEMICAL MUNITIONS. section (d)(1)(B). lows: (a) PILOT PROGRAM.—(1) The Secretary of Energy and the Secretary of Defense shall AMENDMENT NO. 4054 At the appropriate place in the bill, insert jointly conduct a pilot program to identify At the end of subtitle B of title I, add the the following: and demonstrate technologies for demili- following: SEC. . SENSE OF THE SENATE. tarization of assembled chemical munitions SEC. 113. DEMILITARIZATION OF ASSEMBLED (a) FINDINGS.—The Senate makes the fol- that are feasible alternatives to incineration CHEMICAL MUNITIONS. lowing findings: of such munitions. (a) PILOT PROGRAM.—The Secretary of De- (1) In 1791, President George Washington (2) For the purpose of paragraph (1), the fense shall conduct a pilot program to iden- commissioned Pierre Charles L‘Enfant to term ‘‘assembled chemical munition’’ means tify and demonstrate feasible alternatives to draft a blueprint for America’s new capital an entire chemical munition, including com- incineration for the demilitarization of as- city; they envisioned Pennsylvania Avenue ponent parts, chemical agent, propellant, sembled chemical munitions. as a bold, ceremonial boulevard physically and explosive. (b) PROGRAM REQUIREMENTS.—The Sec- linking the U.S. Capitol building and the (b) PROGRAM REQUIREMENTS.—(1) The Sec- retary of Defense shall designate an execu- White House, and symbolically the Legisla- retary of Energy shall enter into a contract tive agent to carry out the pilot program re- tive and Executive branches of government. for carrying out the pilot program. quired to be conducted under subsection (a). (2) An integral element of the District of (2) The contract shall provide for— (2) The executive agent shall— Columbia, Pennsylvania Avenue stood for 195 (A) the United States and the contractor (A) be an officer or executive of the United years as a vital, working, unbroken roadway, to share the costs of the contractor’s activi- States Government; elevating it into a place of national impor- ties under the pilot program equally when (B) be accountable to the Secretary of De- tance as ‘‘America’s Main Street’’. the Secretary of Energy determines that fense; and (3) 1600 Pennsylvania Avenue, the White such a cost sharing arrangement is feasible; (C) not be, or have been, in direct or imme- House, has become America’s most recog- and diate control of the chemical weapon stock- nized address and a primary destination of (B) subject to paragraph (3), the contractor pile demilitarization program established by visitors to the Nation’s Capital; ‘‘the Peo- to be liable for any claim under the pilot 1412 of the Department of Defense Authoriza- ple’s House’’ is host to 5,000 tourists daily, program only with respect to activities per- tion Act, 1986 (50 U.S.C. 1521) or the alter- and 15,000,000 annually. formed by or under the exclusive control of native disposal process program carried out (4) As home to the President, and given its the contractor. under sections 174 and 175 of the National De- prominent location on Pennsylvania Avenue (3) The aggregate amount of the liability of fense Authorization Act for Fiscal Year 1993 and its proximity to the People, the White the contractor under paragraph (2)(B) may (Public Law 102–484; 50 U.S.C. 1521 note). June 19, 1996 CONGRESSIONAL RECORD — SENATE S6535

(3) The executive agent may— was captured and incarcerated by the Demo- (I) REPORTS.—(1) No later than 24 months (A) carry out the pilot program directly; cratic Republic of Vietnam after having en- after the enactment of this Act, the Sec- (B) enter into a contract with a private en- tered into the territory of the Democratic retary of Defense shall submit a report to tity to carry out the pilot program; or Republic of Vietnam pursuant to operations the Congress on the payment of claims pur- (C) transfer funds to another department conduction under OPLAN 34A or its prede- suant to this section. or agency of the Federal Government in cessor. (2) No later than 42 months after the enact- order to provide for such department or (2) No payment may be made under this ment of this Act, the Secretary of Defense agency to carry out the pilot program. Section to any individual who the Secretary shall submit a final report to the Congress (4) A department or agency that carries of Defense determines, based on the avail- on the payment of claims pursuant to this out the pilot program under paragraph (3)(C) able evidence, served in the Peoples Army of section. may not, for purposes of the pilot program, Vietnam or who provided active assistance contract with or competitively select the or- to the Government of the Democratic Repub- REID AMENDMENT NO. 4056 ganization within the Army that exercises lic of Vietnam during the period 1958 through direct or immediate management control 1975. Mr. REID proposed an amendment to over either program referred to in paragraph (3) In the case of a decedent who would amendment No. 4052 proposed by Mr. (2)(C). have been eligible for a payment under this GRAMS to the bill, S. 1745, supra; as fol- (5) The pilot program shall terminate not section if the decedent had lived, the pay- lows: ment shall be made to survivors of the dece- later than September 30, 2000. At the end of the amendment add the fol- dent in the order in which the survivors are (c) ANNUAL REPORT.—Not later than De- lowing: ‘‘provided that the Secretary of the listed, as follows: cember 15 of each year in which the Sec- Treasury and the Secret Service certify that retary carries out the pilot program, the (A) To the surviving spouse. (B) If there is no surviving spouse, to the the plan protects the security of the people Secretary shall submit to Congress a report who live and work in the White House.’’ on the activities under the pilot program surviving children (including natural chil- during the preceding fiscal year. dren and adopted children) of the decedent, (d) EVALUATION AND REPORT.—Not later in equal shares. CRAIG (AND OTHERS) AMENDMENT than December 31, 2000, the Secretary of De- (b) AMOUNT PAYABLE.—The amount pay- NO. 4057 able to or with respect to a person under the fense shall— Mr. CRAIG for himself, Mr. BINGA- (1) evaluate each demilitarization alter- section is $40,000. (c) TIME LIMITATIONS.—(1) In order to be el- MAN, Mr. KEMPTHORNE, Mr. BAUCUS, native identified and demonstrated under the igible for payment under this section, the pilot program to determine whether that al- Mr. BURNS, Mr. DORGAN, Mrs. FEIN- claimant must file his or her claim with the ternative— STEIN, Mr. HATCH, Mr. LEVIN, Ms. (A) is a safe and cost efficient as inciner- Secretary of Defense within 18 months of the SNOWE, Mr. MURKOWSKI, Mrs. BOXER, effective date of the regulations implement- ation for disposing of assembled chemical Mr. HELMS, and Mr. COHEN) proposed an munitions; and ing this Section. (2) Not later than 18 months after the Sec- amendment to the bill, S. 1745, supra; (B) meets the requirements of section 1412 retary receives a claim for payment under as follows: of the Department of Defense Authorization this section— At the end of subtitle F of title X, add the Act, 1986; and (A) the claimant’s eligibility for payment following: (2) submit to Congress a report containing of the claim under subsection (a) shall be de- the evaluation. SEC. . SENSE OF SENATE REGARDING THE UNIT- termined; and ED STATES-JAPAN SEMICONDUCTOR (e) LIMITATION ON LONG LEAD CONTRACT- (B) if the claimant is determined eligible, TRADE AGREEMENT. ING.—Notwithstanding any other provision of the claim shall be paid. (a) FINDINGS.—The Senate makes the fol- law, the Secretary may not enter into any (d) DETERMINATION AND PAYMENT OF lowing findings: contract for the purchase of long lead mate- CLAIMS.—(1) SUBMISSION AND DETERMINATION (1) The United States and Japan share a rials for the construction of an incinerator OF CLAIMS. The Secretary of Defense shall es- long and important bilateral relationship at any site in Kentucky or Colorado until tablish by regulation procedures whereby in- which serves as an anchor of peace and sta- the executive agent designated for the pilot dividuals may submit claims for payment bility in the Asia Pacific region, an alliance program submits an application for such per- under this Section. Such regulations shall be which was reaffirmed at the recent summit mits as are necessary under the law of the issued within 6 months of the date of enact- meeting between President Clinton and State of Kentucky and Colorado for the con- ment of this Act. Prime Minister Hashimoto in Tokyo. struction at that site of a plant for demili- (2) PAYMENT OF CLAIMS.—The Secretary of (2) The Japanese economy has experienced tarization of assembled chemical munitions Defense, in consultation with the other af- difficulty over the past few years, dem- by means of an alternative to incineration. fected agencies, may establish guidelines for onstrating that it is no longer possible for (f) ASSEMBLED CHEMICAL MUNITION DE- determining what constitutes adequate docu- Japan, the world’s second largest economy, FINED.—For the purpose of this section, the mentation that an individual was captured to use exports as the sole-engine of economic term ‘‘assembled chemical munition’’ means and incarcerated by the Democratic Repub- growth, but that the Government of Japan an entire chemical munition, including com- lic of Vietnam after having entered the terri- must promote deregulation of its domestic ponents parts, chemical agent, propellant, tory of the Democratic Republic of Vietnam economy in order to increase economic and explosive. pursuant to operations conducted under growth. (g) FUNDING.—(1) Of the amount authorized OPLAN 34A or its predecessor. (3) Deregulation of the Japanese economy to be appropriated under section 107, (e) AUTHORIZATION OF APPROPRIATIONS.—Of requires government attention to the re- $60,000,000 shall be available for the pilot pro- the total amount authorized to be appro- moval of barriers to imports of manufac- gram under this section. priated under section 301, $20,000,000 is avail- tured goods. (2) Funds made available for the pilot pro- able for payment under this section. Not- (4) The United States-Japan Semiconduc- gram pursuant to paragraph (1) shall be withstanding Sec. 301, that amount is au- tor Trade Agreement has begun the process made available to the executive agent for thorized to be appropriated so as to remain of deregulation in the semiconductor sector use for the pilot program. available until expended. and is opening the Japanese market to com- (3) No funds authorized to be appropriated (f) PAYMENT IN FULL SATISFACTION OF petitive foreign products. by section 107 may be obligated until funds CLAIMS AGAINST THE UNITED STATES.—The (5) The United States-Japan Semiconduc- are made available to the executive agent acceptance of payment by an individual tor Trade Agreement has put in place both under paragraph (2). under this section shall be in full satisfac- government-to-government and industry-to- tion of all claims by or on behalf of that in- industry mechanisms which have played a KERRY (AND OTHERS) AMEND- dividual against the United States arising vital role in allowing cooperation to replace MENT NO. 4055 from operations under OPLAN 34A or its conflict in this important high technology Mr. KERRY (for himself, Mr. MCCAIN, predecessor. sector. Mr. KERREY, Mr. SMITH, Mr. PRESSLER, (g) ATTORNEY FEES.—Notwithstanding any (6) The mechanisms include joint calcula- Mr. ROBB, Mr. DASCHLE, Mr. LEAHY, contract, the representative of an individual tion of foreign market share, deterrence of may not receive, for services rendered in dumping, and promotion of industrial co- and Mr. MOYNIHAN) proposed an amend- connection with the claim of an individual operation in the design of foreign semi- ment to the bill, S. 1745, supra; as fol- under this Section, more than ten percent of conductor devices. lows: a payment made under this Section on such (7) Because of these actions under the At the end of subtitle E of title VI add the claim. United States-Japan Semiconductor Trade following: (h) NO RIGHT TO JUDICIAL REVIEW.—All de- Agreement, the United States and Japan SEC. 643. PAYMENT TO VIETNAMESE COMMAN- terminations by the Secretary of Defense today enjoy trade in semiconductors which DOS CAPTURED AND INTERNED BY pursuant to this Section are final and con- is mutually beneficial, harmonious, and free NORTH VIETNAM. clusive, notwithstanding any other provision from the friction that once characterized the (a) PAYMENT AUTHORIZED.—(1) The Sec- of law. Claimants under this program have semiconductor industry. retary of Defense shall make a payment to no right to judicial review, and such review (8) Because of structural barriers in Japan, any person who demonstrates that he or she is specifically precluded. a gap still remains between the share of the S6536 CONGRESSIONAL RECORD — SENATE June 19, 1996 world market for semiconductor products corporation into the space control architec- SEC. 2706. REDUCTION IN AUTHORIZATION OF outside Japan that the United States and ture under development, the Space Architect APPROPRIATIONS FOR CERTAIN other foreign semiconductor sources are able shall immediately notify the congressional MILITARY CONSTRUCTION to capture through competitiveness and the defense committees of such determination. PROJECTS NOT REQUESTED BY THE ADMINISTRATION. share of the Japanese semiconductor market (2) Within 60 days after submitting a noti- Notwithstanding any other provision of that the United States and those other fication of a determination under paragraph this division, the total amount authorized to courses are able to capture through competi- (1), the Space Architect shall submit to the be appropriated by this division is hereby de- tiveness, and that gap is consistent with the congressional defense committees a detailed creased by $598,764,000. full range of semiconductor products as well report setting forth the specific reasons for, as a full range of end-use applications. and analytical findings supporting, the de- (9) The competitiveness and health of the termination. SIMPSON (AND THOMAS) United States semiconductor industry is of (c) REPORT ON APPROVED ARCHITECTURE.— AMENDMENT NO. 4061 critical importance to the overall economic Not later than March 31, 1997, the Secretary Mr. SIMPSON (for himself and Mr. well-being and high technology defense capa- of Defense shall submit to the congressional THOMAS) proposed an amendment to bilities of the United States. defense committees a report on the space the bill, S. 1745, supra; as follows: (10) The economic interests of both the control architecture approved by the Sec- United States and Japan are best served by retary. The report shall include the follow- In section 2601(1)(A), strike out well functioning, open markets, deterrence ing: ‘‘$79,628,000’’ and insert in lieu thereof ‘‘$83,728,000’’. of dumping, and continuing good cooperative (1) An assessment of the potential threats relationships in all sectors, including semi- posed to deployed United States military conductors. forces by the proliferation of foreign mili- REID (AND BRYAN) AMENDMENT (11) A strong and healthy military and po- tary and commercial space assets. NO. 4062 litical alliance between the United States (2) The Secretary’s recommendations for Mr. REID (for himself and Mr. and Japan requires continuation of the in- development and deployment of space con- BRYAN) proposed an amendment to the dustrial and economic cooperation promoted trol capabilities to counter such threats. bill, S. 1745, supra; as follows: by the United States-Japan Semiconductor (d) FUNDING.—(1) The Secretary of Defense Trade Agreement. shall release to the kinetic energy tactical In the table in section 2201(a), in the (12) President Clinton has called on the antisatellite program manager the funds ap- amount column for the item relating to Government of Japan to agree to a continu- propriated in fiscal year 1996 for the kinetic Fallon Naval Air Station, Nevada, strike out ation of a United States-Japan Semiconduc- energy tactical antisatellite program. The ‘‘$14,800,000’’ and insert in lieu thereof tor Trade Agreement beyond the current Secretary may withdraw obligated balances ‘‘$20,600,000’’. agreement’s expiration on July 31, 1996. of such funds from the program manager Strike out the amount set forth as the (13) The Government of Japan has opposed only if— total amount at the end of the table in sec- tion 2201(a) and insert in lieu thereof any continuation of a government-to-govern- (A) the Space Architect makes a deter- ‘‘$512,852,000’’. ment agreement to promote cooperation in mination described in subsection (b) United States-Japan semiconductor trade. In section 2205(a), in the matter preceding (B) a report submitted by the Secretary (b) SENSE OF SENATE.—It is the sense of the paragraph (1), strike out ‘‘$2,040,093,000’’ and pursuant to subsection (c) includes a rec- Senate that— insert in lieu thereof ‘‘$2,045,893,000’’. ommendation not to pursue such a program. (1) it is regrettable that the Government of In section 2205(a)(1), strike out Japan has refused to consider continuation (2) Not later than April 1, 1997, the Sec- ‘‘$507,052,000’’ and insert in lieu therof of a government-to-government agreement retary of Defense shall release to the Kinetic ‘‘$512,852,000’’. to ensure that cooperation continues in the energy tactical antisatellite program man- In the table in section 2401(a), strike out semiconductor sector beyond the expiration ager any funds appropriated for fiscal year the item relating to the National Security of the Semiconductor Trade Agreement on 1997 for a kinetic energy tactical antisat- Agency, Fort Meade, Maryland. July 31, 1996; and ellite program pursuant to section 221(a) un- Strike out the amount set forth as the (2) the President should take all necessary less— total amount at the end of the table in sec- and appropriate actions to ensure the con- (A) the Space Architect has by such date tion 2401(a) and insert in lieu thereof tinuation of a government-to-government submitted a notification pursuant to sub- ‘‘$502,390,000’’. United States-Japan Semiconductor Trade section (b); or In section 2406(a), in the matter preceding Agreement before the current agreement ex- (B) a report submitted by the Secretary paragraph (1), strike out ‘‘$3,421,366,000’’ and pires on that date. pursuant to subsection (c) includes a rec- insert in lieu thereof ‘‘$3,396,166,000’’. In section 2406(a)(1), strike out (c) DEFINITION.—As used in this section, ommendation not to pursue such a program. the term ‘‘United States-Japan Semiconduc- Beginning on page 42, strike out line 15 and ‘‘$364,487,000’’ and insert in lieu thereof tor Trade Agreement’’ refers to the agree- all that follows through page 43 line. ‘‘$339,287,000’’. In section 2601(3)(A), strike out ment between the United States and Japan ‘‘$208,484,000’’ and insert in lieu thereof concerning trade in semiconductor products, ‘‘$209,884,000’’. with arrangement, done by exchange of let- MURRAY (AND OTHERS) ters at Washington on June 11, 1991. AMENDMENT NO. 4059 COHEN AMENDMENT NO. 4063 Mrs. MURRAY (for herself, Ms. BINGAMAN (AND BUMPERS) Mr. KEMPTHORNE (for Mr. COHEN) NOWE, Mr. KENNEDY, Mr. ROBB, Mr. AMENDMENT NO. 4058 S proposed an amendment to the bill, S. LAUTENBERG, Mr. SIMON, Mr. BINGA- 1745, supra; as follows: Mr. BINGAMAN (for himself and Mr. MAN, Mr. INOUYE, Ms. MIKULSKI, and At the end of subtitle B of title II add the BUMPERS) proposed an amendment to Ms. MOSELEY-BRAUN) proposed an the bill, S. 1745, supra; as follows: following: amendment to the bill, S. 1745, supra; SEC. 223. ADVANCED SUBMARINE TECH- Beginning on page 32, strike out line 22 and as follows: NOLOGIES. all that follows through page 33, line 21, and At the end of title VII add the following: (a) AMOUNTS AUTHORIZED FROM NAVY insert in lieu thereof the following: RDT&E ACCOUNT.—Of the amount authorized SEC. 708. RESTORATION OF PREVIOUS POLICY SEC. 212. SPACE CONTROL ARCHITECTURE REGARDING RESTRICTIONS ON USE to be appropriated by section 201(2)— STUDY. OF DEPARTMENT OF DEFENSE MED- (1) $489,443,000 is available for the design of (A) REQUIRED CONSIDERATION OF KINETIC ICAL FACILITIES. the submarine previously designated by the ENERGY TACTICAL ANTISATELLITE PROGRAM.— Section 1093 of title 10, United States Code, Navy as the New Attack Submarine; and The Department of Defense Space Architect is amended— (2) $100,000,000 is available to address the shall evaluate the potential cost and effec- (1) by striking out subsection (b); and inclusion on future nuclear attack sub- tiveness of the inclusion of the kinetic en- (2) in subsection (a), by striking out ‘‘(a) marines of core advanced technologies, cat- ergy tactical antisatellite program of the RESTRICTION ON USE OF FUNDS.—’’. egory I advanced technologies, and category Department of Defense as a specific element II advanced technologies, as such advanced of the space control architecture which the technologies are identified by the Secretary Space Architect is developing for the Sec- of Defense in Appendix C of the report of the retary of Defense. McCAIN (AND MR. GLENN) Secretary entitled ‘‘Report on Nuclear At- (b) CONGRESSIONAL NOTIFICATION OF ANY AMENDMENT NO. 4060. tack Submarine Procurement and Sub- DETERMINATION OF INAPPROPRIATENESS OF Mr. MCCAIN (for himself and Mr. marine Technology’’, submitted to Congress PROGRAM FOR ARCHITECTURE.—(1) If at any on March 26, 1996. GLENN) proposed an amendment to the point in the development of the space con- (b) CERTAIN TECHNOLOGIES TO BE EMPHA- trol architecture the Space Architect deter- bill, S. 1745, supra; as follows: SIZED.—In using funds made available in ac- mines that the kinetic energy tactical anti- At the end of title XXVII, add the follow- cordance with subsection (a)(2), the Sec- satellite program is not appropriate for in- ing: retary of the Navy shall emphasize research, June 19, 1996 CONGRESSIONAL RECORD — SENATE S6537 development, test, and evaluation of the Redesignate section 707 as section 706. (B) October 1, 1997. technologies identified by the Submarine At the end of title VII add the following: (2) Notwithstanding paragraph (1), the des- Technology Assessment Panel (in the final Subtitle B—Uniformed Services Treatment ignated provider whose service area includes report of the panel to the Assistant Sec- Facilities Seattle, Washington, shall implement its retary of the Navy for Research, Develop- SEC. 721. DEFINITIONS. agreement as soon as the agreement permits. ment, and Acquisition, dated March 15, 1996) In this subtitle: (d) TEMPORARY CONTINUATION OF EXISTING as having the highest priority for initial in- (1) The term ‘‘administering Secretaries’’ PARTICIPATION AGREEMENTS.—The Secretary vestment. means the Secretary of Defense, the Sec- shall extend the participation agreement of (c) SHIPYARDS INVOLVED IN TECHNOLOGY retary of Transportation, and the Secretary a designated provider in effect immediately DEVELOPMENT.—To further implement the of Health and Human Services. before the date of the enactment of this Act recommendations of the Submarine Tech- (2) The term ‘‘agreement’’ means the under section 718(c) of the National Defense nology Assessment Panel, the Secretary of agreement required under section 722(b) be- Authorization Act for Fiscal Year 1991 (Pub- the Navy shall ensure that the shipyards in- tween the Secretary of Defense and a des- lic Law 101–510; 104 Stat. 1587) until the volved in the construction of nuclear attack ignated provider. agreement required by this section takes ef- submarines are also principal participants in (3) The term ‘‘capitation payment’’ means fect under subsection (c). (e) SERVICE AREA.—The Secretary may not the process of developing advanced sub- an actuarially sound payment for a defined reduce the size of the service area of a des- marine technologies and including the tech- set of health care services that is established ignated provider below the size of the service nologies in future submarine designs. The on a per enrollee per month basis. area in effect as of September 30, 1996. Secretary shall ensure that those shipyards (4) The term ‘‘covered beneficiary’’ means (f) COMPLIANCE WITH ADMINISTRATIVE RE- have access for such purpose (under proce- a beneficiary under chapter 55 of title 10, QUIREMENTS.—(1) Unless otherwise agreed dures prescribed by the Secretary) to the United States Code, other than a beneficiary upon by the Secretary and a designated pro- Navy laboratories and the Office of Naval In- under section 1074(a) of such title. vider, the designated provider shall comply telligence and (in accordance with arrange- (5) The term ‘‘designated provider’’ means with necessary and appropriate administra- ments to be made by the Secretary) to the a public or nonprofit private entity that was tive requirements established by the Sec- Defense Advanced Research Projects Agency. a transferee of a Public Health Service hos- retary for other providers of health care (d) FUNDING FOR CONTRACTS UNDER 1996 pital or other station under section 987 of the services and requirements established by the AGREEMENT AMONG THE NAVY AND SHIP- Omnibus Budget Reconciliation Act of 1981 Secretary of Health and Human Services for YARDS.—In addition to the purposes of which (Public Law 97–35; 95 Stat. 603) and that, be- risk-sharing contractors under section 1876 the amount authorized to appropriated by fore the date of the enactment of this Act, of the Social Security Act (42 U.S.C. section 201(2) are available under paragraphs was deemed to be a facility of the uniformed 1395mm). The Secretary and the designated (1) and (2) of subsection (a), the amounts services for the purposes of chapter 55 of provider shall determine and apply only such available under such paragraphs are also title 10, United States Code. The term in- administrative requirements as are mini- available for contracts with Electric Boat cludes any legal successor in interest of the mally necessary and appropriate. A des- Division and Newport News Shipbuilding to transferee. ignated provider shall not be required to carry out the provisions of the ‘‘Memoran- (6) The term ‘‘enrollee’’ means a covered comply with a law or regulation of a State dum of Agreement Among the Department of beneficiary who enrolls with a designated government requiring licensure as a health the Navy, Electric Boat Corporation (EB), provider. and Newport News Shipbuilding and Drydock insurer or health maintenance organization. (7) The term ‘‘health care services’’ means (2) A designated provider may not contract Company (NNS) Concerning the New Attack the health care services provided under the Submarine’’, dated April 5, 1996, for research out more than five percent of its primary health plan known as the TRICARE PRIME care enrollment without the approval of the and development activities under that option under the TRICARE program. memorandum of agreement. Secretary, except in the case of primary care (8) The term ‘‘Secretary’’ means the Sec- contracts between a designated provider and retary of Defense. a primary care contractor in force on the BYRD AMENDMENT NO. 4064 (9) The term ‘‘TRICARE program’’ means date of the enactment of this Act. the managed health care program that is es- Mr. NUNN (for Mr. BYRD) proposed an SEC. 723. PROVISION OF UNIFORM BENEFIT BY tablished by the Secretary of Defense under DESIGNATED PROVIDERS. amendment to the bill, S. 1745, supra; the authority of chapter 55 of title 10, United as follows: (a) UNIFORM BENEFIT REQUIRED.—A des- States Code, principally section 1097 of such ignated provider shall offer to enrollees the At the end of subtitle E of title X add the title, and includes the competitive selection health benefit option prescribed and imple- following: of contractors to financially underwrite the mented by the Secretary under section 731 of SEC. 1054. ANNUAL REPORT OF RESERVE FORCES delivery of health care services under the Ci- the National Defense Authorization Act for POLICY BOARD. vilian Health and Medical Program of the Fiscal Year 1994 (Public Law 103–160; 10 Section 113(c) of title 10, United States Uniformed Services. U.S.C. 1073 note), including accompanying Code, is amended— SEC. 722. INCLUSION OF DESIGNATED PROVID- cost-sharing requirements. (1) by striking out paragraph (3); ERS IN UNIFORMED SERVICES (b) TIME FOR IMPLEMENTATION OF BENE- HEALTH CARE DELIVERY SYSTEM. (2) by redesignating paragraphs (1), (2), and FIT.—A designated provider shall offer the (a) INCLUSION IN SYSTEM.—The health care (4) as subparagraphs (A), (B), and (C), respec- health benefit option described in subsection delivery system of the uniformed services tively; (a) to enrollees upon the later of the follow- shall include the designated providers. (3) by inserting ‘‘(1)’’ after ‘‘(e)’’; ing: (b) AGREEMENTS TO PROVIDE MANAGED (4) by inserting ‘‘and’’ at the end of sub- (1) The date on which health care services paragraph (B), as redesignated by paragraph HEALTH CARE SERVICES.—(1) After consulta- tion with the other administering Secretar- within the health care delivery system of the (2); and ies, the Secretary of Defense shall negotiate uniformed services are rendered through the (5) by adding at the end the following: and enter into an agreement with each des- TRICARE program in the region in which ‘‘(2) At the same time that the Secretary ignated provider, under which the designated the designated provider operates. submits the annual report under paragraph provider will provide managed health care (2) October 1, 1996. (1), the Secretary shall transmit to the services to covered beneficiaries who enroll (c) ADJUSTMENTS.—The Secretary may es- President and Congress a separate report with the designated provider. tablish a later date under subsection (b)(2) or from the Reserve Forces Policy Board on the (2) The agreement shall be entered into on prescribe reduced cost-sharing requirements reserve programs of the Department of De- a sole source basis. The Federal Acquisition for enrollees. fense and on any other matters that the Re- Regulation, except for those requirements SEC. 724. ENROLLMENT OF COVERED BENE- serve Forces Policy Board considers appro- regarding competition, issued pursuant to FICIARIES. priate to include in the report.’’. section 25(c) of the Office of Federal Procure- (a) FISCAL YEAR 1997 LIMITATION.—(1) Dur- ment Policy Act (41 U.S.C. 421(c)) shall apply ing fiscal year 1997, the number of covered GORTON (AND OTHERS) to the agreements as acquisitions of com- beneficiaries who are enrolled in managed AMENDMENT NO. 4065 mercial items. care plans offered by designated providers (3) The implementation of an agreement is may not exceed the number of such enrollees Mr. KEMPTHORNE (for Mr. GORTON, subject to availability of funds for such pur- as of October 1, 1995. for himself, Mr. COHEN, and Mr. GLENN) pose. (2) The Secretary may waive the limitation proposed an amendment to the bill, S. (c) EFFECTIVE DATE OF AGREEMENTS.—(1) under paragraph (1) if the Secretary deter- 1745, supra; as follows: Unless an earlier effective date is agreed mines that additional enrollment authority upon by the Secretary and the designated for a designated provider is required to ac- After the heading for title VII insert the provider, the agreement shall take effect commodate covered beneficiaries who are de- following: upon the later of the following: pendents of members of the uniformed serv- Subtitle A—General (A) The date on which a managed care sup- ices entitled to health care under section Strike out section 704. port contract under the TRICARE program 1074(a) of title 10, United States Code. Redesignate section 705 as section 704. is implemented in the service area of the (b) PERMANENT LIMITATION.—For each fis- Redesignate section 706 as section 705. designated provider. cal year after fiscal year 1997, the number of S6538 CONGRESSIONAL RECORD — SENATE June 19, 1996 enrollees in managed care plans offered by provider, the form of payment for services out the pilot program, if at all, during fiscal designated providers may not exceed 110 per- provided by a designated provider shall be year 1997. cent of the number of such enrollees as of full risk capitation. The capitation pay- (d) APPLICABILITY OF GOOD SAMARITAN the first day of the immediately preceding ments shall be negotiated and agreed upon FOOD DONATION ACT.—Section 402 of the Na- fiscal year. The Secretary may waive this by the Secretary and the designated pro- tional and Community Service Act of 1990 (42 limitation as provided in subsection (a)(2). vider. In addition to such other factors as U.S.C. 12672) shall apply to donations and (c) RETENTION OF CURRENT ENROLLEES.—An the parties may agree to apply, the capita- collections of food and grocery products enrollee in the managed care program of a tion payments shall be based on the utiliza- under the pilot program without regard to designated provider as of September 30, 1997, tion experience of enrollees and competitive section 403 of such Act (42 U.S.C. 12673). or such earlier date as the designated pro- market rates for equivalent health care serv- (e) REPORTS.—(1) Each Secretary that car- vider and the Secretary may agree upon, ices for a comparable population to such en- ries out a pilot program at a service acad- shall continue receiving services from the rollees in the area in which the designated emy under this section shall submit to Con- designated provider pursuant to the agree- provider is located. gress an interim report and a final report on ment entered into under section 722 unless (b) LIMITATION ON TOTAL PAYMENTS.—Total the pilot program. the enrollee disenrolls from the designated capitation payments to a designated pro- (2) The Secretary concerned shall submit provider. Except as provided in subsection vider shall not exceed an amount equal to the interim report not later than one year (e), the administering Secretaries may not the cost that would have been incurred by after the date on which the Secretary com- disenroll such an enrollee unless the the Government if the enrollees had received mences the pilot program at a service acad- disenrollment is agreed to by the Secretary their care through a military treatment fa- emy. and the designated provider. cility, the TRICARE program, or the medi- (3) The Secretary concerned shall submit (d) ADDITIONAL ENROLLMENT AUTHORITY.— Other covered beneficiaries may also receive care program, as the case may be. the final report not later than 90 days after health care services from a designated pro- (c) ESTABLISHMENT OF PAYMENT RATES ON the Secretary completes the pilot program vider, except that the designated provider ANNUAL BASIS.—The Secretary and a des- at a service academy. may market such services to, and enroll, ignated provider shall establish capitation (4) Each report shall include the following: only those covered beneficiaries who— payments on an annual basis, subject to peri- (A) A description of the conduct of the (1) do not have other primary health insur- odic review for actuarial soundness and to pilot program. ance coverage (other than medicare cov- adjustment for any adverse or favorable se- (B) A discussion of the experience under erage) covering basic primary care and inpa- lection reasonably anticipated to result from the pilot program. tient and outpatient services; or the design of the program. (C) An evaluation of the extent to which (2) are enrolled in the direct care system (d) ALTERNATIVE BASIS FOR CALCULATING section 402 of the National and Community under the TRICARE program, regardless of PAYMENTS.—After September 30, 1999, the Service Act of 1990 (42 U.S.C. 12672) has been whether the covered beneficiaries were users Secretary and a designated provider may effective in protecting the United States and of the health care delivery system of the uni- mutually agree upon a new basis for cal- others from liabilities associated with ac- formed services in prior years. culating capitation payments. tions taken under the pilot program. (e) SPECIAL RULE FOR MEDICARE-ELIGIBLE SEC. 727. REPEAL OF SUPERSEDED AUTHORI- (D) Any recommendations for legislation BENEFICIARIES.—If a covered beneficiary who TIES. to facilitate donations or collections of ex- desires to enroll in the managed care pro- (a) REPEALS.—The following provisions of cess food and grocery products of the United gram of a designated provider is also entitled law are repealed: States or others for nonprofit organizations. to hospital insurance benefits under part A (1) Section 911 of the Military Construction (f) DEFINITIONS.—In this section: of title XVIII of the Social Security Act (42 Authorization Act, 1982 (42 U.S.C. 248c). (1) The term ‘‘service academy’’ means U.S.C. 1395c et seq.), the covered beneficiary (2) Section 1252 of the Department of De- each of the following: shall elect whether to receive health care fense Authorization Act, 1984 (42 U.S.C. 248d). (A) The United States Military Academy. services as an enrollee or under part A of (3) Section 718(c) of the National Defense (B) The United States Naval Academy. title XVIII of the Social Security Act. The Authorization Act for Fiscal year 1991 (Pub- (C) The United States Air Force Academy. Secretary may disenroll an enrollee who sub- lic Law 101–510; 42 U.S.C. 248c note). (D) The United States Coast Guard Acad- sequently violates the election made under (4) Section 726 of the National Defense Au- emy. this subsection and receives benefits under thorization Act for Fiscal Year 1996 (Public (2) The term ‘‘Secretary concerned’’ means part A of title XVIII of the Social Security Law 104–106; 42 U.S.C. 248c note). the following: Act. (b) EFFECTIVE DATE.—The amendments (A) The Secretary of the Army, with re- (f) INFORMATION REGARDING ELIGIBLE COV- made by this section shall take effect on Oc- spect to the United States Military Acad- ERED BENEFICIARIES.—The Secretary shall tober 1, 1997. emy. provide, in a timely manner, a designated (B) The Secretary of the Navy, with re- provider with an accurate list of covered SARBANES AMENDMENT NO. 4066 spect to the United States Naval Academy. beneficiaries within the marketing area of (C) The Secretary of the Air Force, with the designated provider to whom the des- Mr. NUNN (for Mr. SARBANES) pro- respect to the United States Air Force Acad- ignated provider may offer enrollment. posed an amendment to the bill, S. emy. SEC. 725. APPLICATION OF CHAMPUS PAYMENT 1745, supra; as follows: (D) The Secretary of Transportation, with respect to the United States Coast Guard RULES. At the end of subtitle F of title X, add the (a) APPLICATION OF PAYMENT RULES.—Sub- Academy. following: ject to subsection (b), the Secretary shall re- (3) The terms ‘‘apparently fit grocery prod- quire a private facility or health care pro- SEC. 1072. FOOD DONATION PILOT PROGRAM AT uct’’, ‘‘apparently wholesome food’’, ‘‘do- THE SERVICE ACADEMIES. vider that is a health care provider under the nate’’, ‘‘food’’, and ‘‘grocery product’’ have Civilian Health and Medical Program of the (a) PROGRAM AUTHORIZED.—The Secretaries the meanings given those terms in section Uniformed Services to apply the payment of the military departments and the Sec- 402(b) of the National and Community Serv- rules described in section 1074(c) of title 10, retary of Transportation may each carry out ice Act of 1990 (42 U.S.C. 12672(b)). United States Code, in imposing charges for a food donation pilot program at the service academy under the jurisdiction of the Sec- health care that the private facility or pro- WARNER AMENDMENT NO. 4067 vider provides to enrollees of a designated retary. provider. (b) DONATIONS AND COLLECTIONS OF FOOD Mr. KEMPTHORNE (for Mr. WARNER) (b) AUTHORIZED ADJUSTMENTS.—The pay- AND GROCERY PRODUCTS.—Under the pilot proposed an amendment to the bill, S. ment rules imposed under subsection (a) program, the Secretary concerned may do- 1745, supra; as follows: shall be subject to such modifications as the nate to, and permit others to collect for, a Secretary considers appropriate. The Sec- nonprofit organization any food or grocery At the appropriate place in title X, insert retary may authorize a lower rate than the product that— the following: maximum rate that would otherwise apply (1) is— SEC. . DESIGNATION OF MEMORIAL AS NA- under subsection (a) if the lower rate is (A) an apparently wholesome food; TIONAL D-DAY MEMORIAL. agreed to by the designated provider and the (B) an apparently fit grocery product; or (a) DESIGNATION.—The memorial to be con- private facility or health care provider. (C) a food or grocery product that is do- structed by the National D-Day Memorial (c) REGULATIONS.—The Secretary shall pre- nated in accordance with section 402(e) of the Foundation in Bedford, Virginia, is hereby scribe regulations to implement this section National and Community Service Act of 1990 designated as a national memorial to be after consultation with the other admin- (42 U.S.C. 12672(e)); known as the ‘‘National D-Day Memorial’’. istering Secretaries. (2) is owned by the United States; The memorial shall serve to honor the mem- (d) CONFORMING AMENDMENT.—Section 1074 (3) is located at a service academy under bers of the Armed Forces of the United of title 10, United States Code, is amended by the jurisdiction of the Secretary; and States who served in the invasion of Nor- striking out subsection (d). (4) is excess to the requirements of the mandy, France, in June 1944. SEC. 726. PAYMENTS FOR SERVICES. academy. (b) PUBLIC PROCLAMATION.—The President (a) FORM OF PAYMENT.—Unless otherwise (c) PROGRAM COMMENCEMENT.—The Sec- is requested and urged to issue a public proc- agreed to by the Secretary and a designated retary concerned shall commence carrying lamation acknowledging the designation of June 19, 1996 CONGRESSIONAL RECORD — SENATE S6539

the memorial to be constructed by the Na- (b) GENERAL PROGRAM REQUIREMENTS.— skills to an agency or office of the Federal tional D-Day Memorial Foundation in Bed- Subsection (a)(1) of section 802 of the David Government approved by the Secretary (in ford, Virginia, as the National D-Day Memo- L. Boren National Security Education Act of consultation with the Board), upon the re- rial. 1991 (title VIII of Public Law 102–183; 50 quest of the agency or office, for a period (c) MAINTENANCE OF MEMORIAL.—All ex- U.S.C. 1902) is amended— specified by the Secretary, which period penses for maintenance and care of the me- (1) by striking out subparagraph (A) and shall be not less than one and not more than morial shall be paid for with non-Federal inserting in lieu thereof the following new three times the period for which the fellow- funds, including funds provided by the Na- subparagraph (A): ship assistance was provided; or tional D-Day Memorial Foundation. The ‘‘(A) awarding scholarships to undergradu- ‘‘(ii) if the recipient demonstrates to the United States shall not be liable for any ex- ate students who— Secretary (in accordance with such regula- pense incurred for the maintenance and care ‘‘(i) are United States citizens in order to tions) that no position in an agency or office of the memorial. enable such students to study, for at least of the Federal Government having national one academic semester or equivalent term, security responsibilities is available upon BYRD (AND OTHERS) AMENDMENT in foreign countries that are critical coun- the completion upon the completion of the NO. 4068 tries (as determined under section degree, work in the field of higher education 803(d)(4)(A) of this title) in those languages in a discipline relating to the foreign coun- Mr. NUNN (for Mr. BYRD, for himself, and study areas where deficiencies exist (as try, foreign language, area study, or inter- Mr. FORD, and Mrs. FEINSTEIN) pro- identified in the assessments undertaken national field of study for which the fellow- posed an amendment to the bill, S. pursuant to section 806(d) of this title); and ship was awarded, for a period specified by 1745, supra; as follows: ‘‘(ii) pursuant to subsection (b)(2)(A) of the Secretary, which period shall be estab- this section, enter into an agreement to lished in accordance with clause (i); and’’. In section 301(11), strike out ‘‘$2,692,473,000’’ work for, and make their language skills (d) EVALUATION OF PROGRESS IN LANGUAGE and insert in lieu thereof ‘‘$2,699,173,000’’. available to, an agency or office of the Fed- SKILLS.—Such section 802 is further amended In section 411(a)(5), strike out ‘‘108,594’’ and eral Government or work in the field of high- by— insert in lieu thereof ‘‘108,904’’. er education in the area of study for which (1) redesignating subsections (c), (d), and In section 412(5), strike out ‘‘10,378’’ and in- the scholarship was awarded;’’; and (e) as subsections (d), (e), and (f), respec- sert in lieu thereof ‘‘10,403’’. (2) in subparagraph (B)— In section 421, strike out ‘‘$69,878,430,000’’ tively; and (A) in clause (i), by inserting ‘‘relating to (1) by inserting after subsection (b) the fol- in the first sentence and insert in lieu there- the national security interests of the United lowing new subsection (c): of ‘‘$69,880,430,000’’. States’’ after ‘‘international fields’’; and ‘‘(c) EVALUATION OF PROGRESS IN LANGUAGE In section 201(3), strike out ‘‘$14,788,356,000’’ (B) in clause (ii)— SKILLS.—The Secretary shall, through the and insert in lieu thereof ‘‘$14,783,356,000’’. (i) by striking out ‘‘subsection (b)(2)’’ and In section 301(4), strike out ‘‘$17,953,039,000’’ National Security Education Program office, inserting in lieu thereof ‘‘subsection and insert in lieu thereof ‘‘$17,949,339,000’’. administer a test of the foreign language (b)(2)(B)’’; and At the end of subtitle B of title V add the skills of each recipient of a scholarship or (ii) by striking out ‘‘work for an agency or following: fellowship under this title before the com- office of the Federal Government or in’’ and mencement of the study or education for SEC. 518. MODIFIED END STRENGTH AUTHORIZA- inserting in lieu thereof ‘‘work for, and make TION FOR MILITARY TECHNICIANS which the scholarship or fellowship is award- FOR THE AIR NATIONAL GUARD FOR their language skills available to, an agency ed and after the completion of such study or FISCAL YEAR 1997. or office of the Federal Government or work education. The purpose of the tests is to Section 513(b)(3) of the National Defense in’’. evaluate the progress made by recipients of Authorization Act for Fiscal Year 1996 (Pub- (c) SERVICE AGREEMENT.—Subsection (b) of scholarships and fellowships in developing lic Law 104–106; 110 Stat. 305; 10 U.S.C. 115 that section is amended— foreign language skills as a result of assist- note) is amended to read as follows: (1) in the matter preceding paragraph (1), ance under this title.’’. ‘‘(3) Air National Guard: by striking out ‘‘, or of scholarships’’ and all (e) FUNCTIONS OF THE NATIONAL SECURITY ‘‘(A) For fiscal year 1996, 22,906. that follows through ‘‘12 months or more,’’ EDUCATION BOARD.—Section 803(d) of that ‘‘(B) For fiscal year 1997, 22,956.’’. and inserting in lieu thereof ‘‘or any scholar- Act (50 U.S.C. 1903(d)) is amended— ship’’. (1) in paragraph (1), by inserting ‘‘, includ- (2) by striking out paragraph (2) and in- COHEN AMENDMENT NO. 4069 ing an order of priority in such awards that serting in lieu thereof the following new favors individuals expressing an interest in Mr. KEMPTHORNE (for Mr. COHEN) paragraph (2): national security issues or pursuing a career proposed an amendment to the bill, S. ‘‘(2) will— in an agency or office of the Federal Govern- 1745, supra; as follows: ‘‘(A) not later than eight years after such ment having national security responsibil- recipient’s completion of the study for which In section 123(a), strike out paragraph (2), ities’’ before the period; scholarship assistance was provided under (2) in paragraph (4)— and insert in lieu thereof the following: the program, and in accordance with regula- (2) In addition to the purposes for which (A) in the matter preceding subparagraph tions issued by the Secretary— (A), by striking out ‘‘Make recommenda- the amount authorized to be appropriated by ‘‘(i) work in an agency or office of the Fed- section 102(a)(3) is available under subpara- tions’’ and inserting in lieu thereof ‘‘After eral Government having national security taking into account the annual analyses of graphs (B) and (C) of paragraph (1), the responsibilities (as determined by the Sec- amounts available under such subparagraphs trends in language, international, and area retary in consultation with the National Se- studies under section 806(b)(1), make rec- are also available for contracts with Electric curity Education Board) and make available Boat Division and Newport News Shipbuild- ommendations’’; such recipient’s foreign language skills to an (B) in subparagraph (A), by inserting ‘‘and ing to carry out the provisions of the agency or office of the Federal Government countries which are of importance to the na- ‘‘Memorandum of Agreement Among the De- approved by the Secretary (in consultation tional security interests of the United partment of the Navy, Electric Boat Cor- with the Board), upon the request of the States’’ after ‘‘are studying’’; and poration (EB) and Newport News Shipbuild- agency or office, for a period specified by the (C) in subparagraph (B), by inserting ‘‘re- ing and Drydock Company (NNS) Concerning Secretary, which period shall be no longer lating to the national security interests of the New Attack Submarine’’, dated April 5, than the period for which scholarship assist- the United States’’ after ‘‘of this title’; 1996, relating to design data transfer, design ance was provided; or (3) by redesignating paragraph (5) as para- improvements, integrated process teams, and ‘‘(ii) if the recipient demonstrates to the graph (7); and updated design base. Secretary (in accordance with such regula- (4) by inserting after paragraph (4) the fol- tions) that no position in an agency or office lowing new paragraphs: SIMON AMENDMENT NO. 4070 of the Federal Government having national ‘‘(5) Encourage applications for fellowships security responsibilities is available, work in under this title from graduate students hav- Mr. NUNN (for Mr. SIMON) proposed an amendment to the bill, S. 1745, the field of higher education in a discipline ing an educational background in disciplines relating to the foreign country, foreign lan- relating to science or technology. supra; as follows: guage, area study, or international field of ‘‘(6) Provide the Secretary on an on-going On page 311, between lines 9 and 10, insert study for which the scholarship was awarded, basis with a list of scholarship recipients and the following: for a period specified by the Secretary, which fellowship recipients who are available to SEC. 1072. IMPROVEMENTS TO NATIONAL SECU- period shall be determined in accordance work for, or make their language skills RITY EDUCATION PROGRAM. with clause (i); or available to, an agency or office of the Fed- (a) REPEAL OF TEMPORARY REQUIREMENT ‘‘(B) upon completion of such recipient’s eral Government having national security RELATING TO EMPLOYMENT.—Title VII of the education under the program, and in accord- responsibilities.’’. Department of Defense Appropriations Act, ance with such regulations— (f) REPORT ON PROGRAM.—(1) Not later than 1996 (Public Law 104–61; 109 Stat. 650), is ‘‘(i) work in an agency or office of the Fed- six months after the date of the enactment amended under the heading ‘‘NATIONAL SECU- eral Government having national security of this Act, the Secretary of Defense shall RITY EDUCATION TRUST FUND’’ by striking responsibilities (as so determined) and make submit to Congress a report assessing the out the proviso. available such recipient’s foreign language improvements to the program established S6540 CONGRESSIONAL RECORD — SENATE June 19, 1996 under the David L. Boren National Security (5) by striking out paragraph (3) and in- the Stevenson-Wydler Technology Innova- Education Act of 1991 (title VIII of Public serting in lieu thereof the following: tion Act of 1980) the following: Law 102–183; 50 U.S.C. 1901 et seq.) that result ‘‘(2) A cooperative agreement containing a ‘‘§ 2371a. Cooperative research and develop- from the amendments made by this section. clause under subsection (d) or a transaction ment agreements under Stevenson-Wydler (2) The report shall also include an assess- authorized under subsection (a) may be used Technology Innovation Act of 1980’’; ment of the contribution of the program, as for a research project when the use of a ‘‘(B) by striking out ‘‘(i) COOPERATIVE RE- so improved, in meeting the national secu- standard contract, grant, or cooperative SEARCH AND DEVELOPMENT AGREEMENTS rity objectives of the United States. agreement for such project is not feasible or UNDER STEVENSON-WYDLER TECHNOLOGY IN- appropriate.’’. NOVATION ACT OF 1980.—; and (b) REVISED REQUIREMENT FOR ANNUAL RE- COHEN AMENDMENT NO. 4071 ‘‘(C) in the table of sections at the begin- PORT.—Section 2371 of such title is amended ning of such chapter, by inserting after the Mr. KEMPTHORNE (for Mr. COHEN) by striking out subsection (h) and inserting item relating to section 2371 the following: proposed an amendment to the bill, S. in lieu thereof the following: 1745, supra; as follows: ‘‘(h) ANNUAL REPORT.—(1) Not later than 90 ‘‘§ 2371a. Cooperative research and develop- ment agreements under Steven- At the end of section 123 add the following: days after the end of each fiscal year, the son-Wydler Technology Innova- (e) NEXT ATTACK SUBMARINE AFTER NEW Secretary of Defense shall submit to the tion Act of 1980.’’. ATTACK SUBMARINE.—The Secretary of De- Committee on Armed Services of the Senate fense shall modify the plan (relating to de- and the Committee on National Security of ‘‘(2) Section 2358(d) of such title is amended velopment of a program leading to produc- the House of Representatives a report on De- by striking out ‘‘section 2371’’ and inserting tion of a more capable and less expensive partment of Defense use during such fiscal in lieu thereof ‘‘sections 2371 and 2371a’’. submarine than the New Attack Submarine) year of— that was submitted to Congress pursuant to ‘‘(A) cooperative agreements authorized GRASSLEY (AND OTHERS) section 131(c) of Public Law 104–106 (110 Stat. under section 2358 of this title that contain AMENDMENT NO. 4075 208) in order to provide in such plan for selec- a clause under subsection (d); and tion of a design for a next submarine for se- ‘‘(B) transactions authorized under sub- Mr. KEMPTHORNE (for Mr. GRASS- rial production not earlier than fiscal year section (a). LEY, for himself, Mrs. BOXER, and Mr. 2000 (rather than fiscal year 2003, as provided ‘‘(2) The report shall include, with respect HARKIN) proposed an amendment to the in paragraph (3)(B) of such section 131(c)). to the cooperative agreements and other bill, S. 1745, supra; as follows: transactions covered by the report, the fol- lowing: On page . between lines and , insert the MCCAIN AMENDMENT NO. 4072 ‘‘(A) The technology areas in which re- following: Mr. MCCAIN proposed an amendment search projects were conducted under such SEC. . REIMBURSEMENT FOR EXCESSIVE COM- PENSATION OF CONTRACTOR PER- to amendment No. 4061 proposed by Mr. agreements or other transactions. ‘‘(B) The extent of the cost-sharing among SONNEL PROHIBITED. SIMPSON to the bill, S. 1745, supra; as Federal Government and non-Federal (a) ARMED SERVICES PROCUREMENTS.—Sec- follows: sources. tion 2324(e)(1) of title 10, United States Code, At the end of the amendment, add the fol- ‘‘(C) The extent to which the use of the co- is amended by adding at the end the follow- lowing: operative agreements and other trans- ing: Notwithstanding any other provision of actions— ‘‘(P) Costs of compensation (including bo- this Act, none of the funds authorized for ‘‘(i) has contributed to a broadening of the nuses and other incentives) paid with respect construction, Phase I, of a combined support technology and industrial base available for to the services (including termination of maintenance shop at Camp Guernsey, Wyo- meeting Department of Defense needs; and services) of any one individual to the extent ming, may be obligated until the Secretary ‘‘(ii) has fostered within the technology that the total amount of the compensation of Defense certifies to Congress that the and industrial base new relationships and paid in a fiscal year exceeds $200,000.’’. project is in the future years Defense plan. practices that support the national security (b) CIVILIAN AGENCY PROCUREMENTS.—Sec- of the United States. tion 306(e)(1) of the Federal Property and Ad- SMITH (AND OTHERS) ‘‘(D) The total amount of payments, if any, ministrative Services Act of 1949 (41 U.S.C. 256(e)(1)) is amended by adding at the end the AMENDMENT NO. 4073 that were received by the Federal Govern- ment during the fiscal year covered by the following: Mr. KEMPTHORNE (for Mr. SMITH report pursuant to a clause described in sub- ‘‘(P) Costs of compensation (including bo- for himself, Mr. SANTORUM, and Mr. section (d) that was included in the coopera- nuses and other incentives) paid with respect GRAHAM) proposed an amendment to tive agreements and transactions, and the to the services (including termination of the bill, S. 1745, supra; as follows: amount of such payments, if any, that were services) of any one individual to the extent credited to each account established under that the total amount of the compensation At the end of subtitle C of title I add the paid in a fiscal year exceeds $200,000.’’. following: subsection (f).’’. (c) PROTECTION OF CERTAIN INFORMATION SEC. 125. MARITIME PREPOSITIONING SHIP PRO- FROM DISCLOSURE.—Such section, as amend- GRAM ENHANCEMENT. BOXER AMENDMENT NO. 4076 ed by subsection (b), is further amended by Section 2218(f) of title 10, United States inserting after subsection (h) the following: Mr. NUNN (for Mrs. BOXER) proposed Code, shall not apply in the case of the pur- ‘‘(i) PROTECTION OF CERTAIN INFORMATION an amendment to the bill, S. 1745, chase of three ships for the purpose of en- FROM DISCLOSURE.—(1) Disclosure of infor- supra; as follows: hancing Marine Corps prepositioning ship mation described in paragraph (2) is not re- At the end of title VIII, insert the follow- squadrons. quired, and may not be compelled, under sec- ing new section: tion 552 of title 5 for five years after the date SEC. . REPORTING REQUIREMENT UNDER DEM- BINGAMAN (AND SMITH) on which the information is received by the ONSTRATION PROJECT FOR PUR- AMENDMENT NO. 4074 Department of Defense. CHASE OF FIRE, SECURITY, POLICE, ‘‘(2) Paragraph (1) applies to the following PUBLIC WORKS, AND UTILITY SERV- Mr. NUNN (for Mr. BINGAMAN, for information in the records of the Depart- ICES FROM LOCAL GOVERNMENT himself and Mr. SMITH) proposed an ment of Defense if the information was sub- AGENCIES. amendment to the bill, S. 1745, supra; mitted to the department in a competitive or Section 816(b) of the National Defense Au- as follows: noncompetitive process having the potential thorization Act for Fiscal Year 1995 (Public At the end of title VIII add the following: for resulting in an award, to the submitters, Law 103–337; 108 Stat. 2820) is amended by striking out ‘‘1996’’ and inserting in lieu SEC. 810. RESEARCH UNDER TRANSACTIONS of a cooperative agreement that includes a OTHER THAN CONTRACTS AND clause described in subsection (d) or other thereof ‘‘1998’’. GRANTS. transaction authorized under subsection (a): (a) CONDITIONS FOR USE OF AUTHORITY.— ‘‘(A) Proposals, proposal abstracts, and MCCAIN AMENDMENT NO. 4077 Subsection (e) of section 2371 of title 10, supporting documents. Mr. KEMPTHORNE (for Mr. MCCAIN) United States Code is amended— ‘‘(B) Business plans submitted on a con- (1) by redesignating paragraphs (1) and (2) fidential basis. proposed an amendment to the bill, S. as subparagraphs (A) and (B); ‘‘(C) Technical information submitted on a 1745, supra; as follows: (2) by inserting ‘‘and’’ after the semicolon confidential basis.’’. At the end of subtitle D of title III, add the at the end of subparagraph (A), as so redesig- ‘‘(d) DIVISION OF SECTION INTO DISTINCT following: nated; PROVISIONS BY SUBJECT MATTER.—(1) Chapter SEC. . AUTHORITY FOR AGREEMENTS WITH IN- (3) by striking out ‘‘; and’’ at the end of 139 of title 10, United States Code, is amend- DIAN TRIBES FOR SERVICES UNDER subparagraph (B), as so redesignated, and in- ed— ENVIRONMENTAL RESTORATION serting in lieu thereof a period; ‘‘(A) by inserting before the last subsection PROGRAM. (4) by inserting ‘‘(1)’’ after ‘‘(e) CONDI- of section 2371 (relating to cooperative re- Section 2701(d) of title 10, United States TIONS.—’’; and search and development agreements under Code, is amended— June 19, 1996 CONGRESSIONAL RECORD — SENATE S6541

(1) in the first sentence of paragraph (1), by (2) USE OF LAND.—The Secretary of Veter- act or omission for which the fine or penalty striking out ‘‘, or with any State or local ans Affairs shall use the real property trans- is imposed arises out of an activity funded government agency,’’ and inserting in lieu ferred under paragraph (1) as a national cem- by the environmental restoration account thereof ‘‘, with any State or local govern- etery under chapter 24 of title 38, United concerned and the payment of the fine or ment agency, or with any Indian tribe,’’; and States Code. penalty has been specifically authorized by (2) by adding at the end the following: (3) RETURN OF UNUSED LAND.—If the Sec- law.’’. ‘‘(3) DEFINITION.—In this subsection, the retary of Veterans Affairs determines that (2) The table of sections at the beginning of term ‘Indian tribe’ has the meaning given any portion of the real property transferred chapter 160 of title 10, United States Code, is such term in section 101(36) of the Com- under paragraph (1) is not needed for use as amended by striking out the item relating to prehensive Environmental Response, Com- a national cemetery, the Secretary of Veter- section 2703 and inserting in lieu thereof the pensation, and Liability Act of 1980 (42 ans Affairs shall return such portion to the following new item: U.S.C. 9601(36)).’’. administrative jurisdiction of the Secretary ‘‘2703. Environmental restoration accounts.’’. of the Army. (b) REFERENCES.—Any reference to the De- (b) LEGAL DESCRIPTION.—the exact acreage NUNN AMENDMENT NO. 4078 fense Environmental Restoration Account in and legal description of the real property to any Federal law, Executive Order, regula- Mr. NUNN proposed an amendment be transferred or conveyed under this section tion, delegation of authority, or document of to the bill, S. 1745, supra; as follows: shall be determined by surveys that are sat- or pertaining to the Department of Defense In section 1006, strike out the last three isfactory to the Secretary of the Army. The shall be deemed to refer to the appropriate lines and insert in lieu thereof the following: cost of such surveys shall be borne by the re- environmental restoration account estab- ‘‘(B) The cost of any equipment, services, cipient of the real property. lished under section 2703(a)(1) of title 10, or supplies acquired for the purpose of carry- United States Code (as amended by sub- ing out or supporting activities described in MCCAIN AMENDMENT NO. 4082 section (a)(1)). (c) CONFORMING AMENDMENT.—Section such subsection (e)(5), including any non- Mr. KEMPTHORNE (for Mr. MCCAIN) 2705(g)(1) of title 10, United State Code, is lethal, individual or small-team landmine proposed an amendment to the bill, S. cleaning equipment or supplies that are to be amended by striking out ‘‘the Defense Envi- transferred or otherwise furnished to a for- 1745, supra; as follows: ronmental Restoration Account’’ and insert- eign country in furtherance of the provision On page 81, strike out line 18 and all that ing in lieu thereof ‘‘the environmental res- of assistance under this section.’’. follows through page 86, line 2, and insert in toration account concerned’’. (C) The cost of any equipment, services or lieu thereof the following: (d) TREATMENT OF UNOBLIGATED BAL- supplies provided pursuant to (B) may not SEC. 341. ESTABLISHMENT OF SEPARATE ENVI- ANCES.—Any unobligated balances that re- exceed $5 million each year. RONMENTAL RESTORATION AC- main in the Defense Environmental Restora- COUNTS FOR EACH MILITARY DE- tion Account under section 2703(a) of title 10, PARTMENT. United States Code, as of the effective date KEMPTHORNE AMENDMENT NO. (a) ESTABLISHMENT.—(1) Section 2703 of specified in subsection (e) shall be trans- 4079 title 10, United States Code, is amended to ferred on such date to the Defense Environ- Mr. KEMPTHORNE proposed an read as follows: mental Restoration Account established amendment to the bill, S. 1745, supra; ‘‘§ 2703. Environmental restoration accounts under section 2703(a)(1) of title 10, United States Code (as amended by subsection as follows: ‘‘(a) ESTABLISHMENT OF ACCOUNTS.—There are hereby established in the Department of (a)(1)). At the end of subtitle D of title II add the Defense the following accounts: (e) EFFECTIVE DATE.—The amendments following: ‘‘(1) An account to be known as the ‘De- made by this section shall take effect on the SEC. 243. AMENDMENT TO UNIVERSITY RE- fense Environmental Restoration Account’. later of— SEARCH INITIATIVE SUPPORT PRO- ‘‘(2) An account to be known as the ‘Army (1) October 1, 1996; or GRAM. (2) the date of the enactment of this Act. Environmental Restoration Account’. Section 802(c) of the National Defense Au- ‘‘(3) An account to be known as the ‘Navy f thorization Act for Fiscal Year 1994 (Public Environmental Restoration Account’. NOTICES OF HEARINGS Law 103–160; 107 Stat. 1701; 10 U.S.C. 2358 ‘‘(4) An account to be known as the ‘Air note) is amended by striking out ‘‘fiscal Force Environmental Restoration Account’. COMMITTEE ON ENERGY AND NATURAL RE- years before the fiscal year in which the in- ‘‘(b) OBLIGATION OF AUTHORIZED SOURCES, SUBCOMMITTEE ON PARKS, HISTORIC stitution submits a proposal’’ and inserting AMOUNTS.—Funds authorized for deposit in PRESERVATION, AND RECREATION in lieu thereof ‘‘most recent fiscal years for an account under subsection (a) may be obli- Mr. CAMPBELL. Mr. President, I which complete statistics are available when gated or expended from the account only in proposals are requested’’. would like to announce for the public order to carry out the environmental res- that the hearing scheduled before the toration functions of the Secretary of De- Subcommittee on Parks, Historic Pres- LOTT AMENDMENT NO. 4080 fense and the Secretaries of the military de- partments under this chapter and under any ervation, and Recreation of the Com- Mr. KEMPTHORNE (for Mr. LOTT) other provision of law. Funds so authorized mittee on Energy and Natural Re- proposed an amendment to the bill, S. shall remain available until expended. sources on Thursday, June 20, 1996 at 1745, supra; as follows: ‘‘(c) BUDGET REPORTS.—In proposing the 9:30 a.m. in room SD–366 of the Dirksen Strike out section 1008, relating to the pro- budget for any fiscal year pursuant to sec- Senate Office Building in Washington, hibition on the use of funds for Office of tion 1105 of title 31, the President shall set DC, to review S. 1424, a bill to redesig- Naval Intelligence representation or related forth separately the amounts requested for nate the Black Canyon of the Gunnison activities. environmental restoration programs of the National Monument as a national park, Department of Defense and of each of the military departments under this chapter and to establish the Gunnison Gorge Na- INHOFE (AND NICKLES) under any other Act. tional Recreation Area, to establish AMENDMENT NO. 4081 ‘‘(d) AMOUNTS RECOVERED.—The following the Curecanti National Recreation Mr. KEMPTHORNE (for Mr. INHOFE, amounts shall be credited to the appropriate Area, to establish the Black Canyon of environmental restoration account: for himself and Mr. NICKLES) proposed the Gunnison National Park Complex, ‘‘(1) Amounts recovered under CERCLA for has been canceled until further notice. an amendment to the bill, S. 1745, response actions. supra; as follows: For further information, please con- ‘‘(2) Any other amounts recovered from a tact Jim O’Toole of the subcommittee Insert the following in the appropriate contractor, insurer, surety, or other person place: to reimburse the Department of Defense or a staff at (202) 224–5161. SEC. . TRANSFER OF JURISDICTION AND LAND military department for any expenditure for COMMITTEE ON ENERGY AND NATURAL RE- CONVEYANCE, FORT SILL, OKLA- environmental response activities. SOURCES, SUBCOMMITTEE ON PARKS, HISTORIC HOMA. ‘‘(e) PAYMENTS OF FINES AND PENALTIES.— PRESERVATION, AND RECREATION (a) TRANSFER OF LAND FOR NATIONAL CEME- None of the funds appropriated to the De- Mr. CAMPBELL. Mr. President, I TERY.— fense Environmental Restoration Account would like to announce for the public (1) TRANSFER AUTHORIZED.—the Secretary for fiscal years 1995 through 1999, or to any that a hearing has been scheduled be- of the Army may transfer, without reim- environmental restoration account of a mili- fore the Subcommittee on Parks, His- bursement, to the administrative jurisdic- tary department for fiscal years 1997 through tion of the Secretary of Veterans Affairs a 1999, may be used for the payment of a fine toric Preservation, and Recreation of parcel of real property (including any im- or penalty (including any supplemental envi- the Committee on Energy and Natural provements thereon) consisting of approxi- ronmental project carried out as part of such Resources. mately 400 acres and comprising a portion of penalty) imposed against the Department of The hearing will take place on Thurs- Fort Sill, Oklahoma. Defense or a military department unless the day, July 18, 1996 at 9:30 a.m. in room S6542 CONGRESSIONAL RECORD — SENATE June 19, 1996 SD–366 of the Dirksen Senate Office the Committee will also receive testi- The PRESIDING OFFICER. Without Building in Washington, DC. mony on S. 1889, a bill to authorize the objection, it is so ordered. The purpose of this hearing is to re- exchange of certain lands conveyed to COMMITTEE ON INDIAN AFFAIRS view S. 988, a bill to direct the Sec- the Kenai Native Association pursuant Mr. COATS. Mr. President, I ask retary of the Interior to transfer ad- to the Alaska Native Claims Settle- unanimous consent that the Commit- ministrative jurisdiction over certain ment Act, to make adjustments to the tee on Indian Affairs be authorized to land to the Secretary of the Army to National Wilderness System, and for meet during the session of the Senate facilitate construction of a jetty and other purposes. on Wednesday, June 19, 1996 at 9:30 a.m. sand transfer system and S. 1805, a bill Those wishing to testify or who wish to conduct a mark-up on Title III of to provide for the management of to submit written statements with re- H.R. 3286, the Adoption Promotion and Voyageurs National Park. gard to S. 1889, should write to the Stability Act of 1996. The mark-up will Because of the limited time available Committee on Energy and Natural Re- be held in Room 485 of the Russell Sen- for the hearing, witnesses may testify sources, U.S. Senate, Washington, DC ate Office Building. by invitation only. However, those 20510. Presentation of oral testimony is The PRESIDING OFFICER. Without wishing to submit written testimony by Committee invitation. For further objection, it is so ordered. for the hearing record should send two information, please contact Jo Meuse COMMITTEE ON THE JUDICIARY copies of their testimony to the Sub- or Brian Malnak. Mr. COATS. Mr. President, I ask committee on Parks, Historic Preser- f unanimous consent that the Commit- vation, and Recreation, Committee on tee on the Judiciary be authorized to Energy and Natural Resources, United AUTHORITY FOR COMMITTEES TO meet during the session of the Senate States Senate, 364 Dirksen Senate Of- MEET on Wednesday, June 19, 1996, to hold an fice Building, Washington, D.C. 20510– COMMITTEE ON AGRICULTURE, NUTRITION, AND executive business meeting. 6150. FORESTRY The PRESIDING OFFICER. Without For further information, please con- Mr. COATS. Mr. President, I ask objection, it is so ordered. tact Jim O’Toole of the subcommittee unanimous consent that the Commit- COMMITTEE ON RULES AND ADMINISTRATION staff at (202) 224–5161. tee on Agriculture, Nutrition, and For- Mr. COATS. Mr. President, I ask COMMITTEE ON ENERGY AND NATURAL RE- estry be allowed to meet during the unanimous consent that the Commit- SOURCES, SUBCOMMITTEE ON PARKS, HISTORIC session of the Senate on Wednesday, tee on Rules and Administration be au- PRESERVATION, AND RECREATION June 19, 1996, to consider the commit- thorized to meet during the session of Mr. CAMPBELL. Mr. President, I tee’s budget reconciliation instruc- the Senate on Tuesday, June 18, 1996 would like to announce for the public tions. beginning at 9:00 a.m., and Wednesday, that a hearing has been scheduled be- The PRESIDING OFFICER. Without June 19, 1996, beginning at 9:30 a.m. fore the Subcommittee on Parks, His- objection, it is so ordered. until business is completed, to hold a toric Preservation, and Recreation of COMMITTEE ON BANKING, HOUSING, AND URBAN hearing on Public Access to Govern- the Committee on Energy and Natural AFFAIRS ment Information in the 21st Century, Resources. Mr. COATS. Mr. President, I ask with a focus on the GPO Depository Li- The hearing will take place on Thurs- unanimous consent that the Commit- brary Program/Title 44. day, July 25, 1996, at 9:30 a.m. in room tee on Banking, Housing, and Urban The PRESIDING OFFICER. Without SD–366 of the Dirksen Senate Office Affairs be authorized to meet during objection, it is so ordered. Building in Washington, DC. the session of the Senate on Wednes- SELECT COMMITTEE ON INTELLIGENCE The purpose of this hearing is to re- day, June 19, 1996, to conduct a mark- Mr. COATS. Mr. President, I ask view S. 1699, a bill to establish the Na- up of S. 1815, the ‘‘Securities Invest- unanimous consent that the Select tional Cave and Karst Research Insti- ment Promotion Act of 1995’’. Committee on Intelligence be author- tute in the State of New Mexico; S. The PRESIDING OFFICER. Without ized to meet during the session of the 1737, a bill to protect Yellowstone Na- objection, it is so ordered. Senate on Wednesday, June 19, 1996 at tional Park, the Clarks Fork of the 9:00 a.m. to hold an open hearing on In- Yellowstone National Wild and Scenic COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION telligence Matters and at 2:00 p.m. to River and the Absaroka-Beartooth Na- Mr. COATS. Mr. President, I ask hold a closed business meeting. tional Wilderness Area; and S. 1809, the unanimous consent that the Commit- The PRESIDING OFFICER. Without ‘‘Aleutian World War II National His- tee on Commerce, Science, and Trans- objection, it is so ordered. toric Sites Act of 1996’’. f Because of the limited time available portation be allowed to meet during for the hearing, witnesses may testify the Wednesday, June 19, 1996 session of ADDITIONAL STATEMENTS by invitation only. However, those the Senate for the purpose of conduct- wishing to submit written testimony ing a hearing on Salmon Recovery Re- for the hearing record should send two search. PROPOSED MERGER BETWEEN THE copies of their testimony to the Sub- The PRESIDING OFFICER. Without UNION PACIFIC AND SOUTHERN committee on Parks, Historic Preser- objection, it is so ordered. PACIFIC RAILROADS vation, and Recreation, Committee on COMMITTEE ON ENERGY AND NATURAL ∑ Mr. BOND. Mr. President, when Con- Energy and Natural Resources, United RESOURCES gress passed legislation last year trans- States Senate, 364 Dirksen Senate Of- Mr. COATS. Mr. President, I ask ferring the authority to review pro- fice Building, Washington, DC 20510– unanimous consent that the Commit- posed rail mergers from the former 6150. tee on Energy and Natural Resources Interstate Commerce Commission to For further information, please con- be granted permission to meet during the Surface Transportation Board, a tact Jim O’Toole of the subcommittee the session of the Senate on Wednes- major issue of concern in the Senate staff. day, June 19, 1996, for purposes of con- was whether or not the Board should COMMITTEE ON ENERGY AND NATURAL ducting a Full Committee business retain exclusive jurisdiction over en- RESOURCES meeting which is scheduled to begin at suring that healthy competition is pro- Mr. MURKOWSKI. Mr. President, I 9:30 a.m. The purpose of this meeting is tected before any proposed merger is would like to announce for the infor- to consider pending calendar business. approved. That congressionally im- mation of the Senate and the public an The PRESIDING OFFICER. Without posed responsibility is indeed impor- addition to the agenda of the Full Com- objection, it is so ordered. tant and its first major test will be mittee hearing previously scheduled COMMITTEE ON FINANCE seen soon when the Board issues its de- for Wednesday, June 26 at 9:30 a.m. in Mr. COATS. Mr. President, the Fi- cision on the proposed merger of the Room SD–366 of the Dirksen Senate Of- nance Committee requests unanimous Union Pacific and Southern Pacific fice Building in Washington, DC. consent to conduct a hearing on Railroads. In addition to receiving testimony on Wednesday, June 19, 1996, beginning at Never before has such a large consoli- matters regarding the U.S. Territories, 10:00 a.m. in room SD–215. dation of control over rail traffic been June 19, 1996 CONGRESSIONAL RECORD — SENATE S6543 proposed and never before have so riers, divestiture would not force the faith with the American people. For many expressed such strong reserva- applicants to sell any of these lines for months, I reminded our committee of tions about the dangers to competition less then their market value. Divesti- the importance of being credible and of posed by such a merger. ture allows the merger to go forward the need to maintain the confidence of The Board must discharge its respon- and gives the UP and SP the benefits of the American people. Constituents in sibility to protect competition and in end-to-end efficiency and the adminis- my home State often expressed their this case to do so, it must condition ap- trative-corporate consolidation that displeasure with our committee’s par- proval of the proposed merger with they want while protecting competi- tisan politics. And they told me they mandatory divestiture of the parallel tion for shippers. no longer trusted our committee to lines created as a result of the merger Unfortunately, the trackage rights find the truth in a fair and impartial to an independent rail competitor. solution to these serious threats to manner. This condition is essential to approve competition will not resolve the prob- Mr. President, we were charged with the proposed merger. Granting track- lems. Even with added access, competi- the mission of finding all of the facts age rights alone is not sufficient to tors operating over lines controlled by relating to the President’s relationship protect competition. In reviewing this an aggressively competitive owner are with Whitewater and related matters. question, the Board should consider the inferior to the owner of the line who That’s what the American people want- following: uses control of access to place the com- ed us to do. That is what they expected First, the proposed merger would petitor at a serious disadvantage. us to do. Unfortunately, the majority leave two railroads in the West, the Trackage rights alone do not con- decided to make allegations first, and combined UP-SP and the BN-Santa Fe, stitute available competition, only ac- find the facts second. If the facts failed with control of 90 percent of the rail cess to actual moving traffic does. to support the allegations, the major- traffic in the West, resulting in reduced That can be achieved only by manda- ity simply discarded the facts. competition, higher shipping rates, and tory divestiture of parallel lines. I believe, and most of my colleagues reduced service. The Departments of Justice, Trans- will agree, that there were few in- Second, the proposed merger will portation, and Agriculture oppose the stances where the White House could cause many shippers to go from three current proposed merger due to these have produced documents faster or an- carriers to two, and many more from competitive problems. Numerous ship- swered questions more quickly. In its two carriers to only one. The Depart- pers groups and many of the affected attempt to be careful and cautious, the ment of Justice’s review estimates over States have voiced concerns as well. White House ultimately ran into per- $6 billion in shipping traffic would be Mr. President, I believe Congress wants ception problems. The White House affected by this reduced competition. the Board to discharge its duty to pro- looked as if it was covering up the Third, oddly enough, the competitive tect competition. We will see this deci- truth. Once all the information was harm in this proposed merger is two sion as the crucial test whether it will gathered, we learned the White House times the competitive harm of the pro- or will not. had not acted improperly—rather in posed Santa Fe-Southern Pacific merg- Congress explicitly recognized dives- many cases it was as open and forth- titure as a viable condition available er proposed and rejected in the mid- coming as possible. In no way did the to the Board when it passed the ICC 1980’s. White House act to obstruct justice or Termination Act creating the Surface It is not surprising that numerous attempt to impede this committee’s in- Transportation Board. Congress spe- shipping groups have publicly opposed vestigation. the merger in its present form and cifically wrote divestiture into the new The majority granted the special favor divestiture to solve the competi- law with this need in mind. Divestiture committee $400,000 to extend our hear- tive problems. These groups include to the highest bidder certainly pro- ings well beyond our original February the Society of Plastics, the NIT motes free-market competition. The deadline. Nearly 4 months later, our Board clearly has this authority and League, and the Gulf States of Texas committee conducted only 10 more should use it to protect competition. and Louisiana. The American Farm ∑ hearings. This track record makes it Bureau, National Grange, and National f very clear to me that we could have Farm Bureau are among the many ag- FINAL REPORT BY THE SPECIAL concluded our work by the original riculture groups opposed to the merger COMMITTEE TO INVESTIGATE deadline, and that the majority simply and requesting conditions other than WHITEWATER intended to continue these hearings the BNSF-CMA agreement. Divestiture ∑ Mrs. MURRAY. Mr. President, yes- further into the Presidential election of parallel tracks and facilities will re- terday, after 13 months, 51 hearings, 159 season. sult in preservation of competitive op- witnesses, thousands of pages of docu- Now, after finding no wrongdoing by tions for all shippers who would other- ments, and nearly 2 million taxpayer the President in relation to the subject wise see reduction in competition from dollars, the Special Committee To In- at hand—Whitewater and Madison two carriers to one, and for a signifi- vestigate Whitewater concluded its Guaranty—the Majority has leaked re- cant number who would go from three work. ports that it intends to pursue perjury to two. Our committee found no instance in charges on three of the President’s Mr. President, last fall I joined with which the President or the First Lady aides and advisers. This is a clear at- the chairman of the House Small Busi- have acted unethically, illegally or tempt to move attention away from ness Committee, Congresswoman JAN abused their power. the fruitless investigation by creating MEYERS, in convening a joint session of Mr. President, the special committee a new allegation. Like many of the our Small Business Committees, to released two varying reports yesterday: smoking guns that amounted to no hear from small shippers who have A Republican majority report and a more than squirt guns, it again appears been affected by mega-mergers like Democratic minority report. Our com- to be another effort to make news this in the past and who know what the mittee started its work in true biparti- where there is no news, and to make consequences of this proposed merger, san fashion. Unfortunately, as the in- political noise in an election year. if approved in its current form, will be vestigation repeatedly failed to Our committee spent nearly $2 mil- for them in the future. They were produce any substantive or legitimate lion to examine the facts. The Resolu- unanimous. They know that only ac- wrongdoing by the President, the ma- tion Trust Corporation [RTC] spent tual, real competition protects them jority veered the committee down a nearly $4 million conducting an inde- from the serious consequences of being path of partisan politics and specula- pendent investigation clearing the captive to a single shipper. They have tion. As a result, our bipartisan team- Clintons of any wrongdoing. And the come out in droves to voice their fears work broke down. It disintegrated to a independent counsel has spent more in their public filing to the Board. point that two separate reports are than $26 million on its ongoing inves- Their interests collectively must be needed in order to report our findings tigation. Including the House commit- protected. as clearly as possible. tee hearings, nearly $40 million of pub- Because of the intense interest in The biggest failing of this commit- lic money has been spent to bring all these parallel lines by competing car- tee, however, was our failure to keep relevant information into the open. S6544 CONGRESSIONAL RECORD — SENATE June 19, 1996 The final reports put to rest the suicide HIDDEN HUMAN TOLL OF ego trip for me.’’ And a macho thing, since of Vince Foster, concluded the Clinton GAMBLING compulsive gambling is mostly a man’s dis- ease. Unlike alcoholism or drug addiction, White House did not interfere with ∑ Mr. SIMON. Mr. President, in all the RTC and Department of Justice inves- only 10 percent of compulsive gamblers are discussion about the problems of gam- women. tigations, and discovered then-Gov- bling in the United States, most of us But women become victims. One elderly ernor Clinton did not misuse his power in those discussions use statistics. landlady in New Mexico housed Alby and a to influence State regulators. What we frequently fail to under- buddy when they were 16. After they skipped It is time for us to move beyond this stand are the human beings involved in out without paying rent, she wrote Alby’s parents, ‘‘They were both good, likable political issue. It is time for Congress the addiction. to address the issues that really con- kids.’’ She missed them after Alby ‘‘left Ken Adelman, the former head of The town like something from a cannon. He said cern the American people. When I go Arms Control and Disarmament Agen- home people ask me what Congress has he needed to return home on account of a cy and now a columnist who is nation- death of a sister.’’ No sister had died. Such done to preserve their quality of life, ally syndicated, recently had a column began a life of lies. what Congress has done to improve our in the Washington Times that told Though having now spent more than half education system, and what Congress about a cousin of his. his life behind bars, Alby never considered himself a criminal. He trashed common con- has done to improve our health care de- It tells in simple, graphic terms why livery system. I can count on one hand victs, especially armed robbers: ‘‘They’re we need a commission to look at this the number of times somebody asked stupidest people in the world. They go to jail problem. me about Whitewater over the past 2 for 10 years for a hundred bucks when I can I don’t know how many personal get $50,000 with a pen in hand rather than a years. cases I have heard of since introducing gun.’’ As a member of the Special the bill on the commission, but it is Like most compulsive gamblers, Alby ab- Whitewater Committee, I took my job enough to encourage me to fight for its hors violence. None of his crimes involved seriously. I understood the importance guns, knives or physical assaults. They in- of our committee, and I stand by the creation, and I hope my colleagues will volved passing bad checks and schemes of minority report. Our report studies the have the good sense to pass the meas- every sort. Though non-violent, they still facts very carefully, and after compil- ure and create the commission. hurt others, especially family members. ing all of the facts we made our conclu- I ask that the Washington Times col- Alby’s father bailed him out of jail and dan- gerous situations for several years before sions accordingly. I urge all interested umn be printed in the RECORD. The column follows: giving up. His grandfather lasted longer, but parties to read this report, and I am after Alby stole his prized stamp collection [From the Washington Times, June 13, 1996] hopeful it completes the mission we and World War I medals, he too gave up. were instructed to pursue.∑ HIDDEN HUMAN TOLL OF GAMBLING The burden falls too on friends and neigh- f (By Ken Adelman) bors. Rummaging through family cor- Stopping for a fund-raiser in Las Vegas respondence, I came across scores of sad sto- TRIBUTE TO JIM SMITH last weekend, Bill Clinton solicited big gam- ries. One came from the mother of a high ∑ Mr. MCCONNELL. Mr. President, I bling bucks, as has Bob Dole. Lost in the pol- school buddy who ‘‘loaned’’ Alby his coin rise today to pay tribute to a Kentucky icy debate over state-sponsored gambling— collection but never got it back.‘‘My son is a businessman whose success allowed via lotteries, casinos, horse races, what- stranger to you but he is my only child and the most important person in the world to him to give something back to Ken- ever—is the personal dimension. This hasn’t been lost on our family, which me,’’ she wrote Alby’s folks. ‘‘The coins he’s tucky. Jim Smith, who passed away has endured pain from my first cousin, Alby, been saving since he was little were his only May 31, was one of western Kentucky’s becoming a compulsive gambler. At 15 years concrete asset. They are now gone. most successful self-made businessmen. old, I should have sensed Alby’s problem Though sharing an addiction, compulsive Mr. Smith, the youngest of eight when our grandfather, Papa, took us on a gamblers differ from drug and alcohol abus- children, dropped out of school in the trip abroad. The whole way Alby wanted to ers. The gambling life is one of involvement 10th grade. After being involved in sev- bet on whose room would have a higher num- and stimuli. Drug and alcohol addicts lead a ber (Papa’s or ours), whether our seats would life of withdrawal and passivity. eral construction company partner- While gambling is as old as humanity it- ships, he struck out on his own and be on the right or left side of the airplane, on anything really. He was—and presumably is, self—archaeologists have found a 4,000-year- turned one bulldozer into a multi-mil- old lamb bone used as dice—compulsive gam- lion dollar construction business. Jim though I haven’t seen him in years—an en- gaging and brilliant fellow. We never sus- bling is a relatively new affliction. Upward Smith Construction Co. built most of pected the years of jail and a failed life gam- of 10 million compulsive gamblers in Amer- the major highways in western Ken- bling would bring. ica—perhaps 10 times the number of drug ad- tucky. He also expanded into other Between prison sentences, beginning at age dicts—may be increasing in numbers now. areas, including coal, transportation, a 16 or so, Alby would hit the track, poker ta- For state and local lotteries not only furnish hotel, and a restaurant. bles, and sports events. No state lotteries the opportunity, but encourage ‘‘striking it had yet been established, so we can’t blame rich’’ without any effort. A close friend and business partner, Alby’s tragedy may become epidemic since David Reed, was quoted in the Paducah them for our family woes. How much state- sponsored gambling, now dubbed ‘‘gaming,’’ legalized gambling has increased 2,800 per- Sun as saying, ‘‘Those of us who know cent over the past two decades. To grasp this Jim well realize immediately the void multiplies the number of Albys in America should be a key focus of the national com- danger, imagine the furor if state and local his passing will mean, not only to us mission on gambling, which Congress is now governments not only legalized drug sale and personally but to all of western Ken- debating. use but themselves sold and advertised drugs tucky.’’ Former Kentucky Gov. Julian ‘‘The main ambitions I ever had were fan- to the general public. As Congress debates establishing a na- Carroll said of Mr. Smith, ‘‘I’ve known tasies,’’ Alby told me in 1975, when I spent tional commission on the effects of gam- six months researching his life. He poured him as a friend, a businessman, a citi- bling, everyone has focused on the commis- his mathematical genius, personality and zen of the community, a Christian * ** sion’s subpoena powers. More critical would wit into gambling. Alby won big at times— but of all the roles that Jim filled in be a focus on the human toll gambling takes, $10,000 in one day and $7,700 in one race. But his life, the one that he relished the on tales of wasted lives, like Alby’s. those triumphs were fleeting as all winnings most, and agonized over the most, was went back into the game. The amounts were f being the father of four sons.’’ Even staggering, at least to me. Alby burned though he was wealthy, Mr. Smith re- INS EMPLOYMENT VERIFICATION through more than $1 million before turning PILOT PROJECT quired his sons to work and earn their 30. He squandered it all, as well as two mar- living. riages and a host of natural abilities. ∑ Mr. KERREY. Mr. President, at the Mr. Smith is survived by his wife, Alby became attracted and then addicted end of May, the Immigration and Natu- Sandy; four sons, Mike, Rex, Chris, and to horse-racing while still in high school. ralization Service and a consortium of Steve; two stepchildren, Joelle Smith ‘‘When you’re at the track or when you’re meatpacking companies announced an and Joel Weaver; three brothers, gambling, you’re in a different world,’’ he innovative pilot project in which the Hiram, Hugh, and Bill Smith; and three mused. ‘‘There’s nothing else that matters until you walk into reality again. It’s a companies will voluntarily verify the sisters, Geneva Youngblood, Imogene dream world.’’ Gambling became his trade- employment eligibility of noncitizens Riggs, and Lucille Wade. I would ask mark. who seek employment. that my colleagues join me in honoring ‘‘When I won, I would have a lot of money I commend the meatpacking indus- this extraordinary Kentuckian.∑ in my pocket and flash it around. It was an try, specifically IBP and BeefAmerica June 19, 1996 CONGRESSIONAL RECORD — SENATE S6545 in Nebraska, as well as companies else- and fired its imagination. Clubs were THE WHITE HOUSE, where in recognizing that the jobs they soon modeling themselves upon the Washington, June 19, 1996. offer are a major draw for immigrants, Knickerbockers, and Hoboken’s Ely- Warm greetings to everyone gathered in Hoboken, New Jersey, to commemorate the some of whom are not in the country sian Fields became one of the first 150th anniversary of the celebrated baseball legally, and for taking the initiative to great centers of baseball activity in the game on Elysian Fields between the Knicker- help root out those who are not eligible United States. bockers and the New York Club. to work. The meatpacking industry Over the last 150 years, the seed first Throughout its long and storied history, wants to hire legal workers; this indus- planted in New Jersey became firmly baseball has stirred the hearts and captured try is also well aware of how difficult a rooted in the American landscape and the imagination of the American people. From hot summer days on the sandlot to task that can be given the availability then spread around the globe. cool autumn nights at the World Series, of forged documents. The Employment But although baseball is enjoyed baseball has passed from generation to gen- Verification Pilot will test, across an throughout the world, it is a uniquely eration as new stars rise to replace the leg- entire industry, a hiring system that American game. It both mirrors and ends of the past and new fans learn to root has already demonstrated success in molds our national character. for the home team. smaller pilot projects. It has been said that ‘‘Whoever wants Through wars and depression, good times to know the hearts and minds of Amer- and bad, we have been beguiled by the sights In a relatively short period of time and sounds of this graceful and timeless we should expect that the word will ica had better learn baseball.’’ This is game. The crack of the bat on a hard-hit spread: Nebraska and other States with undeniably true, because baseball is ball; the slap of a fastball into a catcher’s good job opportunities will keep the one of the world’s most democratic mitt; the smooth precision of a well-turned welcome mat out for those authorized games. Each team has equal oppor- double play; the thrill of a stolen base; the to work, but will shut the door to those tunity to win, since no timeclock de- sight of a home run as it clears the center who are not. The participating compa- cides when the game is done. Only hard field fence—these are the things that have imprinted baseball in the soul of America. nies together employ about 56,000 work and teamwork determine a win- I join you in celebrating this cherished na- workers at 48 sites in 10 States. Par- ner. What could better reflect our na- tional pastime and the players, managers, ticipation by these employers ensures tional philosophy? coaches, and fans who have made it a perma- that about 80 percent of the But baseball not only mirrors our nent part of American culture. Best wishes meatpacking industry will be covered. character, it also molds it. For genera- for a memorable day. I also commend the INS for their re- tions of immigrant children, their first BILL CLINTON.∑ sponse to an issue of utmost impor- American experience often came on the f baseball diamond. During World War II, tance to the country—protecting TRIBUTE TO LUCILLE MAURER, when our male baseball players joined American jobs and continuing efforts FORMER STATE TREASURER OF the war effort, all-female teams were to reduce the primary incentive for il- MARYLAND legal immigration—the job magnet. I formed. Displaying exceptional talent also want to laud the INS for recogniz- and tenacity, these ballplayers vividly ∑ Ms. MIKULSKI. Mr. President, the ing the usefulness of a voluntary sys- demonstrated that a woman could fill a State of Maryland mourns today. We have lost a tremendous public tem. By participating with employers man’s shoes. In 1947, baseball set a servant and role model in Lucille in fashioning the program, the INS has powerful example for the Nation; when Maurer, who died Monday at the age of forged a partnership that will lead to Jackie Robinson joined the Brooklyn 73, after a long struggle with a brain success. Dodgers, professional baseball became one of the standard bearers of the de- tumor. The process is simple. Employers who Lucy Maurer was a long time Mont- segregation movement. volunteer to participate can quickly gomery County legislator who went on For all that baseball has done, per- verify with INS, through a computer, to serve as Maryland’s first female haps its greatest contribution is simply whether their newly hired, noncitizen treasurer. She served as treasurer for employees are authorized to work. In the bond that it forms between one over 9 years, ending this past January. most cases, verification will be re- generation of Americans and the next. As treasurer, she was widely recognized ceived in minutes. Through quick ver- It is a bond forged between children for her effectiveness, her professional- ification, this project cracks down on and parents who have spent long days ism, her intelligence, and her commit- illegal employment while protecting together at the ballpark or on the ball- ment. Lucy also served in the House of the rights of legal immigrant workers. field. Delegates and on several school boards. I believe this pilot project has the po- As Americans, we come from diverse But her public service was not lim- tential to restore American’s faith in cultures, often with very different cus- ited to fiscal affairs; Lucy Maurer also the legal immigration system and I toms and beliefs. It is only our com- committed her considerable talents look forward to the evaluation of the mon experiences that bind us together and energies to those who needed them program after it has gotten off the as a nation. Whether playing it or most—Maryland’s children. Whether ground. I also look forward to continue watching it, baseball has been one of the issue was education, nutrition, or working with INS and employers to en- the few shared experiences enjoyed by safety, Lucy wanted the promise of a sure that Americans jobs are protected all of us, a common thread which has better future to become a reality for and available for those who are in the helped stitch together the tapestry of every child. United States legally.∑ America. So, it is no exaggeration to Lucy was an outstanding example of f say that baseball is, and will always be, all that is good about democratic poli- a part of our national identity, our na- tics. She was also a great friend and an HONORING THE 150TH tional heritage, and our national great- inspiration to so many women—and ANNIVERSARY OF BASEBALL ness. men—who hold public office. We looked ∑ Mr. LAUTENBERG. Mr. President, I am pleased to recognize the impor- to emulate the strength, fiscal and po- on a warm spring afternoon, on June tant role which New Jersey played in litical savvy, confidence, and can-do 19, 1846, the seeds of modern baseball baseball’s history. Too few people real- spirit that was so much a part of her. were planted in the fertile soil of New ize that baseball’s first match game She was an inspiration to the many Jersey. On that day, one of baseball’s was played in Hoboken. Hopefully, the unheralded women across Maryland first teams, the Knickerbockers, in- events taking place today in Hoboken, who work everyday to improve their vited a group known as the New York to celebrate that first game, will help communities and make a real dif- City Club to join them for a game of spread the word. Congratulations Ho- ference. I hope Lucy’s community in- ball. They met on the Elysian Fields of boken, and happy 150th anniversary to volvement—with groups like the PTA Hoboken, NJ, and played under a America’s national pastime, the sport and the League of Women Voters—will unique set of rules, which the Knicker- of baseball. encourage even more women to become bockers had recently devised. With the Mr. President, I ask that a letter active in community and political af- first pitch, the modern game of base- from President Clinton be printed in fairs. I can think of no legacy more im- ball was born. The new pastime quickly the RECORD. portant that Lucy Maurer could leave captured the young Nation’s interest The letter follows: for the Maryland she loved so much. S6546 CONGRESSIONAL RECORD — SENATE June 19, 1996 I would like to extend my condo- organization as a claque of subservient pup- geon, and Kathleen Magee, a nurse and lences to Lucy’s husband, Ely Maurer, pets manipulated by the United States. social worker. I particularly want to to the rest of the Maurer family, and to In Havana, a spokesman for the Cuban For- commend the founders of Operation the colleagues and friends in Maryland eign Ministry said the resolution ‘‘was really Smile, their vision and hard work have a surprise,’’ and thanked organization mem- and across the country who are mourn- bers for their support. made the dreams of many youngsters ing Lucy’s passing. I share, and the The Helms-Burton legislation tightens the come true. U.S. Senate shares, your tremendous 35-year-old economic embargo against Cuba The generous award by the Conrad N. loss.∑ by allowing American citizens to sue foreign Hilton Foundation will help keep this f companies that ‘‘traffic’’ in property seized hope alive. By establishing this prize, from Americans and denies executives of the foundation, according to the execu- CUBAN POLICY those companies the right to enter the Unit- tive director of the Hilton Prize, seeks Mr. SIMON. Mr. President, one of the ed States. to recognize and support all persons most shortsighted policies we have Congress overwhelmingly approved the bill after Cuban Air Force pilots shot down two working hard, and often under difficult anywhere is our policy toward Cuba. small civilian aircraft owned by Cuban exile conditions, to alleviate human suffer- The reality is, we are letting a small groups in February, killing four people. ing. group dictate American policy because The resolution is directed against all laws Today, selfless volunteers with Oper- of domestic political interests. that ‘‘obstruct international trade and in- ation Smile provide reconstructive sur- There is not a single nation in the vestment’’ or ‘‘the free movement of per- gery and related health care to chil- world that doesn’t believe our policy sons.’’ dren around the world. Thanks to the toward Cuba is counterproductive. In addition, the Inter-American Juridical unwavering dedication of Operation Our aim should be to get the Govern- Committee, an independent body that ad- vises the organization on legal matters, was Smile volunteers, over 18,000 children ment of Cuba to ameliorate their hard asked to ‘‘examine the validity under inter- have witnessed a personal miracle and stands on human rights issues, and it national law’’ of Helms-Burton and to pre- embarked on a new life. has had the opposite effect. pare a ‘‘judgment’’ as soon as possible. Internationally, Operation Smile Certainly, if we had followed a dif- Coming from a forum that has always done educates and trains local medical pro- ferent course, it is hard to believe the its best to avoid controversy, the vote could fessions and creates an infrastructures situation could be any worse than it is only be interpreted as a stunning defeat for for volunteer and financial support—all right now. the United States and a rejection of the Clin- of which contributes to a local network Recently, the New York Times had ton Administration’s get-tough policy to- ward Cuba. of self-sufficiency. an article by Larry Rohter titled, But at a news conference after the rebuke, From the State of Virginia, as well ‘‘Latin American Nations Rebuke U.S. Ms. Babbitt tried to put the best face on the as the other 28 chapters around the for the Embargo on Cuba.’’ vote and to mend some fences. ‘‘We have in country, Operation Smile reaches into They are right in their criticism. effect agreed to disagree on this issue,’’ she schools and communities, identifying I ask that the New York Times arti- said. ‘‘We share the same goal, but we dis- children in need of reconstructive sur- cle be printed in the CONGRESSIONAL agree on the methods of attaining that gery. With the unwavering support of RECORD. goal.’’ volunteer surgeons and hospitals, Oper- The article follows: Privately, members of the American dele- ation Smile insures that no child will gation said they were distressed not only [From the New York Times, June 6, 1996] with the language of the resolution but also suffer through a childhood made trau- LATIN AMERICAN NATIONS REBUKE U.S. FOR by the manner in which it was pushed matic by facial disfigurement. THE EMBARGO ON CUBA through. They also complained of being Mr. President, the Conrad N. Hilton (By Larry Rohter) given insufficient time to consult with Wash- Foundation could not have chosen a ington. PANAMA, June 5.—In a display of near una- ∑ more worthy organization. Operation nimity, the countries of the Organization of f Smile deserves a standing ovation. In American States, gathered here for their an- OPERATION SMILE WINS CONRAD fact, I applaud both Operation Smile nual meeting, singled out the United States, N. HILTON HUMANITARIAN PRIZE and the Conrad N. Hilton Foundation criticizing the recent extension of the eco- for showing the world the promise of nomic embargo against Cuba as a probable ∑ Mr. WARNER. Mr. President, there hope and the power of smiles.∑ violation of international law. are kind hearts in the world. f The criticism came in the form of a resolu- The Conrad N. Hilton Foundation— tion aimed at the Helms-Burton Law, which for the first time—is awarding a $1 mil- CAPT. DONALD A. HEMPSON, JR. President Clinton signed into law in March. A vote on Tuesday on the measure, which lion prize to a humanitarian organiza- ∑ Mr. LEVIN. Mr. President, I rise to had 32 co-sponsors, ended with the United tion committed to alleviating human honor and congratulate Capt. Donald States, traditionally the organization’s dom- suffering. A. Hempson, Jr. on 27 years of dedi- inant force, as the sole dissenter. Mr. President, I rise today to con- cated service in the U.S. Navy. Today, Dismayed by the strong language of the gratulate Operation Smile, a Virginia- June 19, 1996, Captain Hempson will re- resolution, the United States fired back with based organization dedicated to bring- tire from the Navy as commander of a harsh assessment of the behavior of some ing smiles to the world’s children. Op- Defense Reutilization and Marketing of its closest allies, including many members eration Smile, an international, volun- Service [DRMS] located in Battle of the organization who have supported American intervention in the past in places teer, medical-services organization, Creek, MI. During Captain Hempson’s such as Haiti and the Dominican Republic. provides reconstructive surgery to in- 3-year command, DRMS made great In a stinging speech at the gathering, digent children suffering from facial strides in its mandate of reutilization, which ends on Friday, the United States del- and functional deformities. transfer, and donation of excess gov- egate, Harriet C. Babbitt, condemned the I am delighted that Operation Smile ernment property. Captain Hempson resolution as an act of ‘‘diplomatic coward- was chosen by the Conrad N. Hilton successfully commanded the service ice.’’ Foundation. under many changes brought about by ‘‘What is the message that will emerge Both Operation Smile and the Hilton from this assembly?’’ she asked her fellow ‘‘Reinventing Government’’ initiatives. delegates. ‘‘That the hemisphere will flex its Foundation fuel the spirit of volunteer- His vision and drive were key to the muscles to defend and justify illegal expro- ism. Operation Smile, embracing the success of DRMS during this transi- priations, but remain silent while our broth- mission of all humanitarians, touches tional period. ers and sisters in a neighboring state remain the face of humanity, literally, figu- DRMS reuse, transfer, and donation subject to the caprices of a brutal dictator? ratively, and spiritually. For centuries, of government property reached an all- Where is our sense of perspective?’’ throughout much of the world—even in time high of $3.5 billion in 1995, a 21- Cuba was ‘‘excluded’’ from the organiza- our great Nation—children born with percent growth since 1993. The DRMS tion in 1962 as part of an American diplo- facial deformities were sentenced to a Sales Program saved American tax- matic effort to isolate Fidel Castro and the Communist Government he continues to life of private pain and public humilia- payers over $302 million last year, an lead. tion. Operation Smile was founded in increase of 134 percent since 1993. These Since then, Cuban officials and the state- 1982 by the husband-and-wife team of money saving programs have enjoyed controlled press have regularly ridiculed the Dr. William P. Magee, a plastic sur- great success during the past 3 years, June 19, 1996 CONGRESSIONAL RECORD — SENATE S6547 and much of it is due to Captain from Saline to visit Brecon. In 1984, the relating to Antarctic protection, just Hempson’s leadership. mayor of Brecon asked the city of Sa- received from the House, be placed on Captain Hempson has had a long and line to become involved in a 3-day Dix- the calendar. far reaching naval career. He is quali- ieland Jazz Festival it was planning. The PRESIDING OFFICER. Without fied in nuclear submarines and has Saline quickly accepted the invitation objection, it is so ordered. served several sea assignments as a and sent the Saline Big Band to Brec- Supply Officer. His shore assignments on, Wales. An original ‘‘Hymn for Brec- f have included logistics, acquisition, on’’, written by Dil Murrell, was per- and financial management in many dif- formed for their gracious hosts. The ORDERS FOR THURSDAY, JUNE 20, ferent offices and commands. Captain trip was a memorable experience for 1996 Hempson has also been designated a the group of 35 that traveled to Wales. Mr. KEMPTHORNE. Mr. President, I Surface Warfare Supply Corps officer. They were treated with great hospi- ask unanimous consent that when the His decorations include the Legion of tality and made many new friends at Senate completes its business today it Merit, the Meritorious Service Medal the festival. During the following stand in adjournment until the hour of and the Navy Commendation Medal, years, Saline sent its high school choir 9:30 a.m. on Thursday, June 20; further, each with one Gold Star in lieu of sec- and marching band—and in 1988, the that immediately following the prayer, ond award. Saline Big Band made a return visit to Captain Hempson is an immensely Brecon. the Journal of proceedings be deemed qualified individual who has graduated The residents of Brecon have also approved to date, no resolutions come from Georgia Institute of Technology, reached out to the City of Saline. The over under the rule, the call of the cal- the Wharton School of the University first guests from Brecon were Mayor endar be dispensed with, the morning of Pennsylvania, Northwestern Univer- and Mrs. Tony Elston in 1973. In 1986, hour be deemed to have expired, the sity’s Kellogg Graduate School of Man- while celebrating the 20th anniversary time for the two leaders be reserved for agement, and the Brookings Institu- of the twinning of the cities, nearly 60 their use later in the day, and the Sen- tion. His extensive training has served citizen ambassadors traveled from ate then, under a previous order, re- the Defense Department well. Captain Brecon to Saline. This year will also sume executive session to consider the Hempson is married to Sandra R. see a large group from Brecon celebrat- nomination of Alan Greenspan to be Zayatz Hempson, and they have two ing the Celtic Festival in Saline. Chairman of the Federal Reserve Thirty years have fostered a solid children, Donald and Kelly. Board. I know my Senate colleagues join me friendship between Saline and Brecon, The PRESIDING OFFICER. Without in thanking Capt. Donald Hempson for they’ve learned about each other, and objection, it is so ordered. his 27 years of dedicated service to our as Mayor Little has so aptly put it, they have become ‘‘one community f country.∑ separated by a large body of water.’’ I f know my Senate colleagues join me in PROGRAM SALINE CELTIC FESTIVAL Saluting the Saline Celtic Festival and the 30th anniversary of the Saline- Mr. KEMPTHORNE. Mr. President, ∑ Mr. LEVIN. Mr. President, I rise to for the information of all Senators, at Brecon Sister City program.∑ honor the Saline Celtic Festival which 9:30 a.m., Thursday, there will be 3 f will take place on the banks of the Sa- hours of debate time remaining on the line River on July 6, 1996, in Saline, MI. MEASURE PLACED ON THE Greenspan nomination. Under the pre- This festival celebrates Irish, Scottish, CALENDAR—S. 1890 vious order, a vote will occur on the and Welsh cultures and will feature Mr. KEMPTHORNE. Mr. President, I Greenspan nomination at 2 p.m., to be traditional Celtic food, music, and ask unanimous consent that S. 1890, in- followed by any votes required on the dance. This year’s Celtic festival is es- troduced earlier today by Senator remaining nominees to the Federal Re- pecially significant because it marks FAIRCLOTH, be placed on the calendar. serve System. the 30th anniversary of the Saline, The PRESIDING OFFICER. Without The Senate will also resume the DOD MI—Brecon, Wales Sister City pro- objection, it is so ordered. authorization bill during tomorrow’s gram. session. Senators can therefore expect On April 18, 1966, Mayor George John- f rollcall votes throughout the day. son invited the City of Brecon, Wales MEASURE PLACED ON THE to become a Sister City in the People- CALENDAR—H.R. 3562 f to-People program established by Mr. KEMPTHORNE. Mr. President I President Eisenhower in 1956. The pro- ask unanimous consent that H.R. 3562, gram’s goal was to promote strong ties ADJOURNMENT UNTIL 9:30 A.M. received from the House, be placed on TOMORROW among different cultures. The Saline- the calendar. Brecon union was the first to involve The PRESIDING OFFICER. Without Mr. KEMPTHORNE. Mr. President, if United States and Welsh citizens under objection, it is so ordered. there is no further business to come be- the program. f fore the Senate, I now ask the Senate Over the years, the relationship be- stand in adjournment under the pre- tween the two cities has often involved MEASURE PLACED ON THE vious order. the exchange of music. In 1967, Musical CALENDAR—H.R. 3060 There being no objection, the Senate, Youth International, during its tour of Mr. KEMPTHORNE. Mr. President, I at 9:29 p.m., adjourned until Thursday, Europe, was the first official group ask unanimous consent that H.R. 3060, June 20, 1996, at 9:30 a.m. June 19, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1113 EXTENSIONS OF REMARKS

SENATE COMMITTEE MEETINGS Ambassador to the Republic of Ecua- 10:00 a.m. Title IV of Senate Resolution 4, dor, James Francis Creagan, of Vir- Judiciary ginia, to be Ambassador to the Repub- To hold hearings to examine the Depart- agreed to by the Senate on February 4, lic of Honduras, and Lino Gutierrez, of ment of Justice’s handling of ‘‘Project 1977, calls for establishment of a sys- Florida, to be Ambassador to the Re- Special Delivery’’. tem for a computerized schedule of all public of Nicaragua. SD–226 meetings and hearings of Senate com- SD–419 2:00 p.m. mittees, subcommittees, joint commit- Veterans’ Affairs Foreign Relations tees, and committees of conference. Business meeting, to mark up S. 1791, to Near Eastern and South Asian Affairs Sub- This title requires all such committees increase, effective as of December 1, committee to notify the Office of the Senate Daily 1996, the rates of disability compensa- To continue hearings to examine pros- Digest—designated by the Rules Com- tion for veterans with service-con- pects for peace in Afghanistan. mittee—of the time, place, and purpose nected disabilities and the rates of de- SD–106 of the meetings, when scheduled, and pendency and indemnity compensation JUNE 27 any cancellations or changes in the for survivors of such veterans, and meetings as they occur. other pending legislation. 10:00 a.m. As an additional procedure along SR–418 Judiciary with the computerization of this infor- 2:00 p.m. To hold hearings to examine the recent incidents of church burnings. mation, the Office of the Senate Daily Foreign Relations Near Eastern and South Asian Affairs Sub- SD–226 Digest will prepare this information for 2:00 p.m. printing in the Extensions of Remarks committee To resume hearings to examine prospects Foreign Relations section of the CONGRESSIONAL RECORD for peace in Afghanistan. Near Eastern and South Asian Affairs Sub- on Monday and Wednesday of each SD–106 committee week. To continue hearings to examine pros- Meetings scheduled for Thursday, JUNE 26 pects for peace in Afghanistan. June 20, 1996, may be found in the Daily SD–106 9:30 a.m. Digest of today’s RECORD. Commerce, Science, and Transportation JULY 11 MEETINGS SCHEDULED Science, Technology, and Space Sub- 2:00 p.m. committee Energy and Natural Resources To resume hearings on S. 1726, to pro- JUNE 21 Forests and Public Land Management Sub- mote electronic commerce by facilitat- 10:00 a.m. committee ing the use of strong encryption. Foreign Relations To hold hearings on S. 1738, to provide SR–253 To hold hearings on the nominations of for improved access to and use of the John Christian Kornblum, of Michigan, Energy and Natural Resources Boundary Water Canoe Area Wilder- to be Assistant Secretary of State for To hold hearings on S. 1804, to make ness. European and Canadian Affairs, Mad- technical and other changes to the SD–366 eleine May Kunin, of Vermont, to be laws dealing with the territories and Ambassador to Switzerland, and A. freely associated States of the United JULY 16 Vernon Weaver, of Arkansas, to be the States, on a proposed amendment re- 2:00 p.m. Representative of the United States of lating to Bikini and Enewetak medical Appropriations America to the European Union, with care, and to hold oversight hearings on Labor, Health and Human Services, and the rank and status of Ambassador. the law enforcement initiative in the Education Subcommittee SD–419 Commonwealth of the Northern Mari- 10:30 a.m. To hold hearings on proposed budget es- ana Islands. timates for fiscal year 1997 for the De- Foreign Relations SD–366 To hold hearings on the nomination of partment of Education. Governmental Affairs SD–138 Barbara Mills Larkin, of North Caro- Permanent Subcommittee on Investiga- lina, to be an Assistant Secretary of tions SEPTEMBER 17 State. To continue hearings to examine the se- S–116, Capitol curity status of national computer in- 9:30 a.m. Veterans’ Affairs formation systems and networks. JUNE 25 To hold joint hearings with the House SD–342 Committee on Veterans’ Affairs to re- 9:30 a.m. Labor and Human Resources view the legislative recommendations Commerce, Science, and Transportation Business meeting, to mark up S. 1221, to of the American Legion. 334 Cannon To hold closed hearings on broadcast authorize funds for fiscal years 1996 Building spectrum issues. through 2000 for the Legal Services S–407, Capitol Corporation, S. 1400, to require the Sec- Environment and Public Works retary of Labor to issue guidance as to Transportation and Infrastructure Sub- the application of the Employee Re- CANCELLATIONS committee tirement Income Security Act of 1974 To hold oversight hearings on the impact of Federal streamlining efforts on Gen- to insurance company general ac- JUNE 20 eral Services Administration leasing counts, proposed legislation authoriz- 9:30 a.m. activities. ing funds for the National Institutes of Energy and Natural Resources SD–406 Health, and pending nominations. Parks, Historic Preservation and Recre- Governmental Affairs SD–430 ation Subcommittee Permanent Subcommittee on Investiga- Rules and Administration To hold hearings on S. 1424, to redesig- tions To hold hearings on proposed legislation nate the Black Canyon of the Gunnison To resume hearings to examine the secu- authorizing funds for the Federal Elec- National Monument as a national park rity status of national computer infor- tion Commission, and on campaign fi- to establish the Gunnison Gorge Na- mation systems and networks. nance reform proposals. tional Conservation area, to establish SD–342 SR–301 the Curecanti National Recreation 10:00 a.m. Indian Affairs Area, and to establish the Black Can- Foreign Relations To hold hearings on proposals to reform yon of the Gunnison National Park To hold hearings on the nominations of the Indian Child Welfare Act. Complex. Leslie M. Alexander, of Florida, to be SR–485 SD–366

∑ 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. E1114 CONGRESSIONAL RECORD — Extensions of Remarks June 19, 1996 10:00 a.m. JUNE 25 POSTPONEMENTS Governmental Affairs 10:00 a.m. To resume hearings to examine the sta- Appropriations JUNE 21 tus of the modernization of the Inter- Legislative Branch Subcommittee 10:00 a.m. nal Revenue Service tax information To hold hearings on proposed budget es- Appropriations systems, focusing on certain technical timates for fiscal year 1997 for the Li- Legislative Branch Subcommittee problems. brary of Congress, and the Government To hold hearings on proposed budget es- SD–342 Printing Office. timates for fiscal year 1997 for the Ser- S–128, Capitol geant At Arms, and the Government Printing Office. S–128, Capitol Wednesday, June 19, 1996 Daily Digest

HIGHLIGHTS House Committees ordered reported 14 sundry measures. Senate personnel who infiltrated into North Vietnam to Chamber Action perform covert operations as part of OPLAN 34A or Routine Proceedings, pages S6421–S6547 its predecessor. Pages S6438±43 Measures Introduced: Nine bills were introduced, Grams/Robb Modified Amendment No. 4052, to as follows: S. 1885–1893. Page S6517 express the sense of the Senate regarding the reopen- ing of Pennsylvania Avenue. (By 39 yeas to 59 nays Measures Reported: Reports were made as follows: (Vote No. 161), Senate earlier failed to table the S. 253, to repeal certain prohibitions against po- amendment.) Pages S6432±36, S6438, S6441±50 litical recommendations relating to Federal employ- Reid Amendment No. 4056 (to Amendment No. ment, to reenact certain provisions relating to rec- 4052), to provide that a plan for the reopening of ommendations by Members of Congress. (S. Rept. Pennsylvania Avenue is certified to protect the secu- No. 104–282) rity of the people who live and work in the White S. 1577, to authorize appropriations for the Na- House. Pages S6447±49 tional Historical Publications and Records Commis- Craig Amendment No. 4057, to express the sense sion for fiscal years 1998, 1999, 2000, and 2001. (S. of the Senate that the United States-Japan Semi- Rept. No. 104–283) conductor Trade Agreement should be renegotiated. H.R. 2739, to provide for a representational al- Pages S6450±53 lowance for Members of the House of Representa- Murray Amendment No. 4059, to repeal the re- tives, to make technical and conforming changes to striction on the use of Department of Defense facili- sundry provisions of law in consequence of adminis- ties for abortions. (By 45 yeas to 51 yeas (Vote No. trative reforms in the House of Representatives, with 163), Senate earlier failed to table the amendment.) amendments. Pages S6460±69 S. 1888, to extend energy conservation programs Simpson Amendment No. 4061, to authorize under the Energy Policy and Conservation Act funds for phase I construction of a combined support through September 30, 1996. Page S6517 maintenance shop at Camp Guernsey, Wyoming. DOD Authorizations: Senate continued consider- Pages S6479±81, S6492±93 ation of S. 1745, to authorize appropriations for fis- McCain Amendment No. 4072 (to Amendment cal year 1997 for military activities of the Depart- No. 4061), to require that the project be in the fu- ment of Defense, for military construction, and for ture years defense plan. Pages S6492±93 defense activities of the department of Energy, and Reid/Bryan Amendment No. 4062, to strike the to prescribe personnel strengths for such fiscal year authorization for the military construction project of for the Armed Forces, with committee amendments, the National Security Agency at Fort Meade, Mary- taking action on amendments proposed thereto, as land, to authorize funds for the construction of a follows: Pages S6421±S6508 ramp addition for C–130 aircraft at Reno Inter- Adopted: national Airport, Nevada, and to authorize funds for Inouye Amendment No. 4050, to codify existing the construction of a jet engine test facility/aircraft practices of the Army and Air Force regarding the test enclosure at Fallon Naval Air Station, Nevada. grade of the Chief of the Army Nurse Corps and of Pages S6481±82 the Chief of the Air Force Nurse Corps. Kempthorne (for Cohen) Amendment No. 4063, Pages S6425±26 to specify funding and requirements for research, de- Kerry Amendment No. 4055, to provide for the velopment, test, and evaluation of advanced sub- Secretary of Defense to make payment to Vietnamese marine technologies. Pages S6484±85 D634 June 19, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D635 Nunn (for Byrd) Amendment No. 4064, to ensure tracts and grants and for certain cooperative research that the annual report from the Reserve Forces Pol- and development agreements. Pages S6493±95 icy Board is submitted as a report that is separate Kempthorne (for Grassley/Boxer/Harkin) Amend- from the annual report of the Secretary of Defense ment No. 4075, to make reimbursement of Govern- on the expenditures, work, and accomplishments of ment contractors for costs of excessive amounts of the Department of Defense. Page S6485 compensation for contractor personnel unallowable Kempthorne (for Gorton/Cohen/Glenn) Amend- under Government contracts. Pages S6495±S6502 ment No. 4065, to provide for managed health care Nunn (for Boxer) Amendment No. 4076, to services to be furnished under the health care deliv- amend the reporting requirement under demonstra- ery system of the uniformed services by transferees tion project for purchase of fire, security, police, of Public Health Service hospital or other stations public works, and utility services from local govern- previously deemed to be uniformed services treat- ment agencies. Page S6502 ment facilities that enter into agreements with the Kempthorne (for McCain) Amendment No. 4077, Secretary of Defense to provide such services on an to authorize agreements with Indian tribes for serv- enrollment basis. Pages S6485±88 ices under the Defense Environmental Restoration Nunn (for Sarbanes/Mikulski) Amendment No. Program. Page S6502 4066, to authorize the Secretaries of the military de- Nunn Amendment No. 4078, to revise the de- partments and the Secretary of Transportation to scription of a category of expenses for which human- carry out a food donation pilot program at the serv- itarian and civic assistance funds may be used. ices academies. Page S6488 Page S6502 Kempthorne (for Warner) Amendment No. 4067, Kempthorne Amendment No. 4079, to revise the to provide for the designation of a memorial as the eligibility requirements for grants and contracts National D-Day Memorial in Bedford, Virginia. under the University Research Initiative Support Pages S6502±03 Pages S6488±89 Program. Nunn (for Byrd/Ford/Feinstein) Amendment No. Kempthorne (for Lott) Amendment No. 4080, to 4068, to increase funds for the Air National Guard strike provisions relating to the prohibition on the for support of 10 primary authorized C–130 aircraft use of funds for Office of Naval Intelligence rep- for each airlift squadron in the Air National Guard resentation or related activities. Page S6503 of Kentucky, West Virginia, North Carolina, Ten- Kempthorne (for Nickles/Inhofe) Amendment No. nessee, and California, and to increase various per- 4081, to authorize the Secretary of the Army to con- vey certain real property located at Fort Sill, Okla- sonnel end strength authorizations by 385 for sup- homa. Pages S6503±04 port of such aircraft. Pages S6489±90 Kempthorne (for McCain) Amendment No. 4082, Kempthorne (for Cohen) Amendment No. 4069, to revise the provision relating to the environmental to modify the specification of the source authoriza- restoration accounts. Page S6504 tion of appropriations for certain submarine program Rejected: contracts. Page S6490 By 44 yeas to 53 nays (Vote No. 160), Dorgan Nunn (for Simon) Amendment No. 4070, to im- Amendment No. 4048, to reduce funds authorized prove the National Security Education Program. for research, development, test, and evaluation for Pages S6490±91 national missile defense. Pages S6421±24 Kempthorne (for Cohen) Amendment No. 4071, Bingaman Modified Amendment No. 4058, to to require a modification of a plan for development strike provisions that predetermine the outcome of of a program leading to production of a more capa- an ongoing Department of Defense study on space ble and less expensive submarine than the New At- control and to provide a framework for space control tack Submarine in order to advance by three years decisions to be made. (By 52 yeas to 46 nays (Vote the earliest fiscal year in which a design for a next No. 162), Senate tabled the amendment.) submarine for serial production may be selected. Pages S6453±59 Pages S6491±92 McCain/Glenn Amendment No. 4060, to reduce Kempthorne (for Smith/Santorum) Amendment funds for military construction projects not included No. 4073, to waive a limitation on use of funds in in the Administration request for such projects for the National Defense Sealift Fund for purchasing fiscal year 1997. (By 83 yeas to 13 nays (Vote No. three ships for the purpose of enhancing Marine 164), Senate tabled the amendment.) Pages S6469±78 Corps prepositioning squadrons. Page S6493 Pending: Nunn (for Bingaman/Smith) Amendment No. Kyl/Reid Amendment No. 4049, to authorize un- 4074, to revise and improve the authority for re- derground nuclear testing under limited conditions. search projects under transactions other than con- Pages S6424±32, S6482±83 D636 CONGRESSIONAL RECORD — DAILY DIGEST June 19, 1996 Senate will continue consideration of the bill, the amendments, H.R. 3610, making appropriations for pending amendment, and amendments to be pro- the Department of Defense for the fiscal year ending posed thereto, on Thursday, June 20, 1996. September 30, 1997. Removal of Injunction of Secrecy: The injunction APPROPRIATIONS—DISTRICT OF of secrecy was removed from the following treaty: COLUMBIA International Natural Rubber Agreement. (Treaty Doc. No. 104–27). Committee on Appropriations: Subcommittee on District The treaty was transmitted to the Senate today, of Columbia held hearings on proposed budget esti- considered as having been read for the first time, and mates for fiscal year 1997 for the District of Colum- referred, with accompanying papers, to the Commit- bia court system, receiving testimony from Annice tee on Foreign Relations and ordered to be printed. Wagner, Chief Judge, District of Columbia Court of Page S6455 Appeals; Eugene Hamilton, Chief Judge, Superior Court of the District of Columbia; and Ulysses Messages From the House: Page S6513 Hammond, Executive Officer, District of Columbia Measures Referred: Page S6513 Court System. Measures Placed on Calendar: Page S6513 Subcommittee recessed subject to call. Communications: Pages S6513±14 SECURITIES INVESTMENT PROMOTION Petitions: Pages S6514±17 ACT Executive Reports of Committees: Page S6517 Committee on Banking, Housing, and Urban Affairs: Committee ordered favorably reported, with an Statements on Introduced Bills: Pages S6517±33 amendment in the nature of a substitute, S. 1815, Additional Cosponsors: Page S6533 to provide for improved regulation of the securities Amendments Submitted: Pages S6533±41 markets, eliminate excess securities fees, and reduce the costs of investing. Notices of Hearings: Pages S6541±42 Authority for Committees: Page S6542 SALMON RECOVERY Additional Statements: Pages S6542±47 Committee on Commerce, Science, and Transportation: Sub- committee on Science, Technology, and Space held Record Votes: Five record votes were taken today. hearings to examine the status of salmon recovery re- (Total—164) Pages S6424, S6447, S6459, S6469, S6478 search for the Columbia and Snake Rivers, receiving Adjournment: Senate convened at 9 a.m., and ad- testimony from Douglas K. Hall, Assistant Secretary journed at 9:29 p.m., until 9:30 a.m., on Thursday, of Commerce for Oceans and Atmosphere; Dennis P. June 20, 1996. (For Senate’s program, see the re- Lettenmaier, University of Washington, Seattle; marks of the Acting Majority Leader in today’s Mark Reller, Montana Power Planning Council, Hel- Record on page S6547.) ena; Jack A. Stanford, University of Montana, Polson; and Bruce Lovelin, Columbia River Alliance, Committee Meetings and Doug DeHart, Oregon Department of Fish and Wildlife, both of Portland, Oregon. (Committees not listed did not meet) BUSINESS MEETING BUDGET RECONCILIATION Committee on Energy and Natural Resources: Committee Committee on Agriculture, Nutrition, and Forestry: Com- ordered favorably reported the following business mittee completed its review of certain spending re- items: ductions and revenue increases to meet reconciliation S. 391, to protect and restore the health of Federal expenditures as imposed by H. Con. Res. 178, estab- forest lands, with an amendment in the nature of a lishing the congressional budget for the United substitute; States Government for fiscal year 1997 and setting S. 901, to authorize the Secretary of the Interior forth appropriate budgetary levels for fiscal years to participate in the design, planning, and construc- 1998, 1999, 2000, 2001, and 2002, and agreed on tion of certain water reclamation and reuse projects recommendations which it will make thereon to the and desalination research and development projects, Committee on the Budget. with an amendment; H.R. 1823, to allow for prepayment of repayment APPROPRIATIONS—DEFENSE contracts between the United States and the Central Committee on Appropriations: Subcommittee on Defense Utah Water Conservancy District dated December approved for full committee consideration, with 28, 1965, and November 26, 1985; June 19, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D637 S. 1225, to require the Secretary of the Interior to The nomination of Vicky A. Bailey, of Indiana, to conduct an inventory of historic sites, buildings, and be a Member of the Federal Energy Regulatory artifacts in the Champlain Valley and the Upper Commission, Department of Energy. Hudson River Valley in Vermont, including the Also, committee began mark up of S. 1186, to Lake George area, with an amendment in the nature provide for the transfer of operation and maintenance of a substitute; of the Flathead Irrigation and Power Project in Mon- S. 1226, to require the Secretary of the Interior to tana, S. 1852, to bar class action lawsuits against prepare a study of battlefields of the Revolutionary Department of Energy contractors for nonphysical War and the War of 1812, and to establish an injuries, to bar the award of punitive damages American Battlefield Protection Program, with an against Department of Energy contractors for inci- amendment in the nature of a substitute; dents occurring before August 20, 1988, and S. H.R. 238, to provide for the protection of wild 1187, to convey certain real property located in Tongass National Forest to Daniel J. Gross, Sr., and horses in the Ozark National Scenic Riverways, Mis- Douglas K. Gross, but did not complete action souri, and prohibit the removal of such horses, with thereon and recessed subject to call. an amendment; H.R. 3008, to authorize the Secretary of the Inte- WELFARE AND MEDICAID REFORM rior to enter into agreements with private parties for Committee on Finance: Committee resumed hearings the recovery and disposal of helium on Federal lands, on S. 1795, to restore the American family, enhance with an amendment; support and work opportunities for families with S. 1646, to authorize and facilitate a program to children, reduce out-of-wedlock pregnancies, reduce enhance safety, training, research and development, welfare dependence by requiring work, meet the and safety education in the propane gas industry for health care needs of America’s most vulnerable citi- the benefit of propane consumers and the public, zens, control welfare and medicaid spending, and in- with an amendment; crease State flexibility with regard to these matters, H.R. 1014, to authorize extension of time limita- receiving testimony from Virginia State Senator Ste- tion for a FERC-issued hydroelectric license; phen H. Martin, Richmond; Massachusetts Secretary S. 1174, to designate certain segments of the of Administration and Finance Charles D. Baker, Lamprey River in New Hampshire as components of Boston; Arnold R. Tompkins, Ohio Department of the National Wild and Scenic Rivers System; Human Services, Columbus; David T. Ellwood, Har- vard University, Cambridge, Massachusetts; Charles S. 1194, to promote the research, identification, D. Hobbs, American Institute for Full Employment, assessment, and exploration of marine mineral re- Washington, D.C.; and Karen Davis, The Common- sources, with an amendment; wealth Fund, New York, New York. H.R. 2967, to extend the authorization through Hearings were recessed subject to call. fiscal year 1998 for the Uranium Mill Tailings Radi- ation Control Act, while allowing the disposal site ACCESS TO GOVERNMENT INFORMATION in Mesa County, Colorado to operate until it reaches Committee on Rules and Administration: Committee its full capacity, or until September 30, 2023, continued hearings to examine the role of the Fed- whichever comes first; eral Depository Library Program of the Government S. 1662, to establish areas of wilderness and recre- Printing Office in ensuring public access to Govern- ation in the State of Oregon, with an amendment in ment information, receiving testimony from Jeanne the nature of a substitute; Hurley Simon, Chairperson, U.S. National Commis- S. 1703, to provide the National Park Foundation sion on Libraries and Information Science; Lewis J. a greater ability to raise funds from individuals, Bellardo, Deputy Archivist of the United States, Na- foundations and corporations to help repair and pre- tional Archives and Records Administration; Wil- serve national parks, with an amendment in the na- liam Wulf, University of Virginia, Charlottesville; ture of a substitute; Dennis F. Galletta, University of Pittsburgh, Pitts- S. 1874, to amend sections of the Department of burgh, Pennsylvania; and Robert L. Smith, Jr., Inter- active Services Association, Silver Spring, Maryland. Energy Organization Act that are obsolete or incon- Hearings were recessed subject to call. sistent with other statutes and to repeal a related section of the Federal Energy Administration Act of INDIAN CHILD WELFARE AMENDMENT 1974; Committee on Indian Affairs: Committee ordered favor- An original bill extending the authorities in the ably reported, with an amendment, Title III, to Energy Policy and Conservation Act through Sep- amend the Indian Child Welfare Act of 1978 to tember 30, 1996; and make title I of such Act inapplicable to any child D638 CONGRESSIONAL RECORD — DAILY DIGEST June 19, 1996 custody proceeding involving a child who does not U.S. TREATMENT OF VIETNAMESE reside or is not domiciled within a reservation with COMMANDOS certain exceptions, of H.R. 3286, Adoption Pro- Select Committee on Intelligence: Committee concluded motion and Stability Act. hearings to examine United States treatment of cer- tain Vietnamese commandos who were trained and BUSINESS MEETING equipped by the Central Intelligence Agency and the Select Committee on Intelligence: Committee met in Department of Defense during the Vietnam War, closed session to consider pending committee busi- after receiving testimony from Senator Kerry; Sedg- ness, but made no announcements, and recessed sub- wick Tourison, former Analyst, Defense Intelligence ject to call. Agency; Maj. Gen. John K. Singlaub, USA (Ret.), former head of the commando operation; and Ha Van Son, representing a group of Vietnamese com- mandos. h House of Representatives mutual funds, protect investors, and provide more Chamber Action effective and less burdensome regulation (passed by Bills Introduced: 10 public bills, H.R. 3673–3674, a yea-and-nay vote of 407 yeas to 8 nays with 1 vot- 3676–3683 and 1 resolution, H. Con. Res. 190 were ing ‘‘present’’, Roll No. 249); and Page H6528 introduced. Page H6532 Iranian Oil Sanctions: H.R. 3107, amended, to im- Reports Filed: Reports were filed as follows: pose sanctions on persons exporting certain goods or H. Res. 456, providing for consideration of H.R. technology that would enhance Iran’s ability to ex- 3666, making appropriations for the Departments of plore for, extract, refine, or transport by pipeline pe- Veterans Affairs and Housing and Urban Develop- troleum resources. Agreed to amend the title (passed ment, and for sundry independent agencies, boards, by a yea-and-nay vote of 415 yeas, Roll No. 250). commissions, corporations, and offices for the fiscal Pages H6528±29 year ending September 30, 1997 (H. Rept. Interior Appropriations: The House completed all 104–630); and general debate on H.R. 3662, making appropriations H.R. 3675, making appropriations for the Depart- for the Department of the Interior and related agen- ment of Transportation and related agencies for the cies for the fiscal year ending September 30, 1997. fiscal year ending September 30, 1997 (H. Rept. Consideration of amendments will resume on Thurs- 104–631). Page H6531 day, June 20. (See next issue.) Committees To Sit: The following committees and Agreed To: their subcommittees received permission to sit today The Dicks amendment that strikes language deal- during proceedings of the House under the 5-minute ing with limitations on the designation of a critical rule: Committees on Agriculture, Banking and Fi- habitat for the marbled murrelet (agreed to by a re- nancial Services, Commerce, Economic and Edu- corded vote of 257 ayes to 164 noes, Roll No. 253); cational Opportunities, Government Reform and (See next issue.) Oversight, International Relations, Judiciary, Na- The Skaggs amendment that increases energy con- tional Security, Resources, Science, Transportation servation programs by $8 million and reduces the and Infrastructure, Veterans Affairs, and Select Intel- minerals management program by $4 million and ligence. Page H6518 the fossil energy program by $4 million; Suspensions: The House voted to suspend the rules (See next issue.) and pass the following measures which were debated The Calvert amendment that increases the cooper- on Tuesday, June 19: ative endangered species conservation fund by $1 Securities Amendments: H.R. 3005, amended, to million and reduces Forest Service funding accord- amend the Federal securities laws in order to pro- ingly. (See next issue.) mote efficiency and capital formation in the financial The Kennedy of Massachusetts amendment that markets, and to amend the Investment Company Act reduces Forest Service reconstruction and construc- of 1940 to promote more efficient management of tion funding by $42 million. (See next issue.) June 19, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D639 Rejected: Order of Business: It was made in order that dur- The Farr amendment that sought to increase fund- ing further consideration of H.R. 3662 that the bill ing for land acquisition by $135 million and de- be considered as having been read; and no amend- crease fossil energy research and development fund- ment shall be in order except for the following ing accordingly (rejected by a recorded vote of 183 amendments, which shall be considered as read, shall ayes to 235 noes, Roll No. 251); (See next issue.) not be subject to amendment or to a demand for a The Walker amendment that sought to increase division of the question in the House or in the Com- funding for the National Park Service by $62 mil- mittee of the Whole, and shall be debatable for the lion and the Bureau of Indian Affairs by $55 million time specified, equally divided and controlled by the and reduce fossil energy research and development proponent and a Member opposed: Representative funding accordingly (rejected by a recorded vote of Sanders (regarding weatherization—20 minutes), 196 ayes to 224 noes, Roll No. 252); (See next issue.) Representative Fox (regarding weatherization—10 The Richardson amendment that sought to in- minutes), Representative Parker (regarding weather- crease funding for the Fish and Wildlife Service by ization—10 minutes), Representative Faleomavaega $5 million and reduce fossil energy reeseach and de- (regarding the red squirrel—15 minutes), Represent- velopment funding accordingly (rejected by a re- ative Hoekstra (regarding NEA—10 minutes), Rep- corded vote of 200 ayes to 220 noes, Roll No. 254); resentative Shadegg (regarding NEH—30 minutes), (See next issue.) Representative Klug or another Member (regarding The Vento amendment that sought to increase timber contracts—10 minutes), Representative funding for the National Park Service by $23.5 mil- DeFazio (regarding timber sourcing—10 minutes), lion and reduce Forest Service reconstruction and Representative Olver (regarding funding levels for construction funding accordingly (rejected by a re- codes and standards—10 minutes), Representative corded vote of 178 ayes to 242 noes, Roll No. 255); Condit (regarding Endangered Species Act—10 min- (See next issue.) utes), Representative Sanders (regarding PILT—20 The Miller amendment that sought to increase minutes), Representative Furse/Representative Porter National Recreation and Preservation funding by (regarding timber salvage—60 minutes), Representa- $10 million and reduce Fossil Energy Research and tive Gutknecht (regarding across-the-board cut—20 Development funding accordingly (rejected by a re- minutes), Representative Chenoweth (regarding griz- corded vote of 199 ayes to 223 noes, Roll 256); zly bears—10 minutes), Representative Istook (re- (See next issue.) garding BIA—20 minutes), and Representative The Richardson amendment that sought to in- Yates (regarding telecommunications—10 minutes). crease funding for the National Park Service by (See next issue.) $15.5 million and reduce Forest Service Reconstruc- Amendments: Amendments ordered printed pursu- tion and Construction funding accordingly (rejected ant to the rule appear on pages H6532–35. by a recorded vote of 203 ayes to 218 noes, Roll No. 257); (See next issue.) Senate Messages: Message received from the Senate Withdrawn: today appears on page H6513. The Goss amendment was offered, but subse- Quorum Calls—Votes: Two yea-and-nay votes and quently withdrawn that sought to increase funding eight recorded votes developed during the proceed- for National Park Service land acquisition by $15 ings of the House today. There were no quorum million and reduce Forest Service funding accord- calls. Pages H6528, H6528±29 ingly; (See next issue.) Adjournment: Met at 10 a.m. and adjourned at 12 Points of order were sustained against the follow- midnight. ing: Language in the bill that sought to require bind- ing agreements between Indian tribes, States, and Committee Meetings local governments regarding taxes before any new Federal lands are transferred into tribal trust; and MISCELLANEOUS MEASURES (See next issue.) Committee on Agriculture: Ordered reported the follow- Language in the bill that sought to direct the Sec- ing bills: H.R. 2670, amended, to provide for the retary of Energy to draw down $200 million in oil release of the reversionary interest held by the Unit- from the Strategic Petroleum Reserve. ed States in certain property located in the County (See next issue.) of Iosco, MI; H.R. 3387, to designate the Southern H. Res. 455, the rule providing for consideration Piedmont Conservation Research Center located at of the bill, was agreed to earlier by a voice vote. 1420 Experimental Station Road in Watkinsville, Pages H6518±28 Georgia, as the ‘‘J. Phil Campbell, Senior Natural D640 CONGRESSIONAL RECORD — DAILY DIGEST June 19, 1996 Resource Conservation Center;’’ H.R. 3464, amend- ing former officials of the Office of Personnel Secu- ed, to make a minor adjustment in the exterior rity: Jane Dannenhauer; and Nancy Gemmell. boundary of the Devils Backbone Wilderness in the Mark Twain National Forest, Missouri, to exclude a ADMINISTRATION’S NONPROLIFERATION small parcel of land containing improvements; H.R. POLICY 3665, amended, to transfer to the Secretary of Agri- Committee on International Relations: Held a hearing on culture the authority to conduct the census of agri- the Administration’s Nonproliferation Policy. Testi- culture; and H.R. 1627, amended, Food Quality mony was heard from Lynn E. Davis, Under Sec- Protection Act of 1995. retary, Arms Control and International Security Af- fairs, Department of State; and public witnesses. TRANSPORTATION APPROPRIATIONS Committee on Appropriations: Ordered reported the SOUTHEAST ASIA–U.S. COMMERCIAL Transportation appropriations for fiscal year 1997. INTERESTS ELECTRONIC BENEFIT TRANSFER SYSTEMS Committee on International Relations: Subcommittee on AND REGULATION Asia and the Pacific and the Subcommittee on Inter- national Economic Policy and Trade held a joint Committee on Banking and Financial Services: Sub- hearing on U.S. Commercial Interests in Southeast committee on Financial Institutions and Consumer Asia: Tapping the ‘‘Big Merging Markets’’. Testi- Credit held a hearing on Electronic Benefit Transfer mony was heard from public witnesses. Systems and Regulation E. Testimony was heard from Ellen Haas, Under Secretary, Division of Food, FEDERAL RECORD KEEPING AND SEX Nutrition and Consumer Service, USDA; Edward OFFENDERS DeSeve, Comptroller, OMB; Griffith Garwood, Di- Committee on the Judiciary: Subcommittee on Crime rector, Division of Consumer and Community Af- held a hearing regarding federal record keeping and fairs, Federal Reserve System; William Kilmartin, sex offenders. Testimony was heard from Representa- Comptroller, State of Massachusetts; and public wit- tives Frost, Gutknecht and Zimmer; Harlin R. nesses. McEwen, Deputy Assistant Director, Criminal Jus- WELFARE AND MEDICAID REFORM ACT tice Information Services, FBI, Department of Jus- tice; and public witnesses. Committee on the Budget: Ordered reported the Welfare and Medicaid Reform Act of 1996. POW/MIA ISSUES OVERSIGHT Committee on National Security: Subcommittee on Mili- Committee on Commerce: Subcommittee on Energy and tary Personnel held a hearing on POW/MIA issues. Power held an oversight hearing on the Status of the Testimony was heard from Kent M. Wiedemann, International Global Climate Change Negotiations. Deputy Assistant Secretary, East Asian and Pacific Testimony was heard from Rafe Pomerance, Deputy Affairs, Department of State; James W. Wold, Dep- Assistant Secretary, Environment and Development, uty Assistant Secretary, POW/MIA affairs, Depart- Department of State, Marc Chupka, Acting Assistant ment of Defense; and public witnesses. Secretary, Policy and International Affairs, Depart- Hearings continue tomorrow. ment of Energy; David Gardiner, Assistant Adminis- MISCELLANEOUS MEASURES trator, Office of Policy Planning and Evaluation, EPA; and Jeffrey Hunker, Deputy Assistant to the Committee on Resources: Ordered reported the following Secretary, Department of Commerce. bills: H.R. 3378, to amend the Indian Health Care Improvement Act to extend the demonstration pro- WORKER RIGHT TO KNOW ACT gram for direct billing of Medicare, Medicaid, and Committee on Economic and Educational Opportunities: other third party payors; H.R. 401, amended, Kenai Subcommittee on Employer-Employee Relations held Natives Association Equity Act of 1995; H.R. 2941, a hearing on H.R. 3580, Worker Right to Know amended, Housing Improvement Act for Land Man- Act. Testimony was heard from public witnesses. agement Agencies; H.R. 3290, to authorize appro- priations for the Bureau of Land Management for FBI BACKGROUND FILES SECURITY each of the fiscal years 1997 through 2002; H.R. Committee on Government Reform and Oversight: Held a 3660; amended, Reclamation Recycling and Water hearing on Security of FBI Background Files. Testi- Conservation Act of 1996; H.R. 3198, National mony was heard from the following former White Geologic Mapping Reauthorization Act of 1996; and House Counsels: C. Boyden Gray; A.B. Culvahouse; H.R. 3249, amended, to authorize appropriations for and Dick Hauser, Deputy Counsel; and the follow- a mining institute to develop domestic technogical June 19, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D641 capabilities for the recovery of minerals from the Na- or a designee after the reading of the final lines of tion’s seabed. the bill. Finally, the rule provides one motion to re- MISCELLANEOUS MEASURES commit, with or without instructions. Testimony was heard from Representatives Lewis of California; Committee on Resources: Subcommittee on Native Lazio and Stokes. American and Insular Affairs approved for full Com- mittee action the following bills: H.R. 3640, to set- SAVINGS IN CONSTRUCTION ACT OF 1995 tle a land claim for the Torres Martinez Indian Committee on Science: Subcommittee on Technology Tribe; H.R. 3642, California Indian Land Transfer approved for full Committee action amended H.R. Act; and H.R. 2591, Indian Federal Recognition 2779, Savings in Construction Act of 1995. Administrative Procedures Act of 1995. Prior to this action, the Subcommittee held a AVIATION SAFETY hearing on H.R. 3640. Testimony was heard from Committee on Transportation and Infrastructure: Sub- Representatives Bono and Brown of California; Mi- committee on Aviation held a hearing on Aviation chael Anderson, Deputy Assistant Secretary, Indian Safety: Treatment of Families After Airline Acci- Affairs, Bureau of Indian Affairs, Department of the dents. Testimony was heard from James E. Hall, Interior; and public witnesses. Chairman, National Transportation Safety Board; VA, HUD, AND INDEPENDENT AGENCIES Michael Harris, Associate Deputy Secretary, Depart- APPROPRIATIONS ment of Transportation; and public witnesses. Committee on Rules: Granted, by voice vote, an open DVA COMPUTER MODERNIZATION rule providing one hour of general debate on H.R. Committee on Veterans’ Affairs: Subcommittee on Com- 3666, making appropriations for the Departments of pensation, Pension, Insurance and Memorial Affairs Veterans Affairs and Housing and Urban Develop- held a hearing on the DVA computer modernization ment, and for sundry independent agencies, boards, effort. Testimony was heard from Gene L. Dodaro, commissions, corporations, and offices for fiscal year Assistant Comptroller General, Accounting and In- ending September 30, 1997. The rule waives points formation Management Division, GAO; and R. John of order against consideration of the bill for failure Vogel, Under Secretary, Benefits, Department of to comply with clause 2(l)(6) of rule XI (the three- Veterans Affairs. day availability of the report), clause 7 of rule XXI f (the three-day requirement for availability of printed hearings and reports on appropriation bills) and sec- COMMITTEE MEETINGS FOR THURSDAY, tion 302(f) of the Budget Act (prohibiting consider- JUNE 20, 1996 ation of legislation providing budget authority, new entitlement authority, or new credit authority in ex- (Committee meetings are open unless otherwise indicated) cess of subcommittee’s 302(b) allocation for such au- Senate thority). The rule waives points of order against provisions Committee on Appropriations, business meeting, to con- in the bill (other than sections 204 and 205) for fail- sider 602(b) subcommittee allocations of budget outlays ure to comply with clause 2 of rule XXI (prohibit- and new budget authority allocated to the committee in ing unauthorized appropriations and legislation on H. Con. Res. 178, establishing the congressional budget general appropriations bills) or clause 6 of rule XXI for the United States Government for fiscal year 1997 (prohibiting transfers of unobligated balances). The and setting forth appropriate budgetary levels for fiscal rule provides for the adoption of the amendment years 1998, 1999, 2000, 2001, and 2002, and to mark printed in section 2 of the resolution (to remedy the up H.R. 3610, making appropriations for the Depart- Budget Act violation). ment of Defense for the fiscal year ending September 30, The rule provides for priority in recognition of 1997, H.R. 3517, making appropriations for military those amendments that have been preprinted in the construction for the fiscal year ending September 30, Congressional Record. The rule allows for the Chair- 1997, and H.R. 3540, making appropriations for foreign man of the Committee of the Whole to postpone operations for the fiscal year ending September 30, 1997, votes during consideration of the bill, and to reduce 10:30 a.m., SD–192. to five minutes on a postponed question if the vote Subcommittee on Treasury, Postal Service, and General follows a fifteen minute vote. Government, to hold hearings on proposed budget esti- The rule provides that a motion to rise and report mates for fiscal year 1997 for the Treasury Department, the bill to the House with such amendments as may 2:30 p.m., SD–192. have been adopted and shall have precedence over a Committee on Banking, Housing, and Urban Affairs, motion to amend, if offered by the Majority Leader Housing Opportunity and Community Development to D642 CONGRESSIONAL RECORD — DAILY DIGEST June 19, 1996 hold joint hearings with the Committee on Indian Af- as the ‘‘Rose Y. Caracappa United States Post Office fairs, on Title VII, Native American Housing Assistance Building’’; H.R. 3663, District of Columbia Water and provisions of H.R. 2406, United States Housing Act, 10 Sewer Authority Revenue Bond Act of 1996; and H.R. a.m., SD–538. 3664, District of Columbia Government Improvement Committee on Commerce, Science, and Transportation, to re- and Efficiency Act of 1996; and to consider investigative sume hearings on broadcast spectrum issues, 9:30 a.m., reports; and other pending Committee business, 10 a.m., SR–253. 2154 Rayburn. Committee on Environment and Public Works, business Committee on International Relations, hearing on U.S. Pol- meeting, to resume markup of pending calendar business, icy Toward NATO Enlargement, 10 a.m., 2172 Rayburn. 2:30 p.m., S–216, Capitol. Subcommittee on International Economic Policy and Committee on Foreign Relations, to hold hearings on the Trade, to markup the Exports Jobs and Growth Act of Agreement for the Implementation of the Provisions of 1996, to reauthorize OPIC, TDA and the Export Related the United Nations Convention on the Law of the Sea of Programs of the Department of Commerce, 2 p.m., 2200 10 December 1982 relating to the Conservation and Longworth. Management of Straddling Fish Stocks and Highly Mi- Subcommittee on Western Hemisphere, hearing on gratory Fish Stocks, with annexes (Treaty Doc. 104–24), Haiti: Where Has All the Money Gone? 2 p.m., 2172 and the International Natural Rubber Agreement (Treaty Rayburn. Doc. 104–27), 10 a.m., SD–419. Committee on the Judiciary, Subcommittee on Commer- Full Committee, to hold hearings on the nominations cial and Administrative Law, to markup H.R. 3307, Reg- of John F. Hicks, Sr., of North Carolina, to be Ambas- ulatory Fair Warning Act, 10 a.m., 2226 Rayburn. sador to the State of Eritrea, Alan R. McKee, of Mary- Committee on National Security, Subcommittee on Mili- land, to be Ambassador to the Kingdom of Swaziland, tary Personnel, to continue hearings on POW/MIA issues, Tibor P. Nagy, Jr., of Texas, to be Ambassador to the 1 p.m., 2212 Rayburn. Subcommittee on Military Procurement and the Sub- Republic of Guinea, and Arlene Render, of Virginia, to committee on Military Research and Development, execu- be Ambassador to the Republic of Zambia, 3 p.m., tive, classified briefing on Ballistic Missile Defense, 10 SD–419. a.m., 2118 Rayburn. Committee on the Judiciary, to hold hearings to examine Subcommittee on Military Procurement and the Sub- White House access to FBI background summaries, 10 committee on Military Research and Development, to a.m., SH–216. continue joint hearings on Ballistic Missile Defense, 11 Committee on Indian Affairs to hold joint hearings with a.m., 2118 Rayburn. the Committee on Banking, Housing, and Urban Affairs’ Committee on Resources, Subcommittee on Energy and Housing Opportunity and Community Development, on Mineral Resources, oversight hearing on Bureau of Land Title VII, Native American Housing Assistance provi- Management’s oil and gas inspection, enforcement respon- sions of H.R. 2406, United States Housing Act, 10 a.m., sibilities, and regulatory burdens on small operations, 2 SD–538. p.m., 1334 Longworth. NOTICE Subcommittee on Fisheries, Wildlife and Oceans, over- sight hearing on African Elephant Conservation Act of For a listing of Senate Committee Meetings sched- 1988 and Rhinoceros and Tiger Conservation Act of uled ahead, see pages E1113–14 in today’s RECORD. 1994, 10 a.m., 1334 Longworth. House Subcommittee on National Parks, Forests and Lands, oversight hearing on Forest Service Appeal Process, 10 Committee on Appropriations, to consider the Labor, a.m., 1324 Longworth. Health and Human Services, and Education appropria- Committee on Science, Subcommittee on Technology and tions for fiscal year 1997, 8:30 a.m., 2360 Rayburn. the Subcommittee on Energy and Environment, joint Committee on Economic and Educational Opportunities, Sub- hearing on Environmental Regulation: A Barrier to the committee on Workforce Protections and the Subcommit- Use of Environmental Technology? 10 a.m., 2318 Ray- tee on Oversight and Investigations, joint hearing on burn. Davis-Bacon/GAO Report, 10 a.m., 2175 Rayburn. Committee on Veterans’ Affairs: to mark up the following Committee on Government Reform and Oversight, to markup bills: H.R. 3458, Veterans’ Compensation Cost-of-Living the following bills: H.R. 3586, Veterans Employment Adjustment Act of 1996; H.R. 3643, to amend title 38, Opportunities Act of 1996; H.R. 885, to designate the United States Code, to extend through December 31, U.S. Post Office building located at 153 East 110th 1998, the period during which the Secretary of Veterans Street, New York, NY, as the ‘‘Oscar Garcia Rivera Post Affairs is authorized to provide priority health care to cer- Office Building’’; H.R. 3139, to redesignate the United tain veterans who were exposed to Agent Orange or who States Post Office building located at 245 Centereach served in the Persian Gulf War and to make such author- Mall on Middle Country Road in Centereach, New York, ity permanent in the case of certain veterans exposed to June 19, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D643 ionizing radiation; H.R. 3673, Veterans’ Compensation Committee on Ways and Means, Subcommittee on Over- and Readjustment Benefits Amendments of 1996; and sight, to continue hearings on Employment Classification H.R. 3674, Veterans’ Education and Compensation Bene- Issues, 10:30 a.m., 1100 Longworth. fits Amendments of 1996, 9:30 a.m., 334 Cannon. Permanent Select Committee on Intelligence, executive, hear- ing on Bosnia/Iran, 2:30 p.m., H–405 Capitol. D644 CONGRESSIONAL RECORD — DAILY DIGEST June 19, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, June 20 10 a.m., Thursday, June 20

Senate Chamber House Chamber Program for Thursday: Senate will resume consideration Program for Thursday: Complete consideration of H.R. of the nomination of Alan Greenspan, to be Chairman of 3662, Interior Appropriations Act for FY 1997 (open the Board of Governors of the Federal Reserve System, rule, 1 hour of general debate); and with a vote to occur thereon at 2 p.m., following which Consideration of H.R. 3666, VA, HUD Appropriations Senate will vote on the remaining nominees to the Fed- Act for FY 1997 (rule only). eral Reserve System. Senate also expects to resume consideration of S. 1745, DOD Authorizations.

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