[Congressional Record Volume 140, Number 98 (Monday, July 25, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 25, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
  DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  1995

  The Senate continued with the consideration of the bill.
  Mr. BYRD. Mr. President, the Senator from Vermont proposes an 
amendment that would reduce all of the accounts in the Interior 
appropriations bill to restore the NEA to the level requested in the 
President's budget.
  In reviewing amendments proposed to this bill, it has been my policy 
that across-the-board reductions should not be used as a source of 
funding to offset desired increases in other programs, and such is the 
case with this amendment as well. As the Senator from Vermont knows, 
each appropriations bill is a series of choices, choices as to which 
programs should be increased and which programs should be decreased, 
choices involving decisions to increase program funding based on merit, 
based on need. No program in the bill is guaranteed funding at any 
particular level from one year to the next.
  The Appropriations Committee took a 5-percent reduction in NEA 
funding over concern about some of the types of art that have been 
funded in recent years. It is difficult to conceive how some of the 
controversies that have consumed this appropriations bill can be argued 
to be examples of the best art that America has to offer or how they 
pass the test of artistic merit that is to be at the root of each grant 
decision made by the NEA.
  I should say to the Senate that my own personal preference at the 
time was to reduce the NEA by more than the 5-percent reduction taken 
in the bill. But I recommended the course of action--after discussing 
it with other Senators, and particularly with the Senator from Oklahoma 
[Mr. Nickles], I recommended the course of action in response to 
concerns about not affecting adversely some of the very excellent art 
that also benefits from this bill.
  I met with Jane Alexander, the Chairman of the National Endowment for 
the Arts. I was very impressed with Ms. Alexander and her commitment 
toward undertaking the necessary reviews and reforms within the NEA 
grant process to ensure greater accountability of the expenditure of 
dollars appropriated in the bill.
  When I met with Ms. Alexander, she indicated that she was in the 
process of initiating certain actions and steps and reforms that 
hopefully will prevent future incidents in which certain performances 
have created opposition and resistance to appropriations for the arts. 
I was impressed with her. I was impressed that she was committed to 
undertaking the necessary reviews and reforms within the process to 
ensure greater accountability of the expenditure of dollars 
appropriated in this bill. I expressed to her that I would oppose any 
amendment in the Chamber that would modify the committee's recommended 
funding level, whether upward or downward.
  So, I must oppose this amendment and take this bill to conference 
with the House, which has imposed a lesser reduction of 2 percent on 
the NEA's budget. I also told Ms. Alexander that I would approach the 
conference with an open mind, both with respect to the ultimate funding 
level and the distribution of any cuts that might be taken.
  Mr. President, I simply want to do what is best for the NEA and for 
the arts. It is difficult to understand why some of the performances 
that have attracted so much controversy were funded in whole or in 
part--mostly in part, I suppose I should say--by the NEA. We have had 
controversy time and time again, discussed here on the Senate floor. 
The overwhelming majority of the grants that have been made have been 
made for wholesome performances.
  I do not know of anybody in this body who is a greater supporter of 
the arts than I am. When I was a boy, my foster father never bought a 
cap buster for me, or a cowboy suit. He did not have much money. He was 
a coal miner. He bought a drawing tablet or a water color set or a 
book. I suppose I am in a position to recall the words from the 
gardener in Shakespeare's ``King Richard II,''

       I shall root away the noisome weeds which, without profit, 
     suck the soil's fertility from wholesome flowers.

  So it was not an attempt to destroy the wholesome flowers--and most 
of the NEA's budget consists of arts that might be categorized as 
wholesome flowers--but it was an attempt clearly to indicate that there 
has to be a painstaking effort, a more conscientious effort to root 
away the problems that ``suck the soil's fertility from wholesome 
flowers,'' and have created the controversies and caused so much 
criticism. In the hopes that that message could be received and heard, 
which I believe it has been, the action was taken by the committee. I 
hope that we will give Jane Alexander a chance to promote a better 
image for the National Endowment for the Arts. I believe she will. I 
was impressed by her sincerity, by her conscientious attitude, by her 
demeanor, and by her words. I want her to make good, because if she 
makes good, the country makes good, and the NEA makes good. And perhaps 
the sooner she succeeds, the sooner we will not have to face amendments 
cutting funds for the NEA in the committee, in the Chamber, and in 
conference.
  May I say to my friends who have proposed the amendment, fish and 
wildlife construction was cut 38.1 percent; fish and wildlife land 
acquisition has been cut 22.9 percent; Park Service construction has 
been cut 15.5 percent; Park Service land acquisition has been cut 13.6 
percent; Geological Survey Service, 2.2 percent; Bureau of Mines 
Operations--which is no small matter to this Senator--cut 10.1 percent; 
Bureau of Indian Affairs construction, 26.2 percent; Forest Service 
construction--also very important to States like West Virginia--cut 
13.3 percent; Fossil Energy Research and Development, cut 2.6 percent; 
strategic petroleum reserve, cut 25.9 percent; Indian Health 
construction, cut 14.6 percent.
  The subcommittee is operating with $336 million less than budget 
authority in fiscal year 1994.
  Taking into consideration the overall constraints that we have had 
placed on us, Mr. President, I believe that the NEA cut that we are 
talking about is reasonable. I close by saying that I want to be 
helpful to Ms. Alexander, and not hurt her, and not hurt legitimate and 
worthwhile grants for the arts' ``wholesome flowers.''
  I yield the floor.


                       vote on amendment no. 2395

  THE PRESIDING OFFICER. Under the previous order, the hour of 3:30 
having arrived, the question occurs on amendment No. 2395, offered by 
the Senator from West Virginia [Mr. Byrd]. On this question, the yeas 
and nays have been ordered, and the clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. FORD. I announce that the Senator from California [Mrs. Boxer], 
the Senator from Iowa [Mr. Harkin], the Senator from Massachusetts [Mr. 
kennedy], and the Senator from Ohio [Mr. Metzenbaum] are necessarily 
absent.
  Mr SIMPSON. I announce that the Senator from Utah [Mr. Bennett], the 
Senator from New York [Mr. D'Amato], the Senator from Utah [Mr. Hatch], 
and the Senator from Pennsylvania [Mr. Specter] are necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
who desire to vote?
  The result was announced--yeas 92, nays 0, as follows:

                      [Rollcall Vote No. 229 Leg.]

                                YEAS--92

     Akaka
     Baucus
     Biden
     Bingaman
     Bond
     Boren
     Bradley
     Breaux
     Brown
     Bryan
     Bumpers
     Burns
     Byrd
     Campbell
     Chafee
     Coats
     Cochran
     Cohen
     Conrad
     Coverdell
     Craig
     Danforth
     Daschle
     DeConcini
     Dodd
     Dole
     Domenici
     Dorgan
     Durenberger
     Exon
     Faircloth
     Feingold
     Feinstein
     Ford
     Glenn
     Gorton
     Graham
     Gramm
     Grassley
     Gregg
     Hatfield
     Heflin
     Helms
     Hollings
     Hutchison
     Inouye
     Jeffords
     Johnston
     Kassebaum
     Kempthorne
     Kerrey
     Kerry
     Kohl
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lott
     Lugar
     Mack
     Mathews
     McCain
     McConnell
     Mikulski
     Mitchell
     Moseley-Braun
     Moynihan
     Murkowski
     Murray
     Nickles
     Nunn
     Packwood
     Pell
     Pressler
     Pryor
     Reid
     Riegle
     Robb
     Rockefeller
     Roth
     Sarbanes
     Sasser
     Shelby
     Simon
     Simpson
     Smith
     Stevens
     Thurmond
     Wallop
     Warner
     Wellstone
     Wofford

                                NAYS--0

                             NOT VOTING--8

     Bennett
     Boxer
     D'Amato
     Harkin
     Hatch
     Kennedy
     Metzenbaum
     Specter
  So, the amendment (No. 2395) was agreed to.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Mr. President, I ask unanimous consent that the Senator 
from Vermont, Mr. Jeffords, be recognized for not to exceed 2 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Vermont is recognized for 2 minutes.


                           Amendment No. 2397

  Mr. JEFFORDS. Mr. President, I rise for the purposes of letting 
everyone who would vote on my amendment know what I attempt to do with 
it.
  I have an amendment pending which would restore funding to the NEA, 
and apply that restoration--to achieve the offset--as an across-the-
board percentage cut to all programs in the bill. This would happen 
rather than gutting certain NEA programs by 40 percent.
  Also pending is the Helms amendment, which is a broad censoring 
amendment which would attempt to prevent the kind of event that 
occurred in the Minnesota theater. We heard assurances earlier from the 
Senator from West Virginia that he was working with Jane Alexander of 
the Endowment. He intended that the purpose of his cut was to fire a 
shot across the bow to warn that further things should not occur. The 
House has approved only a 2 percent across-the-board cut.
  I am placing my confidence in the Senator from West Virginia that his 
method of working with the Endowment will be much more successful and 
certainly much more desirable than adopting a broad censoring 
amendment, and a vote on my amendment.
  Therefore, Mr. President, I withdraw my amendment.
  The PRESIDING OFFICER. The Senator has that right.
  The amendment is withdrawn.
  So the amendment (No. 2397) was withdrawn.
  The PRESIDING OFFICER. The Chair recognizes the Senator from 
Connecticut.


                           amendment no. 2396

  Mr. BUMPERS. Mr. President, what is the pending amendment?
  The PRESIDING OFFICER. The Helms amendment.
  Mr. BUMPERS. Mr. President, I move to table the Helms amendment and 
ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The question is on agreeing to the motion of 
the Senator from Arkansas to lay on the table the amendment of the 
Senator from North Carolina. On this question, the yeas and nays have 
been ordered, and the Clerk will call the roll.
  The legislative clerk called the roll.
  Mr. FORD. I announce that the Senator from California [Mrs. Boxer], 
the Senator from Iowa [Mr. Harkin], the Senator from Massachusetts [Mr. 
Kennedy], and the Senator from Ohio [Mr. Metzenbaum] are necessarily 
absent.
  I further announce that, if present and voting, the Senator from 
Massachusetts [Mr. Kennedy] would vote ``aye.''
  Mr. SIMPSON. I announce that the Senator from Utah [Mr. Bennett], the 
Senator from New York [Mr. D'Amato], the Senator from Kansas [Mr. 
Dole], the Senator from Utah [Mr. Hatch], and the Senator from 
Pennsylvania [Mr. Specter] are necessary absent.
  The PRESIDING OFFICER (Mr. Campbell). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 49, nays 42, as follows:

                      [Rollcall Vote No. 230 Leg.]

                                YEAS--49

     Akaka
     Baucus
     Biden
     Bingaman
     Boren
     Bradley
     Bryan
     Bumpers
     Campbell
     Chafee
     Cohen
     Conrad
     Danforth
     Daschle
     DeConcini
     Dodd
     Dorgan
     Durenberger
     Feingold
     Feinstein
     Glenn
     Graham
     Gregg
     Heflin
     Hollings
     Inouye
     Jeffords
     Kassebaum
     Kerrey
     Kerry
     Lautenberg
     Leahy
     Levin
     Lieberman
     Mikulski
     Mitchell
     Moseley-Braun
     Moynihan
     Murray
     Packwood
     Pell
     Pryor
     Reid
     Riegle
     Robb
     Rockefeller
     Sarbanes
     Simon
     Wellstone

                                NAYS--42

     Bond
     Breaux
     Brown
     Burns
     Byrd
     Coats
     Cochran
     Coverdell
     Craig
     Domenici
     Exon
     Faircloth
     Ford
     Gorton
     Gramm
     Grassley
     Hatfield
     Helms
     Hutchison
     Johnston
     Kempthorne
     Kohl
     Lott
     Lugar
     Mack
     Mathews
     McCain
     McConnell
     Murkowski
     Nickles
     Nunn
     Pressler
     Roth
     Sasser
     Shelby
     Simpson
     Smith
     Stevens
     Thurmond
     Wallop
     Warner
     Wofford

                             NOT VOTING--9

     Bennett
     Boxer
     D'Amato
     Dole
     Harkin
     Hatch
     Kennedy
     Metzenbaum
     Specter
  So the motion to lay on the table the amendment (No. 2396) was agreed 
to.
  Mr. DODD. Mr. President, I move to reconsider the vote.
  Mr. BIDEN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. Mr. Byrd is recognized.
  Mr. BYRD. Mr. President, in an effort to expedite matters, I have 
discussed the following request with the principals involved.
  I ask unanimous consent that Mr. McCain be recognized to call up an 
amendment--I believe it is an amendment to establish land acquisition 
criteria--that there be 5 minutes thereon, after which a vote occur; 
and I ask unanimous consent that it be in order to order the yeas and 
nays at this time.
  Mr. NICKLES. Reserving the right to object. I wonder if it might be 
possible if we go to Senator Baucus or give us about another 5 minutes 
on Senator McCain's amendment?
  Mr. BYRD. I withdraw that request.
  Mr. President, I ask unanimous consent that Mr. Baucus be recognized 
to call up an amendment on which there be no more than 5 minutes to be 
divided in accordance with the usual form, which means that Mr. Baucus 
gets 5 minutes and I get 10 seconds.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BYRD. Then an amendment by Mr. McCain, having to do with 
establishment of land acquisition criteria on which he have 5 minutes, 
after which a vote occur.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BYRD. Mr. President, I ask unanimous consent that it be in order 
to order the yeas and nays at this time on the amendment by Mr. McCain.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BYRD. Mr. President, I ask for the yeas and nays on the amendment 
by Mr. McCain.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. BYRD. Mr. President, I ask unanimous consent that upon the 
disposition of the amendment by Mr. McCain, Mr. Bumpers be recognized 
to call up an amendment, on which a time agreement was entered earlier 
today.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BYRD. Mr. President, I thank all Senators.
  Mr. President, I ask unanimous consent that no second-degree 
amendments be in order to either the Baucus amendment or the McCain 
amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BYRD. I ask unanimous consent that the appropriate amendments be 
set aside to accommodate the offering of these two amendments.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Montana is recognized.

                          ____________________