[Congressional Record Volume 140, Number 118 (Friday, August 19, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 19, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                    THWARTING THE WILL OF THE SENATE

  Mr. REID. Mr. President, I ask unanimous consent to speak for 10 
minutes as if in morning business. I also ask unanimous consent that my 
remarks appear in the Record so as not to interrupt the current debate.
  Mr. President, I do not wish to interrupt or delay the important and 
historic debate on health care that this body is currently engaged in. 
However, a disturbing matter has been brought to my attention that I 
believe deserves immediate consideration by this body. It involves a 
Federal agency's successful--albeit in bad faith--effort to thwart the 
will of this body by lobbying members of an appropriations conference 
to remove a unanimously passed Senate amendment.
  I am referring to actions taken over the past couple of weeks by the 
Department of Housing and Urban Development. These actions were taken 
in response to an amendment I offered to the fiscal year 1995 VA-HUD 
and independent agencies appropriations bill.
  My amendment was a moderate, thoughtful, and commonsense amendment 
designed to prevent the distribution of any Federal housing benefits to 
those individuals who are not lawfully within the country.
  I offered this amendment, in part, because HUD was doing nothing--I 
repeat, doing not a thing--to determine the eligibility of alien 
applicants for Federal housing benefits. It didn't matter that an 
individual may have entered the country unlawfully. HUD was not 
concerned. It did not matter that an individual may have only been in 
the country for the purpose of attending school. HUD would not ask 
questions. And, the practical result was that untold amounts of Federal 
housing benefits ended up going to individuals who were statutorily 
prohibited from receiving such benefits. The best way of describing 
HUD's approach to dealing with the verification of alien eligibility 
prior to distributing Federal benefits was: We do not ask, we do not 
tell.
  It is important that this body realize that HUD's successful efforts 
to thwart the will of the Congress extends beyond their midnight murder 
of my amendment. That is why I feel so strongly about speaking out on 
this issue now.
  In 1980, Congress passed the Housing and Community Development Act of 
1980. Included in the act was section 214, a provision that limited 
alien eligibility for specified housing assistance to certain classes 
of aliens. When we passed this provision we expected HUD to draft and 
implement regulations further codifying what was obviously clear 
Congressional intent.
  Well, 14 years and three administrations later--and not 
coincidentally, on the very day I offered my amendment--HUD issued a 
proposed rule for section 214. That is right, Congress passed a law in 
1980 that said if your residency status did not entitle you to Federal 
housing benefits you were prohibited from receiving them. And, it took 
the Department of Housing and Urban Development 14 years to implement 
regulations covering this law. This bloated bureaucracy took a simple 
rulemaking process and turned it into a modern day version of the 
Keystone Cops.
  And then, when the Senate overwhelmingly passed my amendment--which 
only said that HUD had to take reasonable action to verify the lawful 
immigration status of all applicants--HUD sent its flacks to Congress 
to cut a seedy backroom deal.
  Well, I stand here today to put HUD on notice that they may have won 
the battle but they are going to lose the war. The American people--and 
this Senator--will not stand silent anymore while this agency 
flagrantly and willfully ignores the laws that are passed by this body. 
There are sound policy reasons why we have laws on our books 
prohibiting the distribution of Housing Benefits to individuals who are 
not lawfully within this country. I know this. This body knows this. 
And, the American people know this. It is time that the Department of 
Housing and Urban Development also be educated of this. Perhaps the 
best way to do this may be to write HUD a large appropriations but then 
not deliver a check. That is essentially what they are doing with this 
body.

  Yesterday we spent a great deal of time talking about sunshine in 
Government. Members of both sides of the aisle were in agreement that 
more sunshine on our dealings up here will produce a health care bill 
that is more satisfactory to all. Well, I think the same axiom holds 
true with actions taken by our agencies. Today, I am putting HUD on 
notice that I intend to put a little sunshine onto their activities. 
Perhaps it will end up shining on places where the sun has not shined 
before, but that may be a good thing.
  I intend to find out why this agency has refused to follow the laws 
of the land. I intend to review every piece of legislation affecting 
this agency with an eye towards ensuring that they are following the 
law and not further wasting taxpayer dollars. As a member of the 
Appropriations Committee, I intend to review all future HUD 
appropriations with a fine tooth comb. If hearings are necessary, they 
will be held. If investigations are in order, they will be conducted. 
If money has been misspent, it will be exposed. The days of belligerent 
bureaucrats blindly circumventing the will of this body are now over.
  Am I angry about HUD's assault on my amendment? You bet I am. Should 
other Members of this body be concerned? I respectfully suggest that 
they should.
  My good friend from Maryland, the distinguished chairwoman of the VA-
HUD Appropriations Subcommittee, supported this amendment, and I know 
that she tried to retain its inclusion during conference. The message 
HUD is sending this body in its actions following passage of this 
measure is that it does not care what the Senate says, it will follow 
and uphold the laws that it want to. Mr. President, HUD can not be 
allowed to engage in this type of grocery shopping spree--arbitrarily 
picking and choosing which laws it wants to follow and which ones it 
does not. To do so not only undermines the intent of this body, it 
undermines the authority of the Constitution. And, that can not be 
tolerated.
  Mr. President, defenders of HUD will wail loudly about the problems 
of implementing a regulation governing the restriction of housing 
benefits to those not lawfully within the country. They will tell you 
that the Federal law covering the restriction is too complicated, or 
not clear enough, or may involve sensitive issues of civil liberties. 
Let the people judge. I ask unanimous consent that this provision, as 
it appears in title 42 section 1436a of the United States Code, be 
printed in the Record. Also, I ask unanimous consent that an internal 
memorandum from HUD, in which HUD authorities announce that no 
residency questions may be asked of any housing benefit applicant, also 
be printed in the Record immediately following the printing of section 
1436a.
  (See exhibit 1.)
  Mr. REID. I think this memo, even though it was written in 1987, 
evidences not only HUD's contravention of Federal law, but also its 
malfeasance--some would say negligence--in the distribution of Federal 
benefits. It also evidences why my modest amendment was necessary.
  Mr. President, I will conclude by again telling the powers that be at 
HUD that this Senator now has their actions on his radar screen. All 
their actions will be monitored closely. This body will be made aware 
that of and when they willfully distribute taxpayer dollars to those 
not lawfully within this country, and if and when they capriciously 
refuse to enforce the laws of the land, they will loudly and publicly 
be called to task.
  The issue of the immigration debate is not about immigrant bashing, 
as some would have us believe. It is about the disgust that all of us 
feel when laws are not enforced and individuals flagrantly abuse the 
laxity of law enforcement. All we want is for people to play by the 
rules.
  I thank the Chair and yield back the balance of my time.

                               Exhibit 1

                  Excerpt From the United States Code

     Sec. 1436a. Restriction on use of assisted housing by non-
       resident aliens

       (a) Conditions for assistance.--Notwithstanding any other 
     provision of law, the Secretary of Housing and Urban 
     Development may not make financial assistance available for 
     the benefit of any alien unless that alien is a resident of 
     the United States and is--
       (1) an alien lawfully admitted for permanent residence as 
     an immigrant as defined by sections 101(a)(15) and 101(a)(20) 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15) 
     and 8 U.S.C. 1101(a)(20)), excluding, among others, alien 
     visitors, tourists, diplomats, and students who enter the 
     United States temporarily with no intention of abandoning 
     their residence in a foreign country;
       (2) an alien who entered the United States prior to June 
     30, 1948, or such subsequent date as is enacted by law, has 
     continuously maintained his or her residence in the United 
     States since then, and is not ineligible for citizenship, but 
     who is deemed to be lawfully admitted for permanent residence 
     as a result of an exercise of discretion by the Attorney 
     General pursuant to section 249 of the Immigration and 
     Nationality Act (8 U.S.C. 1259) [8 USCS Sec. 1259];
       (3) an alien who is lawfully present in the United States 
     pursuant to an admission under section 207 of the Immigration 
     and Nationality Act (8 U.S.C. 1157) or pursuant to the 
     granting of asylum (which has not been terminated) under 
     section 208 of such Act (8 U.S.C. 1158);
       (4) an alien who is lawfully present in the United States 
     as a result of an exercise of discretion by the Attorney 
     General for emergent reasons or reasons deemed strictly in 
     the public interest pursuant to section 212(d)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(d)(5));
       (5) an alien who is lawfully present in the United States 
     as a result of the Attorney General's withholding deportation 
     pursuant to section 243(h) of the Immigration and Nationality 
     Act (8 U.S.C. 1253(h));
       (6) an alien lawfully admitted for temporary or permanent 
     residence under section 245A of the Immigration and 
     Nationality Act [8 USCS Sec. 1255a].
       (b) ``Financial assistance'' defined.--For purposes of this 
     section the term ``financial assistance'' means financial 
     assistance made available pursuant to the United States 
     Housing Act of 1937 [42 USCS Sec. Sec. 1437 et seq.] section 
     235 or 236 of the National Housing Act [12 USCS Sec. 1715z or 
     1715z-1], or section 101 of the Housing and Urban Development 
     Act of 1965.
       (c) Preservation of families; students.--(1) If, following 
     completion of the applicable hearing process, financial 
     assistance for any individual receiving such assistance on 
     the date of the enactment of the Housing and Community 
     Development Act of 1987 [enacted Feb. 5, 1988] is to be 
     terminated, the public housing agency or other local 
     governmental entity involved (in the case of public housing 
     or assistance under section 8 of the United States Housing 
     Act of 1937 [42 USCS Sec. 1437f]) or the Secretary of Housing 
     and Urban Development (in the case of any other financial 
     assistance) may, in its discretion, take one of the following 
     actions:
       (A) Permit the continued provision of financial assistance, 
     if necessary to avoid the division of a family in which the 
     head of household or spouse is a citizen of the United 
     States, a national of the United States, or an alien resident 
     of the United States described in any of paragraphs (1) 
     through (6) of subsection (a). For purposes of this 
     paragraph, the term ``family'' means a head of household, any 
     spouse, any parents of the head of household, any parents of 
     the spouse, and any children of the head of household or 
     spouse.
       (B) Defer the termination of financial assistance, if 
     necessary to permit the orderly transition of the individual 
     and any family members involved to other affordable housing. 
     Any deferral under this subparagraph shall be for a 6-month 
     period and may be renewed by the public housing agency or 
     other entity involved for an aggregate period of 3 years. At 
     the beginning of each deferral period, the public housing 
     agency or other entity involved shall inform the individual 
     and family members of their ineligibility for financial 
     assistance and offer them other assistance in finding other 
     affordable housing.
       (2) Notwithstanding any other provision of law, the 
     Secretary of Housing and Urban Development may not make 
     financial assistance available for the benefit of--
       (A) any alien who--
       (i) has a residence in a foreign country that such alien 
     has no intention of abandoning;
       (ii) is a bona fide student qualified to pursue a full 
     course of study; and
       (iii) is admitted to the United States temporarily and 
     solely for purposes of pursuing such a course of study at an 
     established institution of learning or other recognized place 
     of study in the United States, particularly designated by 
     such alien and approved by the Attorney General after 
     consultation with the Department of Education of the United 
     States, which institution or place of study shall have agreed 
     to report to the Attorney General the termination of 
     attendance of each nonimmigrant student (and if any such 
     institution of learning or place of study fails to make such 
     reports promptly the approval shall be withdrawn); and
       (B) the alien spouse and minor children of any alien 
     described in subparagraph (A), if accompanying such alien or 
     following to join such alien.
       (d) Conditions for Provision of Financial Assistance for 
     Individuals.--The following conditions apply with respect to 
     financial assistance being provided for the benefit of an 
     individual:
       (1)(A) There must be a declaration in writing by the 
     individual (or, in the case of an individual who is a child, 
     by another on the individual's behalf), under penalty of 
     perjury, stating whether or not the individual is a citizen 
     or national of the United States, and, if that individual is 
     not a citizen or national of the United States, that the 
     individual is in a satisfactory immigration status.
       (B) In this subsection, the term ``satisfactory immigration 
     status'' means an immigration status which does not make the 
     individual ineligible for financial assistance.
       (2) If such an individual is not a citizen or national of 
     the United States, is not 62 years of age or older, and is 
     receiving financial assistance on the date of the enactment 
     of the Housing and Community Development Act of 1987 [enacted 
     Feb. 5, 1988], there must be presented either--
       (A) alien registration documentation or other proof of 
     immigration registration from the Immigration and 
     Naturalization Service that contains the individual's alien 
     admission number or alien file number (or numbers if the 
     individual has more than one number), or
       (B) such other documents as the Secretary determines 
     constitutes reasonable evidence indicating a satisfactory 
     immigration status.
       (3) If the documentation described in paragraph (2)(A) is 
     presented, the Secretary shall utilize the individual's alien 
     file or alien admission number to verify with the Immigration 
     and Naturalization Service the individual's immigration 
     status through an automated or other system (designated by 
     the Service for use with States) that--
       (A) utilizes the individual's name, file number, admission 
     number, or other means permitting efficient verification, and
       (B) protects the individual's privacy to the maximum degree 
     possible.
       (4) In the case of such an individual who is not a citizen 
     or national of the United States, is not 62 years of age or 
     older, and is receiving financial assistance on the date of 
     the enactment of the Housing and Community Development Act of 
     1987 [enacted Feb. 5, 1988], if, at the time of application 
     or recertification for financial assistance, the statement 
     described in paragraph (1) is submitted but the documentation 
     required under paragraph (2) is not presented or if the 
     documentation required under paragraph (2)(A) is presented 
     but such documentation is not verified under paragraph (3)--
       (A) the Secretary--
       (i) shall provide a reasonable opportunity to submit to the 
     Secretary evidence indicating a satisfactory immigration 
     status, or to appeal to the Immigration and Naturalization 
     Service the verification determination of the Immigration and 
     Naturalization Service under paragraph (3), and
       (ii) may not delay, deny, reduce, or terminate the 
     individual's eligibility for financial assistance on the 
     basis of the individual's immigration status until such a 
     reasonable opportunity has been provided; and
       (B) if any documents or additional information are 
     submitted as evidence under subparagraph (A), or if appeal is 
     made to the Immigration and Naturalization Service with 
     respect to the verification determination of the Service 
     under paragraph (3)--
       (i) the Secretary shall transmit to the Immigration and 
     Naturalization Service photostatic or other similar copies of 
     such documents or additional information for official 
     verification,
       (ii) pending such verification or appeal, the Secretary may 
     not delay, deny, reduce, or terminate the individual's 
     eligibility for financial assistance on the basis of the 
     individual's immigration status, and
       (iii) the Secretary shall not be liable for the 
     consequences of any action, delay, or failure of the Service 
     to conduct such verification.
       (5) If the Secretary determines, after complying with the 
     requirements of paragraph (4), that such an individual is not 
     in a satisfactory immigration status--
       (A) the Secretary shall deny or terminate the individual's 
     eligibility for financial assistance, and
       (B) the applicable fair hearing process shall be made 
     available with respect to the individual.
       (6) For purposes of paragraph (5)(B), the applicable fair 
     hearing process made available with respect to any individual 
     shall include not less than the following procedural 
     protections:
       (A) The Secretary shall provide the individual with written 
     notice of the determination described in paragraph (5) and of 
     the opportunity for a hearing with respect to the 
     determination.
       (B) Upon timely request by the individual, the Secretary 
     shall provide a hearing before an impartial hearing officer 
     designated by the Secretary, at which hearing the individual 
     may produce evidence of a satisfactory immigration status.
       (C) The Secretary shall notify the individual in writing of 
     the decision of the hearing officer on the appeal of the 
     determination in a timely manner.
       (D) Financial assistance may not be denied or terminated 
     under the completion of the hearing process.
       For purposes of this subsection, the term ``Secretary'' 
     means the Secretary of Housing and Urban Development, a 
     public housing agency, or another entity that determines the 
     eligibility of an individual for financial assistance.
       (e) Regulatory actions against entities for erroneous 
     determinations regarding eligibility based upon citizenship 
     or immigration status.--The Secretary of Housing and Urban 
     Development shall not take any compliance, disallowance, 
     penalty, or other regulatory action against an entity with 
     respect to any error in the entity's determination to make an 
     individual eligible for financial assistance based on 
     citizenship or immigration status--
       (1) if the entity has provided such eligibility based on a 
     verification of satisfactory immigration status by the 
     Immigration and Naturalization Service,
       (2) because the entity, under subsection (d)(4)(A)(ii) (or 
     under any alternative system for verifying immigration status 
     with the Immigration and Naturalization Service authorized in 
     the Immigration Reform and Control Act of 1986 (Public Law 
     99-603)), was required to provide a reasonable opportunity to 
     submit documentation.
       (3) because the entity, under subsection (d)(4)(B)(ii) ( or 
     under any alternative system for verifying immigration status 
     with the Immigration and Naturalization Service authorized in 
     the Immigration Reform and Control Act of 1986 (Public Law 
     99-603)), was required to wait for the response to the 
     Immigration and Naturalization Service to the entity's 
     request for official verification of the immigration status 
     of the individual, or
       (4) because of a fair process described in subsection 
     (d)(5)(B) (or provided for under any alternative system for 
     verifying immigration status with the Immigration and 
     Naturalization Service authorized in the Immigration Reform 
     and Control Act of 1986 (Public Law 99-603)).
       (f) Verification system; liability of State or local 
     government agencies or officials; prior consent agreements, 
     court decrees or court orders unaffected.--(1) 
     Notwithstanding any other provision of law, no agency or 
     official of a State or local government shall have any 
     liability for the design or implementation of the Federal 
     verification system described in subsection (d) if the 
     implementation by the State or local agency or official is in 
     accordance with Federal rules and regulations.
       (2) The verification system of the Department of Housing 
     and Urban Development shall not supersede or affect any 
     consent agreement entered into or court decree or court order 
     entered prior to the date of the enactment of the Housing and 
     Community Development Act of 1987 [enacted Feb. 5, 1988].
       (g) Reimbursement for costs of implementation.--The 
     Secretary of Housing and Urban Development is authorized to 
     pay to each public housing agency or other entity an amount 
     equal to 100 percent of the costs incurred by the public 
     housing agency or other entity in implementing and operating 
     an immigration status verification system under subsection 
     (d) or under any alternative system for verifying immigration 
     status with the Immigration and Naturalization Service 
     authorized in the Immigration Reform and Control Act of 1986 
     (Public Law 99-603)).
     (Oct. 8, 1980, P.L. 96-399, Title II, Sec. 214, 94 Stat. 
     1637; Aug. 13, 1981, P.L. 97-35, Title III, Subtitle A, Part 
     2, Sec. 329(a), 95 Stat. 408; Nov. 6, 1986, P.L. 99-603, 
     Title I, Part C, Sec. 121(a)(2), 100 Stat. 3386; Feb. 5, 
     1988, P.L. 100-242, Title I, Subtitle B, Sec. 164(a)-(f)(1), 
     101 Stat. 1860.)


                 history; ancillary laws and directives

       References in text:
       ``Section 101 of the Housing and Urban Development Act of 
     1965'', referred to in this section, is Act Aug. 10, 1965, 
     P.L. 89-117, Title I, Sec. 101, 79 Stat. 453. For full 
     classification of such section, consult USCS Tables volumes.
       ``The Immigration Reform and Control Act of 1986 (Public 
     Law 99-603)'', referred to in this section, is Act Nov. 6, 
     1986, P.L. 99-603, 100 Stat. 3359, which appears generally as 
     8 USCS Sec. Sec. 1101 et seq. For full classification of such 
     Act, consult USCS Tables volumes.
       Explanatory notes:
       This section was not enacted as part of Act Sept. 1, 1937, 
     which generally comprises this chapter.
       Amendments:
       1981. Act Aug. 13, 1981 (effective 10/1/81, as provided by 
     Sec. 371(a) of such Act, which appears as 12 USCS Sec. 3701 
     note) substituted this section for one which read:
       ``(a) Notwithstanding any other provision of law, the 
     Secretary of Housing and Urban Development may not make 
     financial assistance available for the benefit of any 
     nonimmigrant student-alien.
       ``(b) For purposes of this section--
       ``(1) the term `financial assistance' means financial 
     assistance made available pursuant to the United States 
     Housing Act of 1937, section 235 or 236 of the National 
     Housing Act, or section 101 of the Housing and Urban 
     Development Act of 1965; and
       ``(2) the term `nonimmigrant student-alien' means (A) an 
     alien having a residence in a foreign country which he or she 
     has no intention of abandoning, who is a bona fide student 
     qualified to pursue a full course of study and who is 
     admitted to the United States temporarily and solely for 
     purpose of pursuing such a course of study at an established 
     institution of learning or other recognized place of study in 
     the United States, particularly designated by him or her and 
     approved by the Attorney General after consultation with the 
     Department of Education of the United States, which 
     institution or place of study shall have agreed to report to 
     the Attorney General the termination of attendance of each 
     nonimmigrant student, and if such institution of learning or 
     place of study fails to make reports promptly the approval 
     shall be withdrawn, and (B) the alien spouse and minor 
     children of any such alien if accompanying him or her or 
     following to join him or her.''.
                                  ____

                                         Department of Housing and


                                            Urban Development,

                                                 October 30, 1987.
     Interim Instructions for Admission to or Occupancy of 
         Assisted Housing Units: Citizenship/Alien Status
       1. Programs Affected.--These interim instructions are 
     applicable to: Public Housing; Indian Housing; All Sections 
     23 Leased Housing Programs; Turnkey III; Section 8 
     Certificate and Housing Voucher Programs, Moderate 
     Rehabilitation Program; Rent Supplement; Section 236; Section 
     8 New Construction and Substantial Rehabilitation.
       2. Interim Instructions.--This Notice provides further 
     guidance to Public Housing Agencies and Indian Housing 
     Authorities (both referred to as PHAs) and housing owners 
     concerning inquiries about citizenship/alien status of 
     applicants and tenants.
       Restrictions against providing housing assistance to 
     aliens--whether nonimmigrant student-aliens or the 
     subsequently disqualified categories--derive from section 214 
     of the Housing and Community Development Act of 1980, as 
     amended (42 U.S.C. 1436a). On November 21, 1986, HUD 
     published a notice in the Federal Register (51 FR-42088) 
     indefinitely deferring the effective date of the Alien Rule 
     published on April 1, 1986 to implement section 214, as 
     amended. That notice also stated:
       ``It is the position of the Department that the statutory 
     prohibition on housing assistance for illegal aliens, which 
     is contained in section 214 as amended by the 1986 
     immigration reform legislation, is not self-implementing. 
     Owners and PHAs may not take any action to deny or terminate 
     assistance pursuant to section 214 before the effective date 
     of a HUD regulation implementing this statute.''
       Because of the prohibition against enforcing restrictions 
     under section 214 owners and PHAs may not deny or terminate 
     program participation to persons based on their status as 
     aliens (including nonimmigrant student-aliens).
       Previous notices to PHAs and housing owners recited the 
     reasons for delay in implementation of a rule restricting 
     assistance to aliens. Notice PIH 86-18 (July 31, 1986) 
     indicated that PHAs and housing owners were not to require 
     applicants or tenants to produce documents regarding 
     citizenship or alien status before September 30, 1986. After 
     the November 21, 1986 Federal Register notice indefinitely 
     postponed the implementation of alien restrictions, HUD 
     issued Notice PIH 86-25 (November 24, 1986) to all PHAs and 
     HUD Field Offices, as well as memoranda (December 1, 1986) 
     from the Office of Housing for routing to affected project 
     owners. Those documents stated that ``. . . until further 
     notice, no steps may be taken to require families to submit 
     documents to show citizenship or alien status.''
       This Notice is intended to clarify that--because of the 
     prohibition on requiring documentation and denying or 
     terminating assistance on the basis of alien status--until a 
     new rule becomes effective, PHAs and housing owners must 
     refrain from inquiring as to citizenship or alien status of 
     applicants and family members in connection with selection 
     for admission, or for the purpose of determining eligibility 
     for continued assistance under these programs.
       This clarification concerning alien status also applies to 
     students who might be classified as nonimmigrant student-
     aliens, as well as to other applicants and assisted families. 
     Any previous instruction prohibiting assistance to 
     nonimmigrant student-aliens currently is inapplicable.
       Further regulations will be issued before prohibitions on 
     assistance based on citizenship or alien status are 
     implemented.
     Jams E. Baugh,
       General Deputy Assistant Secretary for Public and Indian 
     Housing.
     ------ ------,
       Assistant Secretary for Housing-Federal Housing 
     Commissioner.

  Mr. KEMPTHORNE. Mr. President, I want to set the record straight 
regarding my vote in support of the fiscal year 1995 Commerce, State, 
and Justice conference report. While I strongly support the conference 
report's increased funding for the Justice Department's crime fighting 
activities, I oppose the amount of funding provided to pay for the U.S. 
share of the U.N. peacekeeping assessment.
  At present, the United States pays over 30 percent of the United 
Nations peacekeeping bill. The Clinton administration is trying to 
reduce our share of these costs to 25 percent and I strongly support 
this effort. In addition, I believe that the United Nations does not 
give the United States credit for a variety of activities we contribute 
in support of U.N. peacekeeping operations, humanitarian missions, and 
Security Council resolutions. Earlier this year, the Congress approved 
a $1.2 billion supplemental appropriations bill to cover these 
``donated'' costs to the United Nations. I believe that our 
representatives at the United Nations ought to seek approval of a 
formula that would credit countries, like the United States, that 
voluntarily contribute military forces and services to U.N. operations.
  Under the current U.N. process, we must put our forces under U.N. 
command if we want to be reimbursed for our participation in U.N. 
operations. I think the current reimbursement process at the United 
Nations puts the United States in the unpleasant situation of paying 
for everything ourselves or putting our troops under U.N. command. 
Given the acknowledged weaknesses in the U.N. command and control 
infrastructure, I strongly oppose any effort to put U.S. troops under 
U.N. command. In light of this situation, I believe we need to press 
the United Nations to alter its reimbursement policies so that the 
United States can participate in peacekeeping operations without having 
to make the choice of passing the total bill to the American taxpayers 
or putting our troops under U.N. commanders.
  Mr. President, I wanted to make this clarification and I yield the 
floor.


                   THE ISSUE OF GLOBAL CLIMATE CHANGE

  Mr. CRAIG. Mr. President, I rise to register my strong concern 
regarding the position to be taken by the Clinton administration at 
next week's meeting in Geneva of the International Negotiating 
Committee for a Framework Convention on Climate Change, or ``INC'' as 
it is known.
  At the last INC meeting in February, the U.S. delegation flatly 
announced that the commitments contained in the Climate Change Treaty 
were inadequate. In fact, the treaty a that point had not even entered 
into force. Now I ask you: how is it possible to make an informed 
judgment about the adequacy of a treaty whose terms have not yet even 
taken hold?
  Of further concern is the fact that the Climate Change Treaty already 
outlines a process for considering the adequacy issue, a process which 
the Clinton administration seems intent on circumventing. Under the 
treaty, ratifying countries are required to review the document's 
adequacy at their first official session in March 1995 in Berlin.
  The review is to be carried out ``in light of the best available 
scientific information and assessment on climate change and its 
impacts, as well as relevant technical, social and economic data.'' 
While I fully support the concept that public policy should be based on 
a firm scientific foundation, I understand the next full scientific 
assessment of climate change is not due until late 1995. Moreover, I 
understand much of the data gathered on climate change since the last 
scientific assessment in 1992 does not support the notion that changes 
are necessary.
  Notwithstanding these concerns, the U.S. delegation appears to be on 
the verge of beginning work on a protocol, amendment, or political 
declaration at next week's INC meeting. As under Secretary of State and 
former Senator Tim Wirth said recently, ``As a first priority for the 
future, we need to set an aim that can guide our efforts for the 
initial period after the year 2000.''
  Likewise, Assistant Secretary of State Wendy Sherman said recently,

       If work is not done at the INC meetings in August and next 
     February, it seems unlikely that the conference of the 
     parties [next March in Berlin] will be able to achieve 
     meaningful results.

  I am concerned such ``meaningful results'' might include support for 
nations like Germany and the Netherlands which are calling for 
protocols setting mandatory greenhouse gas emissions reduction targets 
and timetables for developed countries 20 to 25 percent below 1990 
levels by the year 2005.
  Separately, the Clinton administration is charging ahead on the 
domestic front as well. Last October, the president issued a 50-point 
climate change action plan that commits the United States to reduce its 
greenhouse gas emissions to their 1990 level by the year 2000. The plan 
relies primarily upon voluntary measures by industry to reduce 
greenhouse gases.
  However, the administration is now discussing the possibility that 
additional mandatory controls on emissions of greenhouse gases may be 
necessary. Ironically, according to an August 16 article in the New 
York Times, one reason for this is that strong economic growth has led 
to increased greenhouse gas emissions.
  Mr. President, the Clinton administration should resist the 
temptation both internationally and domestically to embrace new 
emissions reduction targets, higher taxes, or other regulatory regimes. 
The potential damage to the U.S. economy and to its international trade 
competitiveness, with attendant job losses, cannot be justified on the 
basis of the current state of the science.
  In addition, any future changes in the treaty must address the 
question of participation by the nonindustralized nations of the world. 
It is widely acknowledged that greenhouse gas emissions from developing 
nations will far outstrip those from the United States and the rest of 
the developed world in the years ahead.
  The U.S. delegation in Geneva should focus on assuring a careful 
assessment of what other countries are doing, with the objective or 
moving them to the level of commitment that the United States has 
already made, based on a careful understanding of the science of 
climate change.

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