[Congressional Record Volume 141, Number 154 (Friday, September 29, 1995)]
[Senate]
[Pages S14637-S14639]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       MAKING CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 1996

  Mr. DOLE. Madam President, before moving to the vote, I would like to 
take up the CR, which has now been cleared on each side.
  I ask unanimous consent that the Senate now turn to the consideration 
of House Joint Resolution 108.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A joint resolution (H.J. Res. 108) making continuing 
     appropriations for the fiscal year 1996, and for other 
     purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the joint resolution?
  There being no objection, the Senate proceeded to consider the joint 
resolution.
  Mr. HATFIELD. Madam President, the Senate has received from the House 
a joint resolution to provide funding through November 13, 1995, for 
the continuation governmental activities carried out during fiscal year 
1995.
  This is a clean bill, providing funding for the activities funded in 
the 13 annual appropriations bills. The funding levels are sufficient 
to continue government activities without prejudice to the ultimate 
enactment of regular bills, but at levels sufficiently low to provide 
an impetus for successful completion of those bills.
  The bill continues ongoing programs at restrictive rates that are the 
average--less 5 percent--of the 1996 levels in the House-passed and 
Senate-passed bills. For those programs that are terminated or 
significantly affected by either the House or Senate bills, the rate 
may be increased to a minimal level--which could be up to 90 percent of 
the current rate. In any instance where the application of the formula 
would result in furloughs then the rate can be increased to a level 
just sufficient to avoid furloughs.
  I would have preferred to come here today to announce the enactment 
into law of the 13 regular bills, rather than to urge your support for 
a continuing resolution covering those 13 bills. At this point, 
however, non of the regular bills has been enacted into law. I am 
hopeful that before the end of the session we can resolve our 
differences with the administration and the House and have 13 bills 
enacted into law. The 6 additional weeks granted by this resolution 
will give us some breathing room for addressing some fundamental 
differences between the executive and legislative branches.
  This joint resolution is very restrictive. This resolution is drafted 
so that there is very little incentive to extend the resolution for a 
longer time. For example, section 114 mandates that the resolution 
``shall be implemented so that only the most limited funding action of 
that permitted in the resolution shall be taken in order to provide for 
the continuation of projects and activities.'' In addition, section 113 
mandates that, for those programs that had high initial rates of 
operation or completed distribution of funds to other entities at the 
beginning of fiscal year 1995, no similar distributions shall be made 
or grants shall be awarded that would impinge upon final funding 
prerogatives. Also, section 109 states that no provision in the fiscal 
year 1996 Appropriations Acts that makes the availability of any 
appropriation contingent upon the enactment of additional authorizing 
or other legislation shall be effective before the expiration date set 
forth in the resolution. These provisions help guarantee that neither 
the executive nor legislative branches will prefer continuation of this 
resolution to the enactment of the regular fiscal year 1996 bills.
  Mr. BYRD. Madam President, I congratulate the Republican leadership 
in the House and Senate for working diligently over the past number of 
days in hammering out with the administration this continuing 
resolution, H.J. Res. 108. I particularly compliment the efforts of the 
chairmen of the Appropriations Committees of the House and Senate, 
Congressman Livingston and Senator Hatfield, for their leadership in 
working out this agreement. These two chairmen deserve the lion's share 
of the credit for working day and night over the past several weeks in 
negotiations with the administration on this continuing resolution.
  Enactment of this resolution will provide the necessary funds to 
continue the operations of all agencies and departments of the Federal 
government over the period October 1 (the beginning of fiscal year 
1996) through November 13, 1995. In addition, the resolution provides 
that, upon enactment into law of any of the 13 regular appropriation 
bills for fiscal year 1996, that full year appropriation act shall 
supersede the continuing resolution.
  This continuing resolution is necessary to enable Congress to 
complete its work on the fiscal year 1996 appropriation bills. To date, 
only two of the 13 regular appropriation bills have been sent to the 
President for his signature--namely, the Military Construction 
Appropriation Bill and the Legislative Branch Appropriation Bill.
  There are a number of other bills upon which conferences either have 
been completed or are nearing completion. However, the President has 
indicated that he will veto as many as five, or possibly more of the 
1996 appropriation bills. Among the bills that he has expressed his 
intention to veto are the Defense Appropriation Bill, which, in the 
President's view, provides several billion dollars above what he and 
the 

[[Page S 14638]]
Pentagon agree is necessary in defense spending for fiscal year 1996. 
The President rightly believes that this excess defense spending could 
be more wisely used to ease the dramatic reductions that are contained 
in a number of the other 1996 appropriation bills. These bills provide 
for the investments in our Nation's physical and human infrastructure. 
The President believes that too little funding is being recommended for 
a number of these infrastructure programs in bills such as VA/HUD and 
Independent Agencies; Labor/HHS; Commerce, Justice, State; and 
Interior. In addition to these bills, the President has objected to a 
number of legislative riders which are being recommended in several 
bills. Among these are: Treasury/Postal; Interior; Labor/HHS; Commerce, 
Justice, State; VA/HUD and Independent Agencies; and possibly others.

  One can see that there remains a great deal of work to be done before 
all 13 of the regular 1996 appropriation bills can be signed into law.
  As the distinguished chairman of the committee, Senator Hatfield, has 
stated, the terms of this continuing resolution will ensure that all 
projects and activities throughout the Federal Government will continue 
to operate at funding levels which will be reduced no more than 10 
percent below their fiscal year 1995 levels. Furthermore, the language 
of the resolution prohibits furloughs of any Federal workers. In other 
words, as White House Chief of Staff Leon Penetta has indicated, this 
continuing resolution will ensure a level playing field as very 
difficult negotiations continue on the 1996 appropriation bills and 
will allow us an additional 44 days to resolve the differences that 
remain in connection with a number of them.
  I am sure that all Members share my hope and desire that all of the 
remaining differences can be resolved and that conferences can be 
completed and that all thirteen appropriation bills can be enacted 
prior to the expiration of this continuing resolution, so that we can 
avoid the need for further continuing resolutions.
  I urge my colleagues to support the adoption of this resolution.
  Mrs. FEINSTEIN. Madam President, I understand that the joint 
resolution would continue funding actions during fiscal year 1996, for 
HUD essentially under the provisions of the fiscal year 1995 VA, HUD, 
an Independent Agencies Appropriation Act. Funding would continue at a 
variety of different levels, depending on the circumstances, under the 
authority and conditions of the 1995 appropriation act. Some of the 
authority and conditions is in the appropriation accounts themselves, 
such as the Stewart B. McKinney Act provision in the annual 
contributions for assisted housing account that permits the proceeds of 
certain refinancings to be split between PHAs and the Treasury. Other 
authority and conditions, such as the amendments to the U.S. Housing 
Act of 1937, at section 8(c)(2)(A), that purports to sunset at the end 
of fiscal year 1995, are in the administrative provisions.
  Is my understanding correct that the Secretary of Housing and Urban 
Development will continue under this joint resolution to have the 
authority to share savings from bond refinancings with State and local 
bond issuers pursuant to the Stewart B. McKinney Act, and continue to 
apply the provisions that would otherwise sunset?
  Mr. HATFIELD. The Senator's understanding is correct. Authorities and 
conditions, such as those under the McKinney Act and the section 8 
programs that you cite, and all other administrative provisions in the 
1995 Act, would remain in effect during the period covered by the joint 
resolution.
  Mrs. HUTCHISON. Madam President today the Senate is considering House 
Joint Resolution 108, the resolution to continue appropriations for 
fiscal year 1996. I would like to ask the manager of the bill to 
confirm my understanding that the continuing resolution keeps in place 
for its duration the moratorium on the listing of the endangered 
species and the designation of critical habitat enacted in Public Law 
104-6 of April 10, 1995. Is that correct?
  Mr. HATFIELD. Yes, that is correct.
  Mrs. HUTCHISON. I am joined by Senators Gorton, Kempthorne and Kyl in 
making this statement in order to clarify the continuing resolution, 
and to prevent any misunderstanding of its terms.
  Mr. KEMPTHORNE. Would the Senator from Texas yield?
  Mrs. HUTCHISON. The Senator would be happy to yield.
  Mr. KEMPTHORNE. As chairman of the Subcommittee on Drinking Water, 
Fisheries and Wildlife of the Senate Environment and Public Works 
Committee, I am glad the Senate is clarifying the intent of House Joint 
Resolution 108 to continue the moratorium placed on listing and 
critical habitat designation under the Endangered Species Act. This 
extension will ensure consistency in federal policy as the debate on 
the endangered Species Act [ESA] moves forward. This is important 
because in the next few weeks I will introduce my bill to reform the 
ESA. I thank the floor leader and Senator Hutchison for their efforts 
to clarify this issue.
  Mr. GORTON. Would the Senator from Idaho yield?
  Mr. KEMPTHORNE. Certainly.
  Mr. GORTON. I would just like to echo the statements of the Senator 
from Idaho. As a strong supporter, and one who worked with the Senator 
from Texas in developing her amendment to the Defense supplemental, I 
believe that the continuing resolution must continue the current 
moratorium on listing and critical habitat designations under the ESA. 
The continuation of this moratorium during the short time of the 
continuing resolution is even more critical because the fiscal year 
1996 Interior appropriations conference report includes language that 
extends the current moratorium.
  As chairman on the Interior appropriations subcommittee, I included 
language in the fiscal year 1996 Interior conference report that 
prohibits listings and critical habitat designations under the ESA 
during fiscal year 1996, or until legislation reauthorizing the act is 
enacted. It is critical to maintain the moratorium during the short 
time period covered by the continuing resolution.
  Mr. LEAHY. Mr. President, I will vote for this continuing resolution 
because we should not shut down the government. Defeating this 
resolution would force millions of Americans to bear the weight of 
political intransigence. That is neither fair nor prudent.
  However, I oppose the practice of delaying appropriations bills, and 
then propping the country up on a temporary set of crutches without 
firm Congressional direction. In many cases, the crutches are 
inadequate. I am most concerned about the way the Low Income Home 
Energy Assistant Program was treated by this measure. This Resolution 
essentially means that Vermont LIHEAP families, many who only earn 
$7,200/year, will not get any help to keep warm in October. While this 
Congress goes back and forth about budget numbers in warm conference 
rooms and well-appointed offices, some Vermonters will be seeing their 
breath in the air of their homes.
  In their third effort to kill LIHEAP this year, the House Republicans 
have rationalized that LIHEAP funds are expended equally all year 
round, as if just as much money is spent in August as is spent in 
November. Therefore, the Continuing Resolution makes about 16 percent 
of the money available on October 1, 1995. In fact, in past years 
States have received 60 percent of the money in the first quarter which 
has amounted to $900 million, or $3.2 million for Vermont.
  Under the extreme limitations of this Continuing Resolution, Vermont 
receives only about $500,000 and the net effect is that LIHEAP families 
will not receive October assistance. I welcome the LIHEAP opponents to 
come to Vermont in late October when the leaves are off the trees, the 
ground is freezing under the corn field stubble, and a cold Canadian 
wind blows under a slate gray sky. People will be cold.
  I have been working with the White House and other members of 
Congress to get the Republicans to accept a six month schedule so that 
30 percent of money is available at a reasonable time of year. They 
have rejected that proposal, and forced us to accept this proposal by 
delaying the final consideration of the Resolution. I am disappointed 
by this approach to LIHEAP, disappointed by the political tactics 
involved in passing the resolution, and disappointed that we do not 
have our appropriations bills finished. None-the-

[[Page S 14639]]
less, I am forced to support this resolution because of the 
circumstances.

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