Congressional Record, Volume 142 Issue 3 (Friday, January 5, 1996)

[Congressional Record Volume 142, Number 3 (Friday, January 5, 1996)]
[Senate]
[Pages S84-S92]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

MESSAGE FROM THE HOUSE ON H.R. 1643

I ask unanimous consent that the Chair lay before the Senate a
message from the House on H.R. 1643, extending certain programs for the
remainder of the fiscal year, and deems all Federal employees essential
and pays those employees; that the Senate immediately concur in the
House amendments, the motion to reconsider be laid upon the table, all
without any intervening action or debate.
The message from the House is as follows:
Resolved, That the House agree to the amendment of the
Senate to the bill (H.R. 1643) entitled ``An Act to authorize
the extension of nondiscriminatory treatment (most-favored-
nation treatment) to the products of Bulgaria'', with the
following amendments:
In lieu of the matter inserted by said amendment, insert:

That the following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for the fiscal year
1996, and for other purposes, namely:
Sec. 101. (a) Such amounts as may be necessary under the
authority and conditions provided in the applicable
appropriations Act for the fiscal year 1995 for continuing
the following projects or activities including the costs of
direct loans and loan guarantees (not otherwise specifically
provided for in this Act) which were conducted in the fiscal
year 1995:
All nutrition services for the elderly under the account
heading ``Aging services programs'' under the Administration
on Aging in the Department of Health and Human Services;
All grants to States for child welfare services, authorized
by title IV, part B, subpart 1, of the Social Security Act,
under the account heading ``Children and families services
programs'' under the Administration for Children and Families
in the Department of Health and Human Services;
All Federal Parent Locator Service activities, as
authorized by section 453 of the Social Security Act, under
the account heading ``Children and families services
programs'' under the Administration for Children and Families
in the Department of Health and Human Services;
All State unemployment insurance administration activities
under the account heading ``State unemployment insurance and
employment service operations'' under the Employment and
Training Administration in the Department of Labor;
All general welfare assistance payments and foster care
payments, as authorized by law, funded under the account
heading ``Operation of Indian programs'' under the Bureau of
Indian Affairs in the Department of the Interior;
All projects and activities funded under the account
heading ``Family support payments to States'' under the
Administration For Children and Families in the Department of
Health and Human Services;
All projects and activities funded under the account
heading ``Payments to States for foster care and adoption
assistance'' under the Administration For Children and
Families in the Department of Health and Human Services;
All administrative activities necessary to carry out the
projects and activities in the preceeding two paragraphs;
All projects and activities funded under the account
headings ``Dual benefits payments account'', ``Limitation on
administration'' and ``Limitation on railroad unemployment
insurance administration fund'' under the Railroad Retirement
Board;
All projects and activities necessary to accommodate
visitors and to provide for visitor services in the National
Park System, the National Wildlife Refuges, the National
Forests, the facilities operated by the Smithsonian
Institution, the National Gallery of Art, the John F. Kennedy
Center for the Performing Arts, and the United States
Holocaust Memorial; and
All projects and activities necessary to process visas and
passports and to provide for American citizen services,
notwithstanding section 15 of the State Department Basic
Authorities Act of 1956: Provided, That whenever the amount
which would be made available or the authority which would be
granted under an Act which included funding for fiscal year
1996 for the projects and activities listed in this section
is greater than that which would be available or granted
under current operations, the pertinent project or activity
shall be continued at a rate for operations not exceeding the
current rate.
(b) Whenever the amount which would be made available or
the authority which would be granted under the Act which
included funding for fiscal year 1996 for the projects and
activities listed in this section as passed by the House as
of the date of enactment of this Act, is different from that
which would be available or granted under such Act as passed
by the Senate as of the date of enactment of this Act, the
pertinent project or activity shall be continued at a rate
for operations not exceeding the current rate or the rate
permitted by the action of the House or the Senate, whichever
is lower, under the authority and conditions provided in the
applicable appropriations Act for the fiscal year 1995.
(c) Whenever an Act which included funding for fiscal year
1996 for the projects and activities listed in this section
has been passed by only the House or only the Senate as of
the date of enactment of this Act, the pertinent project or
activity shall be continued under the appropriation, fund, or
authority granted by the one House at a rate for operations
not exceeding the current rate or the rate permitted by the
action of the one House, whichever is lower, and under the
authority and conditions provided in the applicable
appropriations Act for the fiscal year 1995.
Sec. 102. Appropriations made by section 101 shall be
available to the extent and in the manner which would be
provided by the pertinent appropriations Act.
Sec. 103. No appropriation or funds made available or
authority granted pursuant to section 101 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were not available
during the fiscal year 1995.
Sec. 104. No provision which is included in the
appropriations Act enumerated in section 101 but which was
not included in the applicable appropriations Act for fiscal
year 1995 and which by its terms is applicable to more than
one appropriation, fund, or authority shall be applicable to
any appropriation, fund, or authority provided in this Act.
Sec. 105. Appropriations made and authority granted
pursuant to this title of this Act shall cover all
obligations or expenditures incurred for any program,
project, or activity during the period for which funds or
authority for such project or activity are available under
this Act.
Sec. 106. Unless otherwise provided for in this title of
this Act or in the applicable appropriations Act,
appropriations and funds made available and authority granted
pursuant to this title of this Act shall be available until
(a) enactment into law of an appropriation for any project or
activity provided for in this title of this Act, or (b) the
enactment into law of the applicable appropriations Act by
both Houses without any provision for such project or
activity, or (c) September 30, 1996, except for the projects
and activities under the headings ``Family support payments
to States'' and ``Payments to States for foster care and
adoption assistance'', for which date shall be March 15,
1996, whichever first occurs.
Sec. 107. Expenditures made pursuant to this title of this
Act shall be charged to the applicable appropriation, fund,
or authorization whenever a bill in which such applicable
appropriation, fund, or authorization is contained is enacted
into law.
Sec. 108. No provision in the appropriations Act for the
fiscal year 1996 referred to in section 101 of this Act that
makes the availability of any appropriation provided therein
dependent upon the enactment of additional authorizing or
other legislation shall be effective before the date set
forth in section 106(c) of this Act.
Sec. 109. Appropriations and funds made available by or
authority granted pursuant to this title of this Act may be
used without regard to the time limitations for submission
and approval of apportionments set forth in section 1513 of
title 31, United States Code, but nothing herein shall be
construed to waive any other provision of law governing the
apportionment of funds.
Sec. 110. For the purposes of this title of this Act, the
time covered by this title of this Act shall be considered to
have begun on December 16, 1995.
Sec. 111. Notwithstanding any other provision of this Act,
except section 106, funds appropriated under section 101 for
the payment of vested dual benefits under the Railroad
Retirement Act shall be made available so as to fully fund
the payments made on January 1, 1996, and the payments to be
made within the period covered by this Act including those
payments to be made on the first day of each month within the
period covered by this Act. In addition to the funds
appropriated under section 101 of this Act, $12,800,000 is
appropriated to restore full funding for payments made for
the period prior to January 1, 1996.
Sec. 112. Notwithstanding any other provision of this Act,
except section 106, the authorities provided under subsection
(a) of section 140 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236) shall
remain in effect during the period of this Act,
notwithstanding paragraph (3) of said subsection.

TITLE II

VETERANS AFFAIRS

[[Page S85]]
and schedules and in accordance with eligibility requirements for such
benefits; and
(2) payments to contractors of the Veterans Health
Administration of the Department of Veterans Affairs are made
when due in the case of services provided that directly
relate to patient health and safety.
(b) Funding.--There is hereby appropriated such sums as may
be necessary for the payments pursuant to subsection (a),
including such amounts as may be necessary for the costs of
administration of such payments.
(c) Charging of Accounts When Appropriations Made.--In any
case in which the Secretary uses the authority of subsection
(a) to make payments, applicable accounts shall be charged
for amounts so paid, and for the costs of administration of
such payments, when regular appropriations become available
for those purposes.
(d) Existing Benefits Specified.--For purposes of this
section, existing veterans benefits are benefits under laws
administered by the Secretary of Veterans Affairs that have
been adjudicated and authorized for payment as of--
(1) December 15, 1995; or
(2) if appropriations for such benefits are available
(other than pursuant to subsection (b)) after December 15,
1995, the last day on which appropriations for payment of
such benefits are available (other than pursuant to
subsection (b)).
Sec. 202. Section 201 shall cease to be effective on
September 30, 1996.
Sec. 203. For the purposes of this title of this Act, the
time covered by this title of this Act shall be considered to
have begun on January 4, 1996.

TITLE III

The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for the fiscal year
1996, and for other purposes, namely:
Sec. 301. Such amounts as may be necessary under the
authority and conditions provided in applicable
appropriations Acts for the fiscal year 1995 for paying
salaries of Federal employees excepted from the provisions of
the Antideficiency Act (31 U.S.C. 1341 et seq.) who are
continuing projects and activities conducted in fiscal year
1995 who work during periods when there is otherwise no
funding authority for their salaries.
Sec. 302. Appropriations made by section 301 shall be
available to the extent and in the manner which would be
provided by the pertinent appropriations Act.
Sec. 303. No appropriation or funds made available or
authority granted pursuant to section 301 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were not available
during the fiscal year 1995.
Sec. 304. No provision which is included in the
appropriations Act enumerated in section 301 but which was
not included in the applicable appropriations Act for fiscal
year 1995 and which by its terms is applicable to more than
one appropriation, fund, or authority shall be applicable to
any appropriation, fund, or authority provided in this Act.
Sec. 305. Appropriations made and authority granted
pursuant to this title of this Act shall cover all
obligations or expenditures incurred for any program,
project, or activity during the period for which funds or
authority for such project or activity are available under
this Act.
Sec. 306. Unless otherwise provided for in this title of
this Act or in the applicable appropriations Act,
appropriations and funds made available and authority granted
pursuant to this title of this Act shall be available until
(a) enactment into law of an appropriation for any project or
activity provided for in this title of this Act, or (b) the
enactment into law of the applicable appropriations Act by
both Houses without any provision for such project or
activity, or (c) January 26, 1996, whichever first occurs.
Sec. 307. Expenditures made pursuant to this title of this
Act shall be charged to the applicable appropriation, fund,
or authorization whenever a bill in which such applicable
appropriation, fund, or authorization is contained is enacted
into law.
Sec. 308. No provision in the appropriations Act for the
fiscal year 1996 referred to in section 301 of this Act that
makes the availability of any appropriation provided therein
dependent upon the enactment of additional authorizing or
other legislation shall be effective before the date set
forth in section 306(c) of this Act.
Sec. 309. Appropriations and funds made available by or
authority granted pursuant to this title of this Act may be
used without regard to the time limitations for submission
and approval of apportionments set forth in section 1513 of
title 31, United States Code, but nothing herein shall be
construed to waive any other provision of law governing the
apportionment of funds.
Sec. 310. All Federal Employees Deemed To Be Excepted
Employees.--(a) In General.--Section 1342 of title 31, United
States Code, is amended for the period December 15, 1995
through January 26, 1996--
(1) by inserting after the first sentence ``All officers
and employees of the United States Government or the District
of Columbia government shall be deemed to be performing
services relating to emergencies involving the safety of
human life or the protection of property.''; and
(2) by striking out the last sentence.
Sec. 311. Excepted Employees Under Normal Leave Policy.--
Federal employees considered excepted from furlough during
any period in which there is a lapse in appropriations with
respect to the agency activity in which the employee is
engaged shall not be considered to be furloughed when on
leave and shall be subject to the same leave regulations as
if no lapse in appropriations had occurred.
Sec. 312. Eligibility for Unemployment Compensation.--
Notwithstanding any other provisions of law, beginning on
January 2, 1996, any Federal employee who is excepted from
furlough and is not being paid due to a lapse in
appropriations shall be deemed to be totally separated from
Federal service and eligible for unemployment compensation
benefits under subchapter I of chapter 85 of title 5 of the
United States Code with no waiting period for such
eligibility to accrue.
Sec. 313. For the purposes of this title, Federal employees
returning to work under the provisions of section 310 shall
be deemed to have returned to work at the first regularly
scheduled opportunity after December 15, 1995.
Sec. 314. Appropriations made pursuant to section 301 are
made notwithstanding section 15 of the State Department Basic
Authorities Act of 1956, section 701 of the United States
Information and Educational Exchange Act of 1948, section 313
of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236), section 53 of the Arms Control
and Disarmament Act, and section 10 of Public Law 91-672.

TITLE IV

The following sums are hereby appropriated, out of the
general fund and enterprise funds of the District of Columbia
for the District of Columbia for the fiscal year 1996, and
for other purposes, namely:
Sec. 401. (a) Such amounts as may be necessary under the
authority and conditions provided in the applicable
appropriations Act for the fiscal year 1995 for continuing
projects or activities including the costs of direct loans
and loan guarantees (not otherwise specifically provided for
in this title of this Act) which were conducted in the fiscal
year 1995 and for which appropriations, funds, or other
authority would be available in the following appropriations
Act:
The District of Columbia Appropriations Act, 1996:

Provided, That whenever the amount which would be made
available or the authority which would be granted in this Act
is greater than that which would be available or granted
under current operations, the pertinent project or activity
shall be continued at a rate for operations not exceeding the
current rate.
(b) Whenever the amount which would be made available or
the authority which would be granted under the Act listed in
this section as passed by the House as of the date of
enactment of this Act, is different from that which would be
available or granted under such Act as passed by the Senate
as of the date of enactment of this Act, the pertinent
project or activity shall be continued at a rate for
operations not exceeding the current rate or the rate
permitted by the action of the House or the Senate, whichever
is lower, under the authority and conditions provided in the
applicable appropriations Act for the fiscal year 1995:
Provided, That where an item is not included in either
version or where an item is included in only one version of
the Act as passed by both Houses as of the date of enactment
of this Act, the pertinent project or activity shall not be
continued except as provided for in section 411 or 412 under
the appropriation, fund, or authority granted by the
applicable appropriations Act for the fiscal year 1995 and
under the authority and conditions provided in the applicable
appropriations Act for the fiscal year 1995.
Sec. 402. Appropriations made by section 401 shall be
available to the extent and in the manner which would be
provided by the pertinent appropriations Act.
Sec. 403. No appropriation or funds made available or
authority granted pursuant to section 401 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were not available
during the fiscal year 1995.
Sec. 404. No provision which is included in the
appropriations Act enumerated in section 401 but which was
not included in the applicable appropriations Act for fiscal
year 1995 and which by its terms is applicable to more than
one appropriation, fund, or authority shall be applicable to
any appropriation, fund, or authority provided in this title
of this Act.
Sec. 405. Appropriations made and authority granted
pursuant to this title of this Act shall cover all
obligations or expenditures incurred for any program,
project, or activity during the period for which funds or
authority for such project or activity are available under
this title of this Act.
Sec. 406. Unless otherwise provided for in this title of
this Act or in the applicable appropriations Act,
appropriations and funds made available and authority granted
pursuant to this title of this Act shall be available until
(a) enactment into law of an appropriation for any project or
activity provided for in this title of this Act, or (b) the
enactment into law of the applicable appropriations Act by
both Houses without any provision for such project or
activity, or (c) September 30, 1996, whichever first occurs.
Sec. 407. Notwithstanding any other provision of this title
of this Act, except section 406, none of the funds
appropriated under this title of this Act shall be expended
for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the
pregnancy is the result of an act of rape or incest.
Sec. 408. Expenditures made pursuant to this title of this
Act shall be charged to the applicable appropriation, fund,
or authorization whenever a bill in which such applicable
appropriation, fund, or authorization is contained is enacted
into law.

[[Page S86]]

Sec. 409. No provision in the appropriations Act for the
fiscal year 1996 referred to in section 401 of this title of
this Act that makes the availability of any appropriation
provided therein dependent upon the enactment of additional
authorizing or other legislation shall be effective before
the date set forth in section 406(c) of this Act.
Sec. 410. Appropriations and funds made available by or
authority granted pursuant to this title of this Act may be
used without regard to the time limitations for submission
and approval of apportionments set forth in section 1513 of
title 31, United States Code, but nothing herein shall be
construed to waive any other provision of law governing the
apportionment of funds.
Sec. 411. Notwithstanding any other provision of this title
of this Act, except section 406, whenever the Act listed in
section 401 as passed by both the House and Senate as of the
date of enactment of this Act does not include funding for an
ongoing project or activity for which there is a budget
request, or whenever the rate for operations for an ongoing
project or activity provided by section 401 for which there
is a budget request would result in the project or activity
being significantly reduced, the pertinent project or
activity may be continued under the authority and conditions
provided in the applicable appropriations Act for the fiscal
year 1995 by increasing the rate for operations provided by
section 401 to a rate for operations not to exceed one that
provides the minimal level that would enable existing
activities to continue. No new contracts or grants shall be
awarded in excess of an amount that bears the same ratio to
the rate for operations provided by this section as the
number of days covered by this Act bears to 366. For the
purposes of this title of this Act the minimal level means a
rate for operations that is reduced from the current rate by
25 percent.
Sec. 412. Notwithstanding any other provision of this title
of this Act, except section 406, whenever the rate for
operations for any continuing project or activity provided by
section 401 or section 411 for which there is a budget
request would result in a furlough of Government employees,
that rate for operations may be increased to the minimum
level that would enable the furlough to be avoided. No new
contracts or grants shall be awarded in excess of an amount
that bears the same ratio to the rate for operations provided
by this section as the number of days covered by this Act
bears to 366.
Sec. 413. Notwithstanding any other provision of this title
of this Act, except sections 406, 411, and 412, for those
programs that had high initial rates of operation or complete
distribution of funding at the beginning of the fiscal year
in fiscal year 1995 because of distributions of funding to
States, foreign countries, grantees, or others, similar
distributions of funds for fiscal year 1996 shall not be made
and no grants shall be awarded for such programs funded by
this title of this Act that would impinge on final funding
prerogatives.
Sec. 414. This title of this Act shall be implemented so
that only the most limited funding action of that permitted
in this title of this Act shall be taken in order to provide
for continuation of projects and activities.
Sec. 415. The provisions of section 132 of the District of
Columbia Appropriations Act, 1988, Public Law 100-202, shall
not apply for this title of this Act.
Sec. 416. Notwithstanding any other provision of this title
of this Act, except section 406, none of the funds
appropriated under this title of this Act shall be used to
implement or enforce any system or registration of unmarried,
cohabiting couples whether they are homosexual, lesbian,
heterosexual, including but not limited to registration for
the purpose of extending employment, health, or governmental
benefits to such couples on the same basis that such benefits
are extended to legally married couples; nor shall any funds
made available pursuant to any provision of this title of
this Act otherwise be used to implement or enforce D.C. Act
9-188, signed by the Mayor of the District of Columbia on
April 15, 1992.

TITLE V

CLARIFICATION OF CERTAIN REIMBURSEMENTS

Sec. 501. Clarification of Reimbursement to States for
Federally Funded Employees.--(a) If a State used State funds
to continue carrying out a Federal program or furloughed
State employees whose compensation is advanced or reimbursed
in whole or in part by the Federal Government--
(1) such furloughed employees shall be compensated at their
standard rate of compensation for such period;
(2) the State shall be reimbursed for expenses that would
have been paid by the Federal Government during such period
had appropriations been available, including the cost of
compensating such furloughed employees, together with
interest thereon due under section 6503(d) of title 31,
United States Code; and
(3) the State may use funds available to the State under
such Federal program to reimburse such State, together with
interest thereon due under section 6503(d) of title 31,
United States Code.
(b) For purposes of this subsection, the term ``State''
shall have the meaning as such term is defined under the
applicable Federal program under subsection (a).
(c) The authority under this section applies with respect
to any period in fiscal year 1996 (not limited to periods
beginning or ending after the date of the enactment of this
Act) during which there occurs a lapse in appropriations with
respect to any department or agency of the Federal Government
which, but for such lapse in appropriations, would have paid,
or made reimbursement relating to, any of the expenses
referred to in subsection (a) with respect to the program
involved. Payments and reimbursements under this authority
shall be made only to the extent and in amounts provided in
advance in appropriations Acts.

House Concurrent Resolution 131

Mr. DOLE. I ask unanimous consent that the Senate now turn to House
Concurrent Resolution 131, directing the House to enroll and send to
the President House Joint Resolution 134, after he has submitted a
certified balanced budget using CBO numbers; that the concurrent
resolution be immediately agreed to and the motion to reconsider be
laid upon the table, all without any intervening action or debate.

House Joint Resolution 134

And I further ask unanimous consent that once the Senate receives the
message from the House on House Joint Resolution 134, the House-
initiated continuing resolution, conditioned on the President
submitting a balanced budget, the Senate be deemed to have concurred in
the House amendment and the motion to reconsider be laid upon the
table, all without any intervening action or debate.

H.R. 1358

And finally, I ask unanimous consent that if the Senate receives the
message from the House on H.R. 1358, containing additional programs not
identified in H.R. 1643, the Senate be deemed to have concurred in the
House amendment, and the motion to reconsider be laid on the table, all
without any intervening action or debate, on the condition that the
House amendment is identical to the text I now send to the desk. And I
ask unanimous consent that it be printed in the Record.
There being no objection, the text was ordered to be printed in the
Record, as follows:

Title I

At the end of the amendment add the following:
That the following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for the fiscal year
1996, and for other purposes, namely:
Sec. 101. (a) Such amounts as may be necessary under the
authority and conditions provided in the applicable
appropriations Act for the fiscal year 1995 for continuing
the following projects or activities including the costs of
direct loans and loan guarantees (not otherwise specifically
provided for in this Act) which were conducted in the fiscal
year 1995:
All allowances paid under section 5(b) of the Peace Corps
Act, 22 U.S.C. section 2504, notwithstanding section 10 of
Public Law 91-672, at a rate for operations, notwithstanding
any other provision of this Act, provided for in the
conference report and joint explanatory statement of the
Committee of Conference (House Report 104-295) on the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1996 (H.R. 1868), as passed by the House
of Representatives on October 31, 1995;
All activities, including administrative expenses,
necessary to process single-family mortgage loans and
refinancing for low-income and moderate-income families
funded under the Federal Housing Administration's ``FHA-
mutual mortgage insurance program account'' and ``FHA-general
and special risk program account'' in the Department of
Housing and Urban Development at a rate for operations,
notwithstanding any other provision of this Act, provided for
in the conference report and joint explanatory statement of
the Committee of Conference (House Report 104-384) on the
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1996 (H.R. 2099), as
passed by the House of Representatives on December 7, 1995;
All projects and activities directly related to the
security of United States diplomatic posts and facilities
abroad, notwithstanding section 15 of the State Department
Basic Authorities Act of 1956 at a rate for operations,
notwithstanding any other provision of this Act, provided for
in the conference report and joint explanatory statement of
the Committee of Conference (House Report 104-378) on the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1996 (H.R. 2076), as
passed by the House of Representatives on December 6, 1995;
Activities funded under the account heading ``Emergency
food and shelter program'' in the Federal Emergency
Management Agency: Provided, That, notwithstanding any other
provision of this Act, the amount made available by this Act
shall not exceed $46,000,000: Provided further, That not to
exceed three and one-half percentum of the amount made
available shall be for administrative costs;
All retirement pay and medical benefits for Public Health
Service Commissioned Officers as authorized by law, and for
payments under the Retired Serviceman's Family Protection
Plan and Survivor Benefit Plan and

[[Page S87]]
for medical care of dependents and retired personnel under the
Dependent's Medical Care Act (10 U.S.C. ch. 55) and for
payments pursuant to section 229(b) of the Social Security
Act (42 U.S.C. 429(b)); at a rate for operations,
notwithstanding any other provision of this Act, provided for
in the Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 1996
(H.R. 2127), as passed the House of Representatives on August
4, 1995;
All projects and activities of the Federal Bureau of
Investigation, Drug Enforcement Administration, Interagency
Crime and Drug Enforcement, Federal Prison System, U.S.
Attorneys, U.S. Marshals Service, Federal Prisoner Detention,
Fees and Expenses of Witnesses, Immigration and
Naturalization Service, and the Executive Office for
Immigration Review, necessary for the investigation and
prosecution of criminal and civil offenses; national
security; the apprehension, detention and removal of illegal
and criminal aliens; the incarceration, detention, and
movement of federal prisoners and detainees; and the
protection of the Federal judiciary at a rate for operations,
notwithstanding any other provision of this Act, provided for
in the conference report and joint explanatory statement of
the Committee of Conference (House Report 104-378) on the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1996 (H.R. 2076), as
passed by the House of Representatives on December 6, 1995;
All projects and activities of the Judiciary to the extent
and in the manner and at a rate for operations,
notwithstanding any other provision of this Act, provided for
in the conference report and joint explanatory statement of
the Committee of Conference (House Report 104-378) on the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1996 (H.R. 2076), as
passed by the House of Representatives on December 6, 1995;
All projects and activities necessary to provide for the
expenses of State surveys and certifications under the
account heading ``Program Management'' under the Health Care
Financing Administration in the Department of Health and
Human Services;
Trade adjustment assistance benefits and North American
Free Trade Act benefits funded under the account heading
``Federal Unemployment Benefits and Allowances'' under the
Employment and Training Administration in the Department of
Labor;
Payments to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds under the account
heading ``Payments to Health Care Trust Funds'' under the
Health Care Financing Administration in the Department of
Health and Human Services;
All projects and activities necessary to provide for the
expenses of Medicare contractors under title XVIII of the
Social Security Act under the account heading ``Program
Management'' under the Health Care Financing Administration
in the Department of Health and Human Services;
All projects and activities funded under the account
heading ``Grants to States for Medicaid'' under the Health
Care Financing Administration in the Department of Health and
Human Services;
All projects and activities of the National Institutes of
Health in the Department of Health and Human Services at a
rate for operations, notwithstanding any other provision of
this Act, provided for in the Department of Labor, Health and
Human Services, and Education, and Related Agencies
Appropriations Act, 1996, (H.R. 2127), as passed the House of
Representatives on August 4, 1995;
All projects and activities necessary to carry out the
Section 7(a) General Business Loan Guaranty program and the
Section 504 Certified Development Company program, as
authorized by law, under the Small Business Administration at
a rate for operations, notwithstanding any other provision of
this Act, provided for in the conference report and joint
explanatory statement of the Committee of Conference (House
Report 104-378) on the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, 1996, (H.R. 2076), as passed by the House of
Representatives on December 6, 1995;
All projects and activities funded under the account
heading ``Surety Bond Guarantees Revolving Fund'' under the
Small Business Administration at a rate for operations,
notwithstanding any other provision of this Act, provided for
in the conference report and joint explanatory statement of
the Committee of Conference (House Report 104-378) on the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1996, (H.R. 2076),
as passed by the House of Representatives on December 6,
1995;
All projects and activities necessary to accommodate
visitors and to provide for visitors services on the public
lands managed by the Bureau of Land Management at a rate for
operations, notwithstanding any other provision of this Act,
provided for in the conference report and joint explanatory
statement of the Committee of Conference (House Report 104-
402) on the Department of the Interior and Related Agencies
Appropriations Act, 1996, (H.R. 1977), as passed by the House
of Representatives on December 13, 1995;
All projects and activities funded under the account
heading ``Disease Control, Research, and Training'' under the
Centers for Disease Control and Prevention in the Department
of Health and Human Services at a rate for operations,
notwithstanding any other provision of this Act, not to
exceed an annual rate for new obligational authority of
$2,114,693,000;
All Self-Determination and Self-Governance projects and
activities of tribes or tribal organizations (as that term is
defined in Public Law 93-638) that are authorized by Public
Law 93-638 under the account heading ``Operation of Indian
Programs'' under the Bureau of Indian Affairs in the
Department of the Interior or under the account heading
``Indian Health Services'' under the Indian Health Service in
the Department of Health and Human Services at a rate for
operations, notwithstanding any other provision of this Act,
provided for in the conference report and joint explanatory
statement of the Committee of Conference (House Report 104-
402) on the Department of the Interior and Related Agencies
Appropriations Act, 1996, (H.R. 1977), as passed by the House
of Representatives on December 13, 1995;
All projects and activities necessary to provide for the
expenses of the Kendall Demonstration Elementary School and
the Model Secondary School for the Deaf under the account
heading ``Gallaudet University'' in the Department of
Education;
Payments for benefits and interest on advances, together
with expenses of operation and administration, under the
account hearing ``Black Lung Disability Trust Fund'' under
the Employment Standards Administration in the Department of
Labor; and
Payments for benefits, together with expenses of operation
and administration, under the account heading ``Special
Benefits for Disabled Coal Miners'' in the Social Security
Administration: Provided, That whenever the amount which
would be made available or the authority which would be
granted under an Act which included funding for fiscal year
1996 for the projects and activities listed in this section
is greater than that which would be available or granted
under current operations, the pertinent project or
activity shall be continued at a rate for operations not
exceeding the current rate.
(b) Whenever the amount which would be made available or
the authority which would be granted under the Act which
included funding for fiscal year 1996 for the projects and
activities listed in this section as passed by the House as
of the date of enactment of this Act, is different from that
which would be available or granted under such Act as passed
by the Senate as of the date of enactment of this Act, the
pertinent project or activity shall be continued at a rate
for operations not exceeding the current rate or the rate
permitted by the action of the House or the Senate, whichever
is lower, under the authority and conditions provided in the
applicable appropriations Act for the fiscal year 1995.
(c) Whenever an Act which included funding for fiscal year
1996 for the projects and activities listed in this section
has been passed by only the House or only the Senate as of
the date of enactment of this Act, the pertinent project or
activity shall be continued under the appropriation, fund, or
authority granted by the one House at a rate for operations
not exceeding the current rate or the rate permitted by the
action of the one House, whichever is lower, and under the
authority and conditions provided in the applicable
appropriations Act for the fiscal year 1995.
Sec. 102. Appropriations made by section 101 shall be
available to the extent and in the manner which would be
provided by the pertinent appropriations Act.
Sec. 103. No appropriation or funds made available or
authority granted pursuant to section 101 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were not available
during the fiscal year 1995.
Sec. 104. No provision which is included in the
appropriations Act enumerated in section 101 but which was
not included in the applicable appropriations Act for fiscal
year 1995 and which by its terms is applicable to more than
one appropriation, fund, or authority shall be applicable to
any appropriation, fund, or authority provided in this Act.
Sec. 105. Appropriations made and authority granted
pursuant to this title of this Act shall cover all
obligations or expenditures incurred for any program,
project, or activity during the period for which funds or
authority for such project or activity are available under
this Act.
Sec. 106. Unless otherwise provided for in this title of
this Act or in the applicable appropriations Act,
appropriations and funds made available and authority granted
pursuant to this title of this Act shall be available until
(a) enactment into law of an appropriation for any project or
activity provided for in this title of this Act, or (b) the
enactment into law of the applicable appropriations Act by
both Houses without any provision for such project or
activity, or (c) September 30, 1996, whichever first occurs.
Sec. 107. Expenditures made pursuant to this title of this
Act shall be charged to the applicable appropriation, fund,
or authorization whenever a bill in which such applicable
appropriation, fund, or authorization is contained is enacted
into law.
Sec. 108. No provision in the appropriations Act for the
fiscal year 1996 referred to in section 101 of this Act that
makes the availability of any appropriation provided therein
dependent upon the enactment of additional authorizing or
other legislation shall be effective before the date set
forth in section 106(c) of this Act.
Sec. 109. Appropriations and funds made available by or
authority granted pursuant

[[Page S88]]
to this title of this Act may be used without regard to the time
limitations for submission and approval of apportionments set
forth in section 1513 of title 31, United States Code, but
nothing herein shall be construed to waive any other
provision of law governing the apportionment of funds.
Sec. 110. For the purposes of this title of this Act, the
time covered by this title of this Act shall be considered to
have begun on December 16, 1995.

TITLE II

SEC. 201. YAVAPAI-PRESCOTT INDIAN TRIBE WATER RIGHTS
SETTLEMENT ACT OF 1994.

(a) Extension.--Section 112(b) of the Yavapai-Prescott
Indian Tribe Water Rights Settlement Act of 1994 (108 Stat.
4532) is amended by striking ``December 31, 1995'' and
inserting ``June 30, 1996''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as of December 31, 1995, and with the
consent of Prescott, Arizona, the contract referred to in
such section 112(b) is revived.

SEC. 202. SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT ACT
OF 1992.

(a) Extension.--Section 3711(b)(1) of the San Carlos Apache
Tribe Water Rights Settlement Act of 1992 (title XXXVIII of
Public Law 102-575) is amended by striking ``December 31,
1995'' and inserting ``December 31, 1996''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
take effect as of December 31, 1995.
(2) Lapsed provisions of law and contracts.--The provisions
of subsections (c) and (d) of section 3704, subsections (a)
and (b) of section 3705, section 3706, subsections (a)(2),
(c), (d), and (f) of section 3707, subsections (b) and (c) of
section 3708, and subsections (a), (b), (c), (d), (e), (g),
(h), (j), and (l) of section 3710 of such Act, together with
each contract entered into pursuant to any such section or
subsection (with the consent of the non-Federal parties
thereto), shall be effective on and after the date of
enactment of this Act, subject to the December 31, 1966,
deadline specified in such section 3711(b)(1), as amended by
subsection (a) of this section.
The PRESIDING OFFICER. Is there objection to the request by the
majority leader?

Senate Concurrent Resolution 38

Mr. DASCHLE. Reserving the right to object, I have a fourth
resolution I ask to be considered as part of this series, en bloc. I
will simply read the resolution.

The President and the Congress shall enact legislation in
the 2nd session of the 104th Congress to achieve a balanced
budget not later than fiscal year 2002 as estimated by the
Congressional Budget Office, and the President and the
Congress agree that the balanced budget must protect future
generations, ensure Medicare solvency, reform welfare, and
provide adequate funding for Medicaid, education,
agriculture, national defense, veterans, and the environment.
Further, the balanced budget shall adopt tax policies to help
working families and stimulate future economic growth.
The balanced budget agreement shall be estimated by the
Congressional Budget Office based on its most recent current
economic and technical assumptions, following a thorough
consultation and review with the Office of Management and
Budget, and other government and private experts.

Mr. DOLE addressed the Chair.
The PRESIDING OFFICER. The majority leader is recognized.
Mr. DOLE. Let me indicate we hotlined this on this side. As far as I
know nobody has indicated any objection. I wanted to be sure we did
that because after the action we took last week I know the Senator from
Texas, Senator Gramm, said he would have objected had he been here. I
understand the Senator from Oklahoma, Senator Inhofe, and the Senator
from Georgia, Senator Coverdell, made the same indication. I am not
certain about the Senator from Mississippi, Senator Lott.
But everybody has been notified. If they want to make any objection
now, wherever you are, now is the time to be heard.
The PRESIDING OFFICER. Is there objection to the unanimous-consent
request by the majority leader?
Mr. FORD. Mr. President, reserving the right to object, I need some
explanation because of the resolution. Am I correct in my understanding
that the so-called clean CR that has the proviso that says that when
the President sends or submits a balanced budget in 7 years with CBO
figures and is certified by the Speaker, then the clean CR would be
released, that that legislation stays here and does not go to the White
House until such time as the President submits that budget?
Mr. DOLE. The Senator is correct.
Mr. FORD. So therefore that piece of your unanimous-consent agreement
will not go to the President, but it will stay here?
Mr. DOLE. Yes.
Mr. FORD. I thank the leader. I will not object.
Mr. BOND. Mr. President, I rise in strong support of this
latest version of a continuing resolution, and I commend the Majority
Leader for his diligence in trying to bring an end to the budget
impasse.
It's long past time to send government workers back to work, and
ensure they receive full pay on time. We can wait no longer for the
President to make good on his promise to submit a 7-year balanced
budget. It's clear he never intended to honor this commitment. But we
simply cannot hold our Nation's elderly, who depend on Meals on Wheels;
our veterans, who depend on their monthly benefit check; those who need
passports to travel; children, who depend on federal assistance; or
federal workers, to name a few, hostage to the President's refusal to
carry through on his commitment.
As chairman of the VA, HUD, and Independent Agencies Appropriations
Subcommittee, my patience with this administration has completely
expired. The White House has shown no willingness to negotiate in good
faith to resolve their concerns with the VA-HUD bill. While I have
expressed my willingness time and again to negotiate a compromise, the
White House does not seem to understand the art of compromise.
Last month, OMB prepared a list totaling $1.9 billion which at the
time represented the administration's list of what they wanted in
additional spending for the VA-HUD bill. Earlier this week, I saw a new
list which OMB had prepared, which had grown to almost $2.5 billion.
Mr. President, this doesn't represent a good faith attempt to resolve
the current budget crisis! The size of the list is going in the wrong
direction!!
Let me highlight just a few items on the administration's so-called
``wish list'' for the VA-HUD Subcommittee which would make the bill
``acceptable'' to the President.
The list contains several pork barrel projects, including $62 million
for the first phases of two brand new VA hospitals--at a time when the
veteran population is declining, VA's existing 173 hospitals are
underutilized, and GAO says these facilities are not needed.
The list includes $50 million for a new $280 million EPA laboratory,
a project we just cannot afford at this time.
The list includes $1 million for the obsolete Office of Consumer
Affairs, when we have 2 other consumer agencies which can take over
OCA's activities at far less expense. While the President has said he's
for streamlining and eliminating duplication, when the time comes to
actually do it, he refuses.
For EPA's environmental technology initiative, the White House says
we must put in another $62 million--despite the fact that this program
has been a complete waste of taxpayer dollars and there is nothing to
show for the millions we've already spent over the past 2 years.
For Boston Harbor, the White House says we need another $75 million,
in addition to the $25 million included in the VA-HUD bill and on top
of the $530 million already appropriated over the past several years
for this pork barrel project. I say to the President, enough is enough!
It's time to get real and begin good faith negotiations.
While my frustration with this administration is mounting even as I
speak, I do not believe it's right to allow the American people, who
depend on services provided by their Federal government, to be the
victims of the President's intransigence.
Therefore, I support passage of this continuing resolution, returning
workers to their jobs, and providing full year spending authority for
such critical activities as veterans benefits, Meals on Wheels, child
welfare programs, passport and visa services, and locally financed
operations of the District of Columbia.
As chairman of the VA-HUD subcommittee, I'm particularly pleased that
this continuing resolution will enable the Department of Veterans
Affairs to provide payments to needy and disabled veterans in a timely
manner. It will enable VA to pay its hospital workers--who have been
working without pay for the past 3 weeks--and pay those who supply
medicine, food, and

[[Page S89]]
other critical supplies to its hospitals. This is extremely important
and I strongly support the inclusion of this provision in the
continuing resolution.
Let me make clear that while I support this measure, it is in no way
a solution to the budget stalemate. There are many, many activities
which will not be carried out even if this legislation is enacted. For
example, while VA can begin processing new claims again, VA will not be
able to make payments to new beneficiaries. EPA Superfund cleanup
contractors will not get paid. FEMA's emergency food and shelter
program will not receive funds--meaning that hundreds of people who
find themselves in need of temporary housing assistance will not get
help. And States will not receive grants to run their environmental
protection programs or for the construction of wastewater treatment
plants.
Mr. President, this measure also will not address a major problem
with contractor provided services, particularly those provided by small
businesses which typically have limited financial resources with which
to weather-out delays in payments. This is a very large problem because
over the last decade the Federal Government has emphasized contracting
out of activities which could be more efficiently carried out by the
private sector. Many activities which formerly were conducted by
Federal employees have been converted over to the private sector. The
employees of these contractors have been furloughed just like the
Federal Government counterparts, but under the terms of this bill, they
won't be returning to work. And, even when they do return to work, it
won't be with the assurances of reimbursement that Federal employees
are being given for their lost pay.
As Chairman of the Small Business Committee, I am particularly
concerned over the adverse impact this budget impasse is having on cash
poor small business contractors. These businesses cannot draw readily
upon pre-existing lines of credit or cash reserves that large
corporations usually have available. So even where the Federal
Government has determined that a function carried out by a contractor
is critical or related to health and safety, the Government's inability
to make timely payments jeopardizes the very existence of these small
businesses.
While the VA-HUD bill Congress passed in December would have funded
every one of these activities, the President decided the bill was not
good enough and he vetoed it. He vetoed it because we could not breech
the budget constraints and appropriate another $2 billion. If he had
signed it, he could have sought supplemental funds in negotiations with
the Congress and all of the hardships his veto caused could have been
avoided.
But we are left with no choice but to enact this stop-gap measure. I
urge the President and his advisors and all those involved in
negotiations on the budget, to work in good faith to come to an
agreement as soon as possible.
In conclusion, I again commend the Majority Leader for his hard work
on this matter, and I urge its expeditious adoption.
The PRESIDING OFFICER. Is there objection to the unanimous-consent
request by the majority leader as amended by the minority leader?
Hearing none, without objection, it is so ordered.
So the motion to concur in the amendment of the House to H.R. 1643
was agreed to.
So the concurrent resolution (S. Con. Res. 131) was agreed to.
So the concurrent resolution (S. Con. Res. 38) was agreed to, as
follows:

S. Con. Res. 38

Resolved by the Senate (the House of Representatives
concurring), That the President and the Congress shall enact
legislation in the 2nd session of the 104th Congress to
achieve a balanced budget not later than fiscal year 2002 as
estimated by the Congressional Budget Office, and the
President and the Congress agree that the balanced budget
must protect future generations, ensure Medicare solvency,
reform welfare, and provide adequate funding for Medicaid,
education, agriculture, national defense, veterans, and the
environment. Further, the balanced budget shall adopt tax
policies to help working families and stimulate future
economic growth.
The balanced budget agreement shall be estimated by the
Congressional Budget Office based on its most recent current
economic and technical assumptions, following a thorough
consultation and review with the Office of Management and
Budget, and other government and private experts.

Mr. DOLE. That takes care of the Senator's request?
Mr. DASCHLE. Yes.
Mr. DOLE. I think the Senator from Alaska wants to comment, too. I
think the Senator from Oregon, Senator Hatfield, the chairman of the
Appropriations Committee, has some concern about this process. In fact,
I think the Senator from Alaska talked to the Senator from Oregon. But
let us proceed. We need to work on some of these things.
Has anybody determined, once they look through the list--NIH will be
approved for an entire year, in fact, a number for an entire year, some
March 15. That takes those provisions out of other bills that may be
pending or may have been vetoed. I think it does present some
difficulty for the appropriators, particularly those who might be
conferees when they try to salvage the rest of those proposals and get
them passed. I will be happy to yield to the Senator from Alaska for
further comments. I know he talked to Senator Hatfield.
Mr. STEVENS addressed the Chair.
The PRESIDING OFFICER. The Senator from Alaska.
Mr. STEVENS. Mr. President, I thank the Chair.
It is my understanding that this bill is now for the full year for
all of the subjects mentioned.
Mr. DOLE. In the second, yes.
Mr. STEVENS. The difficulty is--I have not spoken directly with the
Senator from Oregon, but he has sent to me his concerns as chairman of
the Appropriations Committee that what this does is it pulls out of
some bills, as the leader said, provisions that may disturb really the
synergy of the whole bills when we come back and try to get them
finally adopted and sent to the President.
So he does really express great reservation to the procedure that is
being used. So he wants me to indicate that the Appropriations
Committee on this side will not pursue this procedure again.
Mr. DOLE. I do not disagree, obviously, with the Senator from Alaska
or the Senator from Oregon. I think in the event we should reach an
agreement with the President on a balanced budget we can take care of
all the appropriations bills that are still around here, but otherwise
it is going to present a real problem. But I would just say the House
insisted that they be for 1 year or they not be included at all. So you
had to make a judgment because some of these are very sensitive
programs, very important programs.

So we yielded to the wishes of the House appropriators in this case.
But I understand the Senator's concern.
Mr. STEVENS. Mr. President, just one comment further. It is my
understanding that the figure is the House figure on those disputed
items which are in conference with the Senate. That is the Senator from
Oregon's real objection to this procedure.
Mr. DOLE. Some are the House figures and some are the conference
figures. But the Labor-HHS, since that has not been completed that is
the House figure in Labor-HHS.
Mr. STEVENS. Right.
Mr. DOLE. Let me thank all my colleagues. The House is still debating
what we have completed. But we are going to--in case there should be
any amendment, the Democratic leader and I agreed we would be here
tomorrow so we could concur on any additional amendment, if we agree on
it, concur in that amendment, because we want to be certain on Monday
the money is available for whatever may be in that text that I sent up.
I do not think there will be any amendments adopted on the House
side, but if so that will be taken care of tomorrow. And we will
condition coming in tomorrow on whether or not there are any amendments
added. If there are no amendments added, we will not be in session
tomorrow, we will not be in session Sunday, we will come in about 2 or
3 o'clock on Monday, probably about 3 o'clock Monday.
I want to thank all my colleagues for their cooperation. In my view,
we have a resolution now of a very thorny problem and one that unfairly
punished a lot of good people, Federal employees in particular who were
being paid for not working, not because they do not want to work--they
were willing to

[[Page S90]]
work--but they could not go to work. And this will see that they are
paid.
In addition, we have provided money for a number of programs, as
pointed out in the two sort of targeted appropriations bills that we
passed this evening. Of course, the President now, if he decides to lay
down a balanced budget, scored by CBO, over a 7-year period, then
everything is going to be open until January 26.
I think by that time we will either have reached the budget agreement
or not. That gives us 3 weeks in which to do that. And I hope that if
we cannot come to some agreement that we are not going to go through
this process again with a Government shutdown or partial shutdown. I
know that the Speaker is working on some language that in the event
this should happen again that I think every Federal worker would be
deemed essential so they would still be coming to work, and some other
provisions they are working on on the House side so there would not be
a repeat of the 21- or 22-day shutdown, following the earlier 7-day
Government shutdown or partial shutdown.

So I want to thank the Democratic leader. And I want to thank my
colleague from Virginia who has been on the floor all week long, and
others who have an interest in this matter, as we all do. I think now
that we have completed action we can tell everyone to go back to work.
Mr. DASCHLE addressed the Chair.
The PRESIDING OFFICER. The Democratic leader.
Mr. DASCHLE. Mr. President, I share the satisfaction expressed by the
majority leader about the opportunity now to send Federal workers back
to work with pay, apparently now giving them also the authority and
funding to do at least some of the things that they are being paid for.
But I share the reservations expressed by the Senator from Alaska and
the Senator from Oregon. This is not the way to run a Government.
The majority leader had it right on January 2. On January 2 this body
passed a clean continuing resolution that did all that we should do.
Now we are picking and choosing. Now we are picking winners and losers.
Now we are still leaving unfunded a lot of very important programs
including Head Start, JOBS, cops on the beat, virtually all the
programs at the Commerce Department, NASA operations, the social
services block grants, Violence Against Women grants, entire divisions
of the Department of Justice--including the criminal, civil rights, and
environmental divisions, among others--all Environmental Protection
Agency contractor operations, low-income housing vouchers, and
vocational rehabilitation. Many more agencies and activities, very
important functions of Government, are still left without any funding,
still left without any standing as we enter this new session of
Congress in this new calendar year. American taxpayers have paid for
these services, yet they will not be receiving them.
So no one should be misled. We have not solved everything here. We
have solved only part of the problem. As I have said all day, we have
come to the agreement that something is better than nothing. And
nothing is what we would have had if nothing passed tonight. And so I
am somewhat encouraged that we made some progress in all of this,
although I wish we had done again tonight what we did on January 2--
pass a clean continuing resolution to reopen the entire government and
restore some normalcy to our governmental processes.
As for the 7-year budget issue, the reason we added the fourth
measure to this en bloc unanimous consent request agreement is that the
commitment to a 7-year balanced budget, Mr. President, was only half of
the agreement Democrats and Republicans both made last November.
The other half of the agreement was that we were going to protect
priorities. We all agreed we would negotiate toward a balanced budget
if we could agree to one within a 7-year period of time, scored by CBO
once finalized--after there was consultation with the Office of
Management and Budget. But what we also agreed to was that we would
protect those priorities that Democrats and some Republicans have
indicated are very important if we are going to achieve a balanced
budget: all the priorities I read earlier.
Those priorities include Medicare and making sure that people have
every confidence that in the Medicare Program they are going to be
protected. They include Medicaid and education and the environment.
They include agriculture and veterans affairs--priorities that we feel
every bit as strongly about as we feel the need to balance the budget
in 7 years. We are unwilling to use those pools of resources to pay for
tax cuts for those who do not need them.
So we felt the need to recommit ourselves and our colleagues to those
priorities that we all agreed to last November.
Mr. President, I know others want to speak. Let me just close by
reading a letter that I got from Amanda Munroe a couple of days ago.
Amanda Munroe is a sixth grader from Sturgis, SD. She wrote a letter
that is as poignant and as straight to the point as anything I have
read. It is probably appropriate tonight that it be read and shared
with my colleagues:

I am 12 years old and in the 6th grade at Sturgis Williams
Middle School. My mom and dad both work at Fort Meade
Veterans Medical Center. Many kids at Sturgis Williams Middle
School have parents that work at Fort Meade.
In school I learned that the Government is of the people,
for the people, and by the people. I thought the Government
was supposed to make choices that help the Nation. The
furlough does not only hurt Federal workers, it hurts the
children also. I thought the children were the future.
I think that the Democrats and the Republicans should each
give a little and pass the budget. It would make the future
of Federal workers and their children much brighter.
Thanks for being the grinch that stole our Christmas.

There are a lot of children and others out there who did not have a
very rosy Christmas as a result of an extraordinary experience they
have had to endure. Let us hope it is now over. Let us hope at long
last Federal workers can go back to work, pay their bills, run the
Government and do the things that we have asked them to do. We will all
be better for it. I yield the floor.
Mr. WARNER. Mr. President, I first want to express my great respect
and appreciation for the majority leader of the U.S. Senate. In the
200-plus years that this institution has been serving the public of
this great Nation, I doubt if there has been a chapter with parallel
and complexity and such seriousness as the one we witnessed here of
recent days.
The leadership exhibited by Senator Dole throughout has earned him an
indelible place in the history of this institution and in that category
so named as a profile in courage for what he has done.
I join with Senator Dole in his expression of appreciation to the
minority leader and his leadership, together with the minority whip and
his leadership. I have had the privilege here of being on the floor
throughout the week with the distinguished Senator from Kentucky, and
while we may have had differences of views, we have tried our very best
to maintain a bipartisan approach to the solution, and I think that was
achieved.
I also want to pay special recognition to Members of Congress from
the greater Metropolitan Washington area: Congressman Davis,
Congressman Gilchrest, Congressman Wolf, Congresswoman Morella. We have
been meeting regularly, together with Congressman Bateman, who
represents another section of the State of Virginia, to try and provide
the leadership of the Senate and the House with our best judgment as to
how this matter may be resolved.
I also wish to thank the Presiding Officer, the senior Senator from
Alaska, a known expert on the complexity of appropriation measures. We
counseled together throughout the evening on various aspects of the
legislative messages coming from the House, and, indeed, I think
through his wisdom, one or two problems were corrected at the last
minute. I wish to commend him for the service he has rendered the
Senate in that capacity this evening. Time is short and there was a
need to move forward on this.
I know there are other Senators anxious to speak. I shall yield the
floor. Again, my expression of appreciation to all the colleagues who
worked together as a team, together with a very competent staff of this
institution to make this possible and to put back to

[[Page S91]]
work these individuals who were caught in the crossfire, in a very
unfair manner, caught in a crossfire--not only those who are Government
employees, but indeed the ripple effect throughout our State and other
parts of the United States which involved either directly or indirectly
many members of the private sector.

I hope we have learned by this experience, Mr. President, we have
learned a lesson such as it will not be repeated again in the future. I
yield the floor.
Mr. HEFLIN. Mr. President, I join in the remarks of Senator Warner
relative to the majority leader and minority leader and the minority
whip, Senator Ford, and the person who has been serving somewhat of a
similar capacity, Senator Warner, on the floor, as well as other
leaders, including the chairman of the Budget Committee in the Senate.
I think the Senate, basically, has endeavored to act very reasonably
in approaching this issue pertaining to the shutdown of the Government,
getting the Federal employees back on the job. I think Senator Dole's
speech on ``enough is enough'' was a remarkable speech and a remarkably
courageous statement.
I think in the Senate we have shown that we can get together, be
reasonable, work out these matters. We have differences as to what a
balanced budget over 7 years should be comprised of, and a lot of
differences. Nevertheless, there is a spirit here of cooperation in
endeavoring to try to work together, to try to solve the problems that
confront the Nation at this particular time.
I was really concerned about the bills that were coming over from the
House relative to it, because in effect they were authorizing the
employees to go back to work but in effect restricting what they could
do by the use of funds. I sort of referred it to one of my friends as,
you are sending them back to work, but you are putting them in a thumb-
twiddling situation where they just have to sit around and twiddle
their thumbs and they cannot do anything because of the restrictions.
That still applies to a large number of the agencies and departments
that are not covered. I am delighted that there is this second targeted
appropriations continuing resolution and it takes care of a number of
very important agencies and departments in Government.
During the day when we first started out, this was omitted, and I
began to talk to a great number of people pertaining to a number that I
felt were essential, that they ought to be continued, such as the
National Institutes of Health. I talked to the Director of the National
Institutes of Health during the day. Of course, there were real
problems there that they would have on continuation of research, vital
research, and the grants. He told me they had something like over a 3-
month period, around 4,000 applications that they had to process.

There is also a very unusual program where people with rare diseases
come within the ambit of the National Institutes of Health and are able
to be treated, and they are given special treatment and special drugs.
It has saved the lives of numerous individuals, and this would have had
to be shut down.
The Center for Communicable Diseases and the Centers for Disease
Control were in a situation where Senator Nunn made a very telling
speech and very informative speech about yesterday. To me, it was
essential that we continue to operate at full force and with full
effectiveness the Centers for Disease Control. Monitoring flu, you
never know exactly what is going to happen. There are diseases that
occur and epidemics that could take place. This is extremely important.
To me, another very essential aspect was the conduct of the courts of
the land. Our judiciary needed to be protected. I did some
investigations and under the proposals that would have occurred until
this last second targeted appropriations bill has now been approved by
this body and will be brought up before the House later--and, of
course, if they pass it, it will be deemed to have been adopted by the
Senate under our resolution. There are an average of 4,500 individuals
charged with Federal felonies each month. If the criminal trials are
not held, public safety will be jeopardized, because under the Speedy
Trial Act, criminal trials must be held within 70 days from the date
the defendant is indicted or arrested, or charges are dismissed and the
defendants will be released back into the community.
As evidenced by the bombing at Oklahoma City, and in recent instances
in Chicago involving the murder of a court security officer, an
attempted mail bombing, the safety of judges and judicial employees is
also at great risk.
The lack of Federal funds to pay the contractors who operate the
screening equipment and assist the U.S. marshals in providing security
in Federal courthouses would result in undetected guns, explosives, and
other weapons getting into courtrooms. Judges, especially those in
high-risk areas, will not jeopardize the safety of court personnel,
jurors, witnesses, and the public by holding trial in the absence of
proper security. This could result in the possible dismissal of cases
and release of defendants back into the community.
And then jury trials: No funds would have been available to pay
jurors in civil and criminal trials. As a result, courts will be faced
with the choice of either delaying important trials or compelling
citizens to serve under the threat of imprisonment or fine without any
promise of timely pay. Trials would be canceled or delayed because 60
percent of the court reporting and half of all of the court
interpreting is performed by outside contractors. Court-appointed
private attorneys, who represent almost half of all criminal
defendants, would not be paid, jeopardizing the holding of criminal
trials for their clients. This would lead to possible dismissal of
cases and release of defendants back into the community.
Public safety throughout the country would be seriously impaired due
to a lack of Federal funds to pay for drug testing, drug and mental
health treatment, halfway house placement, home confinement monitoring,
community supervision by judicial employees of 114,000 convicted
criminals, the majority of whom have served sentences of incarceration,
and those charged with Federal crimes and so on. I could go on. Even in
the bankruptcy court there are matters that would have to be looked at,
and this would cause problems relative to this.
I am delighted to see that the Department of Justice crime programs--
the FBI, DEA, prisons, U.S. marshals, U.S. attorneys, U.S. Marshal
Service, organized crime, and drug enforcement--are taken care of in
regards to that. But there are other areas in the Department of Justice
that are not taken care of.
So, I think we still have to look at this, in this situation of where
people go back to work, but then, in effect, they are so restricted
they cannot carry out their duties, raises the question of how rational
and how wise such a measure is. Nevertheless, it is better than what we
have had.
Again, I thank the leadership of the Senate for their work relative
to this and in the reasonable approach they have used. Hopefully, some
of that reasonable approach has rubbed off on the House of
Representatives.
I yield the floor.
The PRESIDING OFFICER. The Senator from Washington is recognized.
Mr. GORTON. Mr. President, I believe late on a Friday evening, with
very few of the public listening or watching, the Congress of the
United States is about to accomplish an extraordinary feat. We have
passed, or are about to pass automatically, a series of resolutions
which will solve the immediate crisis before us, a crisis in the day-
to-day administration of many of the agencies of our Federal
Government. It is that crisis, of course, which has occupied the minds
and hearts and the time of many Members of Congress, of almost all of
our Federal employees, and of much of the administration over the
course of the last several weeks. And it is an accomplishment in
itself, given the controversial nature of the issues before us.
From the perspective, from the point of view of the long-range
interests of the people of the United States, however, that
accomplishment pales by comparison with the near commitment we now have
to a proposed balanced budget from the President of the United States,
a goal we have sought unanimously on this side of the aisle, a goal
sought by many on the other side of the aisle, for an extended period
of time, for at least all of calendar year 1995. It is a goal which
was, of course, not attained by the original budget the

[[Page S92]]
President of the United States submitted to Congress, by the revisions
last summer, or by any of the further revisions which have taken place
during the course of this debate during the fall and winter of 1995 and
in 1996.
Now, however, the full restoration of the administration of various
departments of the United States depends upon the submission by the
President of the United States of just such a balanced budget. These
proposals do not require any particular content in that balanced
budget, but they do require, and I believe will obtain, a set of
proposals from the President which can be compared at that point by
Members of Congress, by the news media, and by the people of the United
States, with the various proposals the Republicans have made, including
the Balanced Budget Act of 1995 recently vetoed by the President of the
United States.
Just why it has taken this extended period of time, why the President
has so resisted meeting us on common ground, a common ground from which
we all hope a valuable compromise can be reached, is difficult to
understand. Clearly Members of the Democratic Party can meet the
challenge of proposing a balanced budget using honest figures which
presumably meets each of the priorities on which they place so much
weight with respect to health care, the environment, education, and the
like. Conservative Democrats in the House produced such a budget many
weeks ago. The leadership of the Democratic Party here in the Senate
made such a proposal before the Christmas recess.

Now, much of the debate has revolved around the insistence of
Republicans on a balanced budget using figures provided by the
Congressional Budget Office. The overwhelming attention of the White
House and of many of its supporters has been toward a list, included in
the last balanced budget requirement, respecting adequate funding for
Medicare, Medicaid, education, the national defense, and a number of
other activities of the Federal Government.
But there is a very real distinction between those two parts of that
November resolution. The determination of whether or not a proposed
budget, whatever its specific content, is in fact balanced under the
projections of the Congressional Budget Office is a pure question of
fact. Either it is or it is not.
The Congressional Budget Office, basing its judgment on certain
assumptions, makes a series of mathematical calculations and tells us
whether, in its view, in the year 2002, the budget will be balanced.
The answer is yes or no. There is, given the nature of the requirement,
no valid difference of opinion as to whether or not a particular budget
is balanced. The Balanced Budget Act of 1995 included such a balance.
Later proposals by the Senator from New Mexico, the chairman of the
Budget Committee, are balanced in that fashion.
The so-called bipartisan proposal set forth by Senators Chafee and
Breaux and a number of others reaches such a balance. The Democratic
leadership proposal reaches that balance, as does conservative
Democrats' budget in the House of Representatives. Whether or not a
particular budget adequately funds Medicare, Medicaid, education, the
national defense, or does the right thing with respect to taxes, with
respect to working Americans, however, is a question of opinion. It is
the view of this Senator and the view of the Senator from New Mexico
that each of those goals was and is appropriately met by the Balanced
Budget Act of 1995.
Members on the other side of the aisle and the President do not
agree. Presumably, they feel that each of those goals is met by the
Democratic leadership budget proposal. They feel, evidently, that it
deals appropriately with the tax burden on middle-class working
Americans, even though that proposal increases taxes overall in order
to reach balance. I disagree with that proposition as they disagree
with my views on various spending programs. But these are matters of
opinion; these are matters which obviously are subject to compromise.
What we have gained at this point is the implicit agreement that the
President of the United States, now for the first time, will join the
conservative colleagues in his party in the House, his leadership in
the Senate, and make his proposal, presumably with specific policy
judgments with respect to each of these spending items--to the national
defense, to our tax structure --that will meet the objective
requirements of the Congressional Budget Office.
Only when we have these figures is there any real chance that we will
succeed in reaching a middle ground that will objectively lead to a
balanced budget by the year 2002 and subjectively, presumably in the
minds of those Members of Congress who vote for it in both parties and
the President who signs it, meet these other policy objectives as well.
So, Mr. President, I am not here to apologize and say that this is
the best job we could do. I find it at least slightly amusing that we
are accepting lock, stock, and barrel what the House of Representatives
has proposed with respect to the specific language in these various
resolutions. But, on the other hand, I think it is safe to say that we
probably would not have reached this conclusion this quickly had it not
been for the actions earlier this week and late last week by the
distinguished majority leader in saying that we had to get out of the
dilemma in which we found ourselves.
It does seem to me, however, that given the nature of the immediate
crisis we face, as well as our overall goals of balancing the budget,
that we have not done a slap-dash job, we have not done a second, or
third-best job. We have done the job right. We will have solved the
immediate crisis, and we will have made a gigantic step toward that
magnificent goal of balancing our budget; of ending the practice of
spending money today on things that we want and sending the bills to
our children and grandchildren; of giving them higher incomes, as now
is almost a common opinion of economists throughout the United States,
by lowering the burden of debt which they will be required to carry; by
making their futures brighter and making their futures brighter our own
as well.

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