Congressional Record, Volume 142 Issue 35 (Thursday, March 14, 1996)

[Congressional Record Volume 142, Number 35 (Thursday, March 14, 1996)]
[Senate]
[Pages S2067-S2077]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

BALANCED BUDGET DOWNPAYMENT ACT, II

The Senate continued with the consideration of the bill.
Mr. BOND. Mr. President, I ask unanimous consent that all pending
amendments be set aside.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.

Amendments Nos. 3521 and 3522 to Amendment No. 3466

Mr. BOND. Mr. President I send to the desk two amendments for Senator
McCain.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:

The Senator from Missouri [Mr. Bond], for Mr. McCain,
proposes amendments numbered 3521 and 3522 en bloc to
amendment No. 3466.

Mr. BOND. Mr. President, I ask unanimous consent that reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments are as follows:

amendment no. 3521

(Purpose: To require that disaster funds made available to certain
agencies be allocated in accordance with the established prioritization
processes of the agencies)

On page 756, between lines 10 and 11, insert the following:

SEC. 1103. ALLOCATION OF FUNDS.

Notwithstanding chapters 2, 4, and 6 of this title--
(1) funds made available under this title for economic
development assistance programs of the Economic Development
Administration shall be made available to the general fund of
the Administration to be allocated in accordance with the
established competitive prioritization process of the
Administration;
(2) funds made available under this title for construction
by the United States Fish and Wildlife Service shall be
allocated in accordance with the established prioritization
process of the Service; and
(3) funds made available under this title for community
development grants by the Department of Housing and Urban
Development shall be allocated in accordance with the
established prioritization process of the Department.
____

amendment no. 3522

(Purpose: To require the Secretary of Veterans Affairs to develop a
plan for the allocation of health care resources of the Department of
Veterans Affairs)

SEC. . PLAN FOR ALLOCATION OF HEALTH CARE RESOURCES BY
DEPARTMENT OF VETERANS AFFAIRS.

(A) Plan.--(1) The Secretary of Veterans Affairs shall
develop a plan for the allocation of health care resources
(including personnel and funds) of the Department of Veterans
Affairs among the health care facilities of the Department so
as to ensure that veterans having similar economic status,
eligibility priority and, or, similar medical conditions who
are eligible for medical care in such facilities have similar
access to such care in such facilities regardless of the
region of the United States in which such veterans reside.
(2) The Plan shall reflect, to the maximum extent possible,
the Veterans Integrated Service Network, as well as the
Resource Planning and Management System developed by the
Department of Veterans Affairs to account for forecasts in
expected workload and to ensure fairness to facilities that
provide cost-efficient health care, and shall include
procedures to identify reasons for variations in operating
costs among similar facilities and ways to improve the
allocation of resources so as to promote efficient use of
resources and provision of quality health care.
(3) The Secretary shall prepare the plan in consultation
with the Under Secretary of Health of the Department of
Veterans Affairs.
(b) Plan Elements.--The plan under subsection (a) shall set
forth--
(1) milestones for achieving the goal referred to in that
subsection; and
(2) a means of evaluating the success of the Secretary in
meeting the goals through the plan.
(c) Submittal to Congress.--The Secretary shall submit to
Congress the plan developed under subsection (a) not later
than 180 days after the date of the enactment of this Act.
(d) Plan Implementation.--The Secretary shall implement the
plan developed under subsection (a) within 60 days of
submitting such plan to Congress under subsection (b), unless
within such period the Secretary notifies the appropriate
Committees of Congress that such plan will not be implemented
along with an explanation of why such plan will not be
implemented.
Mr. BOND. Mr. President, I ask that those amendments be set aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BOND. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. BOND. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BOND. Mr. President, I ask unanimous consent that the pending
amendments be set aside.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 3501

Mr. BOND. Mr. President, I would like to move to an amendment that
has been cleared which I would like to call up on behalf of Senators
Cohen and Bumpers numbered 3501.
The PRESIDING OFFICER. That amendment has already been filed.
Mr. BOND. That amendment has already been filed. I understand that it
has been cleared on both sides. It is an amendment to permit recipients
of Legal Services Corporation grants to use funds derived from non-
Federal sources to testify at legislative hearings, or to respond to
requests for certain information.
As I understand it, this amendment is acceptable to both sides.
Therefore, it will not require a rollcall vote. I assume that we can
move to a voice vote to adopt this amendment.
Mr. CRAIG. Mr. President, I rise to express my serious concerns with
the Cohen-Bumpers amendment regarding the ability of Legal Services
Corporation grantees to testify on legislation or rulemaking before
Federal, State, or local government bodies. I will not block this
amendment at this time, but I think this is a topic worthy of greater
deliberation and one that should be revisited.
Earlier today, I offered an amendment, which was accepted on both
sides, that was prompted by the oft-reported tendency of LSC grantees
to exceed the bounds of the law, of its own rules, and of appropriate
behavior in pursuing agendas that are often political or ideological,
and not oriented toward providing legal services.
The Senate had a significant debate over LSC funding during our
original consideration of the Commerce-State-Justice appropriation bill
because of this very issue.
Even in rejecting the Appropriations Committee's recommendation to
replace the current LSC system with block grants to the States, the
Senate still voted, in adopting the Domenici amendment, to try to focus
the activities of LSC grantees on their mission to provide legal
representation to the needy in legal proceedings. That is the only LSC-
grantee activity that the Federal Government has any business funding,
directly or indirectly. Political and policymaking advocacy clearly
are--and ought to be--considered inappropriate.
In this area and others, the Senate has come down firmly against
Federal subsidies for lobbying and advocacy. Three times last year, the
Senate adopted different Simpson-Craig amendments along these lines
that related to Federal grants, in general. The one that became law, in
the Lobbying Disclosure Act of 1995, prevents any Federal grants,
awards, or loans from going to IRS 501(c)(4) organizations that engage
in lobbying activities.
The Senate has been building this record on indirect subsidies of
lobbying

[[Page S2068]]

and advocacy for two reasons: First, the public should not be forced to
subsidize political and policymaking advocacy on behalf of special
interests, and second, dollars are fungible.
Most LSC grantees take money from multiple sources. It all gets mixed
in one pot. The more you put in the pot from any source, the more you
subsidize every item in that grantee's agenda, including those that
Federal dollars should not support.
I supported the block grant approach to providing legal aid because
local control generally leads to better oversight. Even in the Domenici
amendment, which was a compromise, there were provisions designed to
address the concern that we lack adequate oversight and accountability
when it comes to how LSC grantees use their funds.
I understand the balance that the authors of this amendment believe
they are striking, and I am not unsympathetic. There are some matters
on which it would be appropriate for LSC grantees to offer testimony or
information, in a way that is directly relevant to their mission to
provide legal representation to the needy.
However, I think there is a risk here that this amendment may enable
what is essentially lobbying. I don't believe the Senate wants LSC
grantees to use Federal dollars to free up non-Federal funds to pay for
activities we don't want supported by Federal dollars. An indirect
subsidy is as real as a direct one.
This is an issue that deserves more lengthy and serious debate, and
this language deserves closer examination and possibly fine-tuning than
can be given in the final rush to finish a 780-page omnibus
appropriations bill. I look forward to that process.
The PRESIDING OFFICER. Is there further debate on the amendment? If
not, the question is on agreeing to the amendment of the Senator from
Maine.
The amendment (No. 3501) was agreed to.
Mr. BOND. Mr. President, I move to reconsider the vote by which the
amendment was agreed to.
Mr. WELLSTONE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 3520

Mr. WELLSTONE. Mr. President, I will take just a few minutes to
summarize the amendment that I just submitted which has been laid aside
for the moment.
This amendment deals with energy assistance. As I said to the Chair,
I think there is broad bipartisan support.
Mr. President, there are really two parts to the amendment. I mean
part of what we are talking about is really bolstering the Senate's
position about funding next year for energy assistance as we go into
conference. This is a commitment that there at least be $1 billion for
the whole Nation for energy assistance for people in our country.
The second part of the amendment deals with the emergency assistance
in the here and now. Mr. President, in my State of Minnesota last year
there were 110,000 households who received this. This is a lifeline
program for many elderly people, for many families with children, the
low- and moderate-income citizens, and quite frankly it has enabled
people not to be put in the position of ``heat or eat''.
In my State this year, fewer households have been served. I think
last year we received about $50 million. This year we received about
$35 million. What is going to happen if there is no additional
assistance as these bills accumulate? It is warm right now in
Washington, but we have had brutally cold weather, and we are going to
go back to more of that weather this month. The bills will accumulate,
and the real concern is that people will not be able to afford those
bills.
Mr. President, this is an amendment that, as I said, I believe will
have broad bipartisan support. I think it really is all about values
and our priorities.
I think what we are saying in this sense-of-the-Senate amendment is
that in the United States of America people should not go cold. Surely
in our country, we can extend a hand and help people who need that
help. This is a program that has not required very much by way of
investment in resources. But it makes a huge, very concrete, and
important difference in the lives of many people. To the cold weather
States, like my State of Minnesota, this is a program that is hugely
important.
So, Mr. President, I propose the sense-of-the-Senate amendment
because this is an issue that is staring people in the face. It is
extremely important that people do not go without heat. Therefore, I
think it is extremely important that this amendment be agreed to.
I can talk more about the amendment later on. Other colleagues are
here on the floor. As I said, I hope there will be good bipartisan
support for this.
I yield the floor.
Mr. WARNER addressed the Chair.
The PRESIDING OFFICER. The Senator from Virginia.
Mr. WARNER. Mr. President, parliamentary inquiry. My understanding is
that it is in order now to send to the desk amendments provided that
you have a prior consultation with the managers of the bill and get
what is known as a ``slot'' to speak.
The PRESIDING OFFICER. The Senator should ask unanimous consent that
the pending amendment be laid aside. When that is granted, an amendment
is in order if the Senator's name is on the list.
Mr. WARNER. Mr. President, I ask unanimous consent that the pending
amendments be laid aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WARNER. Parliamentary inquiry. Is it not correct that the name of
the Senator from Virginia is on the list?
The PRESIDING OFFICER. The Senator is authorized to offer a relevant
amendment.

Amendment No. 3523 to Amendment No. 3466

(Purpose: To prohibit the District of Columbia from enforcing any rule
or ordinance that would terminate taxicab service reciprocity
agreements with the States of Virginia and Maryland)

Mr. WARNER. Mr. President, I offer an amendment which I send to the
desk at this time.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:

The Senator from Virginia [Mr. Warner] proposes an
amendment numbered 3523 to amendment No. 3466:

At the end of title I of section 101(b), add the following:
Sec. 156. None of the funds provided in this Act may be
used directly or indirectly to implement or enforce any rule
or ordinance of the District of Columbia Taxicab Commission
that would terminate taxicab service reciprocity agreements
with the States of Virginia and Maryland.

Mr. WARNER. I thank the Chair.
Mr. President, this is not going to be regarded as an earth-shaking
amendment, but it is one that is very important in my judgment to every
one of us in the Senate and, indeed, in the House of Representatives.
We have every day constituents who come to visit us from our States,
from many places, and they have to rely upon the indigenous
transportation. Part of that transportation is taxicabs operated under
the jurisdiction of the District of Columbia, the jurisdiction of the
sovereign State of Maryland, and the jurisdiction of the sovereign
State of Virginia. For some 50 years, there has been a general format
of understanding between these three jurisdictions as to how the taxis
will allocate the various customers, business and the like.
Out of the blue, the D.C. Taxi Commission, without any notification,
to my knowledge, of either the appropriate authorities in Maryland and
Virginia, said that henceforth they are going to start a certain policy
which would be at considerable variance with what had been in place for
some 50 years and what is now operating.
Speaking for myself, I have lived in the greater metropolitan area
for many years. I have been concerned about the quality of the taxi
service, the ability of the drivers to understand even the simple basic
things--language, locations. I am concerned about the overall public
safety as that is associated with those cabs, primarily those cabs that
are licensed in the District of Columbia.
But, anyway, the purpose of this amendment is to not permit any of
the funds appropriated for the District of Columbia to be used for the
purpose of trying to implement such agreements as the D.C. Taxi
Commission acting unilaterally wishes to put in effect.
In my judgment, the proper way is to go to the Council of
Governments, referred to as COG, and COG has many

[[Page S2069]]

times taken into consideration the needs and requirements of the
District of Columbia, the Commonwealth of Virginia, and the great State
of Maryland, and resolved them. That is what should be done in this
case. So I think it is a matter, while not of earth-shaking
proportions, that should be considered by the Congress in terms of
saying to the District: Wait a minute. You are not to implement any
agreement which will impact on our constituents coming from many places
to visit the Nation's Capital. Let the Council of Governments arbitrate
a fair allocation between the States of Virginia and Maryland and the
District of Columbia and work out an appropriate agreement.
So, Mr. President, I will soon consult with the managers. Perhaps
they can accept this amendment at this time. Otherwise, I will ask that
it be laid aside.
Mr. President, to accommodate the managers and the leadership, I will
ask unanimous consent that my amendment be laid aside temporarily.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LOTT addressed the Chair.
The PRESIDING OFFICER. The Senator from Mississippi.
Mr. LOTT. After consultation with the Democratic leader and lots of
other people, I ask unanimous consent that all remaining first-degree
amendments in order to H.R. 3019 under the previous consent agreement
must be offered by 8 p.m. this evening, with the exception of the
managers' package, two amendments by the majority leader, two
amendments by the Democratic leader, one for the Democratic manager,
and one for the minority manager, and it be in order for the mover of
the amendment to withdraw his or her amendment.
Mr. WARNER. Mr. President, reserving the right to object, and I
certainly do not wish to object, I am also here to protect the
interests of the Armed Services Committee and the desires of the
chairman of that committee, Senator Thurmond, to put in sequence here
an amendment on behalf of himself and other members of the committee.
Could I inquire of the manager if Senator Thurmond could be given an
appropriate slot, or whatever terminology the distinguished leader
wishes to use, to put that amendment in?
Mr. LOTT. If I might respond, Mr. President, certainly that would be
in order if the amendment is offered by the designated hour. No time
has been set yet as to the order that they will be brought up. We are
just trying now to ascertain exactly what amendments we have, and when
the manager, the distinguished chairman, returns there will be an order
set up then. I am sure this will be put in the sequence.
Mr. WARNER. As I understand, the distinguished majority whip assures
the Senator, speaking on behalf of Senator Thurmond----
Mr. LOTT. I do give that assurance to the distinguished Senator from
Virginia.
The PRESIDING OFFICER. Is there objection to the unanimous-consent
request?
Mr. WELLSTONE. Mr. President, reserving the right to object, I wanted
to ask the Senator, does this mean that it is--in terms of this
agreement, I gather that the leaders can offer amendments for Senators
if they were not here before 8 if those amendments had been on the list
as part of the original agreement?

Mr. LOTT. That is my understanding, Mr. President.
Mr. WELLSTONE. Is that the Senator's understanding?
Mr. LOTT. Yes, it is.
The PRESIDING OFFICER. Is there objection?
Mr. WARNER. Reserving the right to object further, Mr. President, I
wonder if the distinguished leader would consider this unanimous
consent request, and I state it at this time.
Mr. President, I ask unanimous consent that the amendment that I will
soon send to the desk on behalf of Senator Thurmond be filed under
Senator Thurmond's name in lieu of one of the relevant amendments
reserved by the Senator from Arizona, Mr. McCain. Would there be any
objection to that?
The PRESIDING OFFICER. Without objection, it is so ordered.
Is there objection to the unanimous consent request of the Senator
from Mississippi?
Mr. MURKOWSKI addressed the Chair.
The PRESIDING OFFICER. Does the Senator from Alaska object?
Mr. MURKOWSKI. The Senator seeks recognition.
The PRESIDING OFFICER. The question before the body is the unanimous
consent request of the Senator from Mississippi.
Is there objection? Without objection, it is so ordered.
The Senator from Mississippi.
Mr. LOTT. Mr. President, in light of this new agreement, for the
information of all Senators, there will be no votes between now and
8:30 p.m., and any votes ordered between now and 8:30 will be stacked
to occur at 8:30 p.m. this evening on a case-by-case basis. With that,
I yield the floor.

Amendment No. 3524 to Amendment No. 3466

(Purpose: To reconcile seafood inspection requirements for agricultural
commodity programs with those in use for general public consumers)

The PRESIDING OFFICER. The Senator from Alaska.
Mr. MURKOWSKI. I thank the Chair.
Mr. President, if it is in order, I will send an amendment to the
desk and ask for its immediate consideration.
The PRESIDING OFFICER. Without objection, the pending amendment is
set aside.
The clerk will report the amendment of the Senator from Alaska.
Mr. MURKOWSKI. I thank the Chair.
The bill clerk read as follows:

The Senator from Alaska [Mr. Murkowski], for himself and
Mr. Stevens, proposes an amendment numbered 3524 to Amendment
No. 3466.

Mr. MURKOWSKI. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

On page , beginning with line , insert the following:

SEC. . SEAFOOD SAFETY.

(a) Notwithstanding any other provision of law, any
domestic fish or fish product produced in compliance with the
``Procedures for the Safe and Sanitary Processing and
Importing of Fish and Fish Products'' (published by the Food
and Drug Administration as a final regulation in the Federal
Register of December 18, 1995) or produced in compliance with
food safety standards or procedures accepted by the Food and
Drug Administration as satisfying the requirements of such
regulations, shall be deemed to have met any inspection
requirements of the Department of Agriculture or other
Federal agency for any Federal commodity purchase program,
including the program authorized under section 32 of the Act
of August 24, 1935 (7 U.S.C. 612c).

Mr. MURKOWSKI. Mr. President, this amendment would simply end
featherbedding in the Department of Agriculture relative to the process
of seafood inspection as we know it today. I am especially concerned
about the current regime for the canned salmon industry in the United
States.
As the Chair is well aware, a significant portion of that industry is
based in my State of Alaska, and a good portion of that industry is
controlled, through the State of Washington. As a consequence of the
development of the industry over the years, there is an inspection
program operated by the State of Alaska which meets all the criteria of
the Federal Food and Drug Administration. This assures the consistent
quality and wholesomeness of the salmon canned in Alaska. However, the
USDA and only the USDA requires yet another, completely redundant layer
of inspection, the cost of which is charged back to the canner.
That means we have a situation where salmon going into the
marketplace, going into the Safeway, going into Giant, going on the
shelves of the grocers throughout the United States--is subject to an
inspection that has been traditional in the industry involving both
State and Federal oversight.
However, for reasons unknown to the Senator from Alaska, the
Department of Agriculture believes that what is good enough for the
American salmon consumer is not good enough for the Federal programs
that purchase this salmon with taxpayer dollars. So, the USDA demand
that the salmon it purchases, available for our programs for the
homeless and others, be inspected by an additional USDA inspector who
must actually stand in the cannery at all times. This procedure is only
required for salmon that goes into the USDA program.
This is an additional cost to the Federal Government, and additional
cost to the canner; additional cost, ultimately, to the consumer. It is
really

[[Page S2070]]

featherbedding. The USDA wants to keep Federal inspectors employed,
even though they are not responsible for the safety of the salmon, and
even though the commercial product sold in every grocery in the Nation
is not subject to this continuous inspection.
This particular amendment simply would alleviate this burden and no
longer make necessary this inspection by the USDA.
I might add, the inspection process as required by USDA often
requires far more than just putting one inspector in each cannery. The
canneries work well beyond an 8 to 5 day. They work when the fish are
in, which requires in many cases a continuous 24-hour a day operation
to ensure the quality of the pack.
USDA's insistence is outdated. It has roots that are unfathomable.
But the main issue is not its cause but its effect. The programs that
protect the average consumer are necessary. They are appropriate. I
support them. But it is not necessary nor is it appropriate for the
Department of Agriculture to add an additional bureaucratic layer
beyond the ones in place for you and me.
As a consequence, Mr. President, I ask my colleagues, at the
appropriate time, to consider adopting this amendment. I have discussed
it with some of the floor managers. I do not know whether the Senator
from Virginia has any interest in the subject or not.
Mr. President, I will further offer an additional amendment which I
will send to the desk. I ask the pending amendment be set aside.
The PRESIDING OFFICER (Mr. Jeffords). Without objection, it is so
ordered.

Amendment No. 3525 to amendment No. 3466

(Purpose: To provide for the approval of an exchange of lands within
Admiralty Island National Monument)

Mr. MURKOWSKI. Mr. President, I send an amendment to the desk and ask
for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:

The Senator from Alaska [Mr. Murkowski] proposes an
amendment numbered 3525 to amendment No. 3466.

Mr. MURKOWSKI. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
Section 1.
(a) Short Title.--This section may be cited as the ``Greens
Creek Land Exchange Act of 1996.''
(b) Findings.
The Congress makes the following findings:
(1) The Alaska National Interest Lands Conservation Act
established the Admiralty Island National Monument and
sections 503 and 504 of that Act provided special provisions
under which the Greens Creek Claims would be developed. The
provisions supplemented the general mining laws under which
these claims were staked.
(2) The Kennecott Greens Creek Mining Company, Inc.,
currently holds title to the Greens Creek Claims, and the
area surrounding these claims has further mineral potential
which is yet unexplored.
(3) Negotiations between the United States Forest Service
and the Kennecott Greens Creek Mining Company, Inc., have
resulted in an agreement by which the area surrounding the
Greens Creek Claims could be explored and developed under
terms and conditions consistent with the protection of the
values of the Admiralty Island National Monument.
(4) The full effectuation of the Agreement, by its terms,
requires the approval and ratification by Congress.
(c) Definitions.
As used in this section--
(1) the term ``Agreement'' means the document entitled the
``Greens Creek Land Exchange Agreement'' executed on December
14, 1994, by the Under Secretary of Agriculture for Natural
Resources and Environment on behalf of the United States and
the Kennecott Greens Creek Mining Company and Kennecott
Corporation;
(2) the term ``ANILCA'' means the Alaska National Interest
Lands Conservation Act, Public Law 96-487 (94 Stat. 2371);
(3) the term ``conservation system unit'' has the same
meaning as defined in section 102(4) of ANILCA;
(4) the term ``Greens Creek Claims'' means those patented
mining claims of Kennecott Greens Creek Mining Company within
the Monument recognized pursuant to section 504 of ANILCA;
(5) the term ``KGCMC'' means the Kennecott Greens Creek
Mining Company, Inc., a Delaware corporation;
(6) the term ``Monument'' means the Admiralty Island
National Monument in the State of Alaska established by
section 503 of ANILCA;
(7) the term ``Royalty'' means Net Island Receipts Royalty
as that latter term is defined in Exhibit C to the Agreement;
and
(8) the term ``Secretary'' means the Secretary of
Agriculture.
(d) Ratification of the Agreement. The Agreement is hereby
ratified and confirmed as to the duties and obligations of
the United States and its agencies, and KGCMC and Kennecott
Corporation, as a matter of Federal law. The agreement may be
modified or amended, without further action by the Congress,
upon written agreement of all parties thereto and with
notification in writing being made to the appropriate
committees of the Congress.
(e) Implementation of the Agreement.
(1) Land acquisition.--Without diminishment of any other
land acquisition authority of the Secretary in Alaska and in
furtherance of the purposes of the Agreement, the Secretary
is authorized to acquire lands and interests in land within
conservation system units in the Tongass National Forest, and
any land or interest in land so acquired shall be
administered by the Secretary as part of the National
Forest System and any conservation system unit in which it
is located. Priority shall be given to acquisition of non-
Federal lands within the Monument.
(2) Acquisition funding.--There is hereby established in
the Treasury of the United States an account entitled the
``Greens Creek Land Exchange Account'' into which shall be
deposited the first $5,000,000 in royalties received by the
United States under part 6 of the Agreement after the
distribution of the amounts pursuant to paragraph (3) of this
subsection. Such moneys in the special account in the
Treasury may, to the extent provided in appropriations Acts,
be used for land acquisition pursuant to paragraph (1) of
this subsection.
(3) Twenty-five percent fund.--All royalties paid to the
United States under the Agreement shall be subject to the 25
percent distribution provisions of the Act of May 23, 1908,
as amended (16 U.S.C. 500) relating to payments for roads and
schools.
(4) Mineral development.--Notwithstanding any provision of
ANILCA to the contrary the lands and interests in lands being
conveyed to KGCMC pursuant to the Agreement shall be
available for mining and related activities subject to and in
accordance with the terms of the Agreement and conveyances
made thereunder.
(5) Administration.--The Secretary of Agriculture is
authorized to implement and administer the rights and
obligations of the Federal Government under the Agreement,
including monitoring the Government's interests relating to
extralateral rights, collecting royalties, and conducting
audits. The Secretary may enter into cooperative arrangements
with other Federal agencies for the performance of any
Federal rights or obligations under the Agreement or this
Act.
(6) Reversions.--Before reversion to the United States of
KGCMC properties located on Admiralty Island, KGCMC shall
reclaim the surface disturbed in accordance with an approved
plan of operations and applicable laws and regulations. Upon
reversion to the United States of KGCMC properties located on
Admiralty, those properties located within the Monument shall
become part of the Monument and those properties lying
outside the Monument shall be managed as part of the Tongass
National Forest.
(7) Savings provisions.--Implementation of the Agreement in
accordance with this section shall not be deemed a major
Federal action significantly affecting the quality of the
human environment, nor shall implementation require further
consideration pursuant to the National Historic Preservation
Act, title VIII of ANILCA, or any other law.
(f) Rescission Rights.
Within 60 days of the enactment of this section, KGCMC and
Kennecott Corporation shall have a right to rescind all
rights under the Agreement and this section. Rescission shall
be effected by a duly authorized resolution of the Board of
Directors of either KGCMC or Kennecott Corporation and
delivered to the Chief of the Forest Service at the Chief's
principal office in Washington, District of Columbia. In the
event of a rescission, the status quo ante provisions of the
Agreement shall apply.

Mr. MURKOWSKI. Mr. President, I ask the amendment be set aside for
future consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Virginia is recognized.
Mr. WARNER. Mr. President, moments ago I received a request to send
an amendment to the desk on behalf of the chairman of the Armed
Services Committee, the senior Senator from South Carolina [Mr.
Thurmond].

Amendment No. 3526 to Amendment No. 3466

(Purpose: To delay the exercise of authority to enter into multiyear
procurement contracts for C-17 aircraft)

Mr. WARNER. Mr. President, I send an amendment to the desk and ask
for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:

The Senator from Virginia [Mr. Warner], for Mr. Thurmond,
for himself, Mr. Nunn, Mr. Warner, Mr. Cohen, Mr. Lott, Mr.
Smith, Mr. Coats, Mr. Santorum, Mr. Inhofe, Mr. Exon, Mr.
Robb, Mr. Bryan, and Mr. Kempthorne, proposes an amendment
numbered 3526 to amendment No. 3466.

[[Page S2071]]

Mr. WARNER. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

On page 754, line 4, strike out the period at the end and
insert in lieu thereof ``: provided further, That the
authority under this section may not be used to enter into a
multiyear procurement contract until the day after the date
of the enactment of an Act (other than an appropriations Act)
containing a provision authorizing a multiyear procurement
contract for the C-117 aircraft.''.

Mr. WARNER. Mr. President, this amendment is cosponsored by Senators
Nunn, myself, Cohen, Lott, Smith, Coats, Santorum, Inhofe, Exon, Robb,
Bryan, and Kempthorne. We are contacting other Members, all of those
being members of the Senate Armed Services Committee. I am of the
opinion there will be other members of the committee that will seek to
become cosponsors. For that purpose, I ask unanimous consent now that
further Members may add their names.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WARNER. Mr. President, I would like to briefly address the
amendment.
Mr. President, I rise to introduce an amendment which would allow the
Senate Armed Services Committee an adequate opportunity to review the
proposed multiyear contract for the C-17 program. I would think that
all Members who have an interest in ensuring that taxpayer dollars are
spent wisely on defense programs would support this amendment.
This morning, at a hearing of the Senate Armed Services Committee, I
joined with my colleagues in telling the Secretary of the Air Force and
the Chief of Staff of the Air Force how concerned we are with the
approach which the administration has adopted concerning the C-17
program. Quite simply, a supplemental appropriations bill is not an
appropriate vehicle for granting the authorization to proceed with such
a large acquisition program. In my view, there is no justification for
bypassing the authorizing committee in a decision of this magnitude.
We are talking about a program to purchase 80 additional C-17
aircraft, over 7 years, at a cost of almost $22 billion. If we proceed
with the administration's proposal--as contained in the Senate bill--we
will be giving the Pentagon the authority to sign a contract which
commits this Nation to a major acquisition program with a $22 billion
price tag. We will be rubber-stamping a Defense Acquisition Board [DAB]
recommendation that an additional 80 C-17 aircraft is the proper
solution for our airlift requirements in the future, and that this
multiyear contract is the best way to achieve that goal. We must not be
rushed into such a decision. This program deserves careful and thorough
scrutiny by the Armed Services Committee.
By treating this program separately--by dealing with it outside of
the normal authorization process--we will not have the opportunity to
weigh this program against the other competing priorities in the
procurement accounts--across the services. The C-17 program, as
proposed, will eat up a substantial share of the procurement budget for
the next 7 years. We must understand the full impact of this decision--
for the entire defense budget--before committing ourselves to such a
program.
I remind my colleagues that this is a program which has been plagued
by problems in the past. The Armed Services Committee has stood by the
C-17 program in its lean years. It appears that our faith in this
program has been justified. The C-17 is performing well in Bosnia, and
it appears that the problems of the past have been corrected.
Our argument today is not with the aircraft--but with this unusual
expedited process that would effectively strip the Armed Services
Committee of its responsibilities to examine a proper authorization for
the 7-year multiyear contract for the C-17.
I urge my colleagues to support the pending amendment.

Amendment No. 3527 To Amendment No. 3466

Mr. WARNER. Mr. President, I send an amendment to the desk and ask
for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:

The Senator from Virginia [Mr. Warner] for Mr. Hatfield,
for himself and Mr. Dole, Mr. McConnell, and Mr. Leahy,
proposes an amendment numbered 3527 to amendment No. 3466.

Mr. WARNER. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
To the substitute on page 750, between lines 18 and 19, add
the following:

Unanticipated Needs

unanticipated needs for defense of israel against terrorism

For emergency expenses necessary to meet unanticipated
needs for the acquisition and provision of goods, services,
and/or grants for Israel necessary to support the eradication
of terrorism in and around Israel, $50,000,000: Provided,
That none of the funds appropriated in this paragraph shall
be available for obligation except through the regular
notification procedures of the Committees on Appropriations:
Provided further, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended:

Mr. WARNER. I ask unanimous consent that be laid aside.
Mr. COATS. Mr. President, I wonder if I could ask the Senator from
Virginia to just yield for a moment? I have an amendment I would like
to offer on behalf of Senator Dole. I need to beat the clock. May I
take 30 seconds to do that?
Mr. BURNS. If the Senator will yield, this Senator has three to offer
before 8 o'clock.
Mr. WARNER. Mr. President, I wish to accommodate my colleagues.
Let me just say in one further sentence, the purpose of the amendment
by Mr. Thurmond and myself is to go to the jurisdiction of our
committee over a very important contract, relating to C-17's.
I yield the floor.
The PRESIDING OFFICER. The Senator from Montana.
Mr. BURNS. Mr. President, I ask unanimous consent the pending
amendment be set aside.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 3528 To Amendment No. 3466

(Purpose: To allow the refurbishment and continued operation of a small
hydroelectric facility in central Montana by adjusting the amount of
charges to be paid to the United States under the Federal Power Act)

Mr. BURNS. Mr. President, I send an amendment to the desk and ask for
its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:

The Senator from Montana [Mr. Burns] proposes an amendment
numbered 3528 to amendment No. 3466.

Mr. BURNS. Mr. President, I ask unanimous consent that reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the appropriate place insert the following:

SEC. CONTINUED OPERATION OF AN EXISTING HYDROELECTRIC
FACILITY IN MONTANA.

(a) Notwithstanding section 10(e)(1) of the Federal Power
Act (16 U.S.C. 803(e)(1) or any other law requiring payment
to the United States of an annual or other charge for the
use, occupancy, and enjoyment of land by the holder of a
license issued by the Federal Energy Regulatory Commission
under part I of the Federal Power Act (16 U.S.C. 792 et seq.)
for project numbered 1473, provided that the current licensee
receives no payment or consideration for the transfer of the
license a political subdivision of the State of Montana that
accepts the license--
(1) shall not be required to pay such charges during the 5-
year period following the date of acceptance; and
(2) after that 5-year period, and for so long as the
political subdivision holds the license, shall not be
required to pay such charges that exceed 100 percentum of the
net revenues derived from the sale of electric power from the
project.
(b) The provisions of subsection (a) shall not be effective
if:
(1) a competing license application if filed within 90 days
of the date of enactment of this act, or
(2) the Federal Energy Regulatory Commission issues and
order within 90 days of the date of enactment of this act
which makes a determination that in the absence of the
reduction in charges provided by subsection (a) the license
transfer will occur.

Mr. BURNS. Mr. President, I also ask unanimous consent the present
amendment be set aside.
The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page S2072]]

Amendment No. 3529 To Amendment No. 3466

(Purpose: To provide for Impact Aid school construction funding)

Mr. BURNS. Mr. President, I send an amendment to the desk and ask for
its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:

The Senator from Montana [Mr. Burns] proposes an amendment
numbered 3529 to amendment No. 3466.

Mr. BURNS. Mr. President, I ask unanimous consent that reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

On page 591, between lines 3 and 4, insert the following:
Sec. 305. (a)(1) From any unobligated funds that are
available to the Secretary of Education to carry out section
5 or 14 of the Act of September 23, 1950 (Public Law 815,
81st Congress) (as such Act was in effect on September 30,
1994) not less than $11,500,000 shall be available to the
Secretary of Education to carry out subsection (b).
(2) Any unobligated funds described in paragraph (1) that
remain unobligated after the Secretary of Education carries
out such paragraph shall be available to the Secretary of
Education to carry out section 8007 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7707).
(b)(1) The Secretary of Education shall award the funds
described in subsection (a)(1) to local educational agencies,
under such terms and conditions as the Secretary of Education
determines appropriate, for the construction of public
elementary or secondary schools on Indian reservations or in
school districts that--
(A) the Secretary of Education determines are in dire need
of construction funding;
(B) contain a public elementary or secondary school that
serves a student population which is 90 percent Indian
students; and
(C) serve students who are taught in inadequate or unsafe
structures, or in a public elementary or secondary school
that has been condemned.
(2) A local educational agency that receives construction
funding under this subsection for fiscal year 1996 shall not
be eligible to receive any funds under section 8007 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7707) for school construction for fiscal years 1996 and 1997.
(3) As used in this subsection, the term ``construction''
has the meaning given that term in section 8013(3) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7713(3)).
(4) No request for construction funding under this
subsection shall be approved unless the request is received
by the Secretary of Education not later than 30 days after
the date of enactment of this Act.

Mr. BURNS. Mr. President, I ask unanimous consent the present
amendment be set aside.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 3530 To Amendment No. 3466

(Purpose: To establish a commission on restructuring the circuits of
the United States Courts of Appeals)

Mr. BURNS. Mr. President, I send an amendment to the desk and ask for
its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:

The Senator from Montana [Mr. Burns] proposes an amendment
numbered 3530 to amendment No. 3466.

Mr. BURNS. Mr. President, I ask unanimous consent that reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

At the end of the amendment add the following:

Subtitle B--Commission on Restructuring the Circuits of the United
States Courts of Appeals

SEC. 921. ESTABLISHMENT AND FUNCTIONS OF COMMISSION.

(a) Establishment.--There is established a Commission on
restructuring for the circuits of the United States Courts of
Appeals which shall be known as the ``Heflin Commission''
(hereinafter referred to as the ``Commission'').
(b) Functions.--The function of the Commission shall be
to--
(1) study the restructuring of the circuits of the United
States Courts of Appeals; and
(2) report to the President and the Congress on its
findings.

SEC. 922. MEMBERSHIP.

(a) Composition.--The Commission shall be composed of
twelve members appointed as follows:
(1) Three members appointed by the President of the United
States.
(2) Three members appointed by the President pro tempore of
the Senate.
(3) Three members appointed by the Speaker of the House of
Representatives.
(4) Three members appointed by the Chief Justice of the
United States.
(b) Chair.--The Commission shall elect a Chair and Vice
Chair from among its members.
(c) Quorum.--Seven members of the Commission shall
constitute a quorum, but three may conduct hearings.
(d) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filled
in the same manner as the original appointment.
(e) Initial Meeting.--No later than 30 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold its first meeting.
(f) Meetings.--The Commission shall meet at the call of the
Chairman.

SEC. 923. POWERS OF THE COMMISSION.

(a) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out the purposes of this subtitle.
(b) Information From Federal Agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry
out the provisions of this subtitle. Upon request of the
Chairman of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.

SEC. 924. COMMISSION PERSONNEL MATTERS.

(a) Compensation of Members.--Each member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Commission. All members of the Commission who are
officers or employees of the United States shall serve
without compensation in addition to that received for their
services as officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(c) Staff.--
(1) In general.--The Chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairman of the Commission may fix
the compensation of the executive director and other
personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(e) Procurement of Temporary and Intermittent Services.--
The Chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of such title.

SEC. 925. TERMINATION OF THE COMMISSION.

The Commission shall terminate 90 days after the date on
which the Commission submits its final report.

SEC. 926. REPORT.

No later than 2 years after the date of the enactment of
this subtitle, the Commission shall submit a report to the
President and the Congress which shall contain a detailed
statement of the findings and conclusions of the Commission,
together with its recommendations for such legislation and
administrative actions as it considers appropriate.

SEC. 927. AUTHORIZATION OF APPROPRIATIONS.

On page 79, line 10 add the following:
``Of which not to exceed $3,000,000 shall remain available
until expended for the Twelfth Circuit Court of Appeals.

Mr. COATS addressed the Chair.
The PRESIDING OFFICER. The Senator from Indiana.

Amendment No. 3531 To Amendment No. 3466

Mr. COATS. Mr. President, on behalf of Senator Dole, myself, and Mr.
Lieberman, I send an amendment to the desk and ask for its immediate
consideration.

[[Page S2073]]

The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:

The Senator from Indiana [Mr. COATS], for Mr. Dole, for
himself, Mr. Coats, and Mr. Lieberman, proposes an amendment
numbered 3531 to amendment No. 3466.

Mr. COATS. Mr. President, I ask unanimous consent that reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 404, between lines 17 and 18, insert the following:
Subtitle N--Low-Income Scholarships

SEC. 2921. DEFINITIONS.

As used in this subtitle--
(1) the term ``Board'' means the Board of Directors of the
Corporation established under section 2922(b)(1);
(2) the term ``Corporation'' means the District of Columbia
Scholarship Corporation established under section 2922(a);
(3) the term ``eligible institution''--
(A) in the case of an eligible institution serving a
student who receives a tuition scholarship under section
2923(d)(1), means a private or independent elementary or
secondary school; and
(B) in the case of an eligible institution serving a
student who receives an enhanced achievement scholarship
under section 2923(d)(2), means an elementary or secondary
school, or an entity that provides services to a student
enrolled in an elementary or secondary school to enhance such
student's achievement through activities described in section
2923(d)(2); and
(4) the term ``poverty line'' means the income official
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2)) applicable to a family of the size involved.

SEC. 2922. DISTRICT OF COLUMBIA SCHOLARSHIP CORPORATION.

(a) General Requirements.--
(1) In general.--There is authorized to be established a
private, nonprofit corporation, to be known as the ``District
of Columbia Scholarship Corporation'', which is neither an
agency nor establishment of the United States Government or
the District of Columbia Government.
(2) Duties.--The Corporation shall have the responsibility
and authority to administer, publicize, and evaluate the
scholarship program in accordance with this subtitle, and to
determine student and school eligibility for participation in
such program.
(3) Consultation.--The Corporation shall exercise its
authority--
(A) in a manner consistent with maximizing educational
opportunities for the maximum number of interested families;
and
(B) in consultation with the Board of Education, the
Superintendent, the Consensus Commission, and other school
scholarship programs in the District of Columbia.
(4) Application of provisions.--The Corporation shall be
subject to the provisions of this subtitle, and, to the
extent consistent with this subtitle, to the District of
Columbia Nonprofit Corporation Act (D.C. Code, sec. 29-501 et
seq.).
(5) Residence.--The Corporation shall have its place of
business in the District of Columbia and shall be considered,
for purposes of venue in civil actions, to be a resident of
the District of Columbia.
(6) Fund.--There is hereby established in the District of
Columbia general fund a fund that shall be known as the
``District of Columbia Scholarship Fund''.
(7) Disbursement.--The Mayor shall disburse to the
Corporation, before October 15 of each fiscal year or not
later than 15 days after the date of enactment of an Act
making appropriations for the District of Columbia for such
year, whichever occurs later, such funds as have been
appropriated to the District of Columbia Scholarship Fund for
the fiscal year for which such disbursement is made.
(8) Availability.--Funds authorized to be appropriated
under this subtitle shall remain available until expended.
(9) Uses.--Funds authorized to be appropriated under this
subtitle shall be used by the Corporation in a prudent and
financially responsible manner, solely for scholarships,
contracts, and administrative costs.
(10) Authorization.--
(A) In general.--There are authorized to be appropriated to
the District of Columbia Scholarship Fund--
(i) $5,000,000 for fiscal year 1996;
(ii) $7,000,000 for fiscal year 1997; and
(iii) $10,000,000 for each of fiscal years 1998 through
2000.
(B) Limitation.--Not more than $250,000 of the amount
appropriated to carry out this subtitle for any fiscal year
may be used by the Corporation for any purpose other than
assistance to students.
(b) Organization and Management; Board of Directors.--
(1) Board of directors; membership.--
(A) In general.--The Corporation shall have a Board of
Directors comprised of 7 members, with 6 members of the Board
appointed by the President not later than 30 days after
receipt of nominations from the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the Majority Leader of the Senate, and the
Minority Leader of the Senate.
(B) House nominations.--The President shall appoint 2
members of the Board from a list of at least 6 individuals
nominated by the Speaker of the House of Representatives, and
1 member of the Board from a list of at least 3 individuals
nominated by the Minority Leader of the House of
Representatives.
(C) Senate nominations.--The President shall appoint 2
members of the Board from a list of at least 6 individuals
nominated by the Majority Leader of the Senate, and 1 member
of the Board from a list of at least 3 individuals nominated
by the Minority Leader of the Senate.
(D) Deadline.--The Speaker and Minority Leader of the House
of Representatives and Majority Leader and Minority Leader of
the Senate shall submit their nominations to the President
not later than 30 days after the date of the enactment of
this Act.
(E) Appointee of mayor.--The Mayor shall appoint 1 member
of the Board not later than 60 days after the date of the
enactment of this Act.
(F) Possible interim members.--If the President does not
appoint the 6 members of the Board in the 30-day period
described in subparagraph (A), then the Speaker of the House
of Representatives and the Majority Leader of the Senate
shall each appoint 2 members of the Board, and the Minority
Leader of the House of Representatives and the Minority
Leader of the Senate shall each appoint 1 of the Board, from
among the individuals nominated pursuant to subparagraphs (A)
and (B), as the case may be. The appointees under the
preceding sentence together with the appointee of the Mayor,
shall serve as an interim Board with all the powers and other
duties of the Board described in this subtitle, until the
President makes the appointments as described in this
subsection.
(2) Powers.--All powers of the Corporation shall vest in
and be exercised under the authority of the Board.
(3) Elections.--Members of the Board annually shall elect 1
of the members of the Board to be chairperson of the Board.
(4) Residency.--All members appointed to the Board shall be
residents of the District of Columbia at the time of
appointment and while serving on the Board.
(5) Nonemployee.--No member of the Board may be an employee
of the United States Government or the District of Columbia
Government when appointed to or during tenure on the Board,
unless the individual is on a leave of absence from such a
position while serving on the Board.
(6) Incorporation.--The members of the initial Board shall
serve as incorporators and shall take whatever steps are
necessary to establish the Corporation under the District of
Columbia Nonprofit Corporation Act (D.C. Code, sec. 29-501 et
seq.).
(7) General term.--The term of office of each member of the
Board shall be 5 years, except that any member appointed to
fill a vacancy occurring prior to the expiration of the term
for which the predecessor was appointed shall be appointed
for the remainder of such term.
(8) Consecutive term.--No member of the Board shall be
eligible to serve in excess of 2 consecutive terms of 5 years
each. A partial term shall be considered as 1 full term. Any
vacancy on the Board shall not affect the Board's power, but
shall be filled in a manner consistent with this subtitle.
(9) No benefit.--No part of the income or assets of the
Corporation shall inure to the benefit of any Director,
officer, or employee of the Corporation, except as salary or
reasonable compensation for services.
(10) Political activity.--The Corporation may not
contribute to or otherwise support any political party or
candidate for elective public office.
(11) No officers or employees.--The members of the Board
shall not, by reason of such membership, be considered to be
officers or employees of the United States Government or of
the District of Columbia Government.
(12) Stipends.--The members of the Board, while attending
meetings of the Board or while engaged in duties related to
such meetings or other activities of the Board pursuant to
this subtitle, shall be provided a stipend. Such stipend
shall be at the rate of $150 per day for which the member of
the Board is officially recorded as having worked, except
that no member may be paid a total stipend amount in any
calendar year in excess of $5,000.
(13) Congressional intent.--Subject to the results of the
program appraisal under section 2933, it is the intention of
the Congress to turn over to District of Columbia officials
the control of the Board at the end of the 5-year period
beginning on the date of enactment of this Act, under terms
and conditions to be determined at that time.
(c) Officers and Staff.--
(1) Executive director.--The Corporation shall have an
Executive Director, and such other staff, as may be appointed
by the Board for terms and at rates of compensation, not to
exceed level EG-16 of the Educational Service of the District
of Columbia, to be fixed by the Board .
(2) Staff.--With the approval of the Board, the Executive
Director may appoint and fix the salary of such additional
personnel as the Executive Director considers appropriate.
(3) Annual rate.--No staff of the Corporation may be
compensated by the Corporation at an annual rate of pay
greater than the annual rate of pay of the Executive
Director.
(4) Service.--All officers and employees of the Corporation
shall serve at the pleasure of the Board.
(5) Qualification.--No political test or qualification may
be used in selecting, appointing, promoting, or taking other
personnel actions with respect to officers, agents, or
employees of the Corporation.
(d) Powers of the Corporation.--
(1) Generally.--The Corporation is authorized to obtain
grants from, and make contracts with, individuals and with
private, State, and Federal agencies, organizations, and
institutions.

[[Page S2074]]

(2) Hiring authority.--The Corporation may hire, or accept
the voluntary services of, consultants, experts, advisory
boards, and panels to aid the Corporation in carrying out
this subtitle.
(e) Financial Management and Records.--
(1) Audits.--The financial statements of the Corporation
shall be--
(A) maintained in accordance with generally accepted
accounting principles for nonprofit corporations; and
(B) audited annually by independent certified public
accountants.
(2) Report.--The report for each such audit shall be
included in the annual report to Congress required by section
2933(c).

SEC. 2923. SCHOLARSHIPS AUTHORIZED.

(a) Eligible Students.--The Corporation is authorized to
award tuition scholarships under subsection (d)(1) and
enhanced achievement scholarships under subsection (d)(2) to
students in kindergarten through grade 12--
(1) who are residents of the District of Columbia; and
(2) whose family income does not exceed 185 percent of the
poverty line.
(b) Scholarship Priority.--
(1) First.--The Corporation shall first award scholarships
to students described in subsection (a) who--
(A) are enrolled in a District of Columbia public school or
preparing to enter a District of Columbia kindergarten,
except that this subparagraph shall apply only for academic
years 1996, 1997, and 1998; or
(B) have received a scholarship from the Corporation in the
year preceding the year for which the scholarship is awarded.
(2) Second.--If funds remain for a fiscal year for awarding
scholarships after awarding scholarships under paragraph (1),
the Corporation shall award scholarships to students
described in subsection (a) who are not described in
paragraph (1).
(c) Special Rule.--The Corporation shall attempt to ensure
an equitable distribution of scholarship funds to students at
diverse academic achievement levels.
(d) Use of Scholarship.--
(1) Tuition scholarships.--A tuition scholarship may be
used only for the payment of the cost of the tuition and
mandatory fees for, and transportation to attend, an eligible
institution located within the geographic boundaries of the
District of Columbia.
(2) Enhanced achievement scholarship.--An enhanced
achievement scholarship may be used only for the payment of--
(A) the costs of tuition and mandatory fees for, and
transportation to attend, a program of nonsectarian
instruction provided by an eligible institution which
enhances student achievement of the core curriculum and is
operated outside of regular school hours to supplement the
regular school program;
(B) the costs of tuition and mandatory fees for, and
transportation to attend, after-school activities that do not
have an academic focus, such as athletics or music lessons;
or
(C) the costs of tuition and mandatory fees for, and
transportation to attend, vocational, vocational-technical,
and technical training programs.
(e) Not School Aid.--A scholarship under this subtitle
shall be considered assistance to the student and shall not
be considered assistance to an eligible institution.

SEC. 2924. SCHOLARSHIP PAYMENTS AND AMOUNTS.

(a) Awards.--From the funds made available under this
subtitle, the Corporation shall award a scholarship to a
student and make payments in accordance with section 2930 on
behalf of such student to a participating eligible
institution chosen by the parent of the student.
(b) Notification.--Each eligible institution that desires
to receive payment under subsection (a) shall notify the
Corporation not later than 10 days after--
(1) the date that a student receiving a scholarship under
this subtitle is enrolled, of the name, address, and grade
level of such student;
(2) the date of the withdrawal or expulsion of any student
receiving a scholarship under this subtitle, of the
withdrawal or expulsion; and
(3) the date that a student receiving a scholarship under
this subtitle is refused admission, of the reasons for such a
refusal.
(c) Tuition Scholarship.--
(1) Equal to or below poverty line.--For a student whose
family income is equal to or below the poverty line, a
tuition scholarship may not exceed the lesser of--
(A) the cost of tuition and mandatory fees for, and
transportation to attend, an eligible institution; or
(B) $3,000 for fiscal year 1996, with such amount adjusted
in proportion to changes in the Consumer Price Index for all
urban consumers published by the Department of Labor for each
of fiscal years 1997 through 2000.
(2) Above poverty line.--For a student whose family income
is greater than the poverty line, but not more than 185
percent of the poverty line, a tuition scholarship may not
exceed the lesser of--
(A) 50 percent of the cost of tuition and mandatory fees
for, and transportation to attend, an eligible institution;
or
(B) $1,500 for fiscal year 1996, with such amount adjusted
in proportion to changes in the Consumer Price Index for all
urban consumers published by the Department of Labor for each
of fiscal years 1997 through 2000.
(d) Enhanced Achievement Scholarship.--
(1) Equal to or below poverty line.--For a student whose
family income is equal to or below the poverty line, an
enhanced achievement scholarship may not exceed the lesser
of--
(A) the costs of tuition and mandatory fees for, and
transportation to attend, a program of nonsectarian
instruction at an eligible institution; or
(B) $1,500 for 1996, with such amount adjusted in
proportion to changes in the Consumer Price Index for all
urban consumers published by the Department of Labor for each
of fiscal years 1997 through 2000.
(2) Above poverty line.--For a student whose family income
is greater than the poverty line, but not more than 185
percent of the poverty line, an enhanced achievement
scholarship may not exceed the lesser of--
(A) 50 percent of the costs of tuition and mandatory fees
for, and transportation to attend, a program of nonsectarian
instruction at an eligible institution; or
(B) $750 for fiscal year 1996 with such amount adjusted in
proportion to changes in the Consumer Price Index for all
urban consumers published by the Department of Labor for each
of fiscal years 1997 through 2000.
(e) Allocation of Funds.--
(1) Federal funds.--
(A) Plan.--The Corporation shall submit to the District of
Columbia Council a proposed allocation plan for the
allocation of Federal funds between the tuition scholarships
under section 2923(d)(1) and enhanced achievement
scholarships under section 2923(d)(2).
(B) Consideration.--Not later than 30 days after receipt of
each such plan, the District of Columbia Council shall
consider such proposed allocation plan and notify the
Corporation in writing of its decision to approve or
disapprove such allocation plan.
(C) Objections.--In the case of a vote of disapproval of
such allocation plan, the District of Columbia Council shall
provide in writing the District of Columbia Council's
objections to such allocation plan.
(D) Resubmission.--The Corporation may submit a revised
allocation plan for consideration to the District of Columbia
Council.
(E) Prohibition.--No Federal funds provided under this
subtitle may be used for any scholarship until the District
of Columbia Council has approved the allocation plan for the
Corporation.
(2) Private funds.--The Corporation shall annually allocate
unrestricted private funds equitably, as determined by the
Board, for scholarships under paragraph (1) and (2) of
section 2923(d), after consultation with the public, the
Mayor, the District of Columbia Council, the Board of
Education, the Superintendent, and the Consensus Commission.

SEC. 2925. CERTIFICATION OF ELIGIBLE INSTITUTIONS.

(a) Application.--An eligible institution that desires to
receive a payment on behalf of a student who receives a
scholarship under this subtitle shall file an application
with the Corporation for certification for participation in
the scholarship program under this subtitle. Each such
application shall--
(1) demonstrate that the eligible institution has operated
with not less than 25 students during the 3 years preceding
the year for which the determination is made unless the
eligible institution is applying for certification as a new
eligible institution under subsection (c);
(2) contain an assurance that the eligible institution will
comply with all applicable requirements of this subtitle;
(3) provide the most recent audit of the financial
statements of the eligible institution by an independent
certified public accountant using generally accepted auditing
standards, completed not earlier than 3 years before the date
such application is filed;
(4) describe the eligible institution's proposed program,
including personnel qualifications and fees;
(5) contain an assurance that a student receiving a
scholarship under this subtitle shall not be required to
attend or participate in a religion class or religious
ceremony without the written consent of such student's
parent;
(6) contain an assurance that funds received under this
subtitle will not be used to pay the costs related to a
religion class or a religious ceremony, except that such
funds may be used to pay the salary of a teacher who teaches
such class or participates in such ceremony if such teacher
also teaches an academic class at such eligible institution;
(7) contain an assurance that the eligible institution will
abide by all regulations of the District of Columbia
Government applicable to such eligible institution; and
(8) contain an assurance that the eligible institution will
implement due process requirements for expulsion and
suspension of students, including at a minimum, a process for
appealing the expulsion or suspension decision.
(b) Certification.--
(1) In general.--Except as provided in paragraph (3), not
later than 60 days after receipt of an application in
accordance with subsection (a), the Corporation shall certify
an eligible institution to participate in the scholarship
program under this subtitle.
(2) Continuation.--An eligible institution's certification
to participate in the scholarship program shall continue
unless such eligible institution's certification is revoked
in accordance with subsection (d).
(3) Exception for 1996.--For fiscal year 1996 only, and
after receipt of an application in accordance with subsection
(a), the Corporation shall certify the eligibility of an
eligible institution to participate in the scholarship
program under this subtitle at the earliest practicable date.
(c) New Eligible Institution.--
(1) In general.--An eligible institution that did not
operate with at least 25 students in the 3 years preceding
the year for which the determination is made may apply for a
1-year provisional certification to participate in the
scholarship program under this subtitle for a single year by
providing to the Corporation not later than July 1 of the
year preceding the year for which the determination is made--

[[Page S2075]]

(A) a list of the eligible institution's board of
directors;
(B) letters of support from not less than 10 members of the
community served by such eligible institution;
(C) a business plan;
(D) an intended course of study;
(E) assurances that the eligible institution will begin
operations with not less than 25 students;
(F) assurances that the eligible institution will comply
with all applicable requirements of this subtitle; and
(G) a statement that satisfies the requirements of
paragraph (2), and paragraphs (4) through (8), of subsection
(a).
(2) Certification.--Not later than 60 days after the date
of receipt of an application described in paragraph (1), the
Corporation shall certify in writing the eligible
institution's provisional certification to participate in the
scholarship program under this subtitle unless the
Corporation determines that good cause exists to deny
certification.
(3) Renewal of provisional certification.--After receipt of
an application under paragraph (1) from an eligible
institution that includes an audit of the financial
statements of the eligible institution by an independent
certified public accountant using generally accepted auditing
standards completed not earlier than 12 months before the
date such application is filed, the Corporation shall renew
an eligible institution's provisional certification for the
second and third years of the school's participation in the
scholarship program under this subtitle unless the
Corporation finds--
(A) good cause to deny the renewal, including a finding of
a pattern of violation of requirements described in section
2926(a); or
(B) consistent failure of 25 percent or more of the
students receiving scholarships under this subtitle and
attending such school to make appropriate progress (as
determined by the Corporation) in academic achievement.
(4) Denial of certification.--If provisional certification
or renewal of provisional certification under this subsection
is denied, then the Corporation shall provide a written
explanation to the eligible institution of the reasons for
such denial.
(d) Revocation of Eligibility.--
(1) In general.--The Corporation, after notice and hearing,
may revoke an eligible institution's certification to
participate in the scholarship program under this subtitle
for a year succeeding the year for which the determination is
made for--
(A) good cause, including a finding of a pattern of
violation of program requirements described in section
2926(a); or
(B) consistent failure of 25 percent or more of the
students receiving scholarships under this subtitle and
attending such school to make appropriate progress (as
determined by the Corporation) in academic achievement.
(2) Explanation.--If the certification of an eligible
institution is revoked, the Corporation shall provide a
written explanation of its decision to such eligible
institution and require a pro rata refund of the payments
received under this subtitle.

SEC. 2926. PARTICIPATION REQUIREMENTS FOR ELIGIBLE
INSTITUTIONS.

(a) Requirements.--Each eligible institution participating
in the scholarship program under this subtitle shall--
(1) provide to the Corporation not later than June 30 of
each year the most recent audit of the financial statements
of the eligible institution by an independent certified
public accountant using generally accepted auditing standards
completed not earlier than 3 years before the date the
application is filed; and
(2) charge a student that receives a scholarship under this
subtitle the same amounts for the cost of tuition and
mandatory fees for, and transportation to attend, such
eligible institution as other students who are residents of
the District of Columbia and enrolled in such eligible
institution.
(b) Compliance.--The Corporation may require documentation
of compliance with the requirements of subsection (a), but
neither the Corporation nor any governmental entity may
impose additional requirements upon an eligible institution
as a condition of participation in the scholarship program
under this subtitle.

SEC. 2927. CIVIL RIGHTS.

(a) In General.--An eligible institution participating in
the scholarship program under this subtitle shall be deemed
to be a recipient of Federal financial assistance for the
purposes of the Age Discrimination Act of 1975 (42 U.S.C.
6101 et seq.), title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.), title IX of the Education Amendments
of 1972 (20 U.S.C. 1681 et seq.), and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
(b) Revocation.--Notwithstanding section 2926(b), if the
Secretary of Education determines that an eligible
institution participating in the scholarship program under
this subtitle is in violation of any of the laws listed in
subsection (a), then the Corporation shall revoke such
eligible institution's certification to participate in the
program.

SEC. 2928. CHILDREN WITH DISABILITIES.

(a) In General.--Nothing in this subtitle shall affect the
rights of students or the obligations of the District of
Columbia public schools under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(b) Private or Independent School Scholarships.--
(1) Determination of Eligiblity for Services.--If requested
by either a parent of a child with a disability who attends a
private or independent school receiving funding under this
subtitle or by the private or independent school receiving
funding under this subtitle, the Board of Education shall
determine the eligibility of such child for services under
the Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.).
(2) Requirements.--If a child is determined eligible for
services under the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.) pursuant to paragraph (1), the
Board of Education shall--
(A) develop an individualized education program, as defined
in section 602 of the Individuals with Disabilities Education
Act (20 U.S.C. 1401), for such child; and
(B) negotiate with the private or independent school to
deliver to such child the services described in the
individualized education program.
(3) Appeal.--If the Board of Education determines that a
child is not eligible for services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) pursuant
to paragraph (1), such child shall retain the right to appeal
such determination under such Act as if such child were
attending a District of Columbia public school.

SEC. 2929. CONSTRUCTION PROHIBITION.

No funds under this subtitle may be used for construction
of facilities.

SEC. 2930. SCHOLARSHIP PAYMENTS.

(a) In General.--
(1) Proportional payment.--The Corporation shall make
scholarship payments to participating eligible institutions
on a schedule established by the Corporation.
(2) Pro rata amounts for student withdrawal.--
(A) Before payment.--If a student receiving a scholarship
withdraws or is expelled from an eligible institution before
a scholarship payment is made, the eligible institution shall
receive a pro rata payment based on the amount of the
scholarship and the number of days the student was enrolled
in the eligible institution.
(B) After payment.--If a student receiving a scholarship
withdraws or is expelled after a scholarship payment is made,
the eligible institution shall refund to the Corporation on a
pro rata basis the proportion of any scholarship payment
received for the remaining days of the school year. Such
refund shall occur not later than 30 days after the date of
the withdrawal or expulsion of the student.
(b) Fund Transfers.--The Corporation shall make scholarship
payments to participating eligible institutions by electronic
funds transfer. If such an arrangement is not available, then
the eligible institution shall submit an alternative payment
proposal to the Corporation for approval.

SEC. 2931. APPLICATION SCHEDULE AND PROCEDURES.

The Corporation shall implement a schedule and procedures
for processing applications for awarding student scholarships
under this subtitle that includes a list of certified
eligible institutions, distribution of information to parents
and the general public (including through a newspaper of
general circulation), and deadlines for steps in the
scholarship application and award process.

SEC. 2932. REPORTING REQUIREMENTS.

(a) In General.--An eligible institution participating in
the scholarship program under this subtitle shall report not
later than July 30 of each year in a manner prescribed by the
Corporation, the following data:
(1) Student achievement in the eligible institution's
programs.
(2) Grade advancement for scholarship students.
(3) Disciplinary actions taken with respect to scholarship
students.
(4) Graduation, college admission test scores, and college
admission rates, if applicable for scholarship students.
(5) Types and amounts of parental involvement required for
all families of scholarship students.
(6) Student attendance for scholarship and nonscholarship
students.
(7) General information on curriculum, programs,
facilities, credentials of personnel, and disciplinary rules
at the eligible institution.
(8) Number of scholarship students enrolled.
(9) Such other information as may be required by the
Corporation for program appraisal.
(b) Confidentiality.--No personal identifiers may be used
in such report, except that the Corporation may request such
personal identifiers solely for the purpose of verification.

SEC. 2933. PROGRAM APPRAISAL.

(a) Study.--Not later than 4 years after the date of
enactment of this Act, the Department of Education shall
provide for an independent evaluation of the scholarship
program under this subtitle, including--
(1) a comparison of test scores between scholarship
students and District of Columbia public school students of
similar backgrounds, taking into account the students'
academic achievement at the time of the award of their
scholarships and the students' family income level;
(2) a comparison of graduation rates between scholarship
students and District of Columbia public school students of
similar backgrounds, taking into account the students'
academic achievement at the time of the award of their
scholarships and the students' family income level; and
(3) the satisfaction of parents of scholarship students
with the scholarship program.
(b) Public Review of Data.--All data gathered in the course
of the study described in subsection (a) shall be made
available to the public upon request except that no personal
identifiers shall be made public.
(c) Report to Congress.--Not later than September 1 of each
year, the Corporation shall submit a progress report on the
scholarship program to the appropriate congressional
committees. Such report shall include a review of how
scholarship funds were expended, including the initial
academic achievement levels of students

[[Page S2076]]

who have participated in the scholarship program.
(d) Authorization.--There are authorized to be appropriated
for the study described in subsection (a), $250,000, which
shall remain available until expended.

SEC. 2934. JUDICIAL REVIEW.

The United States District Court for the District of
Columbia shall have jurisdiction over any constitutional
challenges to the scholarship program under this subtitle and
shall provide expedited review.

SEC. 2936. OFFSET.

In addition to the reduction in appropriations and
expenditures for personal services required under the heading
``Pay Renegotiation or Reduction in Compensation'' in the
District of Columbia Appropriations Act, 1996, the Mayor of
the District of Columbia shall reduce such appropriations and
expenditures in accordance with the provisions of such
heading by an additional $5,000,000.

SEC. 2937. OFFSETS.

Notwithstanding any other provision in this Act or in the
District of Columbia Appropriations Act, 1996, the payment to
the District of Columbia for the fiscal year ending September
30, 1996, shall be $655,000,000, as authorized by section
502(a) of the District of Columbia Self-Government and
Governmental Reorganization Act, Public Law, 93-198, as
amended (D.C. Code, sec. 47-3406.1).

SEC. 2938. FEDERAL APPROPRIATION.

Notwithstanding any other provision in this Act or in the
District of Columbia Appropriations Act, 1996, the Federal
contribution to Education Reform shall be $19,930,000, of
which $5,000,000 shall be available for scholarships for low
income students in dangerous or failed public schools as
provided for in Subtitle N and shall not be disbursed by the
Authority until the Authority receives a certification from
the District of Columbia Emergency Scholarship Corporation
that the proposed allocation between the tuition scholarships
and enhanced achievement scholarships has been approved by
the Council of the District of Columbia consistent with the
Scholarship Corporation's most recent proposal concerning the
implementation of the emergency scholarship program. These
funds shall lapse and be returned by the Authority to the
U.S. Treasury on September 30, 1996, if the required
certification from the Scholarship Corporation is not
received by July 1, 1996.

SEC. 2939. EDUCATION REFORM.

In addition to the amounts appropriated for the District of
Columbia under the heading ``Education Reform'', $5,000,000
shall be paid to the District of Columbia Emergency
Scholarship Corporation authorized in Subtitle N.''

Mr. COATS. Mr. President, given the time, I yield the floor.

Amendment No. 3532 To Amendment No. 3466

Mr. COVERDELL. Mr. President, I send an amendment to the desk and ask
for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Georgia [Mr. Coverdell] for himself, Mr.
Stevens, and Mr. Inouye, proposes an amendment numbered 3532
to amendment No. 3466.

Mr. COVERDELL. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

In the pending amendment, on page 540, line 11 after
``Act'' insert: ``and $5,000,000 shall be available for
obligation for the period July 1, 1995 through June 30, 1996
for employment-related activities of the 1996 Paralympic
Games.''
In the pending amendment, on page 597, line 21 after
``expended'' insert: ``, of which $1,500,000 shall be for a
demonstration program to foster economic independence among
people with disabilities through disability sport, in
connection with the Tenth Paralympic Games.''

Mr. LAUTENBERG. Mr. President, may I ask our colleague to just
withhold for 1 minute while I fashion a unanimous consent request here?
There are amendments still ready to go.
When the Senator from Georgia finishes, it will be past the
bewitching hour of 8 o'clock.
I ask unanimous consent if we can keep the amendment filing period
open for another 30 minutes--another 15 minutes?
Mr. MURKOWSKI. Mr. President, I object.
Mr. LAUTENBERG. Will the Senator from Alaska accept a 5-minute delay?
Mr. MURKOWSKI. The Senator will accept 5 minutes.
Mr. LAUTENBERG. I submit the unanimous consent request for 5 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. COVERDELL. Mr. President, I ask unanimous consent that the
amendment be temporarily set aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Wyoming is recognized.
Mr. THOMAS. Mr. President, I simply rise to express some
disappointment in the fact that we have had an amendment with respect
to China and Taiwan that we intended to offer. It has been approved by
the administration and the ranking minority member of Foreign Relations
supports it. Yet, the other side of the aisle has objected to its
submission.
I am very sorry about that. It would seem to me that this body would
want to speak out on the China effort. However, through their staff and
through their workings, they have kept us from doing that. We will have
to bring it up in another fashion.
This was submitted by Mr. Helms, Mr. Dole, Mr. Murkowski, Mr. Pell,
Mr. Simon, Mr. Mack, Mr. Grams, Mr. Pressler, Mr. Brown, Mr. Lugar, Mr.
D'Amato, Mr. Lieberman, Mr. Roth, and Mr. Ford. I simply want to say we
will have to find another way, but I should think this body would want
to speak out on the current situation in China or Taiwan.
Mr. MURKOWSKI. I wonder if I can ask my good friend from Wyoming if
he recalls sometime ago this body voted 97 to 1 on a resolution
welcoming President Li as he visited his alma mater in New York and the
issue of our responsibility to Taiwan at that time was discussed at
great length in this body. I think it is fair to say my friend from
Wyoming participated in that debate. This body did vote overwhelmingly
to support the resolution welcoming President Li to visit his alma
mater.
I believe, as the Senator from Wyoming has indicated, the amendment
has broad bipartisan support and, in view of the recent action by the
P.R.C. to intervene in the first free election process in Taiwan, that
my friend from Wyoming could give me any indication as to why anyone
would object in this body to allowing a substitution so that this
amendment could be presented tonight?
It is my understanding the amendment was not filed. As a consequence
when an effort was made to get a ruling from the Parliamentarian, the
Parliamentarian indicated that substitution would be appropriate if it
was perhaps unanimous--I am paraphrasing it--and there was an
objection.
What would be the basis for someone to object to the consequence of
the bullying tactics of the P.R.C.?
Mr. THOMAS. I have to say to the Senator that I am not certain. This
was designed with the assistance and involvement of the administration
to support some of the things they are doing, certainly to rededicate
ourselves to the commitments that we have made through the Taiwan
agreements.
In any event, I am sure we will make another effort. I am very
disappointed we were not able to bring that forward.
Mr. MURKOWSKI. If I may follow up with another question. Is the
understanding of the Senator from Alaska correct that the objection was
from the other side of the aisle?
Mr. THOMAS. Yes, that is correct, it was from the other side of the
aisle.
Mr. MURKOWSKI. I hope we have an opportunity tonight to get an
explanation as to why there is an objection in this body for bringing
up a topic that is, obviously, before the entire world as we look at
what China has initiated relative to the launching of missiles to an
area adjacent to the island of Taiwan, initiated a naval activity of
significant magnitude, when clearly the elections are about to take
place on the 23d of March. And it seems, indeed, unfortunate that we
cannot get an explanation as a consequence of the commitments that were
made under the Taiwan Relations Act to ensure that Taiwan was
adequately provided with enough defensive capability to meet their
needs subject to a declining amount over the years, as well as a
requirement that the President of the United States evaluate the threat
to the security of Taiwan, relative to any threat that might exist, and
report back to the Congress relative to that threat.
I say to my friend from Wyoming, we have obviously had a significant
threat, as evidenced by the missiles, as evidenced by the naval
activity. I ask my friend from Wyoming if he would not agree that an
expression of support to reaffirm the Taiwan Relations Act would not
seem to be appropriate, timely, and in order at this time?

[[Page S2077]]

Mr. THOMAS. I certainly agree with that analysis and suggest to the
Senator that we did involve ourselves very deeply in this and had
bipartisan support, administration support. I think it still would be
the desire of this body to have a statement, and we intend to bring it
up in another way.
I thank my friend very much.
Mr. MURKOWSKI. If I might ask my colleague one more question, since I
joined with him and cosponsored the resolution to reaffirm the Taiwan
Relations Act by the U.S. Senate, and that is if it is his intention to
pursue this matter and bring it up on the next vehicle that, obviously,
is moving? Is that the intent of the Senator from Wyoming?
Mr. THOMAS. Yes. Let me say that is our intention, and I do believe
really that the Members of this body do want to make a statement. I
think this statement generally reflects what we are for, and we will
make every effort to bring it up at the earliest possible time.
Mr. MURKOWSKI. I thank my colleague. I appreciate the reassurance. I
think as we look at the tensions in the world today and recognize the
obligation the United States has under the Taiwan Relations Act that,
indeed, a voice of support is indicated by the amendment to reaffirm
the terms and conditions of the Taiwan Relations Act. The fact that the
administration further supports that action, we find ourselves in a
rather perplexing situation where no one who is objecting seems to care
to come to the floor and explain the basis for the objection. I commend
my friend from Wyoming for his diligence and commitment to persevere on
something that I think is, indeed, appropriate and timely.

I thank my good friend for joining me in a colloquy.
If there are no further Senators wishing recognition at this time, I
ask unanimous consent to speak for 5 minutes as in morning business
until such time as another Senator seeks recognition.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. MURKOWSKI. I thank the Chair.

____________________