[Congressional Record (Bound Edition), Volume 145 (1999), Part 4]
[Senate]
[Pages 5186-5191]
[From the U.S. Government Publishing Office, www.gpo.gov]




     EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR FISCAL YEAR 1999

  The Senate continued with the consideration of the bill.
  Mr. REID. Will the chairman yield for a question?
  Mr. STEVENS. I am happy to yield.
  Mr. REID. I wonder if the chairman could attempt to get clearance 
from the two leaders--maybe one way to move this along is to vote on 
the underlying motion to table that will be made shortly.
  Mr. STEVENS. I am pleased to do that, but we have to check with both 
sides to see about the timing. I hope the Senator will help me on that. 
I will check, also, to see if we can get an agreement as to when that 
should be.
  At the present time, am I correct, Mr. President, the pending 
business is the Murkowski amendment?
  The PRESIDING OFFICER. That is correct.
  Mrs. HUTCHISON. Parliamentary inquiry.
  The PRESIDING OFFICER. The Senator from Texas is recognized for a 
parliamentary inquiry.
  Mrs. HUTCHISON. Where in the line is the Hutchison amendment?
  Mr. STEVENS. The Hutchison amendment was put aside. It is my 
understanding, I say to the Senator from Texas, it was put aside so we 
could proceed with the balance of the supplemental. It will be the last 
amendment to be considered. It could be called up by requesting the 
regular order by either the majority leader or myself.
  Mrs. HUTCHISON. At some point following the Murkowski amendment, I 
would like the opportunity to address my amendment and set it aside.
  Mr. STEVENS. Is my understanding correct that the amendment of the 
Senator from Texas is set aside?
  The PRESIDING OFFICER. It is set aside, subject to being called back 
by the Senator from Texas or the Senator from Alaska.
  Mr. STEVENS. Very well. Then the Senator has that right. It was not 
my understanding at the time, but I am prepared--I am not prepared to 
yield this floor until I can find out how we can get back to getting 
some votes and get these matters resolved and finish this bill tonight.
  I know my colleague is seeking to be recognized. There was a Senator 
who was supposed to come over and make a motion to table the amendment 
of my colleague. As my colleague knows, I don't do that.
  Mr. MURKOWSKI. Will the floor manager yield for a question?
  The PRESIDING OFFICER. Will the Senator from Alaska yield to the 
Senator from Alaska?
  Mr. STEVENS. Mr. President, it would be my pleasure at this time to

[[Page 5187]]

yield briefly to my colleague for a question.
  Mr. MURKOWSKI. What I am attempting to do is accommodate the floor 
manager by advising him that we are certainly ready for a vote on a 
tabling motion, so that you can advise Members of the scheduled for the 
balance of the evening. Maybe we can get a time certain.
  Mr. STEVENS. I say to my friend and colleague that we are checking 
out the time of 6:45. I hope that clears. It is my understanding that 
Senator Reid will make the motion to table the amendment of the Senator 
from Alaska. I could at this time start with the process of reviewing 
some of these amendments in my manager's package.
  Mr. MURKOWSKI. I wonder if I could pretty much count on that. I would 
like to leave for about 20 minutes.
  Mr. STEVENS. My friend can be assured that it won't happen before 
6:45. Mr. President, I yield to the Senator from Nevada for the purpose 
of making a motion to table.
  Mr. REID. Mr. President, on behalf of the Senator from Montana, 
Senator Baucus, I move to table the Murkowski amendment and ask for the 
yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. REID. Mr. President, I ask unanimous consent that the vote occur 
at 6:45.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                      Amendment No. 113 Withdrawn

  Mr. STEVENS. Mr. President, I ask unanimous consent to vitiate Senate 
action on amendment No. 113 and ask that the amendment be withdrawn.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. Mr. President, I have the manager's package that I 
mentioned, which includes 10 amendments. As I have said, we tried our 
best to clear these amendments throughout the Senate. I hope the Senate 
will agree to this package. It has been cleared on both sides.
  First is an amendment by Senator Helms to appropriate, with a 
corresponding rescission, funds for the U.S. Commission on 
International Religious Freedom. Second is an amendment by Senator 
Grassley to appropriate, with a corresponding rescission, funds for 
regional applications programs, consistent with the direction and the 
report to accompany Public Law 105-277. Third is an amendment by myself 
to allow military technicians, while deployed, to receive per diem 
expenses. Fourth is an amendment by myself clarifying the intent of the 
fiscal year 1998 and 1999 Interior and related agency appropriations 
bills in relation to Pike's Peak Summit House. Fifth is an amendment by 
Senator Gregg in relation to an issue for renewal of fishing permits 
and fishing vessel operations. Sixth is an amendment on behalf of the 
minority leader dealing with reprogramming of funds by the Corps of 
Engineers. Seventh is an amendment by myself dealing with the authority 
to release aircraft by the Department of Defense. Eighth is an 
amendment on behalf of Senators Enzi and Bingaman providing funds and 
appropriate rescission for the Livestock Assistance Program. Ninth is 
an amendment on behalf of Senators Bingaman and Enzi providing 
emergency relief to the domestic oil and gas industry. Tenth is an 
amendment by Senator Domenici and others establishing an emergency oil 
and gas guaranteed loan program.


                Amendments Nos. 132 through 141, En Bloc

  Mr. STEVENS. Mr. President, I send these 10 amendments to the desk 
and ask that they be considered en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from Alaska [Mr. Stevens] proposes amendments 
     numbered 132 through 141, en bloc.

  The amendments are as follows:


                           amendment no. 132

   (Purpose: To appropriate, with a rescission, funds for the United 
         States Commission on International Religious Freedom)

       On page 30, between lines 10 and 11, insert the following:

                               CHAPTER 7

                   DEPARTMENT OF STATE RELATED AGENCY


      united states commission on international religious freedom

       For necessary expenses for the United States Commission on 
     International Religious Freedom, as authorized by title II of 
     the International Religious Freedom Act of 1998 (Public Law 
     105-282), $3,000,000, to remain available until expended: 
     Provided, That the amount of the rescission under chapter 2 
     of title III of this Act under the heading ``CONTRIBUTIONS TO 
     INTERNATIONAL ORGANIZATIONS'' is hereby increased by 
     $3,000,000.


                           amendment no. 133

                      (Purpose: Climate research)

       At the appropriate place, insert the following:
       On page 24, line 2, after ``expended.'' insert the 
     following:
     ``Provided further, That from unobligated balances in this 
     account available under the heading `climate and global 
     change research', $2,000,000 shall be made available for 
     regional applications programs at the University of Northern 
     Iowa consistent with the direction in the report to accompany 
     Public Law 105-277.''
       On page 38, line 13, strike ``$2,000,000'' and insert 
     ``$1,000,000''.


                           amendment no. 134

 (Purpose: To allow military technicians while deployed to receive per 
                             diem expenses)

       On page 27, line 12, insert the following:
       Sec.   . Notwithstanding any other provision of law, a 
     military technician (dual status) (as defined in section 
     10216 of title 10) performing active duty without pay while 
     on leave from technician employment under section 6323(d) of 
     title 5 may, in the discretion of the Secretary concerned, be 
     authorized a per diem allowance under this title, in lieu of 
     commutation for subsistence and quarters as described in 
     Section 1002(b) of title 37, United States Code.


                           amendment no. 135

       At the end of Title II of the bill insert the following:
       ``Sec.   . A payment of $800,000 from the total amount of 
     $1,000,000 for construction of the Pike's Peak Summit House, 
     as specified in Conference Report 105-337, accompanying the 
     Department of the Interior and Related Agencies 
     Appropriations Act for fiscal year 1998, P.L. 105-83, and 
     payments of $2,000,000 for the Borough of Ketchikan to 
     participate in a study of the feasibility and dynamics of 
     manufacturing veneer products in Southeast Alaska and 
     $200,000 for construction of the Pike's Peak Summit House, as 
     specified in Conference Report 105-825 accompanying the 
     Department of the Interior and Related Agencies 
     Appropriations Act for fiscal year 1999 (as contained in 
     Division A, section 101(e) of the Omnibus Consolidated and 
     Emergency Supplemental Appropriations Act, 1999 (Public Law 
     105-277)), shall be paid in lump sum and shall be considered 
     direct payments, for the purposes of all applicable law 
     except that these direct grants may not be used for lobbying 
     activities.''


                           amendment no. 136

       At the appropriate place in title II insert:
       Sec.   . Section 617 of the Department of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1999 (as added by section 101(b) of 
     division A of the Omnibus Consolidated and Emergency 
     Supplemental Appropriations Act, 1999 (Public Law 105-277)) 
     is amended--
       (1) by striking subsection (a) and inserting in lieu 
     thereof the following:
       ``(a) None of the funds made available in this Act or any 
     other Act hereafter enacted may be used to issue or renew a 
     fishing permit or authorization for any fishing vessel of the 
     United States greater than 165 feet in registered length, of 
     more than 750 gross registered tons, or that has an engine or 
     engines capable of producing a total of more than 3,000 shaft 
     horsepower as specified in the permit application required 
     under part 648.4(a)(5) of title 50, Code of Federal 
     Regulations, part 648.12 of title 50, Code of Federal 
     Regulations, and the authorization required under part 
     648.80(d)(2) of title 50, Code of Federal Regulations, to 
     engage in fishing for Atlantic mackerel or herring (or both) 
     under the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.), unless the regional 
     fishery management council of jurisdiction recommends after 
     October 21, 1998, and the Secretary of Commerce approves, 
     conservation and management measures in accordance with such 
     Act to allow such vessel to engage in fishing for Atlantic 
     mackerel or herring (or both)''; and
       (2) in subsection (b), by striking ``subsection (a)(1)'' 
     and inserting ``subsection (a)''.


                           amendment no. 137

       At the appropriate place at the end of Title II, insert:
       Sec.   . The Corps of Engineers is directed to reprogram 
     $800,000 of the funds made available to that agency in Fiscal 
     Year 1999 for the operation of The Pick-Sloan project to 
     perform the preliminary work needed to transfer Federal lands 
     to the tribes and state of South Dakota, and to provide the 
     Lower

[[Page 5188]]

     Brule Sioux Tribe and Cheyenne River Sioux Tribe with funds 
     to begin protecting invaluable Indian cultural sites, under 
     the Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and 
     State of South Dakota Terrestrial Wildlife Habitat 
     Restoration Act.


                           Amendment no. 138

   (Purpose: To provide limited operational leasing authority to the 
                      Secretary of the Air Force)

       In the appropriate place in the bill, insert the following 
     new section:

     ``SEC.   . OPERATIONAL SUPPORT AIRCRAFT MULTI-YEAR LEASING 
                   DEMONSTRATION PROJECT.

       ``(a) Authority To Lease.--Effective on or after October 1, 
     1999, the Secretary of the Air Force may obtain 
     transportation for operational support purposes, including 
     transportation for combatant Commanders in Chief, by lease of 
     aircraft, on such terms and conditions as the Secretary may 
     deem appropriate, consistent with this section, through an 
     operating lease consistent with OMB Circular A-11.
       ``(b) Maximum Lease Term for Multi-year Lease.--The term of 
     any lease into which the Secretary enters under this section 
     shall not exceed ten years from the date on which the lease 
     takes effect.
       ``(c) Commercial Terms.--The Secretary may include terms 
     and conditions in any lease into which the Secretary enters 
     under this section that are customary in the leasing of 
     aircraft by a non-governmental lessor to a non-governmental 
     lessee.
       ``(d) Termination Payments.--The Secretary may, in 
     connection with any lease into which the Secretary enters 
     under this section, to the extent the Secretary deems 
     appropriate, provide for special payments to the lessor if 
     either the Secretary terminates or cancels the lease prior to 
     the expiration of its term or the aircraft is damaged or 
     destroyed prior to the expiration of the term of the lease. 
     In the event of termination or cancellation of the lease, the 
     total value of such payments shall not exceed the value of 
     one year's lease payment.
       ``(e) Obligation and Expenditure of Funds.--
     Nothwithstanding any other provision of law--
       ``(1) an obligation need not be recorded upon entering into 
     a lease under this section, in order to provide for the 
     payments described in subsection (d) above, and
       ``(2) any payments required under a lease under this 
     section, and any payments made pursuant to subsection (d) 
     above, may be made from--
       ``(A) appropriations available for the performance of the 
     lease at the time the lease takes effect;
       ``(B) appropriations for the operation and maintenance 
     available at the time which the payment is due; and
       ``(C) funds appropriated for those payments.
       ``(f) Other Authority Preserved.--The authority granted to 
     the Secretary of the Air Force by this section is separate 
     from and in addition to, and shall not be construed to impair 
     or otherwise affect, the authority of the Secretary to 
     procure transportation or enter into leases under a provision 
     of law other than this section.''.


                           amendment no. 139

    (Purpose: To provide emergency relief to the livestock industry)

       At the appropriate place in title II of the bill, insert 
     the following:
       ``Sec.  . For an additional amount for the Livestock 
     Assistance Program under Public Law 105-277, $70,000,000. 
     Provided, That the entire amount shall be available only to 
     the extent an official budget request for $70,000,000, that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated by Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A) of 
     such Act.''
       And:
       An additional amount of $250,000,000 is rescinded as 
     provided in Section 3002 of this Act.


                           amendment no. 140

   (Purpose: To provide emergency relief to the domestic oil and gas 
                               industry)

       At the appropriate place in title II of the bill, insert 
     the following:

     ``SEC.  . DEDUCTION FOR OIL AND GAS PRODUCTION.

       ``(a) Deduction.--Subject to the limitations in subsection 
     (c), the Secretary of the Interior shall allow lessees 
     operating one or more qualifying wells on public land to 
     deduct from the amount of royalty otherwise payable to the 
     Secretary on production from a qualifying well, the amount of 
     expenditures made by such lessees after April 1, 1999 to--
       ``(A) increase oil or gas production from existing wells on 
     public land;
       ``(B) drill new oil or gas wells on existing leases on 
     public land; or
       ``(C) explore for oil or gas on public land.
       ``(b) Definitions.--For purposes of this section--
       ``(1) the term `lessee' means any person to whom the United 
     States issues a lease for oil and gas exploration, 
     production, or development on public land, or any person to 
     whom operating rights in such lease have been assigned;
       ``(2) the term `public land' has the same meaning given 
     such term in section 103(e) of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1702(e)); and
       ``(3) the term `qualifying well' means any well for the 
     production of natural gas, crude oil, or both that is on 
     public land and--
       ``(A) has production that is treated as marginal production 
     under section 631A(c)(6) of the Internal Revenue Code of 
     1986; or
       ``(B) has been classified as a qualifying well by the 
     Secretary of the Interior for purposes of maximizing the 
     benefits of this section.
       ``(c) Sunset.--The Secretary of the Interior shall not 
     allow a deduction under this section after--
       ``(1) September 30, 2000;
       ``(2) the thirtieth consecutive day on which the price for 
     West Texas Intermediate crude oil on the New York Mercantile 
     Exchange closes about $18 per barrel; or
       ``(3) lessees have deducted a total of $123,000,000 under 
     this section--whichever occurs first.
       ``(d) Administrative Costs.--For necessary expenses of the 
     Department of the Interior under this section, $2,000,000 is 
     appropriated to the Secretary of the Interior, to remain 
     available until expended.
       ``(e) Emergency Designation.--The entire amount made 
     available to carry out this section--
       ``(1) shall be available only to the extent an official 
     budget request for $125,000,000, that includes designation of 
     the entire amount of the request as an emergency requirement 
     as defined in the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, is transmitted by the 
     President to the Congress, and
       ``(2) is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of such Act; and
       An additional amount of $125,000,000 is rescinded as 
     provided in Section 3002 of this Act.


                           AMENDMENT NO. 141

       (Purpose: To establish an emergency oil and gas guaranteed 
     loan program)
       On page 23, between lines 8 and 9, insert the following:

     SEC. __. PETROLEUM DEVELOPMENT MANAGEMENT.

       (a) Short Title.--This section may be cited as the 
     ``Emergency Oil and Gas Guaranteed Loan Program Act''.
       (b) Findings.--Congress finds that--
       (1) consumption of foreign oil in the United States is 
     estimated to equal 56 percent of all oil consumed, and that 
     percentage could reach 68 percent by 2010 if current prices 
     prevail;
       (2) the number of oil and gas rigs operating in the United 
     States is at its lowest since 1944, when records of this 
     tally began;
       (3) if prices do not increase soon, the United States could 
     lose at least half its marginal wells, which in aggregate 
     produce as much oil as the United States imports from Saudi 
     Arabia;
       (4) oil and gas prices are unlikely to increase for at 
     least several years;
       (5) declining production, well abandonment, and greatly 
     reduced exploration and development are shrinking the 
     domestic oil and gas industry;
       (6) the world's richest oil producing regions in the Middle 
     East are experiencing increasingly greater political 
     instability;
       (7) United Nations policy may make Iraq the swing oil 
     producing nation, thereby granting Saddam Hussein tremendous 
     power;
       (8) reliance on foreign oil for more than 60 percent of our 
     daily oil and gas consumption is a national security threat;
       (9) the level of United States oil security is directly 
     related to the level of domestic production of oil, natural 
     gas liquids, and natural gas; and
       (10) a national security policy should be developed that 
     ensures that adequate supplies of oil are available at all 
     times free of the threat of embargo or other foreign hostile 
     acts.
       (c) Definitions.--In this section:
       (1) Board.--The term ``Board'' means the Loan Guarantee 
     Board established by subsection (e).
       (2) Program.--The term ``Program'' means the Emergency Oil 
     and Gas Guaranteed Loan Program established by subsection 
     (d).
       (3) Qualified oil and gas company.--The term ``qualified 
     oil and gas company'' means a company that--
       (A) is incorporated under the laws of any State;
       (B) is--
       (i) an independent oil and gas company (within the meaning 
     of section 57(a)(2)(B)(i) of the Internal Revenue Code of 
     1986); or
       (ii) a small business concern under section 3 of the Small 
     Business Act (15 U.S.C. 632) that is an oil field service 
     company whose main business is providing tools, products, 
     personnel, and technical solutions on a contractual basis to 
     exploration and production operators who drill, complete, 
     produce, transport, refine and sell hydrocarbons and their 
     by-products as their main commercial business; and
       (C) has experienced layoffs, production losses, or 
     financial losses since the beginning of the oil import 
     crisis, after January 1, 1997.

[[Page 5189]]

       (d) Emergency Oil and Gas Guaranteed Loan Program.--
       (1) In general.--There is established the Emergency Oil and 
     Gas Guaranteed Loan Program, the purpose of which shall be to 
     provide loan guarantees to qualified oil and gas companies in 
     accordance with this section.
       (2) Loan guarantee board.--There is established to 
     administer the Program a Loan Guarantee Board, to be composed 
     of--
       (A) the Secretary of Commerce, who shall serve as 
     Chairperson of the Board;
       (B) the Secretary of Labor; and
       (C) the Secretary of the Treasury.
       (e) Authority.--
       (1) In general.--The Program may guarantee loans provided 
     to qualified oil and gas companies by private banking and 
     investment institutions in accordance with procedures, rules, 
     and regulations established by the Board.
       (2) Total guarantee limit.--The aggregate amount of loans 
     guaranteed and outstanding at any 1 time under this section 
     shall not exceed $500,000,000.
       (3) Individual guarantee limit.--The aggregate amount of 
     loans guaranteed under this section with respect to a single 
     qualified oil and gas company shall not exceed $10,000,000.
       (4) Minimum guarantee amount.--No single loan in an amount 
     that is less than $250,000 may be guaranteed under this 
     section.
       (5) Expeditious action on applications.--The Board shall 
     approve or deny an application for a guarantee under this 
     section as soon as practicable after receipt of an 
     application.
       (f) Requirements for Loan Guarantees.--The Board may issue 
     a loan guarantee on application by a qualified oil and gas 
     company under an agreement by a private bank or investment 
     company to provide a loan to the qualified oil and gas 
     company, if the Board determines that--
       (1) credit is not otherwise available to the company under 
     reasonable terms or conditions sufficient to meet its 
     financing needs, as reflected in the financial and business 
     plans of the company;
       (2) the prospective earning power of the company, together 
     with the character and value of the security pledged, provide 
     a reasonable assurance of repayment of the loan to be 
     guaranteed in accordance with its terms;
       (3) the loan to be guaranteed bears interest at a rate 
     determined by the Board to be reasonable, taking into account 
     the current average yield on outstanding obligations of the 
     United States with remaining periods of maturity comparable 
     to the maturity of the loan; and
       (4) the company has agreed to an audit by the General 
     Accounting Office, before issuance of the loan guarantee and 
     annually while the guaranteed loan is outstanding.
       (g) Terms and Conditions of Loan Guarantees.--
       (1) Loan duration.--All loans guaranteed under this section 
     shall be repayable in full not later than December 31, 2010, 
     and the terms and conditions of each such loan shall provide 
     that the loan agreement may not be amended, or any provision 
     of the loan agreement waived, without the consent of the 
     Board.
       (2) Loan security.--A commitment to issue a loan guarantee 
     under this section shall contain such affirmative and 
     negative covenants and other protective provisions as the 
     Board determines are appropriate. The Board shall require 
     security for the loans to be guaranteed under this section at 
     the time at which the commitment is made.
       (3) Fees.--A qualified oil and gas company receiving a loan 
     guarantee under this section shall pay a fee in an amount 
     equal to 0.5 percent of the outstanding principal balance of 
     the guaranteed loan to the Department of the Treasury.
       (h) Reports.--During fiscal year 1999 and each fiscal year 
     thereafter until each guaranteed loan has been repaid in 
     full, the Secretary of Commerce shall submit to Congress a 
     report on the activities of the Board.
       (i) Salaries and Administrative Expenses.--For necessary 
     expenses to administer the Program, $2,500,000 is 
     appropriated to the Department of Commerce, to remain 
     available until expended, which may be transferred to the 
     Office of the Assistant Secretary for Trade Development of 
     the International Trade Administration.
       (j) Termination of Guarantee Authority.--The authority of 
     the Board to make commitments to guarantee any loan under 
     this section shall terminate on December 31, 2001.
       (k) Regulatory Action.--Not later than 60 days after the 
     date of enactment of this Act, the Board shall issue such 
     final procedures, rules, and regulations as are necessary to 
     carry out this section.
       (l) Emergency Designation.--The entire amount made 
     available to carry out this section--
       (1) is designated by Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(A)); and
       (2) shall be available only to the extent that the 
     President submits to Congress a budget request that includes 
     designation of the entire amount of the request as an 
     emergency requirement.

  The PRESIDING OFFICER. Without objection, the amendments are agreed 
to.
  Mr. STEVENS. Mr. President, I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. STEVENS. Mr. President, again, I say to the Senate that I 
appreciate the consideration of all concerned for having not objected 
in areas where they might have objected. The bulk of these amendments 
are amendments we will consider at length with the House. I hope we 
will be able to convince the House of their merit. We will also 
consider some of the objections that may be raised from Members of the 
Senate individually, from the administration, or from the Congressional 
Budget Office. We will do our best to have a bill that warrants the 
approval of the Senate.
  Mr. REID. Will the manager yield for an inquiry?
  Mr. STEVENS. Yes.
  Mr. REID. It is my understanding that, other than the Kosovo 
amendment, there are no other amendments in order; is that true?
  Mr. STEVENS. That is not quite true. We still have many amendments on 
the list. We are led to believe that no other amendments will be raised 
from that list based on the negotiations we have had so far, with one 
exception, and I have it in my hand. It is the majority leader's 
amendment.


                           Amendment No. 142

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

       The Senator from Alaska [Mr. Stevens], for Mr. Lott, 
     proposes an amendment numbered 142.
       At the appropriate place, insert the following:
       ``that the presiding officer of the Senate should apply all 
     precedents of the Senate under Rule 16, in effect at the 
     conclusion of the 103rd Congress.''

  Mr. LOTT. This amendment is a very simple one. In March 1995, the 
beginning of the 104th Congress, the Senate overturned a ruling of the 
Chair with respect to legislation on an appropriations bill. Ever since 
that March day, Senators have not been able to raise a point of order 
against certain amendments offered to appropriations bills. Any 
amendment dealing with matters not addressed in the specific 
appropriations bill would no longer be subject to a point of order and 
therefore are always in order, regardless of the subject matter.
  In this Senator's opinion, once that prohibition was lifted, the 
appropriations process was weakened by Senators on both sides of the 
aisle offering nonrelated amendments to very vital and time-sensitive 
appropriations bills. Having said that, I, along with the chairman of 
the Appropriations Committee, the ranking minority member and the 
Democratic leader have been attempting to resolve this and other issues 
we believe weaken the appropriations process. There are several 
resolutions pending in the Rules Committee that address some of these 
issues. However, final committee disposition has not been reached with 
respect to those resolutions.
  Therefore, I think it is time for the Senate to take this first step 
toward strengthening the appropriations process and reinstating what 
had been a part of the Senate Rules for well over 100 years. The time 
is now and I hope all Senators will be able to support this initial but 
important step to a more responsible legislative process.
  Mr. STEVENS. Mr. President, I might say to the Senate that I made the 
statement that the managers would object to any amendments that were 
not agreed to on both sides. We made an exception in that case for the 
leaders' amendments. We have taken the amendments from the 
distinguished minority leader. This is the last one of the majority 
leader. I understand there will be objection on the other side. 
Therefore, I will ask that it

[[Page 5190]]

be set aside temporarily awaiting the majority leader's return, so he 
can decide what he wants to do with his amendment. He asked me to offer 
it.
  I also state for the Record that although I did agree to make a 
motion to table on any amendments that were not agreed to on both 
sides, I made an exception in that situation for my colleague from 
Alaska, which I had cosponsored. That has been taken care of. My friend 
from Nevada made a motion to table that. We will let the Senate decide 
that issue. Other than that, as I understand it, we are in the 
situation that the last remaining matter is the amendment of the 
Senator from Texas.
  I ask unanimous consent that the amendment of the majority leader be 
temporarily laid aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. Mr. President, I give notice to the Senate that 
following the vote on the tabling motion offered by the Senator from 
Nevada, I shall ask unanimous consent to vitiate the remainder of the 
amendments on the list, and the only remaining amendments will be 
Senator Lott's amendment and the amendment of the Senator from Texas, 
the Kosovo amendment, which has to be disposed of one way or another 
for us to finish this evening. So at this time, does any Member have an 
amendment they wish to offer?
  Mr. President, if not, let me take a couple minutes for myself on the 
Kosovo question. I am glad the Senator from Virginia has given me this. 
I was one of those that was invited to the White House this morning. As 
I approached the problem of listening again to the question of what we 
should do in Kosovo, I listened to a President that I think has made up 
his mind to initiate the air war.
  I am a very pragmatic Senator. My feeling was that if that was going 
to go forward, the people who were going to carry out that order 
deserve the support of this Congress. But I also had the feeling that 
we should assure ourselves that none of the funds that we have made 
available to the Department of Defense in the past, or through this 
bill we are considering now, could be used for initiating a ground war 
in this area. I so stated to the President that while I had severe 
reservations about the air war, he is the Commander in Chief, and if he 
has made the decision that it is going to take place, we have no way to 
stop that. But we do have a way to signal to the men and women of the 
Armed Forces that we do understand they are subject to the commands of 
their Commander in Chief, and when they undertake fulfilling those 
commands by going outside the United States in particular to carry out 
the policies of this country, I think they deserve to know that the 
Congress supports them.
  I therefore came back thinking we would have a joint resolution that 
the President would be asked to sign setting forth those two conditions 
which were ably set forth by Senator Byrd. Senator Byrd spoke ahead of 
me at that meeting, and he, strangely enough, made the statement that I 
had determined I was going to make at the meeting. The situation was 
that I returned thinking we would have a joint resolution.
  We now will have before us a Senate concurrent resolution, which is a 
form that we all know does not require the signature of the President. 
I understand that is being done for reasons beyond our control. But we 
no longer have the resolution Senator Byrd originally discussed, and it 
is my understanding from talking to Senator Byrd that he has consented 
to consolidating that into a direct statement of one sentence. I expect 
that to be offered soon.
  The second version I had intended to propose and Senator Byrd did 
propose was about the introduction of the Armed Forces of the United 
States into this area that I understand was to be deleted.
  I am now informed by Senators Biden and Warner that there is an 
agreement that that section will be put back into this concurrent 
resolution, which will once again contain the prohibition against funds 
to introduce ground forces of the United States into this area in a 
nonpermissive environment, meaning in terms of combat or in terms of 
imminent combat. They could go into a nonpermissive environment to 
carry out the procedure we thought we might be involved in, in terms of 
introducing 4,000 troops along with NATO in a peacekeeping effort. 
Section 2 of this resolution does not address that from the point of 
view of the intent of this Senator.
  But I do want to make it clear that I believe this is probably the 
most dangerous area of the world for our Armed Forces to be involved. I 
know really of no place in the world I would fear more, as a pilot 
flying over those mountains with the ground-to-air defenses that I know 
exist there, as much as this area of the former Yugoslavia. It is, 
beyond question, the most complicated area for military activity, far 
beyond Bosnia and far beyond what we might have contemplated in World 
War II in Europe in terms of where we operated with American Armed 
Forces.
  This area consumed several Nazi divisions--21. Is that correct, Mr. 
President? It consumed them, destroyed them, in terms of the action of 
the partisans in that area.
  If this bombing does not bring about a cessation of the genocide we 
believe is going to take place or is taking place, then it is going to 
be a very, very difficult problem to decide what to do. And I think the 
Congress has to be involved before that plan is agreed to by the U.S. 
representatives and NATO.
  Above all, I hope the message will go out to the people who represent 
this country in connection to NATO, they are not to make agreements 
about injection of Armed Forces of this country in a ground war before 
approval of the Congress. That, to me, would be unconscionable. And I 
am delighted my friends have agreed to put this section 2 in.
  Mr. President, I just want to close with this. There is no other 
word. I used it with the President. I have a ``gut feeling,'' a ``deep 
gut feeling,'' that we have initiated something which will be very hard 
to control from now on. This will require the consideration and really 
the absolute concentration of every American to try to get out of this 
place without severe loss of life.
  I urge the Members of Congress to understand that the President has 
made this decision. And it is not ``if.'' It is ``when.'' And when it 
happens, we have to be united behind our Armed Forces. That is all 
there is to it.
  I yield the floor.
  Mr. WARNER addressed the Chair.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. Mr. President, I wish to thank our colleague from Alaska.
  There is an important provision we have incorporated in the draft 
resolution which Senator Biden and I have circulated among our 
colleagues. I think it is important, since it is not at the desk, that 
I just read it so that it can be reviewed by Senators.
  Section 1 remains as I read it.
  Section 2, which is a derivative of, again, work by the Senator from 
Alaska and, indeed, the distinguished Senator from West Virginia--the 
original concept of this was in drafts prepared by Senator Byrd earlier 
today. And I shall read it.

       None of the funds available to the Department of Defense 
     (including funds appropriated for fiscal year 1999 or prior 
     years) may be used for the introduction of ground forces of 
     the Armed Forces of the United States into the Federal 
     Republic of Yugoslavia (Serbia and Montenegro) in a non-
     permissive environment, with the exception of (1) any 
     intelligence or intelligence-related activities or 
     surveillance or the provision of logistical support or (2) 
     any measures necessary to defend the Armed Forces of the 
     United States or NATO allies against an immediate threat or 
     to defend United States citizens in the area described in 
     this resolution.

  Mr. STEVENS. Mr. President, will the Senator yield right there?
  Mr. WARNER. Yes.
  Mr. STEVENS. Mr. President, I believe Senator Byrd is correct that 
there should be a reporting requirement added to this. But I leave that 
for us to determine at a later time.
  I thank the Senators involved, and, with the reinsertion of section 
2, I ask that I be made a cosponsor of the resolution.

[[Page 5191]]


  Mr. BIDEN. Mr. President, will the Senator yield for a brief comment? 
Because I know the Senator from West Virginia wishes to speak on this.
  I want to be clear. I think the recommendation and the suggestion of 
the Senator from Alaska, which is consistent with what the Senator from 
West Virginia and he both said today to the President, is a good idea. 
I personally am prepared to accept that.
  I just add one caveat. I need another 3 or 4 minutes to run the 
traps. I want to make it clear, I accept this. I accept this 
personally. I think it makes sense. But I have calls in to several of 
our colleagues as to whether or not, since they were part of this on 
our side, they will go with this. I am confident. I believe they will. 
But I just want to be absolutely clear, and I think we should proceed. 
But I see the Senator from West Virginia who wishes to speak. I think 
it is a great and significant commitment that he has made with regard 
to the nonpermissive piece of this. I think it makes sense.
  Mr. STEVENS. Mr. President, I withhold my request to cosponsor until 
I know the section 2 is in the resolution.
  The PRESIDING OFFICER. The Senator from Virginia holds the floor.
  Mr. WARNER. I yield the floor.
  Mr. KERRY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KERRY. Mr. President, may I inquire of the Senator how long he 
thinks it might be before we may be voting?
  Mr. STEVENS. Mr. President, the Senator has inquired of me, and I am 
pleased to say by previous order we shall vote at 6:45 on a motion to 
table the Murkowski amendment. Following that, we hope to get back to 
the two other amendments. One is the amendment of the Senator from 
Texas on Kosovo, and the other one is the distinguished majority 
leader's amendment. I think we will dispose of them rather quickly and 
vote on the bill.
  Mr. KERRY. Mr. President, I ask unanimous consent that I be permitted 
to speak as if in morning business until the time of the vote.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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