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August 10, 1984
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4- I Approved For Release 2008/09/15: CIA-RDP86B00338R000400560004-5 S 10636 CONGRESSIONAL RECORD - SEN TE On page 20, line 1, before "The" insert "(b)". On page 21, line 2, strike out "401(a)(2) of this Act" and insert in lieu thereof "131(a)(2)". On page 23, lines 3 and, strike out "section 103(b) of this title" and insert in lieu there- of "subsection (b)". On page 23, line 14, strike out "section 103 (d) and (e) of this title" and insert in lieu thereof "subsections (d) and (e) of this sec- tion". On page 23, line 25 strike out "Section 103(b) of this title' and insert in lieu thereof "subsection (b)". On page 24, line 22 strike out "SEC. 201." and insert in lieu thereof "SEC. 111.". On page 25, line 21, strike out "204" and insert in lieu thereof "114". On page 26, line 3. strike out "SEC. 202." and insert in lieu thereof "SEC. 112.". On page 26, line 3, strike out "201(a)" and insert in lieu thereof "111(a)". On page 26, line 6. strike out "section 202(d) of this title" and insert in lieu there- of "subsection (d)". On page 26, line 7, strike out "201(a)" and insert in lieu thereof "111(a)". On page 26, line 15. strike out "201(a)" and insert in lieu thereof "111(a)". On page 27, line 9, strike out "201(a)" and insert in lieu thereof "111(a)". On page 27, line 13, strike out "201(a)" and insert in lieu thereof "111(a)". On page 27, line 15, strike out "203" and insert in lieu thereof "113". On page 27, line 17, strike out "201" and insert in lieu thereof "111". On page 27. line 18, strike out "201(a)" and insert in lieu thereof "111(a)". On page 27, line 24, strike out "203" and insert in lieu thereof "113". On page 28, line 2, strike out "201" and insert in lieu thereof "111". On page 28, line 3, strike out "Sec. 203." and insert in lieu thereof "SEC. 113.". On page 28, line 4, strike out "201(b)" and insert in lieu thereof "111(b)". On page 28, lines 7 and 8, strike out "sec- tion 203(c of this title" and insert in lieu thereof "subsection (c)". On page 28, line 13, strike out "201(b)" and insert in lieu thereof "111(b)". On page 28, line 13, strike out "201(b)" and insert in lieu thereof "1110?)". On page 30, line 9, strike out "201(b)" and insert in lieu thereof "111(b)". On page 30, line 13, strike out "201(b)" and insert in lieu thereof "111(b)". On page 30, line 19, strike out "202" and insert in lieu thereof "112". On page 30, line 20. strike out "201" and insert in lieu thereof "111". On page 30, line 21. strike out "SEC. 204." and insert in lieu thereof "SEC. 114.". On page 30, line 21, strike out "?01(c)" and insert in lieu thereof "111(c)". On page 30, line 25, strike out "section 204(e) of this title" and insert in lieu there- of "subsection (e)". On page 31, line 25, strike out "section 204(c) of this title" and insert in lieu there- of "subsection (e)". On page 31, line 4. strike out "section 204(c) of this title" and insert in lieu there- of "subsection (c)". On page 31, line 16, strike out "201(c)" and insert in lieu thereof "111(c)". On page 31, lines 22 and 23. strike out "subsection (b)(1)" and insert in lieu thereof "paragraph (1)". On page 32, line 7. strike out "201(c)" and insert in lieu thereof "111(c)". On page 33, line 13, strike out "201(c)" and insert In lieu thereof "111(c)". On page 33, line 18, strike out "203" and insert in lieu thereof "113". On page 33, line 20. strike out "SEC. 301." and Insert in lieu thereof "SEC. 121.". On page 34, line 4. strike out "SEC. 302." and insert in lieu thereof "SEC. 122.". On page 34, line 17, strike out "202, 203, and 204" and insert in lieu thereof "112, 113, and 114". On page 35, line 3, strike out "SEC. 303." and insert in lieu thereof "SEC. 123.". On page 35, line 8, strike out "SEC. 401." and insert in lieu thereof "SEC. 131.". On page 36, line 16. strike out "201" and insert in lieu thereof "111". On page 36, line 24, strike out "SEC. 101." and insert in lieu thereof "SEC. 201.". On page 37, line 13, strike out "SEC. 101." and insert in lieu thereof "SEC. 201.". On page 38, line 8, strike out "SEC. 101." and insert in lieu thereof "SEC. 401." On page 39, line 8, strike out "SEC. 102." and insert in lieu thereof "SEC. 402.". On page 52, line 1, strike out "SEC. 103." and insert in lieu thereof "SEC. 403.". On page 53, line 9, strike out "SEC. 104." and insert in lieu thereof "SEC. 404.". On page 53, line 12, strike out "SEC. 105." and insert in lieu thereof "SEC. 405.". On page 53, line 18, strike out "SEC. 101." and insert in lieu thereof "SEC. 501.". AMENDMENT No. 3711 On page 25, line 23, strike out "In no" and all that follows through line 2- in page 26 and insert in lieu thereof the following: "Subject to the amounts available in the Fund, each State of the United States and the District of Columbia shall receive not less than $100,000 under subsections (a) and (b) of this section." SPECTER AMENDMENT NO. 3712 Mr. BAKER (for Mr. SPECTER) pro- posed an amendment to the bill (S. 2423), supra, as follows: To amend S. 2423 on page 28 by renum- bering subparagraph (2) as subparagraph (3) and inserting the following new para- graph after line 18: "(2) certify that priority shall be given to eligible recipient organizations for programs providing assistance to victims of sexual as- sault, spousal abuse or child abuse; and" NOTICES OF HEARINGS COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS Mr. D'AMATO. Mr. President, I wish to announce for the information of the Senate and the public that I will chair a Senate Banking Committee field hearing in New York City on August 28 at 10 a.m. at Federal Hall, Wall Street, New York, NY. STUDY OF SENATE COMMITTEE SYSTEM ? Mr. QUAYLE. Mr. President, I am submitting for the RECORD a summary of the 2 days of hearings held by the Temporary Select Committee To Study the Senate Committee System. All Senators will be interested in the ideas that have been expressed, and I wish to reiterate that the Select Com- mittee continues to solicit the com- ments of all Senators so that our rec- ommendations can be based on as solid a base as possible. The Select Commit- tee's address is SR-B42. Phone 4-2740. The summary follows: SUMMARY OF HEARINGS HELD JULY 31, 1984 AND AUGUST 2, 1984 BY THE TEMPORARY SELECT COMMITTEE TO STUDY THE SENATE COMMITTEE SYSTEM JULY 31, 1984 Senator Quayle stressed two points in his opening statement. First, he wanted to ex- plore the question of committee and sub- committee proliferation and assignment lim- itations. Second, he wanted to consider the question of streamlining the budget-author- ization-appropriations process in the inter- est of reducing the perceived redundancies. Senator Ford stressed that unless the present system of committee organization and operation is clearly defective and unless a proposed change is quite clearly an effec- tive remedy for the problem, the Committee should not recommend a change to the Rules Committee or to the Senate. He pointed out that If the Senate workload is too great then corrective action must be di- rected at that problem, not at the organiza- tional system that is used to address the work. Merely renaming the organizations through which the work. is accomplished will result in no change. SENATOR HOWARD BAKER Senator Baker addressed seven points in his testimony. First, increasingly the impor- tant work of the Senate is done In commit- tees rather than on the floor of the Senate. Second, the Senate has too big a workload because of the proliferation of bills, amend- ments and issues in the committee system. Third, the budget process imposes a 3- layer structure that allows issues to surface again and again. There is a need to consoli- date these functions or coordinate them more efficiently. One possibility, which Sen- ator Baker said he used to support but no longer does, is that of eliminating the au- thorizing committees and assigning to a super appropriation committee the separate responsibilities that are now performed by the authorizing and appropriating commit- tees. Another option is to give the appropri- ating authority to the individual authoriz- ing committees and possibly authorize and appropriate in the same bill. Fourth, Congress needs a dependable system for overseeing the intelligence oper- ation such as a Joint Committee on Intelli- gence, with members appointed by the lead- ership in both Houses on both sides. There should be a professional staff, not a biparti- san staff. Currently the staff of the Intelli- gence Committees is huge and the commit- tees are prone to leaks of sensitive informa- tion. Fifth, Congress should hold more hear- ings away from Washington. Sixth, Congress should not be in session so long. There should be two sessions each year instead of two per Congress. The first session would be an authorizing session, and the second would be an appropriating ses- sion with approximately 60 days in between to hold field hearings mentioned above. Seventh, the leaders are primarily adlnin- istrators and do not have sufficient time to discharge their legislative responsibilities. The leaders should not be members of any committees, but rather should be ex officio members of all committees. In addition. Senator Baker agreed that the numbers of committees should be con- solidated and assignment rules should be more rigidly enforced and that two-year au- thorizations and appropriations would be one way of simplifying the budget process. Approved For Release 2008/09/15: CIA-RDP86B00338R000400560004-5 Approved For Release 2008/09/15: CIA-RDP86B00338R000400560004-5 August 10, 1984 CONGRESSIONAL RECORD - SENATE for the government' and 'United States at- torney', as used in the Federal Rules of Criminal Procedure, shall, when applicable to cases arising under the laws of the North- ern Mariana Islands, include the Attorney General of the Northern Mariana Islands or such other person or persons as may be au- thorized by the laws of the Northern Mari- ana Islands to act therein.' "SEC. 902. Section 2(a) of the Act of No- vember 8, 1977 (91 Stat. 1266; 48 U.S.C. 1694(a)), is amended to read as follows: "'(a) The District Court for the Northern Mariana Islands shall have the jurisdication of a district court of the United States, in- cluding, but not limited to, the diversity ju- risdiction provided for .in section 1332 of title 28, United States Code, and that of a bankruptcy court of the United States. With respect to the government of the Trust Territory of the Pacific Islands or its agencies of instrumentalities the jurisdic- tion of the district court shall extend only (a) to actions brought by that government or its agencies or instrumentalities, (b) to actions brought aganist that government or its agencies or instrumentalities based upon a commercial activity carried on by that government or its agencies or instrumental- ities within the Northern Mariana Islands, and (c) to actions in which money damages are sought against that government or its agencies or instrumentalities for personal injury or death, or damage to or loss of property, occurring in the Northern Mari- ana Islands and caused by the tortious act or omission of that government or its agen- cies or instrumentalities, or of any official or employee thereof while acting within the scope of his office or employment, except any claim based upon the exercise or failure to exercise a discretionary function, regard- less of whether the discretion be abused, or any claim arising out of malicious prosecu- tion, abuse of process, libel, slander, misrep- resentation, deceit or interference with con- tract rights. In any suit by or against the government of the Trust Territory or its agencies, or instrumentalities permissible under this section, that government or its agencies or instrumentalities shall be enti- tled to such rights and privileges as are ap- plicable to the United States when it is a party. In cases in which the district court would have no jurisdiction over the govern- ment of the Trust Territory of the Pacific Islands if suit were brought against it, the district court shall equally have no jurisdic- tion over actions brought against the offi- cers or employees of that government or its agencies or. instrumentalities with respect to their acts or omissions colorably related to their official duties.". "SEC. 903. Section 3 of the Act of Novem- ber 8, 1977 (91 Stat. 1266; 48 U.S.C. 1694b) is amended to read as follows: "'SEC. 3. (a) Prior to the establishment of an appellate court for the Northern Mari- ana Islands the district court shall have such appellate jurisdiction over the courts established by the Constitution or laws of the Northern Mariana Islands as the Consti- tution and laws of the Northern Mariana Is- lands provide, except that such Constitution and laws may not preclude the review of any judgment or order which involves the Constitution, treaties, or laws of the United States, including the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (90 Stat. 263) (hereinafter referred to as "Covenant"), or any authority exercised thereunder by an officer or agency of the Government of the United States, or the conformity of any law enacted by the legislature of the Northern Mariana Islands or of any orders or regulations issued or actions taken by the executive branch of the government of the Northern Mariana-Islands with the Constitution, trea- ties, or laws of the United States, including the Covenant or with any authority exer- cised thereunder by an officer or agency of the United States. "(b) Appeals to the district court shall be heard and determined by an appellate divi- sion of the court consisting of three judges, of whom two shall constitute a quorum. The judge appointed for the court by the Presi- dent shall be the presiding judge of the ap- pellate division and shall preside therein unless disqualified or otherwise unable to act. The other judges who are to sit in the appellate division at any session shall be designated by the presiding judge from among the judges assigned to the. court from time to time pursuant to section 1(b)(2) of this Act: Provided, That no more than one of them may be a judge of a court of record of the Northern Marina Islands. The concurrence of two judges shall be nec- essary to any decision by the appellate divi- sion of the district court on the merits of an appeal but the presiding judge alone may make any appropriate orders with respect to an appeal prior to the hearing and determi- nation thereof on the merits and may dis- miss an appeal for want of jurisdiction or failure to take or prosecute it in accordance with the applicable law or rules of proce- dure. "'(c) The United States Court of Appeals for the Ninth Circuit shall have jurisdiction of appeals from all final decisions of the ap- pellate division of the district court. The United States Court of Appeals for the Ninth Circuit shall have jurisdiction to pro- mulgate rules necessary to carry out the provisions of this subsection.'. SEC. 904. Section 4 of the Act of November 8, 1977 (91 Stat. 1266, 48 U.S.C. 1694c) is amended by inserting the words, "including the Supreme Court of the United States," between the words "courts of the United States" and "and". "TITLE X "GENERAL PROVISIONS "SEC. 1001. With respect to cases and con- troversies which may have arisen or may arise in the Northern Mariana Islands against the Government of the Trust Terri- tory of the Pacific Islands over which the District Court of the Northern Mariana Is- lands lacks jurisdiction, the High Court of the Trust Territory of the Pacific Islands shall have such jurisdiction as it possessed on January 8, 1978. "SEC. 1002. Sections 335, 336 and 402(e) of the Act of November 6, 1978 (92 Sat. 2680, 2682) are repealed. "SEC. 1003. (a) Any judge or former judge who is receiving, or will upon attaining the age of sixty-fivew years be entitled to re- ceive, payments pursuant to section 373 of title 28, United States Code may elect to become a senior judge of the court on which he served while on active duty. "(b) The Chief Judge of a?Judicial Circuit may recall any such senior judge of his cir- cuit, with the judge's consent, to peform in the District court of Guam, the District Court of the Virgin Islands, or the District court for the Northern Mariana Islands such judicial duties and for such periods of time as the Chief Judge may specify. "(c) Any act or failure to act by a senior judge performing judicial duties pursuant to this section shall have the same force and effect as if it were the act or failure to act of a judge on active duty; but such senior judge shall not be counted as a judge. of the court on which he is serving for purposes of the number of judgeships authorized for that court. S 10635 "(d) Any senior judge shall be paid, while performing duties pursuant to this section, the same compensation (in lieu of payments pursuant to section 373 of title 28, United States Code) and the same allowances for travel and other expenses as a judge in active service. "(e) Senior judges under subsection (a) of this section shall at all times be governed by the Code of judicial conduct for the United States judges, approved by the Judicial Con- ference of the United States. "(f) Any person who has elected to be a senior judge under subsection (a) of this sec- tion and who thereafter- "(1) accepts civil office or employment under the Government of the United States (other than the performance of judicial duties pursuant to subsection (b) of this sec- tion); "(2) engages in the practice of law; or "(3) materially violated the Code of Judi- cial conduct for the United States judges, shall cease to be a senior judge and to be eli- gible for recall pursuant to subsection (b) of this section. "SEC. 1004. The prosecution in a Territory or Commonwealth is authorized-unless precluded by local law-to seek review or other suitable relief in the appropriate local or federal appellate court, or, where applica- ble, in the Supreme Court of the United States from- "(a) a decision, judgment, or order of a trial court dismissing an indictment or in- formation as to any one or more counts, except that no review shall lie where the constitutional prohibition against double jeopardy would further prosecution; "(b) a decision or order of a trial court suppressing or excluding evidence or requir- ing the return of seized property in a crimi- nal proceeding, not made after the defend- ant has been put in jeopardy and before the verdict or finding on an indictment or infor- mation,. if the prosecution certifies to the trail court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding. "(c) an adverse decision, judgment, or order of an appellate court. "SEC. 1005. The provisions of sections 706(a), 802(a), and 901(a) of this Act extend- ing the terms of district court judges of the Virgin Islands, Guam, and the Northern Mariana Islands, respectfully, from eight to ten years shall be applicable to the judges of those courts holding office on the effec- tive date of this Act. "SEC. 1006. Titles VII, VIII, IX, and X of this Act shall become effective on the nine- tieth day following their enactment.". VICTIMS OF CRIME ASSISTANCE ACT OF 1984 THURMOND AMENDMENT NO. 3710 AND NO. 3711 Mr. BAKER (for Mr. THURMOND) proposed an amendment to the bill (S. 2423) to provide financial assistance to the States for the purpose of compen- sating and otherwise assisting victims of crime, and to provide funds to the Department of Justice for the purpose of assisting victims of Federal crime, as follows: AMENDMENT NO. 3710 On page 18, line 20, before "The" insert "SEC. 2. (a)". Approved For Release 2008/09/15: CIA-RDP86B00338R000400560004-5 Approved For Release 2008/09/15: CIA-RDP86B00338R000400560004-5 1 August 10, 1984 CONGRESSIONAL RECORD SENATE S 10637 He also suggested a two-year authorization be no scheduling conflicts between Appro- the Senate allows the consideration of legis- cycle and an annual appropriations cycle. priations and the authorizing committees lative riders on appropriations bills despite He also pointed. out that the authority of because each phase would be dealt with the prohibiting rule. The process is the way the, Appropriations Committee is less clear- during different parts of tl}e legislative ses- it is, because a majority of'the Senate wants cut than ten years ago because of authoriza- sion. it to be that way. ton-appropriations hybrids such as the enti- SENATOR DANIEL EVANS The same applies to the committee tlement programs which effectively bypass Senator Evans made five points in his tes, system. If senators have too many assign- the appropriations process. timony. First, there is a need for, efficiency ments, it is because they have chosen to Senator Baker noted that Senator John- and effectiveness in scheduling the Senate have them. ston's proposal to make the Budget Com- work week. The Senate has grown accus- Authorizations should be multi-year, leav- mittee a subcommittee or a joint committee tomed to a three-day work week. There ing annual tinkering to the appropriations of both Appropriations and Finance mem- should be a three-week cycle. The first two process. bers with the budget resolution approved by weeks would be five-day work weeks and the Rule 25, paragraph 4 of the Senate Rules, both the Appropriations Committee and the third week the Senate would not be in ses- limiting. assignments to 2 A committees, Finance Committee was a logical proposal, sion at all so that the members would have should be enforced. This would reduce com- but added that he would include the Com- an opportunity to spend quality time back mittee size, staff levels and expenditures as merce Committee and the Environment and in their home communities. This, would also well as speed the handling of legislation and Public- Works Committee because of the allow for the holding of more field hearings, sharpen the focus of senators' attention. impact' of the, budget resolution on those as Senator Baker has suggested. Senator' Quayle described his 11 units pro- committees. He also suggested getting away The committee assignment and operation posal and suggested that it a member from a budget resolution altogether and let- process is disappointing, frustrating, ineffec- wanted to serve on a 12th unit he could not ting the committee report to the leadership tive and inefficient. There should be a total be counted as, part of a quorum. Senator or the Senate as a whole on levels of spend, of 100 seats on the exclusive committees Hatfield stressed the Senate tradition of ac- ing. (Armed Services, Foreign Relations, Finance commodation, that committee sizes would FORMER SENATOR HENRY BELLMON and Appropriations) instead of the current continue to increase and members would Senator Bellmon made the following 85 seats so that each senator' would have continue to acquire waivers because the points. - one seat on an exclusive committee. A fur- Senate had a certain flexibility that allowed The Committee on Indian Affairs should ther option is to combine the rest of the, A it to circumvent the rules. not have been a permanent committee, but committees and the B committees so that The lack of order in the Senate follows should rather have been fused. back into the they equal 100 slots: Then each member from the lack of order in most senators' of- Energy Commmittee. would be limited to 2 committees: In ad'di- fices. Fiscal policy takes up so much of Con- tion, committees' should be divided into Senator' Quayle asked if it would be possi- gress' time because It is such a'serious prob- classes for the purpose of scheduling meet- ble:. to deal with the defense authorization lem, not because of deficiencies in the orga- ings with each class' having certain times to and appropriations on the floor at the same nizational structure of the Senate. meet. This would reduce the meeting con- time, as one bill. Senator Hatfield responded There are too many claims on Senators' flicts for?members. that it was. possible if a majority of the time. The schedule and the workload should Third, there Is a need to recreate mean- Senate agreed to do so, but pointed out that be better organized. ingful debate on. the Senate floor. This sometimes the appropriations bills were the The budget cycle should be a biennial could be done by scheduling debate on only vehicle available to members to force cycle. The appropriations process should major issues at certain times: such as late the consideration of controversial issues also be biennial. This would free up one ses- afternoon, and by not allowing committees that the committees avoided. sion in every Congress to deal exclusively to schedule meetings during' that time. Senator Johnston asked Senator Hat- with authorization and oversight. Members should also vote from their seats field's opinion of making the Budget Com- T'heoSenate 'should be organized so that in order when the roll is called and when mittee a joint committee or subcommittee each member has a position on one author- recognized by the roll call clerk. of Appropriations and Finance as suggested izing committee and each member sits on Fourth, there is a need for a two-year by the Pearson-Ribicoff Study Group. Sena- either Budget, Appropriations for Finance, budget process because It provides stability tor Hatfield responded that it should be which would all be considered fiscal policy and tends to control undue spending. One given serious consideration. Another possi- committees. Finance would have to counted possibility for the two-year process is for bility was for the Budget Committee to be as both an authorizing committee and a the first year to include budget, authorizing fiscal policy committee. composed of the chairmen of the authoriz- There needs to be greater emphasis on and appropriating and the second year to be ing committees. oversight in Congress, perhaps by creating devoted to oversight. One of the major things lacking in the an oversight committee with across-the- Fifth, the combination of large committee legislative process' today is oversight. The board authority to examine all Federal pro- staffs and the penchant of members to Senate is too busy with day-to-day prob- grams over a five-year cycle with the assist- become deeply involved in various subject lems. Multi-year authorizations would help ance of GAO.. (See Appendix for details of areas results in senators working on policy to alleviate this problem, allowing time to Senator GBellmon!s AO.. Se proposal.) on a level of detail that should be the execu- project into the future and examine the It is necessary to have a ,Budget Commit- tive responsibility. Staff numbers as well as past. tee to recommend to the Senate appropriate committee numbers need to be pared down. SENATOR ROGER JEPSEN fiscal policy and set priorities. Appropria- Senator Quayle suggested that senators tfons7 should recommend specific funding be limited to membership in 11 units (a unit There is a need for more efficient schedul- levels within those priorities: being a committee or a subcommittee) as. a ing of committee meetings. Part of the problem with the budget proc 'way of enforcing: the limitations on commit- There is a need for some kind of enforced ess is the failure of the executive branch to tee membership. Senator Evans said that it germaneness rule. exercise appropriate leadership in expedit- would be a good mechanism because it Speaking for himself and Representative ing the process. would force each member to make a deliber- Lee Hamilton, who was scheduled to testify Under Senator Bellmon's proposals for ate choice about his assignments. He would but could riot appear, Senator Jepsen committee reorganization the A, B, and C suggest a lower number of units, such as 7 stressed that the Joint Economic Commit- designations would be irrelevant. During the or 8. In addition, proxy voting In commit- teg should not be consolidated into the appropriations cycle only the authorizing tees should be abolished so that senators Committee on Banking, Housing, and Urban committees would be operative. Each group would have to attend meetings in order to Affairs as recommended by the Pearson-Ri- of committees would have 106 slots so that vote. bicoff Study Group. The JEC is an effective each senator would serve on one committee Senator Johnston agreed-with the concept formulator of national economic poliey. of each group. of a three-week work week. cycle and that AUGUST' 2, 1984 Senator Wallop expressed his concern there is a need to trim committee staff. Senator Quayle opened the hearing by ex- that wtfh a biennial budget an incoming SENATOR MARK HATFIELD pressing his agreement with Senator Ford's president would have very little influence Although the committee system is often point about avoiding change for change's over the budget when he came into office. perceived as Inefficient It can- be extremely sake and. stressing that the current commit- Senator Bellmon said that there would be a effective in discharging its responsibilities. tee system has served the Senate well. period of several months in which the in- One should be careful about tampering with Senator Ford stated that a little thought coming president could make changes. He 'complex institutions which operate in a should be given to the two-year budget proc- stressed that it was unlikely that a presi- complex environment. Because the Senate ess as a, means of improving the operation of dent would want to redo an entire budget is a political institution; it should not neces- the Senate. and that the president would have suffi- sarily, be a smooth and highly-organized SENATOR TED STEVENS cient time to make major changes. mechanism. It serves a diverse' constituency. Senator Bellmon pointed out that one ad- Congress tolerates inefficiency because Senator Stevens made the following vantage of his proposal is that there would there is a consensus to do so. For example, points in his testimony. Approved For Release 2008/09/15: CIA-RDP86B00338R000400560004-5 Approved For Release 2008/09/15: CIA-RDP86B00338R000400560004-5 .S10638 CONGRESSIONAL RECORD - SENATE August 10, 1984 The Senate has In recent years evolved. vens stated that the legislative committees more time on funding issues than 'on pro- into an institution that performs functions should be limited to 2 subcommittees, with gram design and oversight because of the similar to those of the House of Representa- the exception of Appropriations. Under Sen- greater interest in budgetary decisions. Au- tives rather than emphasizing its unique ator Stevens' plan, the legislative commit- thorizing committees also appear to be de- function as a continuous body. There are tees would have the appropriations author- signing entitlements with trigger levels three basic problems: the proliferation of ity and the Appropriations Committee which is an appropriations-forcing mecha- committees, the overlapping of processes would become Budget and Audit, a pre-ap- nism. This leaves Appropriations with no and the Rules. propriations and post-appropriations "proc- real discretion. First, committee reform in the 1970s, al- ess. whether though it eliminated some committees, has Senator Quayle described his 11 units pro-helpful Spful to ask t the asked Rules C Rules Com m it mittee, would th he ask e resulted in an increase in the number of posal. Senator Stevens agreed that it might Governmenta subcommittees. There are currently 102, work if the younger members of the Senate Budget Committee to examine Committee the Br ud how g the many of which should be consolidated banded together to support change in the Act and make rto eto within their own committees. Some commit- Rules. The Senate as a whole should spend make ant make recommendations t pr c s more on hw to tees should also be eliminated. This would two hours a day in committee or subcommit- make the budget process more efficient. not only reduce the scheduling conflicts and tee for at least three days a week. Senator Chiles responded that this would the num tobers ofin aff proper riled thelp he fed- the Senator Ford mentioned the two-year the 3 commit eesuassessed hef Budget Act n work if a made up members of Senate oral governmenr. budget. Senator Stevens pointed out that it He agreed that the fact that the Budget Act Many times the rule prohibiting commit- would have to be imposed on the Executive came under the jurisdiction of 3 committees tee meetin s more than two hours after the branch 'also. He is opposed to the 2nd was an impediment to changing it. g brudget resolution. Senate is in session is being waived for sub- Senator Kasten added that the redundan- Senator Ford suggested a two-year budget. committees. This rule should only be waived cy of processes also applied to the Executive Senator Chiles agreed that it has some for committees. branch and the Administration witnesses merit but expressed his concern that if the Second, the annual authorization process who must testify repeatedly on the same economic situation changed quickly the is a new factor. The same issues repeatedly issue. Senator Stevens suggested having Budget Committee would not be free to re- come up in the authorization and appropria- joint House and Senate hearings to hear the' spond if it was locked into a two-year proc- tions processes and result in time spent in a testimony of Cabinet officers. ess. He pointed out that state governments redundant fashion. There is a need to take Sentor Dixon stated that proxy votes were are concerned with responding to economic laws that are ingrained in our system out of misused and that much time was wasted in changes, but the federal government tries to the regular reauthorization process and con- the committee system by senators asking affect the change, which would be difficult centrate on oversight instead. The Senate questions just because they felt they must with a two-year budget. Senator Ford point- does not have time for the oversight func- in order to appear interested and knowl- ed out that there could be a supplemental tion because of the proliferation of commit- edgeable. The committee system also takes to take care of such sudden shifts. The two- tees and subcommittees and the time which away from the time spent on the floor. Un- year budget would allow much more time they consume. redundancy of activity and it should be re- and the germaneness rule should be en- Senator Chiles suggested the use of a com- viewed. It is possible to raise an issue, the forced. Senator Stevens reiterated that tole- Auterized schedule to minimize meeting con MX for example, 10 times under the normal vising major debates would help increase flits. In addtion, the proxy rule should be procedure and an unlimited nnormal floor attendance. There is also a need for done away with in order to force senators to times if procedure a senator wants pursue number issue fewer late night sessions so that senators be present to conduct business. Questioning time far. This senator wants is one a the tea- with young children can spend time with should be done on the basis of first come- that for the current lack of them.. first served, pot on the basis of seniority. public confi- The shortest speeches occur when there This would encourage those who are really dence in Congress. are more senators on the floor. Time usage interested to ask questions. Senator Stevens agrees with Senator be controlled through peer pressure. Baker that there is a need for more hear. can SENATOR JOHN TOWER combine the authorization and appropria- tor Johnston's proposal to have Budget There is an unnecessary duplication of ac- tions process. We would do away with the made up of members of Finance and Appro- tivities between the Armed Services Com- authorizing committees and they would priations. This will work against what the mittee and the Defense Appropriations sub- become. subcommittees of Appropriations. Budget Committee tries to do. The Budget committee. Before the Budget Act was en- We would combine Budget and Appropria- Act does provide a timetable for action and acted there was a need for the Appropria- tions to form a Budget and Audit Commit- prohibits certain types of bills being consid- tions Committee to pick and choose among tee so that the real appropriations function ered prior to the adoption of the first all authorizations. The Appropriations Com- of the current Appropriations Committee budget resolution. The recent extreme mittee acted as the fiscal discipline of the would survive. The standing legislative com- delays encountered in getting a budget reso- Congress until 1974. Now the fiscal disci- mittees would end up as authorizing and ap. lution in place are due to political difficul- pline is imposed at the beginning of the propriations subcommittees of a major com- ties and particularly the difficulty of the process with the budget resolution. There- mittee. We would do the budget function in majority in getting 51 votes for its package. fore there is no reason to have both an au- advance and then the. oversight function. When the Budget Act was first enacted the thorization and an appropriations process. There is a need to review the budget process budget resolution was a product of a more The Senate cannot afford to consider major and determine if it is really necessary to centrist approach, not of just one party. pieces of legislation twice every year. Dupli- have a budget resolution plus an authoriza. There is a need to streamline the budget cative hearings are a waste of the Executive tion bill and then an appropriations bill and process, but not eliminate it altogether. The branch's time. The committee of expertise then a reconciliation bill. second budget resolution should be done should be the one to proposed to the Senate There is a need to return to major debates away with and the first one should be con- the course of action on program and the on major issues on the floor. One way of en- sidered binding because it is the key to set- committees of expertise have always been suring meaningful debate is to open the ting tax and spending levels. We should the authorizing committees. Senate to television coverage. There should start the first resolution by April 15 to allow Overlap of committee jurisdictions and also be electronic mail so that senators more time for authorization bills. fragmentation of certain areas of public could be kept Informed while away from The procedures for reconciliation on . the policy is another problem. For example, Washington. budget resolution should be codified. Non- Aging, Veterans' Affairs and Indian Affairs Authorizations have, in general, become budgetary items should be prohibited so as all logically fit within the jurisdiction of too detailed. For example, with the Depart- to reduce the tendency for authorizing legis- Labor and Human Resources. A more strik- ment of Defense we literally authorize the lation to be included as budget content. ing example is the area of national security. number of trucks for the agency. Appropriating and authorizing commit- Responsibility for this area is dispersed There is a need to modify the Rules of the tees have been encroaching on each other's among the following committees: Armed Senate, especially in regard to cloture. Pos- proper roles. Appropriations should do the Services, Appropriations, Budget, Foreign sibly, there is a need to find a way to deny funding and authorizations should design Relations, Small Business,. Veterans' Affairs, access to the floor to any issue that has al- the legislation. There is some pressure on Governmental Affairs, Banking, Commerce ready once been resolved in that session. Appropriations to legislate when the au- and Select on Intelligence. In response to Senator Quayle's question thorizing committee has refused to act on a There is also a lack of attention in the about limiting subcommittees, Senator Ste- bill. Authorizing committees are spending Senate to broad policy issues and non-pro- the budget and appropriations process and Senator Chiles does not agree with Sena- Approved For Release 2008/09/15: CIA-RDP86B00338R000400560004-5 Approved For Release 2008/09/15: CIA-RDP86B00338R000400560004-5 August 10, 1984 CONGRESSIONAL RECORD SENATE grammatic legislation: Instead the Senate used to debate substantive policy issues, could consider the advisability of adopting spends-all Its time working on the budget. causing atrophy of the authorization proc- biennial. budgeting. .: First, the authorizing committees should ess'. It is possible that the, creation of a Joint be given. appropriations responsibility. The The budget process was designed to pro- Committee on the Budget may make the ex- Budget Committee should be disbanded and vide a. framework, a broad fiscal policy. The istence of the Joint Economic 'Committee the Appropriations Committee should timetable it established. has helped Congress unnecessary.' assume the responsibilities of the Budget to report authorizing legislation on a timely There is a need to have some kind of Committee as well as responsibility for basis and to pass far more of its regular ap- schedule on the floor and for the practice of those appropriated items for which there is propriations bills by the beginning of the holds to be modified. . no authorization and for continuing resolu- fiscal year. than had previously been the Another possibility is to break up the tions and supplemental appropriations. case. During the 8 years prior to the Budget budget process into four pieces: defense, for- If the Budget Committee is retained, it Act, Congress passed an average of only 1 eign assistance, appropriated accounts and .should be made up of authorizing commit- regular appropriations bill by the start of entitlements. tee chairmen and ranking minority mem- the fiscal year. During the first 8 years fol- Senator Quayle pointed out that the proc- bers. lowing the Budget Act, Congress has passed, ess often gets bogged down when dealing Second, jurisdictions of committees should an average of 5 regular appropriations bills with annual authorizations and annual ap- be rationalized and consolidated. by the start of the fiscal year. propriations, not when dealing with perma- Third, a possible solution to the need for However, there are still late authoriza- nent legislation. Senator Domenici agreed more attention to broad policy is a two-year tions and late appropriations and the and suggested that maybe there was a need authorization and appropriation. This Senate wastes its time debating the same for a 5-year defense authorization. Senator would leave time for oversight in alternate issues repeatedly. Quayle suggested trying a two-year authori- years. The solution is to return to the original zation as an experiment and appropriating An alternative proposal would be for all purposes of each of these functions, not to_ on an annual basis. members of the Senate to become members consolidate one or more of them. The' Senator Quayle suggested consolidating of the Appropriations Committee with ap- budget process has resulted in more mean- jurisdiction over the Budget Act as a first proximately 10 subcommittees, reflecting ingful debate on the floor. step toward modifying it. Senator Domenici various budget functions. Each senator Senator Domenici is opposed to Senator suggested that instead a special one-year would serve on one or two subcommittees, Johnston's proposal to make the Budget committee be created composed of members depending on the desired size of the sub- Committee a subcommittee of Finance and of Rules, Governmental Affairs and the committees. These subcommittees would Appropriations. I Budget Committee in order to avoid com- have both authorizing and appropriating Duplicate votes on the floor occur because mittee jurisdiction battles. authority. There would be no full commit- a majority of the Senate wishes them to Senator Melcher expressed his interest in tee markups, only floor action. occur. No process or rule will prevent a ma- a Joint Committee on the Budget and in There would be a subcommittee on the jority of the Senate from carrying out its having only one, binding budget resolution. Budget within the Appropriations Commit- will: SENATOR JOHN STENNIS tee which would have as its members the The inability of authorizations to be done The concept of the Budget Committee chairmen and'ranking minority members of on time is not the fault of any process. It should be retained. each. Appropriations subcommittee as well simply means that consensus has been There is a need for more serious and as the chair-man and minority members of harder to achieve. The same is true for ap- meaningful debate and freer discussion the FinaeComrnittee. propriations. Efficiency has been deliberate- among committee members rather than the In addition to the Appropriations Com- ly sacrificed in order to avoid serious legisla- use of proxy votes. mittee, there would be a Foreign Relations tive errors. Senator Quayle asked what the biggest Committee, a Finance Committee, aCom- In order to correct the current difficulties, change in the Senate had been over the mittee on Management of the Government, we should insist that the first budget resolu- years. Senator Stennis responded that the a Committee on General Laws (similar to tion be completed On time and that it stick senators go home too often, but yet do not the current Judiciary Committee), a. Com- to broad parameters only. This might be en- spend enough time at home. mittee on Regulated Industries and a Com- couraged by specifying In. more detail the Senator Stennis added that there is a need mittee on Rules and Ethics. Each, senator types of amendments that - would. be in for a. high quality team of Inspectors and in- would serve on one of these committes in order, by shortening the length of floor vestigators attached to the Appropriations addition to the Appropriations Committee. debate and by shortening the. time for floor Committees of each house to carry out over- This plan would achieve consolidation of debate on. amendments to assure that extra- sight, the authorization and appropriations proc- neous matters do not enter the debate. The SENATOR SAM NIINx ess. It would consolidate and rationalize ju- Budget Act provisions that are designed to risdictions of committees. It would reduce assure timely completion of conferences on The annual budget process is the current the numbers of committees and assignments budget resolutions should be enforced. problem. It has taken over the time and and ease the problem of scheduling con- A binding first budget resolution- is a workload of the Senate and. of the commit, flicts. useful suggestion. tee and of the Executive branch. Even with In addition there should be a rule to re- Authorizations should be completed on the expenditure of all this effort, passage of quire that a. senator provide the Senate with time and. before. floor action. on related ap- a budget each year comes later and later. 48 hours advance notice before a nonger- propriations bills begins. There should be There are several reasons for this develop- mane amendment is offered to a bill on the rules that assure that funding levels are not ment. floor. locked in through the authorization process First, there is duplicative committee Senator Quayle asked If It would be feasi- prior to the appropriations debate, particu- review. Detailed, review of the President's ble to deal with the defense authorization larly when entitlements areinvolved. budget is annually performed in each House and appropriations at the same time on the Appropriations debates should be carried at least three times by three different sets floor with a requirement that amendments on without the intrusion of substantive leg- of committees: Budget, Appropriations and be mathematically consistent. Senator islative amendments and should be complet- the authorizing committees. The Senate Tower stated that his proposal would ac- ed on time. One possibility is to move to an also wastes time on the floor repeatedly de- complish essentially the same thing and omnibus appropriations bill and examine bating the same issues, that the current delays were caused by the the desirability of aligning the Appropria- Second, there is excessive attention to need to wait for the budget process to com- tions subcommittee jurisdictions to coincide detail in authorizations. plete its work. with functional categories. Third, the accounting structures used by SENATOR PETE DOMENICI One option is to merge the House and each participant. in the budget process are The three fiscal processes, authorization, Senate Budget Committees into a Joint not compatible or consistent. This is compli- appropriations and budget, have been mis- Committee on the Budget, similar to the old cated by. diffused division of committee ju- used. The authorization process was de- Joint Atomic Energy Committee. This risdiction. signed to set policy parameters, but the would speed up the budget process. This In summary, Senator Nunn made the fol- Senate has frequently argued so long over committee could also ensure that reconcilia- lowing points: authorizatifons that funding, has preceded tion instructions included in a budget reso- First, there Is not enough time for Con- substantive debate. In other'cases the au- lution are followed and that the Senate is gress to complete the budget, authorization thorizing process has been used to lock in kept informed of the creation of new or ex- and appropriations process. funding levels, thus totally thwarting the panded entitlements. The Joint Committee Second, there is insufficient time for over- -appropriations process. on the Budget could also integrate the for- sight of programs and policies because the The appropriations process was designed mulation of a federal credit budget into the budget process has become so unwieldly. to divide- up available resources in a given congressional budget process and annually Third, more and more of the federal fiscal year among competing federal pro- review all off-budget expenditures and tax budget has to be authorized annually, caus- grams. Appropriations has frequently been expenditures. In addition, the Committee Ing overloads in the authorizing committees. Approved For Release 2008/09/15: CIA-RDP86B00338R000400560004-5 S10640 Approved For Release 2008/09/15: CIA-RDP86B00338R000400560004-5 45. CONGRESSIONAL RIECb D SENATE Aug st 0 u 1 198 , Fourth, missed deadlines anywhere in the closely to their functions. Possibly, as a Legion and Donald H. Schwab of the Veter- budget process have a domino effect on the means of making the process more efficient, ins of 'Foreign Wars all submitted state- remainder of the budget process. the two committees could have a conference ments for the record stressing the need to Fifth, making the second resolution bind- and take to the floor one bill. ing delays the process. The udget retain the Veterans' Affairs Corilmittee as a Sixth, appropriations bills are becoming ble framework for Committee o policy-makingvalua- then scope aandng cality of its and services 't to of service more contentious and harder to pass. There is a need to combine hearings so American veterans. Seventh, there are too many legislative that witnesses from the Executive branch In addition, Patrick J. Clements of the and non-germane proposals on appropria- would not have to testify repeatedly on the Small Tribes . Organization of Western tions bills. same subject and senators would not have Eighth, schedules are too hurried. to listen repeatedly to the same testimony. Washington submitted for the rood Ninth, there is too much duplicative effort STOWW's support for the continuation f among all the committees. SENATOR MACK MATTINGLY the Select Committee on Indian Affairs of as a There are too many committees and sub- Congress has become a full-time legisla. permanent standing committee. committees in Congress and assignment tive bureaucracy that allows little time for APPENDIX.-POSSIBLE SCHEDULE FOR A limitations are not enforced. formulation. and drafting of ideas. The BIENNIAL BUDGET AND APPROPRIATIONS CYCLE Senator Nunn proposed the following so- cause of this is the committee system. The lutions: proliferation of committees has resulted in FORMER SENATOR HENRY BELLMON First, there is a need for a shift to some proliferation of staff. Senators are spread Budget session-odd numbered years.- form of multi-year budgeting, too thin among their committees to be in. Congress convenes in January, odd num- Second, the accounting framework should formed on all relevant issues. The result is a bered years, and turns Immediately to con- be rationalized by deciding on uniform and staff that is discharging the responsibilities sideration of two-year budget and two-year rational accounting/function categories. that senators are elected to perform. appropriations bills. This session must con- Third, three different committees in each Senator Mattingly suggested the following elude by October 1. House should not be doing essentially the solutions: Recess October 1 to October 15. same thing. There is a need for some con- First, go to a two-year budget cycle. Authorization/oversight session-begins solidation. For example, there could be a Second, return to a two-track authoriza- October, odd numbered years.-Completed combined Budget/Appropriations Commit- tion/appropriations process. The third March 15, even numbered years.-Authori- tee with strengthen macro authority and track, the budget process, has been a waste- zation/oversight session begins October 15, the authority to enforce its decisions after ful and redundant failure. The budget fig- odd numbered years, recesses November 15, they have been endorsed by the Senate. ures should be folded into the appropria- odd numbered years through January 15, This Committee would also have the au- tions and finance process. thority to de-appropriate. This would allow Third, reduce the number of subcommit- by byen March numbered years, and edmplrses its task the authorizing committees to also appro- tees and their staffs. 15, even numbered years. priate under the firm guidance and enforce- Fourth, eliminate the special, select and Recess March 15 to March 31. Supplemental session-April, even num- ment of this committee's guidelines. join committees and incorporate their re- bered years.-There-would be a brief session Fourth, Congressional self-restraint must sponsibilities into the proper authorizing for the consideration of supplemental ap- be exercised when reviewing budget propos- committees. alt Th e appropriate lelf dtil Fifth elimit th propriations (incldi .ve oea must be,naee use of proxies in com-ung appropriations for determined. mittee and record all committee votes for items), authorizations as weir as emergency In addition, Senator Nunn suggested that the Published record. , and other policy eou n tariff bills fiscal other senators work 5 days a week for the first 3 Sixth, restrict the number of committee bills (miscellaneous tariff bills and other or 4 months of the year instead of the cur- , staff allowed on the Senate floor. revenue legislation, etc.). ,rent tendency toward a 3-day work week. In addition, Senator Mattingly mentioned End of April, even numbered years-Con. Senator Quayle suggested dealing with that Military Appropriations had held joint gress adjourns sine die.-This schedule the defense authorization and appropria- hearings with Armed Services and it worked allows little room for Congressional recesses tions at the same time of the floor. Senator very well. during either the budget session or the au- Nunn agreed that it would save some time REPRESENTATIVE HENRY HYDE It thorwoul ation/oversight session. on the floor, but would not have an effect This statement was included in the record, its work however, allow Congress to com- on witnesses from the executive branch. He Rep. Hyde did not testify in person. plete its work in sixteen months.0 stressed that committees, for all their delv- There is a need for a Joint Committee on ing into detail, are not doing the work of Intelligence in order for Congress to exer- HAWAII STATEHOOD SILVER oversight and are not looking at broad strat- cise responsible oversight of intelligence ac- egy at alle also exor eae_a~az, b..a JUBILEE DAY Aj Ioint Comma nn r.,+ n ? ""''???~" tivities. Congressional oversight must be in aadl ion, Senator Nunn pointed out public nonpolitical and bipartisan In order to earn o- Mr. INOUYE. Mr. President, the cred that the federal government is doing more motion m s tbetprevea edof sensitive infor- 25th anniversary of Hawaii's admis- and more in various areas and is not capable The two current committees reflect differ- will be sion as the 50th State of our Union of handling all of these items with the same ent perspectives and frequently do not focus celebrated on August 21, 1984. degree of attention as the States. on the same matters. Apparently there is In recognition of this historic occa- Another alternative to resolving problems little Interaction or coordination on the sion , the House this week unanimously with the budget process would be for Con- issues. passed Senate Joint Resolution 248, gress to establish an explicit procedure to ? A Joint Intelligence Committee would not designating August 21 as "Hawaii authorize milestone decisions in the weap- only eliminate the above problems, it would ons acquisition process, which parallel the encourage bipartisan cooperation and Statehood Silver Jubilee Day," clear- current ing this measure for Presidential con- current system of the Defense System Ac- ensure a more effective Congressional over- sideration. This Senate joint resolu quisition Review Council milestones used by sight operation. the Department of Defense. In other words. was introduced by me and my col- SENATOR ALAN CRANSTON instead of having have a time limit on a weapons system, the research stage could b Senator Cranston submitted ubmitted for the authorized, then the development stage, e record a statement stressing the need to then the engineering production stage and retain the Veterans' Affairs Committee as a then the final production. separate committee. The Veterans'. Affairs There is enough for two committees to do Committee is performing valuable services in the military area. It Is pointless for them in an efficient and effective manner. both to be doing the same things and omit. SENATOR PAUL SARBANES' ting the same things. Senator S*rbanes submitted for the SENATOR EDWARD ZORINSKY record a statement stressing the need to The Veterans' Affairs Committee should retain the Veterans' Affairs Committee as a not be eliminated. This Committee has ren- separate committee. The continuation of dered and continues to render invaluable the Veterans' Affairs Committee demon- services to the former members of the mili- strates the commitment of the Senate to tary. It can continue to do so most efficient- the nation's veteennb The Veterans' Affairs ly as a separate committee. dress Committee has enabled the d cone ro ad f SENATOR NANCY KASSEBAUM specialized needs and concerns of veeteerans. the There i s a need for the athii uorzng and appropriating committees to adhere more league, SPARK MATSUNAGA, and unani- mously passed by the Senate on April 11. It is my. sincerest hope that the President will approve this measure, in view of its major significance to the citizens of Hawaii and our Nation. Statehood for Hawaii was achieved through the united efforts of all seg- ments of our community-elected offi- cials, business leaders and, above all, the people of Hawaii. The spirit of Americanism has long flourished among Hawaii's people through their demonstrated loyalty, spirit of equali- ty and compassi on and steadfast dev ,o- Stephen L. Edmiston of Disabled Ameri- tion to the guiding principles Of our can Veterans, Paul S. Egan of The American Nation. The case for Statehood was Approved For Release 2008/09/15: CIA-RDP86B00338R000400560004-5