E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, TUESDAY, APRIL 4, 1995 No. 62 House of Representatives

The House met at 9:30 a.m. and was of Congress today should be cutting the and do not cut the deficit we run a real called to order by the Speaker pro tem- budget deficit, not cutting taxes. So chance of kicking off a serious round of pore [Mr. FOLEY]. this is the wrong cut at the wrong inflation. f time. The second reason why we should not Let us go first to where we are in all vote for this crown jewel, as Mr. GING- DESIGNATION OF SPEAKER PRO of this. The chart that I have here to RICH calls it, is that it is the wrong TEMPORE my right shows what has happened to kind of tax cut. The SPEAKER pro tempore laid be- all Americans during the last 20 years. Now, let us have the next chart, fore the House the following commu- These are families, family incomes di- please, This chart shows you who will nication from the Speaker: vided into fifths, the lowest fifth on the benefit by this plan. WASHINGTON, DC, far-right side, the highest fifth on the You will notice here on the right side April 4, 1995. left-hand side. in the upper chart, these are house- I hereby designate the Honorable MARK If the cameras will look closely at holds in America, starting with the ADAM FOLEY to act as Speaker pro tempore this chart, you will see that the upper ones under $30,000 and ending with the on this day. one-fifth has gained family income of ones over $200,000. The very strong NEWT GINGRICH, Speaker of the House of Representatives. almost 30 percent in the last 20 years, green line on the left of this chart shows you what those with more than f while the lowest fifth of American fam- ilies have lost income of almost 15 per- $200,000 worth of annual income will MORNING BUSINESS cent, and the middle income right here get per year out of this tax cut. They The SPEAKER pro tempore. Pursu- in the middle has stood still. That is get over $11,000 in tax cut. While those ant to the order of the House of Janu- why American are upset. ones under the $30,000 will get $124, ary 4, 1995, the Chair will now recog- And the principal reasons for this maybe. nize Members from lists submitted by chart being as it is are two: One, the The figure, the chart below the top the majority and minority leaders for tax policy of the United States; and, chart shows how many families are in- morning hour debates. The Chair will two, the budget deficits that have run volved in this, and you will notice that alternate recognition between the par- on chronically has stolen all of the all the families are down here on the ties, with each party limited to not to gains that have been made, the losses right; 44 million families at the bottom exceed 30 minutes, and each Member that have been made have been con- will get nothing; 2.8 million families at except the majority and minority lead- tributed to by the budget deficits and the top get an average of $11,300 a year. er limited to not to exceed 5 minutes. by the tax policy. So this is the wrong Now, most of the families down here The Chair recognizes the gentleman time to cut the taxes. It is the right get very little in the tax cut, while the from Florida [Mr. GIBBONS] for 5 min- time to cut the deficit. upper families get all of the tax cut. utes. Why is it the wrong time? America’s Mr. Speaker, this is the wrong time to be cutting taxes. We should be cut- f economy has been at full employment for the last few months and has had ris- ting the deficit. This is the wrong tax CROWN JEWEL OF THE CONRACT ing employment ever since 1991. We are bill because of inequitable distribution Mr. GIBBONS. Mr. Speaker, this right at full employment now. of the benefits of the bill. week we are going to vote on what Two, the second reason we should not f Speaker GINGRICH has called the crown be cutting taxes now is that we are at jewel of the contract. I am here to tell maximum capacity utilization in our TRUE LIES you this morning why you should not industrial plant. That is the reason The SPEAKER pro tempore. Under vote for this crown jewel. why the Federal Reserve has over the the Speaker’s announced policy of Jan- This crown jewel is a $700 billion tax last 12 months raised interest rates by uary 4, 1995, the gentleman from Colo- cut. This is not the right time to cut 7 percent, by seven times. The Federal rado [Mr. HEFLEY] is recognized during taxes. This is the right time to cut the Reserve in fighting inflation has raised morning business for 5 minutes. budget deficit. the interest rates seven times in the Mr. HEFLEY. Mr. Speaker, Joe Dear, Every economist that appeared be- last 12 to 14 months. So America’s the head of the Occupational Safety fore the Committee on the Budget, economy is bubbling along. and Health Administration recently every well-known economist in this We want to continue that strong eco- testified before Congress that virtually country will tell you that the business nomic growth, but if we cut taxes now all of the stories being told about

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H 4107 H 4108 CONGRESSIONAL RECORD — HOUSE April 4, 1995 OSHA—stories about OSHA outlawing less of measured breathing zone expo- able to get some kind of deduction for the Tooth Fairy, prohibiting chewing sure levels.’’ their health care insurance. Hooray. gum on roofs, and fining employers for The memorandum proceeds to admit But now we have learned what was hazardous dishwashing detergents—are that these regulations are excessive, tucked in that little bill. And tucked in false. will ‘‘result in negligible reduction of that little bill was a $63 million tax re- Having focused on OSHA issues for exposure,’’ and therefore OSHA should bate jewel for none other than Rupert years I find, the only thing false about not issue citations for their violation. Murdoch. these stories is their distortion by peo- In other words, Joe Dear would have Now, this 100 days began with Rupert ple who support OSHA. Let us look at you believe that OSHA never prohib- Murdoch and a book deal with the the facts. ited chewing gum on rooftops when Speaker, and it ends with him getting Specifically, Mr. Dear told the com- OSHA itself has not only admitted a $63 million tax rebate stuck on this mittee, ‘‘OSHA does not require mate- doing it, but issued a retraction as tax bill for working-class Americans. I rial data safety sheets for the normal well. find that unconscionable when what we use of consumer products like Joy.’’ The battle over OSHA reform is not were told what we were doing was shut- I have a $2,500 citation and notifica- about whether OSHA does stupid ting off the special benefit to this en- tion of penalty from OSHA, issued just things. With over hundreds of regula- tire class of people. last year, which states, ‘‘The company tions governing every possible hazard, This was a special benefit dealing did not have a written hazard commu- real and imagined, OSHA cannot help with selling of broadcasting stations. nication program. The primary chemi- but do stupid things. By challenging Well, apparently, we cut it off for ev- cals used are used in the kitchen and the veracity of OSHA’s more notorious erybody in the world except one guy, who is a little more equal than other bathroom areas. Chemicals used, but missteps, OSHA defenders are wasting guys. But when you contrast his status not limited to: automatic dishwashing their time and hurting their own credi- with working class Americans, you can detergent and bleach.’’ bility. see why his needs got moved to the This is not the first time OSHA has OSHA did fine people for failing to front and they found some way to cited a small business for failing to have material safety data sheets on sneak it through. have a MSDS sheet on ordinary house- common household products like Joy, its regulations—without clarification— The other part of this bill that was so hold products. Contrary to Mr. Dear’s terribly disappointing was in the Sen- assertion, it has happened more than did prohibit dentists from giving chil- dren back their baby teeth, and its reg- ate they did some very good work. once. OSHA has also issued citations What did they do? They closed a loop- for hazardous bricks, sand, gravel, ulations—once again, without clari- fication—did prohibit roofers from hole. They closed a loophole that had chalk, et cetera. been allowing billionaires to move off Mr. Dear went on to say that ‘‘OSHA chewing gum. To suggest otherwise is to fib, obfus- shore, to move off shore and then avoid has not banned the tooth fairy; den- paying taxes. So they very correctly tists can give children their extracted cate, and otherwise distort the truth. In his testimony, Mr. Dear stated, ‘‘If closed this loophole which would save teeth.’’ Although this statement may the Treasury about $3 billion or more, be true now, it was not always. these stories were true, I might be ask- ing the same questions about the need roughly. When OSHA published its final We have read over and over again bloodborne pathogen rule on December for OSHA.’’ Those stories are true, Mr. Dear. Start asking. how some tax lawyer kind of discov- 6, 1991, the regulation provided no ex- ered this a couple years ago and so it ceptions for baby teeth or any other f has become the new exit way for all body part defined as contaminated sorts of people to exit the IRS and waste. All contaminated waste—includ- CONTRACT BILL FLAWS their 1040 code, for those who have a ing baby teeth—was to be disposed of The SPEAKER pro tempore. Under lot at stake. in the OSHA-defined proper manner. the Speaker’s announced policy of Jan- Obviously, there are many countries It was only after America’s dentists uary 4, 1995, the gentlewoman from who would be very willing to welcome raised concern and several newspapers Colorado [Mrs. SCHROEDER] is recog- these billionaires because they think lampooned the new OSHA regulation nized during morning business for 5 they will then spend their money in that OSHA clarified that it would not minutes. that country. cite dentists for allowing children to Mrs. SCHROEDER. Mr. Speaker, I Well, unfortunately, even though we keep their teeth. must say this is a very interesting had three votes on this issue here, the Last, we have the question of gum week as we watch the 100 days come to House would not yield to them, so that chewing on roof tops. Once again, Mr. a close. I am really astounded that is the other flaw in this bill dealing Dear provided Congress with a half- there is going to be a circus coming to with working-class Americans trying truth. He said, ‘‘OSHA does not pro- the Hill tomorrow. Think of the images to get their deduction for health care hibit workers from chewing gum, al- you can have, bread and circuses, that they so, so deserve is that we did though we do restrict asbestos removal three-ring circuses. not close this other loophole because workers from ingesting food where a But as we laugh about that and as we the House refused to close that loop- high level of asbestos is present, since wonder who in the world thought that hole. So billionaires can still escape ingestion of asbestos causes cancer and was a good image, let me talk about taxation by throwing their citizenship lung damage.’’ what we did last week and what we now overboard. I find that horrifying. Setting aside the question of how in- know and how upset many of us on this I really hope what we do, now that gesting asbestos causes lung damage— side of the aisle are. we have discovered how flawed this is, breathing asbestos is linked to lung Last week, we passed a bill that fi- is that we can get a commitment that damage, ingesting asbestos is linked to nally, finally, gave working-class the President would veto this bill, and gastrointestinal cancers—Mr. Dear is Americans the right to deduct their we could just bring it back clean the simply wrong. OSHA itself has admit- health care premiums. We absolutely way it should be. ted that it prohibited chewing gum in should have, we should have done it I think the other interesting thing is asbestos workplaces, including rooftops long ago. that the President cannot knock out where roofers were using tiles contain- And one of the reasons ordinary peo- special privileges in tax bills. Because ing small amounts of asbestos. ple often do not get their tax benefits when you talk about being able to do In a memorandum to OSHA’s re- as soon is they are not here with PAC line-item veto, the line-item veto has gional administrators dated January money and they are not special inter- been allowed on the spending, but when 13, 1995, OSHA stated, ‘‘OSHA prohib- ests, and so they usually have to go to it was offered to take out special tax ited eating, drinking, chewing tobacco the end of the line. So we were all cele- benefits, then it was turned down. or gum, where activities take place in- brating. Finally, we are getting this Now, everybody knows a special tax volving removal or repair of asbestos up. Is that not wonderful? Working- benefit costs just as much money as a containing building materials, regard- class Americans are going to finally be spending thing. Is it not interesting April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4109 that we are willing to give the line- simply not true. If you own an asset working hard. That is what a tax does. item veto for one thing but not the like a house or a farm or a small busi- It penalizes people for working hard other? And I think it goes back to the ness or any stocks or bonds, you will be and earning money. same old business as usual, special in- subject to the capital gains tax if you A tax says go out and find a job, start terest being able to tromp all over all sell that asset for more than you paid a business, work hard, but do not suc- of us the way the elephants are going for it. Millions of Americans own as- ceed. Because, if you do, the Federal to tromp all over the grass tomorrow sets that are subject to the capital Government will come and take your when the circus comes up here. gains tax, and that is why 70 percent of money to Washington to feed the So I hope people put all of these the people who will benefit from a cut growth of yet another massive, waste- things together, and I hope we all say in the capital gains tax will have in- ful bureaucratic agency. enough is enough. We started the 100 comes of less than $50,000. Maybe the This is the philosophical difference days saying we are going to have real Democrats think that is a tax break between Republicans and liberal Demo- reform, and there was not going to be for the rich, but I call that common- crats. Democrats fear tax cuts because business as usual. We end it seeing sense help for hard-working Americans. they reduce the amount of money they business as usual all over the place. Mr. Speaker, the current high capital can spend on Government projects. Re- I hope that we can bring this to clo- gains tax rate has been an utter failure publicans embrace tax cuts because we sure and finally really do some house- as a tax policy. The economic forecasts believe if you work hard, you persevere cleaning and get this place cleaned up the Democrats cite in attacking the and you succeed, you deserve, without and get this bill cleaned up and have capital gains tax cut have been thor- question, to keep the money you working Americans move to the front oughly discredited by history. When worked hard to earn. This is what the of the line, not billionaires. Ronald Reagan cut the capital gains American dream is all about. f rate in the early 1980’s, the amount col- Republicans also know you can cre- lected from capital gains taxes soared. ate jobs and stimulate the economy if TAX FAIRNESS ACT When the tax rate was raised in 1986, the money is in the citizens’ pocket, The SPEAKER pro tempore. Under the revenues collected from capital not in the Government troughs. The the Speaker’s announced policy of Jan- gains taxes dropped like a rock. That only thing the Government knows how uary 4, 1995, the gentleman from Geor- the CBO’s forecast for 1987 and beyond to do is spend more and rack up the gia [Mr. NORWOOD] is recognized during missed by a mile speaks volumes about debt. morning business for 5 minutes. the misconceptions that surround cap- The 40-year Democrat experiment of Mr. NORWOOD. Mr. Speaker, I sup- ital gains. Like the Democrats, the increased taxes, increased spending, pose it would be in order for me to say CBO believed that you could raise reve- and big Government has failed. The briefly, about the speech you heard 10 nue by raising the capital gains tax. In only thing Congress has to show for it minutes ago about OSHA, that all of reality, potential investors worked so today after 40 years is a $4.5 trillion those horror stories that you heard hard to avoid the tax increase that rev- debt and a $200 billion deficit each year were true. Having practiced dentistry enues fell. The CBO’s error in predict- forever, as far as you can see, and an for 25 years, I was one of the people ing capital gains tax revenue cost the inefficient, ineffective Federal Govern- under the gun when I would try to give Treasury $170 billion. Annual capital ment. This, again, is why the Repub- back my children their baby teeth, and gains tax collections have been declin- lican tax relief bill is a necessity now. that is, in fact, a true story. ing rapidly since 1986. The current cap- Now is the time once again to create It is also additionally nice to hear ital gains tax rate is just not good eco- capital, not suppress it; to reward suc- the people on the other side of the aisle nomic policy. cess, not punish it; to promote busi- be for the tax deduction for business Mr. Speaker, a good friend of mine ness, not destroy it; and to restrain people, for self-employed people for named Bartow Morgan encouraged me Government, not enlarge it. their health care insurance, but it does long and hard to support the capital The Republican tax relief bill is good make one wonder whey we did not pass gains tax cut. He knew how much the for families, good for businesses, good that last year when they were in capital gains tax hurt the economy and for workers, and good for America. charge of Congress. the potential investments that were f But, Mr. Speaker, I rise today in sup- suppressed by the capital gains tax. port of the Tax Fairness Act because it That Bartow Morgan did not live to see LEGISLATION TO STIMULATE will benefit average, hard-working us cut the capital gains tax is terribly URBAN ECONOMIC REDEVELOP- Americans. I am particularly in sup- disappointing to me. Mr. Speaker, MENT port of the capital gains tax cut be- when we pass the Tax Fairness Act The SPEAKER pro tempore. Under cause when you strip away the rhet- Thursday, I for one will be thinking of the Speaker’s announced policy of Jan- oric, reducing the capital gains tax is people like Bartow Morgan, who be- uary 4, 1995, the gentlewoman from simply a good idea. lieved that cutting the capital gains Florida [Mrs. MEEK] is recognized dur- Mr. Speaker, when we move beyond tax would help all Americans, and ing morning business for 2 minutes. the nonsensical class-warfare argu- never allowed themselves to be swayed Mrs. MEEK of Florida. Mr. Speaker, I ments against cutting the capital gains by the class warfare that we so often am pleased to introduce a bill to stimu- tax, the economic reality is clear. All hear from the Democrats. Mr. Speaker, late urban economic redevelopment Americans will benefit from cutting cutting the capital gains tax is the through environmental cleanup. This the capital gains tax. It will encourage right thing to do for all Americans and bill, without adding to the Federal investment and create jobs. I strongly urge my colleagues to re- budget, attacks unemployment in The capital gains tax penalizes in- member that when we vote on Thurs- urban cities on several fronts. My bill vestment and risk taking. Investors day. provides business and job opportunities are discouraged from investing in f by providing low-interest loans to startup ventures because they might stimulate voluntary cleanup of con- actually make money. In turn, this PASSAGE OF THE REPUBLICAN taminated sites; it provides incentives makes it more difficult for TAX RELIEF BILL IS A NECESSITY to individuals to establish environ- entrepenuers trying to start a business The SPEAKER pro tempore. Under mental businesses in targeted urban to find investors. If they cannot start a the Speaker’s announced policy of Jan- areas through the reduction of the So- business, they cannot create jobs. By uary 4, 1995, the gentleman from Texas, cial Security tax burden; it provides penalizing successful investments Mr. SAM JOHNSON, is recognized during training to fill the positions created by through the capital gains tax, the Fed- morning business for 5 minutes. the new businesses; and my bill author- eral Government costs the economy Mr. SAM JOHNSON of Texas. Mr. izes Federal agencies to give preference jobs. Speaker, the passage of the Republican to qualified businesses that hire tar- The Democrats will argue that cut- tax bill is a necessity, a necessity be- geted urban area dwellers. ting the capital gains tax is only a tax cause for too long the Federal Govern- Mr. Speaker, as we move to enact break for the rich. Of course, that is ment has penalized Americans for welfare reform, we must find creative H 4110 CONGRESSIONAL RECORD — HOUSE April 4, 1995 ways to lessen the need for welfare. My the reduction of the payroll taxes of made a number of promises to the bill, Mr. Speaker, does just that. working Americans. American people? He promised that he Mr. Speaker, I urge my colleagues to I thought it was a good plan, but I was going to give us a middle-class tax join me in this fight to revitalize our was not satisfied, Mr. Speaker, to just cut. He promised that he was going to urban communities. take my own judgment on it. I submit- lift the senior citizens earning test. He My bill creates meaningful jobs for the un- ted the plan to the Institute for Re- promised that he would enact a line- employed and those about to enter the work search on the Economics of Taxation, a item veto. He promised that he would force. well-known and renowned and depend- balance the budget. Passage of this bill will significantly increase able think tank here in the Washington He did not say he was going to bal- the pace of environmental cleanup by estab- area whose sole reason for existence is ance the budget overnight. He said he lishing a low-interest loan program to stimulate to analyze methods of taxation and was going to balance the budget. voluntary cleanup of industrial sites. The various plans. Let us look at the record. Let us look cleanup of these sites will benefit public health When they received my plan, they re- at the record. and welfare, and the environment by returning viewed it; and I received a commend- He reneged on the middle-class tax contaminated sites to economically productive atory letter. I must say it made my ego cut promise. In fact, he raised taxes, uses. feel good about it that the plan was attempted to raise taxes in a very, very This bill stimulates the creation of environ- workable, and it emphasized that cap- broad form way. Did not get away with mental jobs and business opportunities by in- ital gains reform, coupled with my plan that in terms of the Btu tax but still, dividuals and small businesses in target urban of reducing the payroll tax, would not in fact, did raise taxes. He reneged on areas through reduction of the Social Security only save money for the working fam- the middle-class tax cut. ily but spur investment and savings, tax burden. No. 2, he did not lift the senior citi- both of which are vital to a good econ- zens earning test. Instead, what he did f omy. So I felt pretty good about it. do was he cut Social Security benefits Now, that brings us to the present. ALTERNATIVE TAX PLANS by $24.8 billion, $25 billion that he cut Since that time, many other plans social security benefits by. The SPEAKER pro tempore. Under have been presented. The President did the Speaker’s announced policy of Jan- come up after the election in 1994 with And when pushed to lift the senior uary 4, 1995, the gentleman from Penn- a tax reduction plan. So did the minor- citizens earning test which, by the sylvania [Mr. GEKAS] is recognized dur- ity leader, the gentleman from Mis- way, Mr. Speaker, is the amount of ing morning business for 5 minutes. souri. So did other members of the mi- money up to which you are not penal- Mr. GEKAS. Mr. Speaker, to cut or nority. So did other members of the ized for working as a senior, right now not to cut, that is the taxing question. Republican Party. But the main thrust that ceiling that limit is $11,200. We are Whether it be nobler in the minds of of the Republican provision was con- going to raise it tomorrow in a vote on the people who attack the Republican tained in the Contract With America. this floor to $30,000. We are going to do plan to sling an arrow into death, that So I say here today that although I what President Clinton said he was remains for the Democrat opposition or had a good idea and one that I will still going to do when he was running for all those who favor deficit reduction as pursue in months to come about reduc- the President, see, and he stole it with against tax reduction. ing the payroll tax to stimulate the promises that he broke. But let me record a little history for working American families, we have No. 3, he promised a line-item veto. the CONGRESSIONAL RECORD. When the before us now a good alternative, the He never ever offered that as a bill. He President was running for the Presi- Contract With America provision that never offered that legislation. He did dency, Bill Clinton’s message included we will be supporting and voting for not put himself into it when it did a tax cut for the middle class, which, of this week. come up on the floor of the 103d Con- course, he never was able to implement Why am I going to support it? And I gress. It was not enacted. We got a or refused to implement or reneged on plan to do so. Because it is part of the kind of enhanced rescission package. the promise to implement. Contract With America. Because it We passed a line-item veto about a And so somewhere in 1993 and 1994, does reduce the tax burden of middle- month ago, right here, 104th Congress. when we saw that the administration class families. Because it does stimu- Finally, he said he was going to bal- was going really the other way, not a late savings. Because it will provide for ance the budget. He has not given a tax cut for the middle class but a tax the ability of families to work out halfhearted attempt at that. The budg- increase for most Americans, when their own destinies in how they want et he just submitted increases the defi- that began to happen and we saw some to spend their money for their families cit by $200 billion a year for the next 5 signs of weakening in the economy, and will go a long way toward spurring years, and it starts to skyrocket at many of us thought that this would be the same kinds of results that we sub- about $400 billion. ripe for a time for a tax cut cast in the mitted to the think tank about eco- When we came out with these things: image that we wanted to present. nomics of taxation. A balanced budget amendment, which So I myself prepared then in 1993 and Why? Because it will be coupled with we passed in this House; a line-item 1994 a tax package, a tax cut package. capital gains reform. So the best of all veto which we passed in this House; It included reducing the payroll tax by worlds will have occurred as far as this lifting the senior citizens earning limit 1 percent both for the employer and for Member is concerned. I will be voting and the middle-class-tax cut; when we the employee. This would spur savings, for the Contract With America provi- came out with that last fall as an agen- bring down the tax burden on the mid- sions because of capital gains reform, da which we were willing to sign our dle-class Americans, the working already approved by the people to names to, saying that if you give us Americans. whom I submitted my plan, and a mid- the honor of representing you Amer- dle-class tax cut, also approved in our ican people in the U.S. Congress, here b 1000 plan. is what we are going to do. We call this I couple that proposition with a cap- f our Contract With America. ital gains reform. Those same four things that were in Now, there was method in my mad- CAMPAIGN PROMISES his promises broken, promises to the ness. Research, just as some of the The SPEAKER pro tempore (Mr. American people, how did he character- speakers have already alluded to, has FOLEY). Under the Speaker’s an- ize them? How did he characterize indicated that a reduction of the cap- nounced policy of January 4, 1995, the them, Mr. Speaker? ital gains rates spurs millions of trans- gentleman from Ohio [Mr. HOKE] is rec- I will tell you how he did. He called actions to occur almost overnight and ognized during morning business for 5 it a contract on America. The same produces revenues, stimulates trans- minutes. promises that he had used falsely, actions and produces tax revenue. So, Mr. HOKE. Mr. Speaker, do you re- falsely to get elected 2 years earlier he in a whirlwind of action, in my plan member back in the Presidential cam- then characterized as a contract on the capital gains reform would pay for paign of 1992 when President Clinton America. April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4111 Well, Mr. Speaker, it is not a con- RECESS Bono Goodlatte Meyers Borski Goodling Mica tract on America. In fact, it is a Con- The SPEAKER pro tempore. There Boucher Gordon Miller (CA) tract With America. And not only that, being no further requests for morning Brewster Goss Miller (FL) but we are actually fulfilling the bro- business, pursuant to clause 12, rule I, Brown (OH) Graham Mink ken promises of Mr. Clinton from 2 Brownback Green Moakley the House will stand in recess until 11 Bryant (TN) Greenwood Molinari years ago. a.m. Bryant (TX) Gunderson Mollohan We are giving a middle-class tax cut. Accordingly (at 10 o’clock and 7 min- Bunn Gutierrez Montgomery We are lifting the senior citizens earn- Bunning Gutknecht Moorhead utes a.m.) the House stood in recess Moran ings limit. We are restoring the $25 bil- Burr Hall (TX) until 11 a.m. Burton Hall (OH) Morella lion in cuts that he made to Social Se- Murtha f Buyer Hamilton curity benefits. We have enacted the Callahan Hancock Myers Myrick line-item veto, and we are balancing b Calvert Hansen 1100 Camp Hastert Nadler the budget. Cardin Hastings (WA) Neal I will yield to the gentleman. AFTER RECESS Castle Hayes Nethercutt Mr. KINGSTON. Well if the gen- Chabot Hayworth Neumann The recess having expired, the House Ney tleman will yield, there is another key Chambliss Hefner was called to order by the Speaker at Christensen Heineman Norwood element, and that is the welfare re- 11 a.m. Chrysler Herger Nussle form. The President did say he would Clayton Hilleary Obey f Olver end welfare as we know it, yet never Clement Hinchey Clinger Hobson Ortiz submitted a welfare bill. And so that PRAYER Coble Hoekstra Orton would mean 5 planks in the 10-plank Oxley The Chaplain, Rev. James David Coburn Hoke Republican Contract With America the Coleman Holden Packard Ford, D.D., offered the following pray- Pallone President actually ran on as candidate Collins (GA) Horn er: Collins (IL) Hostettler Parker Clinton in 1992. Combest Houghton Pastor Teach us, O God, to use our words as Paxon Mr. HOKE. The gentleman is com- Condit Hoyer Payne (NJ) vehicles of communication and mes- Cooley Hunter pletely correct. As I was sitting here Payne (VA) sengers of understanding so our con- Costello Hutchinson Peterson (FL) making my notes, I was trying to re- Cox Hyde versations are truly heard by one an- Peterson (MN) member what was the fifth item, and Coyne Istook other and there is an honest awareness Petri Crapo Jackson-Lee that is exactly right. Pomeroy of what is being said. Keep us from the Cremeans Jefferson Mr. KINGSTON. If the gentleman Porter easy platitudes that have the ring of Cubin Johnson (CT) Portman will yield further, I think that, essen- Cunningham Johnson, E.B. truth, but do not communicate the re- Poshard tially, when you consider what hap- Danner Johnson, Sam alities that need to be discussed. And Pryce Davis Johnson (SD) pened to the balanced budget amend- may the words we say with our lips, be Quillen Deal Johnston Quinn ment in the other body, three Demo- believed in our own hearts, and all that DeFazio Jones crat Senators voted against the bal- Radanovich we believe in our hearts, may we prac- de la Garza Kanjorski Rahall anced budget amendment. If the Presi- tice in our daily lives. Amen. DeLauro Kaptur Ramstad dent did not fight the balanced budget DeLay Kasich Rangel Dellums Kelly amendment I think it is very possible, f Reed Deutsch Kennedy (RI) Regula given the fact that he is a great sales- THE JOURNAL Diaz-Balart Kennelly Richardson man, that he could twist some arms Dickey Kildee Riggs and pick up the one, two, three or four The SPEAKER. The Chair has exam- Dicks Kim Rivers ined the Journal of the last day’s pro- Dingell King Rogers votes that are needed to get the thing Dixon Kingston ceedings and announces to the House Rohrabacher over the top. Doggett Kleczka Ros-Lehtinen Mr. HOKE. As the gentleman well his approval thereof. Dooley Klink Rose Doolittle Klug knows, not only did the President not Pursuant to clause 1, rule I, the Jour- Roth nal stands approved. Dornan Knollenberg Roukema fight to twist some arms to get the bal- Doyle Kolbe Mr. EWING. Mr. Speaker, pursuant Roybal-Allard anced budget amendment passed but, Dreier LaFalce Royce Duncan LaHood in fact, he worked day and night tire- to clause 1, rule I, I demand a vote on Salmon agreeing to the Speaker’s approval of Dunn Lantos Sanford lessly, as hard as he possibly could, to Durbin Largent the Journal. Sawyer make sure the balanced budget amend- Edwards Latham Saxton The SPEAKER. The question is on Ehlers LaTourette ment failed. Scarborough the Chair’s approval of the Journal. Ehrlich Laughlin Schaefer Mr. KINGSTON. What is also ironic, The question was taken; and the Emerson Lazio Schiff while he is out saying the Republican English Leach Speaker announced that the noes ap- Schumer welfare reform is mean or inadequate Ensign Levin Scott peared to have it. Eshoo Lewis (CA) or whatever, not only has he not of- Seastrand Mr. EWING. Mr. Speaker, I object to Evans Lewis (KY) Sensenbrenner fered an alternative but then he goes Everett Lightfoot the vote on the ground that a quorum Serrano on to talk about our program and how Ewing Lincoln Shadegg is not present and make the point of Farr Linder good it is. But he did not use the word Shaw order that a quorum is not present. Fawell Lipinski Shays Republican. He says, this is what we The SPEAKER. Evidently a quorum Fields (LA) Livingston Shuster need: work programs and programs Fields (TX) LoBiondo is not present. Sisisky that will end the cycle and get the dad Flake Lofgren Skaggs The Sergeant at Arms will notify ab- Flanagan Longley into the picture and identified and so Skeen sent Members. Foglietta Lowey Skelton forth. Foley Lucas The vote was taken by electronic de- Slaughter I think it is disappointing, but you Forbes Luther Smith (NJ) vice, and there were—yeas 369, nays 36, Fowler Manzullo were talking about senior citizens and Smith (TX) answered ‘‘present’’ 1, not voting 28, as Fox Markey Smith (WA) to increase the Social Security tax as follows: Frank (MA) Martinez Solomon your first year in office and then to Franks (CT) Martini Souder fight trying to repeal that tax increase [Roll No. 282] Franks (NJ) Mascara Spence Frelinghuysen Matsui does have a degree of hypocrisy to it. YEAS—369 Spratt Frisa McCarthy Stark Mr. HOKE. What we are going to do Ackerman Ballenger Bentsen Frost McCrery Stearns tomorrow on the floor, we are going to Allard Barcia Bereuter Funderburk McHale Stenholm repeal that device that the President Andrews Barr Bevill Furse McHugh Stokes Archer Barrett (NE) Bilbray Gallegly McInnis Studds passed just a year ago. And I see my Armey Barrett (WI) Bilirakis Ganske McIntosh Stump time is expired, but we are going to re- Bachus Bartlett Bishop Gekas McKeon Stupak peal those cuts, and we are going to re- Baesler Barton Bliley Geren McNulty Talent Baker (CA) Bass Blute Gilchrest Meehan store those cuts so that senior citizens Tanner Baker (LA) Bateman Boehlert Gilman Meek Tate get their due. Baldacci Beilenson Bonilla Gonzalez Metcalf H 4112 CONGRESSIONAL RECORD — HOUSE April 4, 1995 Tauzin Upton Weldon (PA) PERMISSION FOR CERTAIN COM- A SPECIAL BREAK FOR RUPERT Taylor (NC) Vela´ zquez Weller Tejeda Vento White MITTEES AND SUBCOMMITTEES MURDOCH Thomas Vucanovich Wicker TO SIT TODAY DURING THE 5- (Mr. DOGGETT asked and was given Thornberry Waldholtz Wilson MINUTE RULE Thornton Walker Wise permission to address the House for 1 Thurman Walsh Woolsey Ms. PRYCE. Mr. Speaker, I ask unan- minute.) Tiahrt Wamp Wyden imous consent that the following com- Mr. DOGGETT. Mr. Speaker, on the Torkildsen Ward Wynn first day of Congress I joined the call Torres Waters Yates mittees and their subcommittees be Torricelli Watt (NC) Young (AK) permitted to sit today while the House for openness in this Congress, and Towns Watts (OK) Young (FL) is meeting in the Committee of the frankly, we have not made very much Traficant Waxman Zeliff progress. Tucker Weldon (FL) Zimmer Whole House under the 5-minute rule: Committee on Agriculture; Committee During closed-door Senate-House ne- NAYS—36 gotiations last week, Republican legis- on Banking and Financial Services; lators bestowed a multi-million-dollar Abercrombie Hastings (FL) Pelosi Committee on Economic and Edu- Brown (CA) Hefley Pickett tax break on Rupert Murdoch, yes, Ru- Brown (FL) Hilliard Roberts cational Opportunities; Committee on pert Murdoch. You have heard of him Chapman Jacobs Roemer Government Reform and Oversight; Clay Kennedy (MA) Sabo before. He is the same foreign plutocrat Clyburn Lewis (GA) Schroeder Committee on International Relations; who came here to the Capitol to meet Collins (MI) Maloney Stockman Committee on National Security; Com- with Speaker GINGRICH just after the Crane McKinney Taylor (MS) mittee on Small Business; Committee Engel Menendez Thompson election. Yes, Rupert Murdoch, he is Fazio Mineta Visclosky on Transportation and Infrastructure; the one with the $4.5 million book deal. Filner Oberstar Volkmer and Select Committee on Intelligence. And in this supposedly open House Gillmor Owens Wolf It is my understanding that the mi- from this podium or any other, did we ANSWERED ‘‘PRESENT’’—1 nority has been consulted and that hear one word about Rupert Murdoch Harman there is no objection to these requests. being the only beneficiary of this piece The SPEAKER pro tempore. Is there of legislation that was just announced NOT VOTING—28 objection to the request of the gentle- as enrolled this morning? Not a word Becerra Ford (TN) Minge was uttered. Berman Gejdenson Pombo woman from Ohio? Boehner Gephardt Reynolds Mr. WISE. Mr. Speaker, reserving the There were 19 business deals affected Bonior Gibbons Rush right to object, the minority has been by this piece of special legislation Browder Inglis Sanders worked out in secret. Eighteen of them Canady Manton Smith (MI) consulted in each of those cases and Chenoweth McCollum Whitfield has no objection, and therefore, I with- failed to make the mark. But 18 of Conyers McDade Williams draw my reservation of objection. them were not owned by Rupert Cramer McDermott Murdoch. His was the only measure in Fattah Mfume The SPEAKER pro tempore. Is there objection to the request of the gentle- the entire country to get this special break, and it did not happen without b 1120 woman from Ohio? the blessing of his good buddy, NEWT Ms. DELAURO changed her vote from There was no objection. GINGRICH. ‘‘nay’’ to ‘‘yea.’’ f So the Journal was approved. f The result of the vote was announced THE CONTRACT WITH AMERICA TAX CUTS AND LOWER DEFICITS as above recorded. (Mr. EWING asked and was given per- f (Mr. HOKE asked and was given per- mission to address the House for 1 mission to address the House for 1 minute and to revise and extend his re- PERSONAL EXPLANATION minute.) marks.) Mr. HOKE. Mr. Speaker, our Con- Mr. MINGE. Mr. Speaker, during rollcall vote Mr. EWING. Mr. Speaker, in response tract With America states the follow- No. 282 on the Journal I was at the George to the last speaker, I think we should Washington University Hospital with my wife ing: On the first day of Congress, the give credit where credit is due, and who was in surgery. Had I been present I Republican House will require Congress that is to Senator CAROL MOSELEY- would have voted ``aye.'' I ask unanimous con- to live under the same laws as every- BRAUN of Illinois. sent that my statement appear in the RECORD one else, cut committee staffs by a Mr. Speaker, tax cuts and lower defi- immediately following rollcall vote No. 282. third, and cut the congressional budg- cits go hand in hand. Tax cuts of 1981 f et. We have kept our promise. resulted in huge increases in Federal In the first 100 days, we will vote on revenue. The problem was that Govern- PLEDGE OF ALLEGIANCE the following items: Balanced budget ment spending rose at an even higher The SPEAKER pro tempore (Mr. amendment, unfunded-mandates legis- rate. BUNNING of Kentucky). The gentleman lation, line-item veto, new crime pack- Here are the facts: In 1980 our tax from Mississippi [Mr. MONTGOMERY] age, National Security Restoration revenues were $517 billion, while Gov- will come forward and lead us in the Act, government regulatory reform, ernment spending was $591 billion. In Pledge of Allegiance. commonsense legal reform, welfare re- 1994, tax revenues were $1.2 trillion, but Mr. MONTGOMERY led the Pledge of form to encourage work, congressional Federal spending was $1.4 trillion. Allegiance as follows: term limits. In other words, people were not taxed I pledge allegiance to the Flag of the We kept our promise on every one of too little, but Washington would not United States of America, and to the Repub- those, passed every one except congres- stop spending too much. lic for which it stands, one nation under God, sional term limits, which 82 percent Mr. Speaker, if we let people keep indivisible, with liberty and justice for all. Democrats voted against, 83 percent more of the money they earn, that cre- f Republicans voted for. ates jobs and stimulates investments. That means higher tax revenues with- Today we are going to vote on a tax MESSAGE FROM THE SENATE out a tax increase. package for family reinforcement, tax A message from the Senate by Mr. I support the Tax Fairness Act of cuts for the middle class, and Senior 1995. Hallen, one of its clerks, announced Citizens Equity Act to allow our sen- f that the Senate had passed without iors to work without Government pen- amendment a concurrent resolution of alty. CAUGHT IN THE MIDDLE the House of the following title: Mr. Speaker, today we are going to (Mr. GUTIERREZ asked and was H. Con. Res. 34. Concurrent resolution au- restore the $24.8 billion in Social Secu- thorizing the use of the Capitol Grounds for given permission to address the House the Ringling Bros. and Barnum & Bailey Cir- rity cuts that were passed by Demo- for 1 minute and to revise and extend cus Anniversary Commemoration. crats in the last Congress. his remarks.) April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4113 Mr. GUTIERREZ. Mr. Speaker, as we STOP SENDING CASH TO RUSSIA minute and to revise and extend her re- debate this so-called middle-class tax (Mr. TRAFICANT asked and was marks.) cut, there is going to be a lot of talk given permission to address the House Ms. HARMAN. Mr. Speaker, I was en- about just who is the middle class. for 1 minute and to revise and extend couraged when the U.S. District Court Well, I do not know if the people in his remarks.) for the Eastern District of New York my district meet your definition of Mr. TRAFICANT. Mr. Speaker, the concluded on Thursday that the core of middle class, but I do know that they Pentagon has pleaded. They have the Defense Department’s don’t-ask, keep getting caught in the middle. begged. They have even offered Russia don’t-tell policy is unconstitutional. My constituents are caught in the special projects. And Russia said, Judge Nickerson is right. middle of a fight within the ranks of ‘‘Nyet. Forget it.’’ At least twice on this floor in the the Republican party about whether to Russia will sell nuclear reactors to previous Congress, Mr. Speaker, I stat- cut taxes for the super rich or just the Iran. Now, think about it, Russia has ed my belief that the ban and the Clin- very rich. already sold submarines to Iran. Now ton administration’s don’t-ask, don’t- My constituents are caught in the Russia is going to sell nuclear reactors tell policy violate the equal protection middle of two failures of phony fiscal to Iran. clause of the 14th amendment, the policy from the GOP, trickle-down eco- Tell me, since when do these Com- rights of free speech and assembly nomics in the 1980’s and its sequel in munists-turned democrats deserve all under the first amendment and the the 1990’s, two budget busters that are of our American cash? ninth amendment right of privacy. squeezing working families like a vise. This debate is still far from over. And others in my district are caught b 1130 Over the weekend, Speaker GINGRICH in the middle because they are treated Last I heard, Mr. Speaker, they still said the House will again review this like pawns in this game, as the Repub- had in Russia missiles pointed at New policy. He is making a mistake on the licans take money from education, nu- York. merits and on the politics. On the mer- trition, and health care to finance tax Now look here. If Boris Yeltsin is its he is wrong because reinstating the cuts for those who are already faring now the new George Washington over ban is unconstitutional. On the politics quite well. there, I am a fashion leader, and I he is wrong because the momentum of We can disagree about who is the should be on the cover of GQ. the first 100 days will quickly unravel true middle class, but it is clear that The bottom line is we have too many as divisive social issues, like the gay those who work hard to get their fami- experts at the Pentagon drinking ban, abortion rights, and school prayer lies through the next day have a lot vodka with Boris. Either that, or they are revisited. more class than those in this House are smoking dope. But, if Congress Mr. Speaker, it is not easy to look who are simply trying to get through wants to save money, stop sending cash the Joint Chiefs in the face and tell the next election. to Russia. them how we think they should orga- Think about it. nize their forces and enforce the mili- f tary chain of command. But it is time f to recognize that gays and lesbians TIME FOR THE GOVERNMENT TO have always been a part of the military LET US CUT TAXES THIS WEEK TIGHTEN ITS BELT and that they have performed their du- (Mr. HAYWORTH asked and was (Mr. CHABOT asked and was given ties with diligence, patriotism, and given permission to address the House permission to address the House for 1 honor. minute.) for 1 minute and to revise and extend f his remarks.) Mr. CHABOT. Good morning. My Mr. HAYWORTH. Mr. Speaker, it is name is STEVE, and I am a tax cutter. REPUBLICAN TAX CUTS ARE PRO- always interesting to listen to my I never realized I had a problem with SENIORS, PRO-JOBS, AND PRO- friends, the liberals on the other side of this compulsion when I was back home FAMILY the aisle, and they do some very cre- in the real world, but, when I landed (Mr. FOX of Pennsylvania asked and ative writing as we just heard from the inside the beltway, I knew I was in real was given permission to address the preceding speaker. trouble. House for 1 minute.) As we begin to debate this issue of I had always believed that we should Mr. FOX of Pennsylvania. Mr. Speak- tax cuts, I think it is important to let working Americans keep more of er, there are three parts of the Con- keep one fact uppermost in our minds: their hard-earned paychecks. I had al- tract With America that are very im- Those who send their hard-earned ways thought we ought to give senior portant to the American people. Al- money to Washington did not cause citizens in this country a break. I ready passed, $180 billion for deficit re- this deficit. Those liberal big spenders thought I was normal, but then I came duction, $190 billion for spending cuts, who sat and dominated this Chamber to Washington, and the liberals and the and now we have tax cuts for individ- for so long, those are the folks who bureaucrats have tried to show me the uals, families, seniors, and small busi- caused this deficit. It is an obvious but error of my ways. They have tried to ness. overlooked point. convince me that the money I always A key goal to move money and power So when the liberals say they cannot thought belonged to the taxpayers out of Washington and back to families afford to cut taxes, what they are real- really belongs to the Federal Govern- and communities, Americans are better ly saying is they will not cut spending. ment. They tried to convince me that off making their own decisions rather This whole debate is evidence of a bureaucrats know best, more better than having Federal bureaucrats mak- disturbing mind-set on the part of the than what the working men and women ing decisions for them. liberals from the other side of the aisle of this country do. They think that bu- The tax relief plan lets families keep which assumes all the money in Amer- reaucrats are smarter than the folks more of their money to save for edu- ica belongs to this Government and back home. cation, a first home, long-term care or that this Government needs the money Well, that is baloney. Maybe being a retirement, lets small businesses invest much more than America’s families. tax cutter is not so bad. In fact, dog- without being penalized, and it will re- Friends, it is the American people who gone it, I am proud to be a tax cutter. peal the unfair Clinton tax on senior need tax relief. They have been tight- Let us cut taxes like the Republicans citizens’ Social Security benefits and ening their belts for years while the want to do this week. allow seniors to make more than Government has continued its big- f $11,280 without deducting from their spending ways. Social Security. Finally, Mr. Speaker, Mr. Speaker, it is time the taxpayer GAYS IN THE MILITARY the tax cut will reduce the deficit, got a break, and it is time this Govern- (Ms. HARMAN asked and was given stimulate investment, and create jobs. ment tightened its belt. permission to address the House for 1 Let us pass the bill. H 4114 CONGRESSIONAL RECORD — HOUSE April 4, 1995 AT LEAST THE REPUBLICANS ARE our seniors. We have the opportunity is shocking. They created this deficit CONSISTENT to protect the American dream. We over the past 40 years, and now they (Mr. ENGEL asked and was given have the opportunity to restore Social want us to continue to pull an out- permission to address the House for 1 Security cuts, and I ask that we do so. rageous sum of money out of the pock- minute and to revise and extend his re- f ets of the American people to pay for marks.) the deficit they created. Amazing. ANNOUNCEMENT BY THE SPEAKER Mr. ENGEL. Mr. Speaker, our Repub- It is time to give money back to the PRO TEMPORE lican friends are continuing their pat- American people. We have increased tern. Now it is an assault on college The SPEAKER pro tempore (Mr. the tax burden on American families student loans and financial aid in order BUNNING of Kentucky). The Chair re- twelvefold since 1950, the year I was born. Enough of that outrage. I say to to get money to finance tax breaks for minds all persons in the gallery that my colleagues, ‘‘They say they know the rich. they are here as guests in the House better how to spend your money. I say Just the other week we saw them and that any manifestation of approval you, as the American people, know how taking school lunches out of the or disapproval of proceedings is a viola- better to spend your money. I call on mouths of America’s children in order tion of the rules of the House. my colleagues to support this tax cut to get money to finance tax breaks for f today.’’ the rich, and now we see them assault- ing working people. They would not LET’S CHANGE THIS JEWEL OF f DENIAL raise the minimum wage. They want to TRADING TOMORROW’S CAPS AND eliminate OSHA, which protects the (Mr. GENE GREEN of Texas asked GOWNS FOR TODAY’S CAPITAL standards in the workplace and the and was given permission to address GAINS safety of American workers, and now the House for 1 minute and to revise (Mr. MASCARA asked and was given they want to repeal Davis-Bacon, and extend his remarks and include ex- permission to address the House for 1 which assures construction workers a traneous material.) minute and to revise and extend his re- prevailing fair wage. Mr. GENE GREEN of Texas. Mr. marks.) There is a rally today at 1 p.m. in Speaker, there is a flaw in the jewel. Mr. MASCARA. Mr. Speaker, my front of the Capitol to protect the We will begin debate today on a bill friends on the other side of the aisle Davis-Bacon Act which will protect that will cut taxes, and the winners have decided to pitch caps and gowns construction workers, and I hope my who will receive the majority of the for capital gains. colleagues will attend. cuts are families with incomes over They have decided it is more impor- Once again we see the same pattern. $100,000. The losers will be deficit re- tant to grant a 50-percent capital gains At least the Republicans are consist- duction, summer jobs, school lunches, tax cut to the wealthy rather than giv- ent: Assault the middle class, help the and education funding. The Speaker ing today’s young adults a chance to rich. Next they will go after Social Se- calls this the crown jewel of the con- build a better tomorrow. curity, Medicare, and Medicaid. Medic- tract. Well, this crown jewel in 1999 Where I come from, high school stu- aid in a block grant? Who is kidding will cause us deficits of over $200 bil- dents used to be able to count on a whom? lion. good-paying job in the mines or Mr. Speaker, the Republicans just There is a flaw in this jewel. Unfortu- steelmills. want to cut, cut, cut, cut the middle nately, to pay for this jewel many No more. Now their brighter tomor- class and help their wealthy friends. young people will lose. Thousands of rows are dependent on high-technology f teenagers will be denied a summer job, industries. And if they want a chance school children will be denied a meal, to even get in the front door, a college RESTORING SOCIAL SECURITY legal immigrants will be denied serv- degree is a must. CUTS ices for the $66 billion welfare reform The $20 billion cut in student loan (Mrs. SEASTRAND asked and was to the cracked crown jewel, seniors will and grant programs proposed by the given permission to address the House be denied by cutting energy assistance, Republicans would close that door and for 1 minute and to revise and extend safe and drug-free schools will be de- end any chance many hard-working, her remarks.) nied $500 million, college students will middle-class families have of sending Mrs. SEASTRAND. Mr. Speaker, it be denied $13 billion to help pay for the their children to college. will come as no surprise to most Amer- flawed jewel. The contract was a deal It is a poor tradeoff and wrong in my icans that the American family and with the rich including unpatriotic book. our senior citizens are overtaxed. It is families who are leaving our country Republicans do not seem to under- certainly no surprise to my mom who and taking their billions with them. stand if you block the path to a college is 83 years old. She is not surprised Let us change this jewel of denial. diploma today, there will be no new that senior citizens are taxed too much f source of capital gains tomorrow. and protected too little. Yet, when the f liberal defenders of big government IT IS TIME TO GIVE BACK MONEY want to find more money to fund their TO THE AMERICAN PEOPLE CUT TAXES NOW bureaucratic programs, they turn to (Mr. SHADEGG asked and was given (Mr. FUNDERBURK asked and was those in our society who can least af- permission to address the House for 1 given permission to address the House ford it, our senior citizens. minute and to revise and extend his re- for 1 minute and to revise and extend We have all heard the shocking num- marks.) his remarks.) bers. Taxes for a family of four have Mr. SHADEGG. My colleagues, we Mr. FUNDERBURK. Mr. Speaker, the gone up from $1 out of every $50 in 1950 are engaged in a great debate, a great debate on the contract’s tax cuts to paying $1 out of every $4 to the Fed- debate which could only occur inside proves one thing: The Democrat Party eral Government today and that many the beltway. The American people have believes that taxpayers exist to serve average income working seniors face no doubt about tax cuts. To listen to the Government monster and they be- tax rates double those that million- my colleagues on the other side, they lieve that the privilege of making and aires face. Taxes that high are simply simply do not get it. There is one fun- keeping your own money is a favor not fair. Yet when President Clinton damental message in America today. It Washington hands out from time to and the Democrats passed the largest is that the Federal Government is too time. That is the difference between tax increase in history disguised as a big, it taxes too much, it spends too the minority party and the new Repub- tax hike on the rich, they actually much, and it regulates too much, and licans: We believe that the taxpayers taxed our seniors by cutting Social Se- the American people have no debate come first—not the Government. curity. about that issue. My opponents, when Mr. Speaker, the total tax burden on This week we have the opportunity they talk about deficit creation and a family with a median income of to do what is responsible and fair for how this tax cut will create deficits, it $50,000 is about $26,000, an incredible 50 April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4115 percent of their earnings; 50 percent of $2,500 while receiving a 2.5-percent in- These are not rich people. The Social the money earned by the people in my crease in taxes. Over 75 percent of our Security earnings limitation has rural district goes to pay for those who tax relief proposal will focus on restor- pushed many older Americans out of will not work. It goes to dumbed-down ing fairness to the middle class. The re- the work force and slowed economic schools, and it feeds Uncle Sam’s fat maining 25 percent will go directly to growth. H.R. 1215 increases the earn- bureaucrats. deficit reduction. The cuts are designed ings limitation by almost $19,000 to When the largest expense people in to lend a helping hand to the middle- $30,000, thereby eliminating the bias my district pay is taxes—and not food, class working family, the $500 per child against older Americans who want to shelter, medical care, and college for family tax credit, the tax credit for remain attached to the work force and their children—that is an atrocity. adoption expenses, and the tax credit it does so without increasing the defi- Mr. Speaker, let us finally do some- for small businesses. cit. thing right for working people. Let us Republicans are committed to reduc- f cut taxes now. ing the burden of government on the f working families. LAST-MINUTE CHANGE IN TAX f LEGISLATION TERMED ‘‘BUSI- SSI AND TRAINING CUTS NESS AS USUAL’’ STUDENT LOAN PROGRAMS (Ms. JACKSON-LEE asked and was (Mr. WARD asked and was given per- given permission to address the House (Mrs. CLAYTON asked and was given mission to address the House for 1 for 1 minute and to revise and extend permission to address the House for 1 minute.) her remarks.) minute and to revise and extend her re- Mr. WARD. Mr. Speaker, I was just Ms. JACKSON-LEE. Mr. Speaker, I marks.) elected in 1994. I am a freshman, and I heard my Republican colleague, but my Mrs. CLAYTON. Mr. Speaker, many was in the Kentucky Legislature for 5 name is SHEILA, and I want to be here young people in America have made a years before that. And, Mr. Speaker, to represent what is best for the work- choice, a choice to get an education, we had a rule in the Kentucky Legisla- ing man and woman in America, and and to get a job and to pursue a career. ture, a hard-and-fast rule, that if lan- not to support billionaire tax loop- They made the right choice that will guage was changed in a bill when it holes. The tax-cut package being of- give them a chance. The Republican went to conference, if language was dif- fered by the leadership on the other Party, however, wants to take that ferent from the way we passed it when side certainly does not respond to chance from them. They want to take it came back from conference, we were them. But aside from the fact that that choice. told it was subject to what we call here their plan ignores deficit reduction, the b 1145 fact remains that their plan still looks a point of order. If we were not told to cut taxes for America’s upper-in- They plan to abolish and restructure what was in that change on the floor, come brackets while imposing greater four major loans and grant programs in front of the entire body, in front of burdens on working- and middle-class that provide aid to college students, the public, in front of the people, it families. threatening to force those students could not be considered. Now, to pay for more billionaire- into a direction that they may not What we have just seen, Mr. Speaker, friendly tax breaks, the other side have chosen. is a change in a bill, a good bill, to pro- wants to cut $13 billion from student Last year millions of students held vide self-employed people the oppor- loan programs—student loans that jobs on the work-study, got low inter- tunity to deduct the cost of their make college dreams possible for mil- est rates, and did not have the burden health care insurance, a bill we are all lions of American students and their of paying interest while they were for, changed to help one person. working- and middle-class parents. studying, and they received grants. Well, Mr. Speaker, that is business as Mr. Speaker, my family worked hard They will not have the opportunity usual, and that is not why the voters to capture a part of the American next year. changed what was going on up here. dream. They also worked hard to give In total, over the next 5 years $13 bil- f their children a chance to succeed. Yet, lion will be taken away from college if there were not Government-backed loans and grant programs. For what? THE VOTE TOMORROW student loans, I would not have been To give the wealthiest Americans a tax (Mr. HASTERT asked and was given able to go to college or get a graduate break. permission to address the House for 1 education. The closer we look at the Republican minute and to revise and extend his re- I would like to think my education tax plan, it certainly is not fair. It is marks.) was a good investment for America. I grotesque. They call these cuts in loans Mr. HASTERT. Mr. Speaker, tomor- have paid back my loans with interest, a savings. I call it a tragedy for Ameri- row when we take up H.R. 1215, the Tax so I cannot understand why the other ca’s future. Fairness and Deficit Reduction Act of side seems bent on slashing the loan f 1995, I urge my colleagues to ponder program now, just as America needs one question: Do they support working well-educated citizens and workers REPUBLICAN TAX REFORM senior citizens in this country, or do more than ever. But yet Rupert BENEFICIAL TO SENIOR CITIZENS they support taxing our seniors out of Murdoch can walk these Halls under- (Mr. ENGLISH of Pennsylvania asked the work force? cover, and the Republicans will give and was given permission to address If Members support our senior citi- our tax dollars to his deal alone. I do the House for 1 minute.) zens, they will support the tax bill. A not understand it, Mr. Speaker. Mr. ENGLISH of Pennsylvania. Mr. vote against the tax bill is a vote f Speaker, while H.R. 1215, the Repub- against senior citizens who want to lican tax program, helps working fami- work, who want to be productive. THE REPUBLICAN TAX CUTS ARE lies, promotes economic growth, and Let me tell the Members why. This FOR EVERYONE creates jobs, it also helps millions of tax bill does two things that will help (Mr. JONES asked and was given per- working senior citizens. older Americans. First, it repeals mission to address the House for 1 Current law imposes harsh penalties President Clinton’s Social Security tax minute.) on senior citizens, particularly those that he passed over Republican objec- Mr. JONES. Mr. Speaker, the Repub- who continue to work beyond the age tions last year; and, second, it in- lican tax fairness and deficit reduction of 65. creases the earnings test so that more proposal cuts taxes for everyone; indi- Today working seniors face higher, seniors will be able to work without viduals, families, and senior citizens. more punishing tax rates than million- getting taxed at a rate twice the Most importantly, the proposal pro- aires in our tax system. Currently sen- amount that millionaires have to pay. vides relief for working families. Since iors who work after age 65 lose $1 in Mr. Speaker, the choice tomorrow is 1988, the working family has had their Social Security benefits for every $3 simple. Either they support our seniors median income plunge approximately they earn above $11,280. or they do not. I urge my colleagues on H 4116 CONGRESSIONAL RECORD — HOUSE April 4, 1995 the other side of the aisle to stop tax- ANNOUNCEMENT BY THE SPEAKER on seniors and at the same time bal- ing older Americans and start giving PRO TEMPORE ance the budget. them the relief they richly deserve. The SPEAKER pro tempore (Mr. We do not have to tax seniors to re- f BUNNING of Kentucky). The Chair wish- duce the deficit—we can and will cut es to remind the Members that ref- our own spending. We must repeal the THE RUPERT MURDOCH TAX erence to Members of the other body is Clinton penalty tax on senior citizens. BREAK not encouraged and is not tolerated in If you support seniors, then support the (Mr. DEUTSCH asked and was given the House. Republican tax relief bill. permission to address the House for 1 f f minute and to revise and extend his re- marks.) CUTS IN PROGRAMS PAVE THE TAX CUT PROPOSAL IS Mr. DEUTSCH. Mr. Speaker, there is WAY FOR TAX BREAK FOR RU- IRRESPONSIBLE an expression that most of us have PERT MURDOCH (Mr. PAYNE of Virginia asked and heard: ‘‘If it walks like a duck and it (Mr. KLINK asked and was given per- was given permission to address the sounds like a duck and it quacks like a mission to address the House for 1 House for 1 minute and to revise ad ex- duck and it smells like a duck, then it minute.) tend his remarks.) is probably a duck.’’ But we might Mr. KLINK. Mr. Speaker, I have Mr. PAYNE of Virginia. Mr. Speaker, want to change that in this Chamber to learned over the years as a journalist 2 months ago, Republican Members of say that ‘‘Maybe it is NEWT GINGRICH.’’ hat where there is smoke there is fire, this House joined me and almost 70 My, my, my—a special tax break for and I have learned as a Congressman other Democrats in supporting the bal- Rupert Murdoch, $63 million, and then that sometimes when there is a fire, it anced budget amendment to the Con- blaming it on Senator MOSELEY-BRAUN. can quickly become an inferno. stitution. All of us might think so, but no one in We began talking at the beginning of We came together out of a shared be- America believes it. this new Congress about the fact that lief that we can’t continue to saddle Mr. Speaker, Mr. GINGRICH, no one in there was something smelly about a American believes that it was Senator the American people with a national $4.5 million book deal for Speaker debt that saps our productive capacity, MOSLEY-BRAUN. You know it was you. NEWT GINGRICH being offered by Rupert You know what was involved. It would hinders job growth, and causes so much Murdoch. Now we find out that it was of our wealth to be used just to service not have happened without you, and it indeed that same Rupert Murdoch who is wrong. It is business as usual in this the national debt. gets $63 million in special tax advan- We heard a lot during that debate Chamber, and it is wrong. tages hidden away in a bill that came I urge the President to veto this leg- about our responsibility to future gen- through conference and was brought erations, about the need for fiscal dis- islation. He needs to veto it. It is not out on this floor last week. what the American people want. It is cipline, an about the need to make I ask the Members, let us take a look tough choices. the absolute wrong way we ought to be at what we are doing. We are being conducting ourselves in this Chamber. Well, what happened? asked to cut Stafford loans which Here we are in April, and the leader- f would cause 4.5 million students’ tui- ship’s idea of fiscal discipline is a 5- tion to go up 20 to 30 percent, but we year, $188 billion tax cut. CUTTING TAXES FOR SENIOR would give $63 million in tax breaks to CITIZENS Mr. Speaker, this tax cut is not the Rupert Murdoch. We are being asked to kind of tough choice that this deficit (Mr. KNOLLENBERG asked and was cut work-study programs that pay 75 given permission to address the House cries out for. It is not disciplined. percent of the wages for students, And it is plain bad economics. for 1 minute and to revise and extend 700,000 students, who are willing to his remarks.) Make no mistake: with this poorly work their way through school, but we times tax cut, the House is ready to re- Mr. KNOLLENBERG. Mr. Speaker, I have $63 million to give away to Mr. would just like to remind the previous peat age-old Washington mistake of Murdoch. borrowing from our children to pay for speaker that it was Senator CAROL Mr. Speaker, as we are taking money what is popular right now. MOSELEY-BRAUN who was primarily re- from women, infants and children, we I urge my colleagues to reject this sponsible for that whole matter. seem to have money for Rupert Mr. Speaker, 2 years ago the Demo- costly and fiscally irresponsible pro- Murdoch, a friend of the Speaker. posal. cratic majority in the House muscled f through the largest tax increase in f U.S. history without one Republican REPEAL OF CLINTON PENALTY vote. TAX ON SENIOR CITIZENS IS AN ODE ON TAX RELIEF Buried deep in tax language, the PART OF TAX RELIEF BILL (Mrs. MYRICK asked and was given Democrats even included a cut in So- (Mr. SAM JOHNSON of Texas asked permission to address the House for 1 cial Security benefits for senior citi- and was given permission to address minute and to revise and extend her re- zens. That’s right, every senior citizen the House for 1 minute.) marks.) making $34,000 is rich according to the Mr. SAM JOHNSON of Texas. Mr. Mrs. MYRICK. Mr. Speaker, as we de- Democrats definition and guess what? Speaker, in 1993, President Clinton and bate tax relief this week—I would like They all got a cut in 1993. the liberal Democrats passed the larg- Members to consider the message of I am proud to say that tomorrow we est tax increase in American history— this poem—sent to me by a constitute: will restore Social Security benefits to $240 billion. Tax his cow, tax his goat their prior level and lessen the squeeze The 1993 tax bill included a provision Tax his pants, tax his coat, on the middle class. that increased—from 50 to 85 percent— Tax his crops, tax his work, Instead of finding clever ways to take Tax his tie, tax his shirt, the tax on Social Security benefits re- Tax his chew, tax his smoke; more money from our senior citizens ceived by senior citizens. Why the Teach him taxes are no joke. and middle-class Americans—we are re- President chose to increase taxes on Tax his oil, tax his gas, storing benefits, lowering taxes, en- people who have worked hard and paid Tax his notes, tax his cash; couraging investment and savings, and taxes all their lives is beyond belief. Tax him good and let him know— letting Americans keep more of their Ironically, this is the same President After taxes he has no dough. hard-earned money. who used Social Security as his excuse If he hollers, tax him more I have a question for my Democratic to oppose the balanced budget amend- Tax him ’til he’s good and sore. colleagues. Can you justify the current Tax his coffin, tax his grave, ment. Tax the sod in which he lays. tax burden on our senior citizens? Can Liberal Democrats chose to raise Put these words upon his tomb; you justify the tax burden on working taxes on our senior citizens instead of ‘‘Taxes drove me to my doom.’’ families? If the answer is no, then sup- cutting their own spending. Repub- And after he’s gone he can’t relax; port our tax reduction package. licans plan to repeal this onerous tax They’ll still be after inheritance tax! April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4117 FEDERAL WORKERS UNDER AT- b 1200 lief for the hard-working taxpayers of TACK BY TERMS OF PENDING America. TAX BILL TAX ON FEDERAL EMPLOYEES PAYING FOR TAX CUT f (Mr. MORAN asked and was given (Mr. WYNN asked and was given per- permission to address the House for 1 BUSINESS AS USUAL minute and to revise and extend his re- mission to address the House for 1 marks.) minute and to revise and extend his re- (Ms. WATERS asked and was given Mr. MORAN. Mr. Speaker, the most marks.) permission to address the House for 1 egregious, unfair aspect of the tax bill Mr. WYNN. Mr. Speaker, the debate minute and to revise and extend her re- that will come before us deals with the this week is not about whether we marks.) people who process our Social Security ought to have a tax cut for the average Ms. WATERS. Mr. Speaker, shame, tax, who patrol our borders, who oper- American or for the seniors or for the shame, shame. Remember the debate ate the Federal Bureau of Investiga- hard-working folks back home. This about the FCC rule that allowed major tion, and who in fact do so many serv- debate is about whether we ought to broadcasting first to sell their firms to ices that we take for granted—the Fed- give most of the tax break to the minorities and women in exchange for eral employees, a quarter of a million wealthiest people in America who tax credits in an effort to create diver- of whom have been cut, requiring those make up to $200,000 a year. I say no. sity in the media? Remember our Re- left to perform much more difficult To raise the money for this tax publican friends who screamed no to work. break, the Republicans have once again that kind of affirmative action? They But the most egregious aspect of this gone after the middle class, this time claimed they were against any pref- is that we are going to take $12 billion in the form of Federal employees who erences? from their retirement plan, which only make an average of $30,000 a year. Well, it is business as usual. They means that the average Federal em- They raised $12 billion by raising the went into the back room and they ployee will pay $760 more per year in pension contribution of Federal em- slipped a dirty little deal in the con- taxes in order to provide a tax cut for ployees by 2.5 percent, which means ference report. They allowed one token the average American of $124. I want to that the average Federal employee minority deal, and guess who surfaces repeat this. The average Federal em- making $30,000 will have to pay $750 in again? NEWT GINGRICH’s friend, Rupert ployee will pay $760 more in taxes to new taxes, because that is what it is, a Murdock, is going to get $63 million in provide a tax cut of $124 for the average tax on Federal employees. tax breaks. You know, the same American. And these are employees So let me see if I have got this Murdock of the $4.5 million book deal who were guaranteed 8 years ago that straight. In order to get a tax deduc- with Speaker GINGRICH? their retirement system would never be tion of $500 per child, the Federal em- The President must veto this dirty changed. ployee under the Republican plan will little deal. Let us take a clean bill to Mr. Speaker, this is an egregious as- have to pay $750. I do not think that the floor to provide health insurance to sault not only on the integrity of the makes good sense. the self-employed and small business Congress but on the security of our Mr. Speaker, this debate is not about persons, without giving more tax Federal employees. a tax break for the folks back home; breaks to the rich. For the Republicans f this debate is about whether we ought it is business-as-usual, cut children, ba- to give a tax break to the wealthiest. PROPOSED LEGISLATION WOULD bies, seniors, students, working people, PROVIDE EXTENSION OF GRAZ- f but they are taking care of NEWT GING- ING PERMITS FOR RANCHERS RICH’s rich friends. TIME FOR TAX RELIEF AND (Mr. COOLEY asked and was given DEFICIT DEDUCTION f permission to address the House for 1 minute.) (Mr. ENSIGN asked and was given THE VICTIM IS TRUTH permission to address the House for 1 Mr. COOLEY. Mr. Speaker, yesterday (Mr. WALKER asked and was given I introduced H.R. 1375, legislation that minute and to revise and extend his re- marks.) permission to address the House for 1 would stop the U.S. Forest Service minute.) from hurting hard-working, law-abid- Mr. ENSIGN. Mr. Speaker, for weeks Mr. WALKER. Mr. Speaker, over the ing ranchers that graze their herds on our colleagues from the other side of last several months we have seen an as- forest system lands. the aisle have accused Republicans of sault on the truth from the liberal My bill would extend Forest Service coddling the rich with tax cuts while Democrats so vicious, so extraor- grazing permits until the Agency com- ignoring the deficit. It is time for the dinary, so mean, that it defies descrip- pletes its obligations under the Na- truth to be heard. H.R. 1215 will not tional Environmental Policy Act. only provide badly needed tax relief for tion. Half of the Forest Service’s 9,000 middle class American families and in- All I can ask my colleagues on the grazing permits issued on 90 million centives for economic growth, but will other side of the aisle is have you no acres of Federal land will expire by the provide the first down payment on our shame? Have you no confidence in your end of 1996. Some of these permits have goal for balancing the budget by the philosophy and beliefs to let the Amer- already expired, and ranchers—by no year 2002. ican people know the truth? From out- wrongdoing of their own—have been de- This bill provides a $500 per child tax right lies on the School Lunch Pro- nied their right to graze their livestock credit to America’s families. The need gram and the school loan program to due to bureaucratic red tape. This is a for this is obvious. In 1950, $1 out of the scandalous muckraking regarding punitive action and is patently unfair. every $50 the American family earned the Committee on Ethics, Democrats The ranchers I know hold up their went to the Federal Government. Now have willfully disregarded honest dia- end of the bargain; they are good the average family of four sends $1 out log. standards of the land, they fulfill their of every $4 to Washington. It is time Republicans have not cut the School obligations, and they have every right for the Federal Government to take its Lunch Program; everyone knows that to expect the Government to get its job hands out of the wallets of American fact. Republicans have had no plans to done. They ought not be punished be- families and let Americans spend the cut the school loan program; everybody cause our Nation’s environmental laws money they earn. knows that fact. Republicans are de- are unreasonable and inflexible. My H.R. 1215 not only provides essential fending the middle class; everyone bill would extend their grazing permits tax relief for American families; it also knows that. When it comes to the sup- until the Forest Service completes its provides $62 billion more in deficit re- posed secret deal regarding Rupert NEPA documentation, so that no duction over 5 years than the President Murdock that was just referred to by rancher is denied a permit because of offered in his fiscal year 1996 budget. It the gentlewoman from California and bureaucratic delays. is time for deficit reduction and tax re- some others out here today, everyone H 4118 CONGRESSIONAL RECORD — HOUSE April 4, 1995 knows that that deal was done by a lib- Is that fair? Is this what the President tax increase. One way we can do that is eral Democrat in the other body on be- meant when he talked about his com- raise the earning limits. Don Bulaski is half of the Chicago Tribune. It is prehensive plan to get our economy a retired Boeing engineer and he wants shameful to suggest that it has some- moving again? to get back active in the community thing to do with Republicans in this in- We are going to begin working this and participate, but he cannot take a stitution. It is in fact a liberal Demo- week to restore fairness to the Tax paycheck over $940 without having his crat who did it. Code. We will restore $25 billion in So- Social Security benefits penalized. Mr. Speaker, when it comes to a cial Security cuts engineered by Clin- Under the H.R. 1215, the tax relief bill, Democrat attack on Republican leaders ton and the Democrats, make it easier we would raise that earnings limit, al- and policies, there is only one victim, to buy that first home, or put your lowing him to be more productive, to and that victim is the truth. children through college, make it easi- take the wisdom he has learned with 35 f er to adopt, and encourage capital for- years of work and bring it into the mation. And we will pay for these tax community, helping other people get BUSINESS AS USUAL IN CONGRESS reductions by cutting wasteful and un- their job better. (Ms. LOFGREN asked and was given necessary government spending. Our How many other Americans are out permission to address the House for 1 philosophy is simple: The taxpayer is there that want to contribute to this minute and to revise and extend her re- not responsible for the deficit; Wash- society, that want to make America marks.) ington is. Let us face up to it. better by being better, by working, by Ms. LOFGREN. Mr. Speaker, I came f restoring the reason and wisdom that to Congress this January 4 with the we need? hope I could change things, but it is A MIDDLE-CLASS TAX CUT? So I stand in support of H.R. 1215, the business as usual here in Congress. (Mr. BARRETT of Wisconsin asked tax relief bill. Mr. Speaker, Last week on a voice vote the House and was given permission to address f passed a bill that would allow tax de- the House for 1 minute and to revise ductions for health insurance for the and extend his remarks.) FIFTY-THREE PERCENT OF THE self-employed, something I support. Mr. BARRETT of Wisconsin. Mr. REPUBLICAN TAX BREAKS IN 10 But hidden in the conference report, Speaker, $200,000. $200,000. $200,000. YEARS BENEFIT BIG BUSINESS, unknown to me, was a very special pro- $200,000. Is that middle class? Is that CORPORATE AMERICA vision that will give tens of millions of the middle-class tax cut we are talking (Mr. VENTO asked and was given dollars in tax breaks to one very rich about? No, that is the Republican tax permission to address the House for 1 publisher. plan we are talking about. To help fam- minute and to revise and extend his re- There is an old saying that says to ilies who make $200,000 because they marks.) the winner goes the spoils, and if that are middle class and they need a tax Mr. VENTO. Mr. Speaker, who gets saying is true, then Mr. Rupert cut. the benefits in the tax bill? Well, in 10 Murdock, the Speaker’s own publisher, Well, I can tell you, you can buy a lot years 53 percent of the benefit goes to made out like a bandit. While the Re- of hamburger helper and generic cereal big business and corporate America. publican Congress has been busy cut- if you make $200,000 a year. But we are The Republicans under the guise of ting student loans and school lunches, going to pay for it. We are going to pay rhetoric say its for the American fam- Mr. Murdock’s friends have been cut- for some of it by going after the kids ily, the working family, in 10 years ting him a sweet deal, to the tune of on school lunch programs. We are over half of benefits are going back to $63 million. going to pay for some of it by going corporate America. This constitutes But the sweet deals do not end there. after students who get college loans. the shift of tax liability. If you are a billionaire, then this 100 We are going to pay for most of it by Thirty years ago corporations paid days have been better than the Twelve sticking it on our children and our nearly 25 percent of the total tax bill in Days of Christmas. The Republican grandchildren because we are going to this country. Today they pay less than Santa Clauses have been busy giving let the deficit grow, and this tax cut is half that amount. And with this Repub- away tax presents to the few dozen going to explode to nearly $700 billion lican bill, with the next $638 million in wealthiest people in this country. If over the next 10 years so people in this tax breaks over 10 years, will provide you have the means to leave the coun- House can go to the American people big business with 53 percent more of try, renounce your citizenship, move to and say yeah, we do not like taxes. the tax cuts in H.R. 1215, the GOP tax a mansion, you can save on U.S. taxes. I do not like takes taxes either. I bill. The tax bill before the House this Must be nice, huh? Only middle-class hate taxes. But even worse than tax week will shift the taxes to the middle families have been saddled with the bill and spend politicians are borrow and income and poorest families in Amer- to pay for these billionaire tax breaks. spend politicians, because at least peo- ica. This is why people are angry. That f ple who pay their bills now can look is why they are mad as hell and are not you in the eye and say I am not going going to take it anymore. And under RESPONSIBILITY FOR THE to stick it to your son and daughter. the rhetoric to protect families the DEFICIT The Republicans will. GOP, have been force feeding legisla- (Mr. SALMON asked and was given f tion through this session which takes permission to address the House for 1 away the ability of working families to minute and to revise and extend his re- SUPPORT H.R. 2115, THE TAX help themselves and to get benefits marks.) RELIEF BILL when they are down and out and trans- Mr. SALMON. Mr. Speaker, well, as (Mr. TIAHRT asked and was given ferring tax breaks to the big corpora- one of my heroes once said, there you permission to address the House for 1 tions. And, to top it off, the lions share go again. I think this is all in the defi- minute and to revise and extend his re- of the individual tax breaks go to the nition. We have heard from the Demo- marks.) wealthy. crats that we intend to give the tax Mr. TIAHRT. Mr. Speaker, I am here Who is responsible for Rupert cuts to the rich. The problem is your to speak in favor of H.R. 1215, the tax Murdoch last week? I do not know, definition of the rich is anybody that relief bill, because of an individual candidly. But I can tell you who is re- works for a living. named Don Bulaski from my district. I sponsible for what is happening this Mr. Speaker, we have heard a lot think it is important we get money week, and that is the radical Repub- from the limousine liberals on the back into his hands, back in the hands lican majority in this House. other side of the aisle about fairness. of Americans and out of the hands of f What they need to explain to us is the bureaucrats here in Washington. what is so fair about the current sys- Mr. Speaker, I think we need to re- THIS IS THE WEEK FOR tem. The Clinton administration’s own store the penalty on Social Security ADDRESSING TAX INEQUITIES statistics show that Americans are that was put on by the big government (Mr. ALLARD asked and was given working harder and getting less for it. party last August in the world’s largest permission to address the House for 1 April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4119 minute and to revise and extend his re- are now looking to other countries for colleagues, do you think all senior citi- marks.) more favorable ways to raise money. zens are rich? You must think so be- Mr. ALLARD. Mr. Speaker, we are I brought this chart out just to show cause that is one group of people who going to hear a lot from the limousine what has been happening in our dis- definitely benefit from our bill. We are liberals on the Democrat side of the couragement of business expansion in repealing the unfair tax increase that aisle this week about fairness. this country. you imposed on the backs of senior Well, let me ask them a few ques- citizens in August 1993. b 1215 tions. You surely remember that. This is It is fair to penalize senior citizens Maximum capital gains tax rate; in the tax increase that considers all sen- who want to remain productive? the United States, it is 28 percent; iors receiving Social Security benefits It is fair to working Americans that France, 18 percent, exempt in Ger- and making $34,000 or more a year the cost of capital in the United States many; Canada, 23 percent; Japan, 20 wealthy. We are also lifting the Social is so much higher than in the rest of percent; the U.K. is 40 percent, but Security earnings limitation so that the industrialized world? they exempt the first 5,500 pounds. seniors who want to work outside the It is fair that married couples are pe- Now, with that kind of tax, we are home past the age of 65 are not un- nalized just because they are married? discouraging businesses from buying fairly penalized if they earn over There is nothing fair about the cur- the machinery and equipment and fa- $11,000 a year. rent tax system. It penalizes work, sav- cilities that are going to increase our Mr. Speaker, it is wrong to raise ing, and investment. But this week we productivity. Our productivity is not taxes on middle income seniors who begin the job of restoring fairness to increasing at the rate of other coun- live on fixed incomes and it is wrong to our tax system. We will start by restor- tries. target working seniors. ing the $25 billion in Social Security Mr. Speaker, I think it is important I ask my Democratic colleagues to cuts engineered by the Clinton White we support this tax bill. help us in passing the tax relief bill. House and the old Democratic Con- f f gress. I think it is important to note that these cuts did not have the sup- WHOSE SIDE ARE THE A CALL FOR OUTSIDE COUNSEL REPUBLICANS ON ANYWAY? port of one Republican Member in ei- (Ms. MCKINNEY asked and was given ther Chamber. (Mr. EDWARDS asked and was given permission to address the House for 1 America’s seniors should not be permission to address the House for 1 minute.) asked to pay higher taxes to solve a minute.) Ms. MCKINNEY. Mr. Speaker, it ap- problem that was made in Washington. Mr. EDWARDS. Mr. Speaker, when pears my colleague from the Sixth Dis- We will fix that this week. Republicans promised welfare reform, trict of Georgia has set a new global f who would have guessed that would standard in blatant, unabashed audac- mean a $63 million special tax break ity. One would think that after the TAX CUTS TO BENEFIT RICH for billionaire Rupert Murdoch? When controversy over his $4.5 million book (Mr. WATT of North Carolina asked Republicans promised immigration re- deal with Rupert Murdoch, he would and was given permission to address form, who would have guessed that have made an effort to distance himself the House for 1 minute and to revise they would mean billionaires should be from the British billionaire. and extend his remarks.) able to avoid hundreds of millions of But no, not this speaker. While slash- Mr. WATT of North Carolina. Mr. dollars in taxes they owe by simply re- ing heating assistance for the elderly Speaker, this morning’s paper reported nouncing their U.S. citizenship? poor, he and his confederate colleagues that the Republicans have reached a When Republicans promised to reor- conspired to protect a $63 million tax deal on the tax cut package. Well, the der American priorities, who would break specifically for Rupert Murdoch. public had better beware, because this have guessed that would mean Repub- No one knew about this grand heist tax cut package has two major prob- licans would vote to protect Star Wars until after it was slipped in during the lems. No. 1, they have told us all of but not to protect Social Security? conference committee. Mr. speaker, this time that the most important When Republicans promised middle- when my colleague delivered his open- thing in life is cutting the deficit. But class tax cuts, who would have guessed ing day speech after accepting the what are we doing? Instead of using that meant people making over $200,000 gavel he said, and I quote, ‘‘here Amer- this money to cut the deficit, we are a year would enjoy an $11,000 a year tax ica comes to work and here we are pre- cutting taxes instead. bonus? paring for those children a better fu- No. 2, we are doing it on the backs of Mr. Speaker, I am for changing gov- ture.’’ End of quote. I didn’t realize poor people. The poor person, the ernment. I am for less government and that by children he meant Rupert $20,000 to $30,000 per year person, the lower deficits and common sense in our Murdoch. Mr. Speaker, now more than $30,000 to $50,000 per year person, will laws. But I think the American people ever, it is time for an outside counsel. get little benefit from this tax cut. The are beginning to ask just whose side f person earning over $200,000 a year in are the Republicans on? ON NATIONAL SECURITY income will get $11,266 in tax cuts. f Nothing for the American people who (Mr. HUNTER asked and was given need it. DEMOCRATS DESPERATELY permission to address the House for 1 This is trickle down economics again. DEMAGOG minute and to revise and extend his re- We ought to reject it out of hand. (Mr. RIGGS asked and was given per- marks.) f mission to address the House for 1 Mr. HUNTER. Mr. Speaker, I might minute.) just say to the gentlewoman who just MORE AND BETTER JOBS NEEDED Mr. RIGGS. Mr. Speaker, one more spoke that my understanding is that (Mr. SMITH of Michigan asked and time, let us see if we can get this right. this special tax break that the Demo- was given permission to address the The tax break inserted in the bill was crats are complaining about was House for 1 minute and to revise and at the request of a Democratic Member slipped in by a Democrat. So I think extend his remarks.) of the other body. that is where the investigation would Mr. SMITH of Michigan. Mr. Speak- Listening to my colleagues this lead. er, what I think we need to talk about morning on the other side of the aisle Let us get back to something that is is what do we do to expand more and reminds me of a saying I once heard, very important to this country. These better jobs in this country? I think we desperate people will demagog any- are two models of what is known as need to realize that almost every piece thing. ‘‘brilliant eyes.’’ That is important to of legislation is a transfer of wealth, You see the Democrats would like us everybody who is concerned about na- and especially appropriation bills and to believe that our tax relief bill is tional security. That means that if taxes. We have increased taxes and reg- taking money from the poor to give it Saddam Hussein launched a missile on ulations so much on business that they to the rich. Let me ask my Democratic our troops in theater in the Middle H 4120 CONGRESSIONAL RECORD — HOUSE April 4, 1995 East, these systems could pick up that 50-year reign for a king this good is too ‘‘(ii) to properly make any other disclosure launched missile, could relay the infor- short. required under section 128 as a result of the mation back to either an American As a member of the Committee on failure described in clause (i); or ship or American theater antimissile International Relations of the House of ‘‘(iii) to provide proper notice of rescission forces and they could launch a missile Representatives, I would like to pass rights under section 125(a) due to the selec- tion by the creditor of the incorrect form like we launched the Patriots against along to the king the committee’s best from among the model forms prescribed by the Scuds that occurred in desert wishes for a speedy and a complete re- the Board or from among forms based on Storm. They could launch a missile at covery. such model forms. the incoming ballistic missile and In the last decades, Thailand has ‘‘(2) EXCEPTIONS FOR CERTAIN ALLEGED VIO- knock it out of the sky before it dam- been an island of tranquility compared LATIONS.—Paragraph (1) shall not apply with aged American troops or American to the strife and war that has visited respect to any action— equipment. its neighbors. His majesty’s wisdom ‘‘(A) described in clause (i) or (ii) of para- These are on display in 2118 Rayburn. has been key to Thailand’s ability to graph (1)(B), if the amount disclosed as the We have an SDI exhibit on display avoid such dangers and cataclysms. finance charge results in an annual percent- today. I would urge all Members to The king is a blessing to Thailand age rate that exceeds the tolerance provided in section 107(c); or come down and look at the emerging and, yes, to the whole world. ‘‘(B) described in paragraph (1)(B)(iii), if— technology we are building for missile Once again, I, my colleagues and my ‘‘(i) no notice relating to rescission rights defense. fellow Americans wish him and his under section 125(a) was provided in any f family greetings and good health from form; or his friends in the United States of ‘‘(ii) proper notice was not provided for any THE NATIONAL DEBT America. reason other than the reason described in such paragraph. (Mr. TAYLOR of Mississippi asked As their new year approaches, we and was given permission to address would like to wish a happy new year to The SPEAKER pro tempore. Pursu- the House for 1 minute.) the king and all the people of Thailand. ant to the rule, the gentlewoman from Mr. TAYLOR of Mississippi. Mr. f New Jersey [Mrs. ROUKEMA] will be rec- Speaker, by the clock on the wall, it is ognized for 20 minutes, and the gen- ANNOUNCEMENT BY THE SPEAKER 20 minutes after 12. By 30 minutes after tleman from Minnesota [Mr. VENTO] PRO TEMPORE 12 this Nation will have spent another will be recognized for 20 minutes. $5 million on interest on the national The SPEAKER pro tempore (Mr. The Chair recognizes the gentle- debt. Because of the national debt, we BUNNING of Kentucky). Pursuant to the woman from New Jersey [Mrs. ROU- are spending $1 million every 2 minutes provisions of clause 5 of rule I, the KEMA]. just to pay the interest. That is not the Chair announces that he will postpone Mrs. ROUKEMA. Mr. Speaker, I yield principal; that is just the interest. further proceedings today on each mo- myself such time as I may consume. That is why I want to compliment tion to suspend the rules on which a re- (Mrs. ROUKEMA asked and was my Republican colleagues on passing corded vote or the yeas and nays are given permission to revise and extend some much-needed cuts. They were not ordered, or on which the vote is ob- her remarks.) the cuts I would have made, but they jected to under clause 4 of rule XV. Mrs. ROUKEMA. Mr. Speaker, the were necessary because we have to re- Such rollcall votes, if postponed, will Truth in Lending Act generally re- duce spending. be taken after debate has concluded on quires lenders to disclose credit terms Let me criticize them for not taking all motions to suspend the rules. to borrowers in a manner that allows those savings and applying it toward f borrowers to compare between lenders. our annual operating deficits but in- One of the remedies available under TRUTH IN LENDING CLASS ACTION stead to give a tax break to million- the Truth in Lending Act for refinance RELIEF ACT OF 1995 aires. and second mortgage loans is the abil- This Nation will still spend about Mrs. ROUKEMA. Mr. Speaker, I move ity to rescind the loan up to 3 years. $200 billion more than it collects in to suspend the rules and pass the bill The Truth in Lending Act has been in- taxes this year. That means the debt (H.R. 1380) to provide a moratorium on terpreted by the courts to allow bor- goes up and that means the interest on certain class action lawsuits relating rowers to seek rescission for minor dis- that, for those of you who are wonder- to the Truth in Lending Act. crepancies, as little as $10, in the re- ing where your tax money goes, the The Clerk read as follows: quired disclosures. biggest portion of the money that you H.R. 1380 If a mortgage is rescinded, the lender pay in taxes goes to pay interest on the Be it enacted by the Senate and House of Rep- must reimburse all fees and costs to national debt, does not pave an inch of resentatives of the United States of America in the borrower, including all interest highway, does not buy one round for Congress assembled, paid for up to 3 years and must release one M–16, does not educate a child. SECTION 1. SHORT TITLE. the mortgage lien, leaving the lender It goes to some rich lending institu- This Act may be cited as the ‘‘Truth in with an unsecured loan. tion and the chances are one out of Lending Class Action Relief Act of 1995’’. In March 1994, the Circuit Court of three that that money goes to a Ger- SEC. 2. MORATORIUM. Appeals for the 11th Circuit in Rodash man or a Japanese lending institution Section 130 of the Truth in Lending Act (15 versus AIB Mortgage Co. allowed a bor- U.S.C. 1640) is amended by adding at the end because they are the ones who control the following new subsection: rower to rescind a mortgage based on a our debt. ‘‘(i) CLASS ACTION MORATORIUM.— technical violation of the disclosure f ‘‘(1) IN GENERAL.—During the period begin- and notice requirements provided for in ning on the date of the enactment of the the Truth in Lending Act. A TRIBUTE TO HIS MAJESTY, Truth in Lending Class Action Relief Act of As a result of the Rodash decision, KING BHUMIBOL ADULYADEJ— 1995 and ending on October 1, 1995, no court nearly 50 class action lawsuits have KING RAMA IX—OF THAILAND may enter any order certifying any class in been filed and in virtually all of the any action under this title— (Mr. ROHRABACHER asked and was ‘‘(A) which is brought in connection with cases, the remedy sought is rescission. given permission to address the House any credit transaction not under an open end We have seen newspaper advertise- for 1 minute and to revise and extend credit plan which is secured by a first lien on ments seeking plaintiffs for further his remarks.) real property or a dwelling and constitutes a class action. These ads are placed by Mr. ROHRABACHER. Mr. Speaker, I refinancing or consolidation of an existing class action attorneys and simply state rise today to express the deep-felt con- extension of credit; and if you have refinanced your mortgage cern by many Members of Congress ‘‘(B) which is based on the alleged failure in the last 3 years, you may be eligible of a creditor— over the health of the king of Thailand, ‘‘(i) to include a charge actually incurred to have your mortgage rescinded. King Rama IX and the enormous sense (in connection with the transaction) in the Mr. Speaker, I will include at the end of relief we all felt on hearing the news finance charge disclosed pursuant to section of my statement reprints of representa- that the king’s health is improving. A 128; tive newspaper advertisements. April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4121 If the courts were to permit borrow- DO YOU WANT YOUR MONEY BACK? publican and Democrat members of the ers to rescind loans as part of a class Have you refinanced your residential mort- Committee on Banking and Financial action lawsuit, based on technical dis- gage or borrowed on your home? Under Fed- Services worked cooperatively in closure and notice violations, the po- eral Laws you may be entitled to recover achieving this temporary legislative tential disruption to the secondary money back from your lender. solution. mortgage market and the liability that This could be thousands of dollars in pay- The legislation is responding to an ment to you or increased equity in your lenders face as well as the impact on home. emergency of sorts, because of the safety and soundness of lending insti- Free consultation to determine if you may number of class action suits, nearly 50, tutions may be enormous. For exam- be entitled to recover money under Federal that have been filed because of tech- ple, since 1991, 11.8 million loans total- Laws. nical violations of disclosure require- ing $1.3 trillion have been refinanced. Call Atty. Stephen Cook. ments provided in the Truth In Lend- The estimated potential cost of re- ing Act. The sheer volume of refinanc- scinding these loans is approximately EDWARD K. O’BRIEN, P.C. ing of home mortgages that has oc- $217 billion. ATTORNEY AT LAW curred in the last few years gives rise This amendment establishes a tem- Needham, MA to a great potential for many more of porary moratorium that begins on the We are consumer lawyers. We have recov- this type of suit. Allowing for the date of enactment of the Truth in ered millions of dollars for mortgage borrow- emergency nature of the problems pre- Lending Class Action Relief Act of 1995 ers like you. sented will, of course, with the expec- and ends on October 1, 1995 on class ac- We are writing to homeowners who refi- tation that we will work cooperatively nanced in the past year with certain lenders. tion lawsuits filed under the Truth in in terms of resolving the deficiencies of (We get our mailing list from public deeds the Truth In Lending Act. Lending Act for certain loans secured records). by real estate. Other types of consumer If you were charged fees for overnight mail For the record, of course, I want to lending will be unaffected. (E.G., Federal Express, Express Mail, etc.) or note to our chairman, the gentleman Last Congress, the House passed by if you were charged fees for couriers, or any from Iowa [Mr. LEACH], and the chair- voice vote a bill, H.R. 5178, that in- other delivery fees, you are probably entitled woman of the subcommittee, the gen- cluded legislative language to address to money damages under the Federal Truth- tlewoman from New Jersey [Mrs. ROU- the problem created by the Rodash de- in-Lending Act. KEMA], that it is my hope that we will Please phone us—with the loan papers in proceed with the deliberations of modi- cision. That language included a cut off front of you—and we will let you know your date for new class actions. H.R. 5178, fying the Truth In Lending Act in an rights under the Federal Truth in Lending orderly manner with regular and full however, was never considered by the Act. (617–449–9111—collect—or mail us the Senate and died at the end of the last sheet showing the closing costs: or fax it to hearings, and trying to deal with the Congress. 617–449–4383, 24 hours. intricacies of what is fundamentally a This temporary moratorium will No obligation: You pay us no fees or costs fairly complex law. allow Congress sufficient time to deal for this phone call. If we find violations and We need to have that careful delib- with the underlying issues in the if you want us to represent you—even then eration so that we can retain the es- you will not pay us fees except out of any re- sence of truth in lending, and deal with Rodash case while putting a temporary covery we get back for you. halt to the certification of class action the streamlining and the avoidance of We are now seeking consumers who make the types of problems that have been lawsuits. payments to: evidenced by this legislation and by This amendment is narrowly focused Sears (PNC) Margaretten Plaza Home Hun- on the potential abuse of the right of tington GMAC, Mellon Citicorp Chemical the events of the last few years. Hope- fully this 6 months will give us the rescission in the Truth in Lending Act. Independence One. time. I ask my colleagues’ support for It does not prevent individual consum- ADVERTISEMENT it. ers from bringing suit under the Truth Since we may agree to represent you, law- Mr. Speaker, I reserve the balance of in Lending Act. It only prevents class yers’ ethics rules require us to disclose this my time. action certifications for suits under the letter is an ‘‘advertisement.’’ Mrs. ROUKEMA. Mr. Speaker, I yield Truth in Lending Act for certain loans b 1230 2 minutes to our colleague, the gen- secured by real estate. Mr. Speaker, I reserve the balance of tleman from Michigan [Mr. CHRYSLER], We are currently working closely my time. a member of the Committee on Bank- with the other body to resolve this Mr. VENTO. Mr. Speaker, I yield my- ing and Financial Services. problem. We believe that they plan to self such time as I may consume. Mr. CHRYSLER. Obviously, Mr. take up the class action moratorium as (Mr. VENTO asked and was given Speaker, when people borrow money soon as practicable. permission to revise and extend his re- they are expected to pay it back. Cer- I am pleased to inform my colleagues marks.) tainly when lawyers start lining their of the broad bipartisan support this Mr. VENTO. Mr. Speaker, I rise, of pockets based on technicalities to keep moratorium enjoys. course, in support of this legislation people from having to pay those funds This moratorium also enjoys broad that was the product of negotiations of back, then it is time for the Congress support from the industry groups, that several members of the Committee on to come forward. is, Mortgage Bankers Association, Na- Banking and Financial Services to ad- I am glad the last Congress came for- tional Consumer Loan Center and oth- dress the results of the 11th Circuit ward, and I am glad we have good bi- ers. Court decision on the case simply partisan support to make this change COLLECT MONEY BACK FROM YOUR LENDER known as the Rodash case, Rodash ver- in this Rodash law, to make sure that If you have borrowed on your home in the sus AIB Mortgage Co. the banks and the mortgage companies last few years, you may be able to rescind The chairwoman, the gentlewoman that have made mortgages over the the loan and get your interest payments back. Create equity in your home whether from New Jersey [Mrs. ROUKEMA] has past few years are not penalized un- you are current or facing foreclosure. well described the purposes and prob- fairly over these kinds of technical- Call Atty. Cook now for free information: lem this legislation addresses. It is a 6- ities. 407–744–1663, Jupiter; 1–800–741–6663, Boca/Del- month moratorium which has biparti- I just rise in support of this legisla- ray. san support and the support of the tion, and appreciate the gentlewoman consumer and industry groups because from New Jersey bringing it forward HOME OWNERS RECOVER MONEY FROM THEIR the measure accomplishes its goal. and having this hearing. LENDERS WITH FEDERAL LAWS The bill provides, as I said, tem- Mr. GONZALEZ. Mr. Speaker, I rise in sup- Two examples in Palm Beach County: porary relief for the mortgage industry port of this bill because it is a reasonable re- Court reduces $276,000 residential mortgage as a whole from the potential ramifica- to only $64,702.45. sponse to a situation that exposes lenders and Judge voids mortgage and orders lender to tions of certain class action suits filed the secondary mortgage market to great un- return over $28,000 to borrower. under the Truth In Lending Act. It is a certainty and potentially exploding liability. I To learn if you can recover money from reasonable solution for the timeframe also endorse this approach because it will not your lender, call: Atty. Stephen Cook. in which we are working today, and Re- impede individuals from seeking relief under H 4122 CONGRESSIONAL RECORD — HOUSE April 4, 1995 the Truth in Lending Act. I applaud the efforts leaves the lender with an uninsured SEXUAL CRIMES AGAINST CHIL- here today because they provide temporary, loan. DREN PREVENTION ACT OF 1995 stop gap relief to the industry, and afford the Therefore, without this moratorium, Mr. SCHIFF. Mr. Speaker, I move to Congress an opportunity to shape long term consumers are going to find sources for suspend the rules and pass the bill reform in a more deliberate and reasoned these kinds of mortgages drying up (H.R. 1240) to combat crime by enhanc- manner. very quickly. It should be emphasized ing the penalties for certain sexual The bill originally introduced to address this that this moratorium can only be on a crimes against children, as amended. so-called emergency situation would have se- class action suit. That means that the The Clerk read as follows: riously eroded key consumer protections in the individual consumer can still file suit H.R. 1240 Truth in Lending Act. It would have eliminated under remedies prescribed by the Truth the consumer's right to rescind a mortgage In Lending Act. Be it enacted by the Senate and House of Rep- resentatives of the United States of America in that had been refinanced. It would have lim- The Truth In Lending Act, let us Congress assembled, have some courage in this House, it is ited the consumer's recourse against the sec- SECTION 1. SHORT TITLE. ondary market when the lender is long gone. a joke. I have worked in the real estate This Act may be cited as the ‘‘Sexual It would have permitted lenders to provide industry. When you come to a closing, Crimes Against Children Prevention Act of faulty loan disclosures. All this, without a hear- no one reads them. Do Members know 1995’’. ing on the subject. All this, in response to a how it works? The banker says ‘‘Here, SEC. 2. INCREASED PENALTIES FOR CERTAIN number of class actions that have been filed sign this.’’ The client says to his CONDUCT IN SEXUAL EXPLOITATION but have yet to be decided in a single instant. broker ‘‘Is it okay?’’ ‘‘Sure. Go ahead OF CHILDREN. If Congress intends to modernize truth in and sign it.’’ The banker has not read The United States Sentencing Commission lending, we need thorough hearings on the is- it, the broker has not read it, and cer- shall amend the sentencing guidelines to in- tainly the person buying the home has crease the base offense level for offenses sues. If we are to reduce burdens on the in- under section 2251 or 2252 of title 18, United dustry, we must not simply shift those burdens not read it. States Code, by at least 2 levels. onto the consumer. Truth in lending must al- It is another example of too much SEC. 3. INCREASED PENALTIES FOR USE OF COM- ways ensure that lenders give consumers government. That is why the people PUTERS IN SEXUAL EXPLOITATION complete, accurate, and uniform disclosures are so upset with government today. OF CHILDREN. about the terms of their loans and their credit There is no common sense left. Let us The United States Sentencing Commission cards. And the Truth in Lending Act must con- at least pass this legislation and give shall amend the sentencing guidelines with tain sufficient penalties to ensure that these us time to get back on the right track respect to an offense under— again, and bring some common sense (1) section 2251(c)(1)(A); or disclosures are made. (2) any of paragraphs (1) through (3) of sec- With these considerations in mind, I look back into this area of the law again. tion 2252(a); forward to working with my colleagues on the Mr. VENTO. Mr. Speaker, I yield my- of title 18, United States Code, to increase other side of the aisle to modernize truth in self 1 minute. the offense level by at least 2 levels if a com- lendingÐto make it a more meaningful act for Obviously, there have been problems puter was used to transmit the notice or ad- consumers and a less burdensome law for the developing with regard to the abuse of vertisement to the intended recipient or to industry. the provisions of law that have a great transport or ship the visual depiction. Mrs. ROUKEMA. Mr. Speaker, I yield problem and pause to an important SEC. 4. INCREASED PENALTIES FOR TRANSPOR- 2 minutes to the gentleman from Wis- segment of our industry in terms of fi- TATION OF CHILDREN WITH INTENT consin [Mr. ROTH], a member of the nancing and the orderly process and TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY. Committee on Banking and Financial proceeding with that. I think it is also The United States Sentencing Commission Services. very evident that truth in lending is an shall amend the sentencing guidelines to in- Mr. ROTH. Mr. Speaker, I thank the enormously important legislation to crease the base offense level for an offense gentlewoman for yielding time to me, inform the consumer and to provide for under section 2423(a) of title 18, United and I want to thank her for bringing up reputable lenders the opportunity to States Code, by at least 3 levels. this legislation, and for the excellent share information so there is a good SEC. 5. TECHNICAL CORRECTION. job she is doing as chairperson of that understanding in terms of going for- Section 2423(b) of title 18, United States committee. ward with mortgages. Code, is amended by striking ‘‘2245’’ and in- Mr. Speaker, this is a very important I think, obviously, when a problem serting ‘‘2246’’. piece of legislation if we are concerned exists here, there is an enormous need SEC. 6. REPORT BY THE UNITED STATES SEN- about our home buyers. I think all of to have solid information in terms of TENCING COMMISSION. Not later than 180 days after the date of us are. It is another example where we making decisions on the part of the the enactment of this Act, the United States have too much government. consumer and on the part of the fi- Sentencing Commission shall submit a re- Here is the Truth in Lending Act nance industry. We want to make cer- port to Congress concerning offenses involv- that passed in 1968, and the gentle- tain that we are trying to respond to ing child pornography and other sexual women from New Jersey I think very what clearly has been a demonstrated crimes against children. In this report the well explained the problem here. Here problem, but I hope that when we get Commission shall include— we have a court coming in and saying ready to legislate we remember the es- (1) an analysis of the sentences imposed for ‘‘Well, you can have rescission.’’ sence of trying to maintain a proper offenses under sections 2251, 2252, and 2423 of title 18, United States Code, and rec- In other words, if you come to the balance in terms of consumer rights ommendations as to any modifications to court in a class action suit, the lender and the importance of that with regard the sentencing guidelines that may be appro- has to give you back your fees and your to this matter. priate with respect to those offenses; interest, up to 3 years. Then we have Mr. VENTO. Mr. Speaker, I have no (2) an analysis of the sentences imposed for lawyers out there advertising. In other further requests for time, and I yield offenses under sections 2241, 2242, 2243, and words, they are looking for complain- back the balance of my time. 2244 of title 18, United States Code, where ants, saying, ‘‘Hey, if you want some Mrs. ROUKEMA. Mr. Speaker, I have the victim was under the age of 18 years, and extra dollars, here is a legal rip-off. no further requests for time, and I recommendations as to any modifications to the sentencing guidelines that may be appro- Come on in and we will help you.’’ yield back the balance of my time. priate with respect to those offenses; I think it shows what happens when The SPEAKER pro tempore. The (3) an analysis of the type of substantial there are no ethics left in a society, question is on the motion offered by assistance that courts have recognized as when there is no sense of right and the gentlewoman from New Jersey warranting a downward departure from the wrong. We should not even have a piece [Mrs. ROUKEMA] that the House suspend sentencing guidelines relating to offenses of legislation like this. the rules and pass the bill, H.R. 1380. under section 2251 or 2252 of title 18, United However, the rescission under this The question was taken; and (two- States Code; statute means that the lender must re- thirds having voted in favor thereof) (4) a survey of the recidivism rate for of- fenders convicted of committing sexual imburse, let me repeat that, all fees the rules were suspended and the bill crimes against children, an analysis of the and costs of the borrower, including all was passed. impact on recidivism of sexual abuse treat- interest paid up to 3 years, and must A motion to reconsider was laid on ment provided during or after incarceration release the mortgage lien. The result the table. or both, and an analysis of whether increased April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4123 penalties would reduce recidivism for these Mr. Speaker, I want to note that the FRANK], who has worked a great deal crimes; and bill that is currently on the desk, and on the measure. (5) such other recommendations with re- the Members have before them in this Mr. FRANK of Massachusetts. I spect to the offenses described in this section suspension, has been amended since the thank the ranking Member for yielding as the Commission deems appropriate. Committee on the Judiciary bill was me the time. The CHAIRMAN. Pursuant to the voted out of committee. The amend- Mr. Speaker, I want to express my rule, the gentleman from New Mexico ment removes a reference to the Rack- appreciation to the chairman of the [Mr. SCHIFF] will be recognized for 20 eteer Influence and Corrupt Organiza- full committee and to the manager of minutes, and the gentleman from tions Act that was in the bill at the the bill. Michigan [Mr. CONYERS] will be recog- time it did pass the Committee on the The gentleman from New Mexico has nized for 20 minutes. Judiciary. explained the amendment, and I appre- The Chair recognizes the gentleman That was removed because some ciate that. from New Mexico [Mr. SCHIFF]. Members on the other side felt that I was the one who offered at the com- Mr. SCHIFF. Mr. Speaker, I yield was an issue, that was the RICO stat- mittee level the amendment that myself such time as I may consume. ute, that was an issue that should not would strike the RICO provision deal- Mr. Speaker, child pornography and be before the House on suspension; that ing with obscenity on cable television. child exploitation are two of the most if that statute were to be considered, it I was unhappy to learn that this was horrendous and repulsive crimes that should be considered under a rule al- going to be done on suspension, and can possibly exist. They have every po- lowing for certain amendments, so in when I raised the issue with the chair- tential not only of causing immediate accommodation to that request, we man of the full committee, the gen- damage to the victims who are forced have amended the bill and removed tleman from Illinois, he was very gra- or lured into those activities, but they that provision from the bill as it stands cious and very fair, and I appreciate it, can ruin a young person’s life virtually now. in leaving that part out of the bill. at the time it has begun. Mr. Speaker, I reserve the balance of So we have a bill now that deals just That is the reason why the Commit- my time. with improving our ability to deter and tee on the Judiciary has brought forth Mr. CONYERS. Mr. Speaker, I yield punish, if deterrence fails, the abuse H.R. 1240, the Sexual Crimes Against myself such time as I may consume. and exploitation of children. It is a Children Prevention Act here today, Mr. Speaker, I rise in support of the very worthy goal which I assume will and why I move to suspend the rules measure, H.R. 1240, which would direct be unanimously supported, and I want and to adopt it. the U.S. Sentencing Commission to in- to express my appreciation to the ma- I want to add, Mr. Speaker, that this crease penalties for child obscenity jority for accommodating my concern. bill was drafted by our colleague, the violations. This bill does not modify I have some very strenuous objec- gentleman from Florida [Mr. MCCOL- the statutory maximum penalties for tions to the RICO extension to the LUM], who because of a scheduling con- these crimes, nor does it create manda- cable TV situation. As I said in com- flict is unable to be on the House floor tory minimum penalties. mittee, I was particularly surprised, at this time. It directs the Sentencing Commis- that I thought that I shared with many This bill toughens the penalties for sion, created by the Congress in 1984, to of my friends on the other side a deep sexual exploitation of children by di- serve as an independent entity within skepticism about RICO, and it there- recting the U.S. Sentencing Commis- the judicial branch to increase the of- fore seemed to me odd that we would sion to increase sentencing guidelines fense levels for certain crimes involv- be extending it at this point. for crimes involving child pornography ing child obscenity. I want to con- In particular, we are dealing here and prostitution. gratulate the Members of the other with some consensual decisions by peo- It increases by a minimum of 17 side, particularly the chairman of the ple to turn on their own television sets, months’ incarceration the range of Committee on the Judiciary, in work- but we can let those arguments go penalties that may be imposed for cre- ing with us to resolve a troubling until a later time, if ever. If the bill ating child pornography. It increases criminal RICO provision in the bill never comes up, I would not be too by a minimum of 6 months incarcer- through a manager’s amendment, so upset; but it is not here. ation the penalties that may be im- that we were able to make this a truly My main purpose today was to ex- posed for trafficking child pornog- bipartisan measure. press my appreciation for the fairness raphy. It increases by a minimum of 1 RICO would have weighed down and that the majority showed, particularly year incarceration the penalties that complicated this measure beyond the the gentleman from Illinois. may be imposed for trafficking in child ability to get the support of some of Mr. CONYERS. Mr. Speaker, I yield 3 pornography if a computer was used in the Members on this side, had that minutes to the gentlewoman from Cali- the transmission of the material or compromise not been worked out. Fi- fornia [Ms. LOFGREN]. transmission of an advertisement for nally, Mr. Speaker, I want to point out Ms. LOFGREN. Mr. Speaker, I cer- the material. that while the Republican majority is tainly will support this bill because it Mr. Speaker, I want to say on that giving back what it took away from does something, although not very point that we have found that as the the fight on child pornography and much, and I did want to express my use of computers and the use of elec- abuse just 3 weeks ago during so-called concern and distress at the very lim- tronic communications increase for commonsense reform, that bill wiped ited and minimal nature of this bill. people in business and for personal use, off the books statutes providing for un- There is a lot I have not agreed with it has, unfortunately, also increased limited punitive damages for sexual in the so-called Contract With Amer- for criminal use, including the sale of abuse against children. It was one of ica, but one of the things I was looking pornographic materials and for the sale the many unforeseen consequences forward to working on with the Mem- of prostitution of children. that the House-passed legal reform bill bers on the other side was to enhance Finally, in this respect, the bill in- wrought, in the speed that it has hast- substantially penalties for child por- creases by a minimum of 1 year incar- ily passed through both the committee nographers and those who would prey ceration the penalties that may be im- and the House. on vulnerable, innocent children. Re- posed for the interstate transportation Therefore, today it is my view that grettably, that did not happen. of a minor for the purposes of causing we are back on track in the fight This bill was introduced in the after- the minor to engage in prostitution, or against child sexual abuse. This is an noon of March 15, and we held our hear- a criminal sexual act. important improvement, and I urge ing at 9:30 a.m. the next day, March 16. Mr. Speaker, the bill also directs the Members of this body to support the When I looked at the bill, I saw that U.S. Sentencing Commission to report measure. there is a 17-month increase for the to Congress on sex crimes against chil- creation of child pornography up to— b dren and to make proposals to curb 1245 and it is not even an increase, it is a such activities for consideration by a Mr. Speaker, I yield 2 minutes to the recommendation, big deal—70 months future Congress. gentleman from Massachusetts [Mr. for creation of child pornography is a H 4124 CONGRESSIONAL RECORD — HOUSE April 4, 1995 recommended sentence? I think that is Mr. CONYERS. Mr. Speaker, I yield ing that important legislation is considered by woefully inadequate. myself 2 minutes, to make it clear that the House of Representatives today. I would point out that even now with the gentlewoman from California has As a staunch supporter of Federal anti-por- the already limited sentences rec- made a very important point here. nography laws, I believe that H.R. 1240 is ommended by the Sentencing Commis- There were two ways that we could long overdue. By directing the U.S. Sentenc- sion, more than 25 percent of the time have moved in this area. One is to di- ing Commission to increase the sentencing those wimpy penalty are not imposed. rect the U.S. Sentencing Commission guidelines for crimes involving child pornog- When I offered an amendment in the to increase penalties for child obscen- raphy and prostitution, this legislation sends a full committee for life imprisonment ity violations. The other was to go into strong message, and demonstrates that we, for those who would create child por- the underlying statute of some of these as a nation, will not tolerate the sexual exploi- nography, who would abuse children, antipornography laws and attempt to tation of our children. that amendment was ruled not ger- increase the penalties there, but we H.R. 1240 directs the Sentencing Commis- mane and properly so. The reason why might have gotten into a wide area sion to increase the base levels for creating it was not germane was that we did not that would infringe on civil liberties and/or trafficking in child pornography by at take time to write a bill that would questions and other highly technical least two levels. Specifically, this means that really go after those who would abuse questions, and this bill would not have for a first time offender convicted of creating children. come up. child pornography, the penalties will be in- We need to take a look at the under- What I am recommending to the creased from the current sentence of 57±71 lying statute, not just advisory rec- committee is that we do not consider months to 70±87 months. Furthermore, for a ommendations by the Sentencing Com- this matter ended because of what we first time offender convicted of trafficking in mission. I know that there are plenty are doing here today. This matter child pornography, the sentence will be in- of people in California doing longer pe- should and has to be revisited. I would creased from 18 to 24 months to at least 24 riods of time for very minor offenses. strongly suggest that we examine ways to 30 months. When we compare those sentences to to directly increase the statutes with- With reports of child pornography becoming these recommendations it is an embar- out getting into a tangle of other prob- increasingly prevalent, we must act now, and rassment to me to say that this is the lems that would not have prevented control the infiltration of the obscenity and filth best we can do. the speedy passage of this bill. that is destroying the fabric of our society. I have a great deal of regard for the This is one of the few bills during From mail order services to computer access, gentleman from New Mexico [Mr. this first 100 days that, by moving with child pornographers are finding it easier to dis- SCHIFF] and the gentleman from Flor- some dispatch, we have not offended tribute their illegal materials. By instituting ida [Mr. MCCOLLUM] with whom I have any sensibilities or precluded anyone harsher penalties for those who are convicted worked. We do not agree on everything, from participating in the method that of creating, selling, and/or distributing obscene but they are fair and reasonable people. we used here in terms of recommending materials we are confirming that the exploi- I understand they are under a dead- that the Sentencing Commission itself tation of our children will no longer be toler- line. They have been given deadlines. increase criminal penalties. ated. In addition, I am optimistic that the in- The gentleman from Illinois [Mr. Mr. Speaker, I have no further re- creased sentencing guidelines will also serve HYDE] indicated that he had been given quests for time, and I yield back the as a deterant to would-be pornographers. a deadline to get this matter to the balance of my time. The Sexual Crimes Against Children Pre- floor. They did what they had to do. Mr. SCHIFF. Mr. Speaker, I yield vention Act is necessary legislation that if ap- The result will be our Speaker coming myself such additional time as I may proved, will provide a solid victory for law down with a laminated copy of the consume. abiding citizens. The Members of the 103d Contract With America, taking a hole I just want to say very briefly, first Congress were successful in passing legisla- puncher, but it is not going to help the of all in response to the gentleman tion that reaffirms existing child pornography vulnerable children of this country. It from Massachusetts who did raise ques- laws and maintains the continued prosecution is not anything worth doing. It is a tions about that portion of this bill of the sexual exploitation of children. The leg- grave disappointment to me. from the committee that dealt with islation we are discussing today goes a step A lot of people ask whether punish- the RICO act, that we were pleased to further by detailing the guidelines for the pun- ment is actually a deterrent when it accommodate him so that these other ishment of these types of crimes. Those who comes to crime. I think legitimate provisions can move forward; and we violate pornography laws should be pros- questions can be asked about that. But appreciate his cooperation on the mat- ecuted to the fullest extent of the law. when it comes to child pornography, a ter. I am proud to support this legislation, and I lucrative business that rewards people I want to point out, with respect to urge my colleagues to join me. who would abuse children, who would the gentlewoman from California, that Mr. SCHIFF. Mr. Speaker, I yield force them to do sexual acts on video, we are here talking about the increases back the balance of my time. it is a lucrative business. If the abusers in penalties. The numbers I quoted The SPEAKER pro tempore (Mr. of children for money knew that they were not the penalty but increases in BUNNING of Kentucky). The question is faced life imprisonment, I think it penalties. on the motion offered by the gen- would have a salutary impact. I think So, for example, the penalty for cre- tleman from New Mexico [Mr. SCHIFF] it would be a deterrent to those who ating child pornography would go from that the House suspend the rules and would harm the children of this coun- a range of 57- to 71-month penalties to pass the bill, H.R. 1240, as amended. try. a range of 70 months to 87 months. So The question was taken. We know from studies that children we are increasing by that number. We Mr. SCHIFF. Mr. Speaker, I object to who are abused have lifelong, often are not establishing those numbers as the vote on the ground that a quorum lifelong problems with the abuse that the penalty in and of themselves. is not present and make the point of they underwent. There is nothing However, I do want to join in what order that a quorum is not present. worse than to harbor and assist those the gentleman from Michigan said, The SPEAKER pro tempore. Evi- who would hurt our children in this which is this is not the last time we dently a quorum is not present. manner. can or should visit this issue. It is an The Sergeant at Arms will notify ab- I understand and hope that we will do extremely important issue. It is one sent Members. better later this year. I look forward to that is occurring all too many times in The vote was taken by electronic de- working on it later this year. But the our society. This is just one step. I vice, and there were—yeas 417, nays 0, tragedy is, this is our chance. We could very much want to thank the gen- not voting 17, as follows: have been here today We could have tleman from Michigan for his support. done something real. We could have Mr. GILMAN. Mr. Speaker, I am pleased to [Roll No. 283] done something tough. But instead all rise in strong support of H.R. 1240, the Sexual YEAS—417 we have got is a little hole punch, a lit- Crimes Against Children Prevention Act. I Abercrombie Archer Baesler tle phrase, and it does not mean very commend my colleague, the gentleman from Ackerman Armey Baker (CA) much. Florida [Mr. MCCOLLUM], for his work in ensur- Allard Bachus Baker (LA) April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4125 Baldacci Emerson Kleczka Quinn Shuster Torricelli PERSONAL EXPLANATION Ballenger Engel Klink Radanovich Sisisky Towns Barcia English Klug Rahall Skaggs Traficant Ms. DELAURO. Mr. Speaker, on roll- Barr Ensign Knollenberg Ramstad Skeen Tucker call No. 282 I was unavoidably detained Barrett (NE) Eshoo LaFalce Rangel Skelton Upton and could not record my vote. Had I Barrett (WI) Evans LaHood Reed Slaughter Vela´ zquez Bartlett Everett Lantos Regula Smith (MI) Vento done so, I would have voted ‘‘aye.’’ Barton Ewing Largent Richardson Smith (NJ) Visclosky Bass Farr Latham Riggs Smith (TX) Volkmer f Bateman Fattah LaTourette Rivers Smith (WA) Vucanovich Becerra Fawell Laughlin Roberts Solomon Waldholtz GENERAL LEAVE Beilenson Fazio Lazio Roemer Souder Walker Bentsen Fields (LA) Leach Rogers Spence Walsh Mr. SCHIFF. Mr. Speaker, I ask Bereuter Fields (TX) Levin Rohrabacher Spratt Wamp unanimous consent that all Members Ros-Lehtinen Stark Ward Bevill Filner Lewis (CA) may have 5 legislative days in which to Bilbray Flake Lewis (GA) Roth Stearns Waters Bilirakis Flanagan Lewis (KY) Roukema Stenholm Watt (NC) revise and extend their remarks, and Bishop Foglietta Lightfoot Roybal-Allard Stockman Watts (OK) include extraneous material, on H.R. Bliley Foley Lincoln Royce Stokes Waxman 1240, the bill just passed, and on H.R. Blute Forbes Linder Sabo Studds Weldon (FL) Boehlert Fowler Lipinski Salmon Stump Weldon (PA) 1380, the bill passed previously. Boehner Fox Livingston Sanders Stupak Weller The SPEAKER pro tempore (Mr. Bonilla Frank (MA) LoBiondo Sanford Talent White BUNNING of Kentucky). Is there objec- Sawyer Tanner Whitfield Bonior Franks (CT) Lofgren tion to the request of the gentleman Bono Franks (NJ) Longley Saxton Tate Wicker Borski Frelinghuysen Lowey Scarborough Tauzin Williams from New Mexico? Boucher Frisa Lucas Schaefer Taylor (MS) Wilson There was no objection. Brewster Frost Luther Schiff Taylor (NC) Wise Brown (CA) Funderburk Maloney Schroeder Tejeda Wolf f Brown (FL) Furse Manton Schumer Thomas Woolsey Brown (OH) Gallegly Manzullo Scott Thompson Wyden Seastrand Thornberry Wynn REMOVAL OF NAME OF MEMBER Brownback Ganske Markey Sensenbrenner Thornton Yates Bryant (TN) Gekas Martinez AS COSPONSOR OF H.R. 310 Serrano Thurman Young (AK) Bryant (TX) Gephardt Martini Shadegg Tiahrt Young (FL) Mr. SCHIFF. Mr. Speaker, I ask Bunn Geren Mascara Shaw Torkildsen Zeliff Bunning Gilchrest Matsui unanimous consent to remove my Shays Torres Zimmer Burr Gillmor McCarthy name as a cosponsor of H.R. 310. Burton Gilman McCrery NOT VOTING—17 The SPEAKER pro tempore. Is there Buyer Gonzalez McDermott objection to the request of the gen- Callahan Goodlatte McHale Andrews Gejdenson Minge Calvert Goodling McHugh Berman Gibbons Oxley tleman from New Mexico? Camp Gordon McInnis Browder Kennelly Reynolds There was no objection. Canady Goss McIntosh Cramer Kolbe Rose Cardin Graham McKeon DeLauro McCollum Rush f Castle Green McKinney Ford (TN) McDade Chabot Greenwood McNulty FAMILY PRIVACY PROTECTION Chambliss Gunderson Meehan b 1312 Chapman Gutierrez Meek ACT OF 1995 Chenoweth Gutknecht Menendez So (two-thirds having voted in favor Mr. RIGGS. Mr. Speaker, by direc- Christensen Hall (OH) Metcalf thereof) the rules were suspended and Chrysler Hall (TX) Meyers tion of the Committee on Rules, I call Clay Hamilton Mfume the bill, as amended, was passed. up House Resolution 125 and ask for its Clayton Hancock Mica The result of the vote was announced immediate consideration. Clement Hansen Miller (CA) The Clerk read the resolution, as fol- Clinger Harman Miller (FL) as above recorded. Clyburn Hastert Mineta A motion to reconsider was laid on lows: Coble Hastings (FL) Mink the table. Coburn Hastings (WA) Moakley H. RES. 125 Coleman Hayes Molinari f Resolved, That at any time after the adop- Collins (GA) Hayworth Mollohan tion of this resolution the Speaker may, pur- Collins (IL) Hefley Montgomery PERSONAL EXPLANATION suant to clause 1(b) of rule XXIII, declare the Collins (MI) Hefner Moorhead House resolved into the Committee of the Combest Heineman Moran Condit Herger Morella Mr. ROSE. Mr. Speaker, I ask that Whole House on the state of the Union for Conyers Hilleary Murtha the RECORD show that I was unavoid- consideration of the bill (H.R. 1271) to pro- Cooley Hilliard Myers ably detained and did not make the vide protection for family privacy. The first Costello Hinchey Myrick reading of the bill shall be dispensed with. Cox Hobson Nadler last vote on Sexual Crimes Against General debate shall be confined to the bill Coyne Hoekstra Neal Children Prevention Act. Had I been and shall not exceed one hour equally di- Crane Hoke Nethercutt here, the vote would have been 418 to vided and controlled by the chairman and Crapo Holden Neumann Cremeans Horn Ney nothing. ranking minority member of the Committee Cubin Hostettler Norwood on Government Reform and Oversight. After Cunningham Houghton Nussle f general debate the bill shall be considered Danner Hoyer Oberstar for amendment under the five-minute rule. It Davis Hunter Obey PERSONAL EXPLANATION shall be in order to consider as an original Deal Hutchinson Olver bill for the purpose of amendment under the DeFazio Hyde Ortiz Mr. MINGE. Mr. Speaker, during rollcall vote five-minute rule the amendment in the na- de la Garza Inglis Orton No. 283 on H.R. 1240, I was at the George DeLay Istook Owens ture of a substitute recommended by the Dellums Jackson-Lee Packard Washington University Hospital with my wife Committee on Government Reform and Over- Deutsch Jacobs Pallone who was in surgery. Had I been present I sight now printed in the bill. Each section of Diaz-Balart Jefferson Parker would have voted ``aye.'' I ask unanimous con- the committee amendment in the nature of a Dickey Johnson (CT) Pastor substitute shall be considered as read. At the sent that my statement appear in the RECORD Dicks Johnson, E.B. Paxon conclusion of consideration of the bill for Dingell Johnson, Sam Payne (NJ) immediately following rollcall vote No. 283. amendment the Committee shall rise and re- Dixon Johnson (SD) Payne (VA) port the bill to the House with such amend- Doggett Johnston Pelosi f Dooley Jones Peterson (FL) ments as may have been adopted. Any mem- Doolittle Kanjorski Peterson (MN) ber may demand a separate vote in the Dornan Kaptur Petri PERSONAL EXPLANATION House on any amendment adopted in the Doyle Kasich Pickett Mrs. KENNELLY. Mr. Speaker, I was Committee of the Whole to the bill or to the Dreier Kelly Pombo unavoidably detained during rollcall committee amendment in the nature of a Duncan Kennedy (MA) Pomeroy substitute. The previous question shall be Dunn Kennedy (RI) Porter vote 283 because I was with constitu- considered as ordered on the bill and amend- Durbin Kildee Portman ents here for a meeting, and HUD Sec- Edwards Kim Poshard ments thereto to final passage without inter- Ehlers King Pryce retary Cisneros met with us. Had I vening motion except one motion to recom- Ehrlich Kingston Quillen been here, I would have voted ‘‘aye.’’ mit with or without instructions. H 4126 CONGRESSIONAL RECORD — HOUSE April 4, 1995 b 1315 would be considered on the Suspension Mr. Speaker, I yield such time as she The SPEAKER pro tempore (Mr. Calendar this week along with several may consume to the gentlewoman from BUNNING of Kentucky). The gentleman other bills that enjoy widespread, bi- Illinois [Mrs. COLLINS], the ranking mi- from Colorado [Mr. MCINNIS] is recog- partisan support. nority member of the full committee. nized for 1 hour. For that reason, we are concerned Mrs. COLLINS of Illinois. Mr. Speak- Mr. McINNIS. Mr. Speaker, for the about the way this bill happened to end er, I, too, favor this open rule, but I purpose of debate only, I yield the cus- up in the Rules Committee at all. Un- must say that I believe this bill should tomary 30 minutes to the gentleman like most of the legislation that came have been placed on the suspension cal- from California [Mr. BEILENSON], pend- out of the Contract With America, H.R. endar, having been reported by our ing which I yield myself such time as I 1271 was the result of bipartisan delib- committee, as amended, by a unani- may consume. During the consider- eration and agreement amongst mem- mous vote. ation of this resolution, all time yield- bers of the Government Reform Com- However, late last week, I was in- ed is for the purpose of debate only. mittee and of its Subcommittee on formed that unless the minority agreed (Mr. McINNIS asked and was given Government Management, which is to four changes in the bill proposed by permission to include extraneous mate- chaired by my colleague and good the majority leader’s staff, the bill rial). friend, the gentleman from California would not be placed on the suspension Mr. MCINNIS. Mr. Speaker, House [Mr. HORN]. calendar. Instead, it would go to the Resolution 125 is a very simple resolu- The hearing was held, expert wit- floor under a rule. The subcommittee tion. It is an open rule providing for 1 nesses representing a cross-section of chair, Mrs. MALONEY, and I objected to hour of general debate. The general de- organizations interested in the use of these last minute demands, so that is bate is to be equally divided between surveys testified, as did Senator why we went to the Committee on the chairman and the ranking minority GRASSLEY and as did representatives of Rules yesterday. member of the Committee on Govern- the Census Bureau and of OMB. Let me briefly describe the history of ment Reform and Oversight. After gen- In short, the subcommittee and com- this bill. Several weeks ago, Chairman eral debate, the bill shall be considered mittee consideration of this legislation CLINGER came to me and indicated that for amendment under the 5-minute was the model of the kind of careful title IV of H.R. 11 was part of the Con- rule. Finally, this resolution provides and detailed deliberation we should ex- tract With America, and he wanted to one motion to recommit, with or with- pect on all the legislation we consider. pass it out of committee before the out instructions. This open rule was re- In fact, the ranking minority mem- April district work period. He asked me ported out of the Committee on Rules ber of the committee convinced Demo- to support the bill. by voice vote. crats to not offer amendments during After carefully examining the bill, I This open rule demonstrates that the the consideration of the bill by the full concluded that the language in title IV new majority intends to honor its com- committee. It was her understanding went well beyond any rational effort to mitment to have a more fair and open that a bipartisan agreement had been protect the privacy of minors. It ap- legislative process. The resolution pro- reached, she honored that agreement peared to me that title IV would have vides the House with an opportunity to and refused to support any amend- dangerously limited local police au- review the bill, debate it, and yes, if ments. thority to question minors, and risked necessary, to amend the legislation. Unfortunately, it appears that the investigations of child abuse. I was also The Contract With America includes reason we now have a rule for the bill, concerned that the bill could have been a commitment to protect and strength- instead of considering it under suspen- interpreted to limit the ability of doc- en the rights of families. H.R. 1271, The sion of the rules, is a last-minute deci- tors to get timely patient information Family Privacy Protection Act of 1995, sion by the Republican leadership not on children. Moreover, since I did not provides for parents’ rights to super- to back the committee product, which know how this language would affect vise and choose their children’s partici- was so carefully written. federally-assisted surveys, I suggested pation in any federally funded survey So, Mr. Speaker, while we do not op- that we hold a hearing to examine the or questionnaire that involves intru- pose this open rule, we are concerned implications of the legislation. Chair- sive questioning on sensitive issues. about the change in direction it rep- man CLINGER, of course, agreed to do This legislation responds to the con- resents and the fact that a good-faith so. cerns of many parents and guardians agreement has not been kept. It is par- On March 16, the Subcommittee on that certain federally funded surveys ticularly worrisome when, as the rank- Government Management, Informa- have inquired into matters that should ing minority member, Mrs. COLLINS, tion, and Technology, chaired by Mr. be left to the families themselves. told the Rules Committee yesterday, HORN, held a hearing on title IV of H.R. The Family Privacy Protection Act, the reason for the new strategy is 11. In preparation for that hearing, Mr. establishes a consent requirement for based on the desire to ‘‘return to con- HORN asked a cross-section of edu- those conducting a survey or question- cepts that were rejected by everyone at cational, health and related profes- naire funded in whole, or in part, by the committee meeting.’’ sional associations to comment on the the Federal Government. Simply put, We feel confident that the ranking bill. In addition, he assembled two ex- individuals seeking responses of minors minority member of the subcommittee pert panels of witnesses to testify at on surveys or questionnaires must ob- and of the full committee will be as the hearing. tain parental consent before asking convincing during floor debate as they Two major concerns emerged regard- seven types of sensitive questions. The were in their committee deliberations ing title IV. First, the bill was drafted bill also provides five types of com- on this issue. We hope that the Mem- in a fashion that was more than broad. monsense exceptions from this require- bers of the House will listen carefully It would have hampered law enforce- ment. and respond as responsibly as did the ment efforts to protect children. This I urge my colleagues to support the committee members themselves. view was perhaps most clearly articu- rule, and the underlying legislation. We are all, of course, interested in lated by the Department of Justice. In Mr. Speaker, I reserve the balance of safeguarding the privacy rights of mi- a letter to Chairman HORN dated March my time. nors and their families, which is the 21, Kent Markus, Acting Assistant At- Mr. BEILENSON. Mr. Speaker, I objective of this bill. All of us should torney General, stated that the bill’s yield myself such time as I may also be appreciative of the great care proposed restrictions: ‘‘* * * will un- consume. the members of the committee took to necessarily limit disclosure of informa- Mr. Speaker, we support this open ensure that the bill actually reflects tion developed in criminal investiga- rule for H.R. 1271, the Family Privacy that important objective and that its tions of child prostitution, child sexual Protection Act, legislation which, as provisions are in fact practicable. abuse, and child pornography, and im- reported unanimously by the Govern- Mr. Speaker, we support this open pede the provision of child protective ment Reform and Oversight Commit- rule; we urge its passage so that we services.’’ tee, appeared to have no opposition. In may proceed with the consideration of The other major issue concerned the fact, we were advised that the bill H.R. 1271 today. bill’s requirement for prior written April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4127 consent. Every expert witness who ad- in a program receiving financial assist- on Rules, that members came up to dressed this issue testified that requir- ance. him and asked him for amendments. So ing prior written consent would under- These changes reflect the reality the chairman of the committee then cut the effectiveness of critical Fed- that surveys and questionnaires within agreed that this should come to the eral, State, and local surveys. a school setting are different from sur- floor instead of on suspension and be After the subcommittee hearing, dis- veys in other areas. It may be reason- offered under an open rule. So I yield cussion commenced to determine able to require written consent for to the gentlewoman to explain, is she whether a compromise was possible. school-based surveys as required by proposing a closed rule? What is her ob- Shortly after that meeting, we were Goals 2000. In that setting, it is com- jection? presented with an amendment in the mon practice for children to carry con- Mrs. COLLINS of Illinois. If the gen- nature of a substitute by Chairman sent forms back and forth on a daily tleman will yield further, my objection HORN and Chairman CLINGER. Although basis. However, in other areas, obtain- is not to the open rule. My objection is we were not involved in drafting the ing written consent will be next to im- to the fact that we worked out a bipar- substitute, it did address several issues possible. tisan piece of legislation that some that we had concerns about, and the As Dr. Lloyd Johnston, program di- staffer on the gentleman’s side of the concerns of the witnesses. rector, Survey Research Center, at the aisle did not like, and that the mem- In the spirit of compromise, Mrs. University of Michigan testified: bers on both sides of the aisle had MALONEY and I accepted the Horn- The representativeness of the national Clinger bill. The bill passed out of sub- worked out in the Government Reform samples will be dramatically poorer than in and Oversight Committee has been ne- committee with two unanimously the past, because many parents fail to re- agreed upon changes. The bill was re- spond in writing even though they have no gated. This does not make any sense to ported unanimously by the full com- objection to their children’s participation. me. mittee. Similarly, Mr. William Butz, Associ- First of all, if there is a deal, there is At the full committee markup, sev- ate Director for the Bureau of the Cen- a deal, if there is going to be biparti- eral Democratic Members, as has been sus testified: sanship on legislation, where there can be, and if not, there is no need for us to already suggested, wanted to offer Written consent would reduce response amendments, and I said we have a deal rates, increase costs, and/or increase survey even try. I think that is what we are here, and, therefore, I am not going to bias. Requiring written consent would reduce all about. I thought this was a body support any amendments at all. the flexibility of statistical agencies, like where on both sides of the aisle we can It was not until late last Wednesday, the Census bureau, to collect data cost effi- work together on legislation for the we were informed by Chairman HORN, ciently. good of the people of the United States that and I quote: ‘‘There are four Moreover, as a matter of federalism, of America. changes the majority leader’s staff why should we dictate to State and Now if it means we are going to work would like to see changed in the bill re- local recipients of Federal financial as- and hope that we have trust and faith ported from the committee in order to sistance the type of consent they in each other and somebody is going to reflect the contract language.’’ should require? If the States know best come behind a back door and create a No Member contacted me to com- how to administer welfare benefits, deal, there is no need to even try to plain about the bill. There was no ex- they should also know best what type work in a bipartisan manner. I thank planation offered by Chairman CLINGER of consent should be required. the gentleman for yielding. to support these changes. No one came In conclusion, I would say that the Mr. MCINNIS. Reclaiming my time, I up with any new revelations to justify only reason that this bill was not on do not get that understanding at all. I the return to concepts that were re- the suspension calendar is because of think that when the chairman is there jected by everyone. The only argument shameful backroom politics. It points after the markup and members have was that the majority leader’s staff out that the leadership staff and not come up to him—and there was no deal wanted the bill to more closely reflect the committee members now control made in the committee markup about the contract language. legislation in the Government Reform this, about coming to the floor. When The last time I looked at the House and Oversight Committee. This proc- members came up to the chairman and Rules, staff were prohibited, in fact, ess, I believe, will destroy the biparti- said ‘‘Look, the bill appears to be non- from offering amendments. The valu- sanship on the committee. It saddens controversial. We have a few amend- able time of the House will be taken up me that we have come to this point ments that appear to be noncontrover- because leadership staff have decided today. sial that we would like to have on the that they do not want this delicate Mr. MCINNIS. Mr. Speaker, I yield floor.’’ I still do not understand compromise worked out by Democratic myself such time as I may consume. through all the rhetoric that I have and Republican members of the Com- Well, first of all, to the gentlewoman just heard what the gentlewoman’s ob- mittee on Government Reform and from Illinois, your statement about jection is to an open rule. Oversight. shameful back-room politics is gar- Mrs. COLLINS of Illinois. As I say for Now, after the fact, Members are try- bage. I do not know what you are ob- the third time, I have no objection to ing to justify a staff decision, I think, jecting to. We have an open rule. What by arguing that written consent is im- more do you want? the open rule. However, I do have ob- portant to conform this bill’s language If I understand the gentlewoman jection to the implied understanding to the Goals 2000: Educate America from Illinois, you now want a closed that I had that we had fashioned legis- Act, which requires written consent. rule? Let me explain, as I understand lation that was acceptable to both Mr. Speaker, H.R. 1271 has nothing to it, there was no deal broken by bring- sides of the aisle. And I find out now do with Goals 2000. Even with these ing this bill to the floor so Members that that is not the case because a staff proposed amendments, the bill will be could offer amendments to it. member on the gentleman’s side of the significantly different from the Goals As I understand it, I know the com- aisle, not an elected Member of Con- 2000 language. For example, this bill is mittee worked in a bipartisan manner. gress but a staff member, has decided limited only to surveys and question- No commitments were made, from that a bill that had been worked out naires, and does not cover evaluations what I understand, in the committee with Mr. HORN, worked out with Mrs. or analysis. about the status of the bill when it got MALONEY, and worked out with Mr. In addition, it has four major excep- to the floor. CLINGER and myself, should be in some tions not included in the Goals 2000 way changed. It does not seem to me b Act: First, criminal investigations; sec- 1330 that that is the way we should be oper- ond, inquiries regarding the health, After they had the committee mark- ating around here. The staff member is safety, or welfare of a minor; third, ad- up I spoke with the chairman of the not elected to Congress to represent ministration of immigration, internal committee who said members had anybody, and we are. And I think we revenue or customs laws, and fourth, come up to him, and that was at the have a responsibility to our constitu- information required for participation testimony yesterday in the Committee ents. And I think when a person tells H 4128 CONGRESSIONAL RECORD — HOUSE April 4, 1995 you that we have worked out an agree- Mr. BEILENSON. Mr. Speaker, we Hayes McInnis Sawyer Hayworth McIntosh Scarborough ment that we negotiated, that is sup- have no further requests for time on Hefley McKeon Schaefer posed to stand. Now when I was told this side, and I yield back the balance Hefner McKinney Schiff that there were going to be amend- of our time. Heineman McNulty Schroeder ments, nobody showed me any amend- We urge support for the rule. Herger Meehan Schumer Hilleary Meek Scott ment. Nobody said that this has been Mr. MCINNIS. Mr. Speaker, I have no Hilliard Menendez Seastrand changed. I mean, I am the ranking further requests for time, and I yield Hinchey Metcalf Sensenbrenner member on the committee and I think back the balance of my time. Hobson Meyers Serrano Hoekstra Mfume Shadegg the least that could have been done The SPEAKER pro tempore (Mr. Hoke Mica Shaw would have been if you could have said BUNNING of Kentucky). Without objec- Holden Miller (CA) Shays that, ‘‘Look, why don’t you look at tion, the previous question is ordered Horn Miller (FL) Shuster these and see if you agree with these on the resolution. Hostettler Mineta Sisisky Houghton Minge Skaggs amendments.’’ That has not yet hap- There was no objection. Hoyer Mink Skeen pened. The SPEAKER pro tempore. The Hunter Moakley Skelton Mr. MCINNIS. Reclaiming my time, question is on the resolution. Hutchinson Molinari Slaughter Hyde Mollohan Smith (MI) there was no deal that was broken. The question was taken; and the Inglis Montgomery Smith (NJ) There was not any deal made. Speaker pro tempore announced that Istook Moorhead Smith (TX) Mr. Speaker, I yield such time as he the ayes appeared to have it. Jackson-Lee Moran Smith (WA) may consume to the gentleman from Mr. MCINNIS. Mr. Speaker, I object Jacobs Morella Solomon Jefferson Murtha Souder Indiana [Mr. SOUDER]. to the vote on the ground that a Johnson (CT) Myers Spence Mr. SOUDER. Mr. Speaker, I thank quorum is not present and I make the Johnson (SD) Myrick Spratt the gentleman from Colorado for yield- point of order that a quorum is not Johnson, E.B. Nadler Stark Johnson, Sam Neal Stearns ing this time to me. present. Johnston Nethercutt Stenholm Mr. Speaker, I apologize to the gen- The SPEAKER pro tempore. Evi- Jones Neumann Stockman tlewoman from Illinois for not showing dently a quorum is not present. Kanjorski Ney Stokes her directly my amendments which I The Sergeant at Arms will notify ab- Kaptur Norwood Studds Kasich Nussle Stump have testified about in front of the sent members. Kelly Oberstar Stupak Committee on Rules and which we have The vote was taken by electronic de- Kennedy (MA) Obey Talent discussed with committee staff. I also vice, and there were—yeas 423, nays 1, Kennedy (RI) Olver Tanner Kennelly Ortiz Tate want to make it clear as a member of not voting 10, as follows: Kildee Orton Tauzin the Government Reform Committee [Roll No. 284] Kim Owens Taylor (MS) that I am an elected Member of Con- King Oxley Taylor (NC) gress, that I am the person who went to YEAS—423 Kingston Packard Tejeda Kleczka Pallone Thomas the leadership, to the staff of the com- Ackerman Chapman Ensign Klink Parker Thompson mittee and requested additional Allard Chenoweth Eshoo Klug Pastor Thornberry changes in the language, much of Andrews Christensen Evans Knollenberg Paxon Thornton Archer Chrysler Everett Kolbe Payne (NJ) Thurman which was accommodated. But we felt Armey Clay Ewing LaFalce Payne (VA) Tiahrt that going to markup, as we progressed Bachus Clayton Farr LaHood Pelosi Torkildsen through the markup that it was not ap- Baesler Clement Fattah Lantos Peterson (FL) Towns Baker (CA) Clinger Fawell propriate for me to offer any amend- Largent Peterson (MN) Traficant Baker (LA) Clyburn Fazio Latham Petri Tucker ment at that time. I am an elected Baldacci Coble Fields (LA) LaTourette Pickett Upton Member of Congress. I do not appre- Ballenger Coburn Fields (TX) Laughlin Pombo Vela´ zquez ciate that I have been hearing, in Barcia Coleman Filner Lazio Pomeroy Vento Barr Collins (GA) Flake Leach Porter Visclosky ‘‘Dear Colleagues,’’ in the Rules Com- Barrett (NE) Collins (IL) Flanagan Levin Portman Volkmer mittee and on the floor that it was a Barrett (WI) Collins (MI) Foglietta Lewis (CA) Poshard Vucanovich staff-directed request. I had a survey Bartlett Combest Foley Lewis (GA) Pryce Waldholtz Barton Condit Forbes problem in my district as I will bring Lewis (KY) Quillen Walker Bass Conyers Fowler Lightfoot Quinn Walsh out, with my children, as I stated in Bateman Cooley Fox Lincoln Radanovich Wamp the markup in committee. My staff Becerra Costello Frank (MA) Linder Rahall Ward worked hard on this. The majority Beilenson Cox Franks (CT) Lipinski Ramstad Waters Bentsen Coyne Franks (NJ) Livingston Rangel Watt (NC) staff worked hard on this. I am not Bereuter Cramer Frelinghuysen LoBiondo Reed Watts (OK) taking anything away from the fact Bevill Crane Frisa Lofgren Regula Waxman that staff members were involved. I Bilbray Crapo Frost Longley Richardson Weldon (FL) Bilirakis Cremeans Funderburk myself was a Republican staff director Lowey Riggs Weldon (PA) Bishop Cubin Furse Lucas Rivers Weller in the Children and Family Committee Bliley Cunningham Gallegly Luther Roberts White for a while, but I am a Member elected Blute Danner Ganske Maloney Roemer Whitfield to Congress and I am the one who initi- Boehlert Davis Gejdenson Manton Rogers Wicker Boehner Deal Gekas Manzullo Rohrabacher Williams ated the process. Bonilla DeFazio Gephardt Markey Ros-Lehtinen Wilson Mr. BEILENSON. Mr. Speaker, I Bonior de la Garza Geren Martinez Rose Wise yield such time as she may consume to Bono DeLauro Gibbons Martini Roth Wolf Borski DeLay Gilchrest the gentlewoman from Illinois [Mrs. Mascara Roukema Woolsey Boucher Dellums Gillmor Matsui Roybal-Allard Wyden COLLINS]. Brewster Deutsch Gilman McCarthy Royce Wynn Mrs. COLLINS of Illinois. Mr. Speak- Browder Diaz-Balart Gonzalez McCrery Sabo Yates er, for point of clarity, I have here, and Brown (CA) Dickey Goodlatte McDermott Salmon Young (AK) Brown (FL) Dicks Goodling McHale Sanders Zeliff I will bring it over and show it to the Brown (OH) Dingell Gordon McHugh Sanford Zimmer gentleman, a note that is dated March Brownback Dixon Goss 29, 1995: Bryant (TN) Doggett Graham NAYS—1 Bryant (TX) Dooley Green Abercrombie For Representative Maloney (Fax 54709). Bunn Doolittle Greenwood Carolyn: There are 4 changes the majority Bunning Dornan Gunderson NOT VOTING—10 leader’s staff would like to see changed in Burr Doyle Gutierrez Burton Dreier Gutknecht Berman Reynolds Torricelli the bill reported from the committee in Ford Rush Young (FL) order to reflect the ‘‘Contract’’ language. I Buyer Duncan Hall (TX) Callahan Dunn Hall (OH) McCollum Saxton am assured that there will be no more, and Calvert Durbin Hamilton McDade Torres if there are, the Senate will worry about Camp Edwards Hancock them. Canady Ehlers Hansen b 1355 And there is Mr. HORN’S signature on Cardin Ehrlich Harman Mrs. THURMAN, Mr. BROWN of Cali- Castle Emerson Hastert here. Chabot Engel Hastings (FL) fornia, and Mr. MOAKLEY changed I will bring it over right now. Chambliss English Hastings (WA) their vote from ‘‘nay’’ to ‘‘yea.’’ April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4129 So the resolution was agreed to. This legislation, Mr. Chairman, is nors. This bill would standardize that The result of the vote was announced not without precedent. Similar legisla- practice for the Federal Government. as above recorded. tion was enacted into law just last year Several technical issues were raised A motion to reconsider was laid on for the Department of Education with during the subcommittee hearing on the table. an amendment provided by Senator the bill. These drafting problems could The SPEAKER pro tempore. Pursu- GRASSLEY. H.R. 1271 simply broadens have created the unintended con- ant to House Resolution 125 and rule this provision to include all other Fed- sequences of hampering legitimate in- XXIII, the Chair declares the House in eral departments and agencies that are quiry into child abuse, and jeopardizing the Committee of the Whole House on funding surveys or questionnaires important areas of Federal research. I the State of the Union or the consider- given to minors. There are questions am pleased that we were able to clarify ation of the bill, H.R. 1271. on these surveys that parents may and these drafting issues to everyone’s sat- have in the past found to be objection- isfaction. b 1356 able. By strengthening the rights of Mr. Chairman, H.R. 1271 was reported parents, minors and their families will IN THE COMMITTEE OF THE WHOLE by our committee, as amended, by a be protected from having to answer unanimous vote. It is a good bill as it Accordingly, the House resolved it- embarrassing or offensive questions. self into the Committee of the Whole now stands, and should be supported House on the State of the Union for the b 1400 without amendment. consideration of the bill (H.R. 1271) to This legislation provides that paren- Mr. Chairman, I reserve the balance provide protection for family privacy, tal consent is required prior to a minor of my time. with Mr. KNOLLENBERG in the chair. responding to such sensitive questions Mr. CLINGER. Mr. Chairman, I am The Clerk read the title of the bill. as parents’ political beliefs, religious very pleased to yield 5 minutes to the The CHAIRMAN. Pursuant to the affiliations, sexual behaviors or atti- gentleman from California [Mr. HORN], rule, the bill is considered as having tudes, and mental or psychological the chairman of the subcommittee that been read the first time. problems. reported this bill, who has worked very Under the rule, the gentleman from In addition, a few very commonsense long to bring us this bill today. Pennsylvania [Mr. CLINGER] will be rec- and, I think, needed exceptions are in- Mr. HORN. Mr. Chairman, I rise on ognized for 30 minutes, and the gentle- cluded. For example, exceptions are behalf of H.R. 1271, the Family Privacy woman from Illinois [Mrs. COLLINS] provided for protection of childrens’ Protection Act of 1995. Safeguarding will be recognized for 30 minutes. health and safety, inquiries related to the privacy rights of minors and their The Chair recognizes the gentleman criminal investigations, questions re- families is an essential part of the Con- from Pennsylvania [Mr. CLINGER]. lated to the administration of immi- tract With America. Both our Sub- Mr. CLINGER. Mr. Chairman, I yield gration, Internal Revenue, and customs committee on Government Manage- myself such time as I may consume. laws and the seeking of information to ment, Information, and Technology Mr. Chairman, I rise today in very determine eligibility for participation and the Committee on Government Re- strong support of H.R. 1271 which was in a program. The legislation also pro- form and Oversight have taken great recently reported out of the Committee vides that families will have the oppor- care to ensure that the bill’s language on Government Reform and Oversight. tunity for advance availability of each reflects that important objective. This is a small, but very important, survey or questionnaire for review Let me briefly summarize the bill’s bill, I believe, that will protect and prior to making the consent deter- provision. H.R. 1271 establishes a con- help strengthen family values. The mination. sent requirement for those conducting original provision was incorporated as Our country has long recognized the a survey or questionnaire funded in part of H.R. 11, the Contract With rights of parents with respect to the whole or in part by the Federal Gov- America, and very simply provides that education of their children. There is ernment. Those seeking responses of parental consent is required for sur- very strong feeling in this country that minors on surveys or questionnaires veys or questionnaires of minors con- government intervention has under- must obtain the consent of parents or taining highly sensitive or potentially mined that right, that very fundamen- guardians before asking seven types of objectionable questions. tal right. This legislation provides an- invasive questions. This legislation cuts to the core of other step toward reinforcing support The areas of concern for which paren- our value system, Mr. Chairman, for it for the rights of families, again, the tal or guardian consent is required for is the American family which is the fundamental building block of our soci- minors are questions related to: basis of our civilization. Parents have a ety. First, parental political affiliation or right to know what their children are So I would urge strong support of my beliefs; second, mental or psycho- taught and certainly have a right to colleagues for this legislation, and logical problems; third, sexual behav- know what questions may be asked of would reserve the balance of my time. ior or attitudes; fourth, illegal, anti- them and for what purposes those ques- Mrs. COLLINS of Illinois. Mr. Chair- social, or self-incriminating behavior; tions are asked. man, I yield myself such time as I may fifth, appraisals of other individuals Should minors be subjected to ques- consume. with whom the minor has a familial re- tions about their religious beliefs or (Mrs. COLLINS of Illinois asked and lationship; sixth, relationships that are sexual attitudes without parental con- was given permission to revise and ex- legally recognized as privileged, includ- sent? We have all heard about situa- tend her remarks.) ing those with lawyers, physicians, and tions that contain what many would Mrs. COLLINS of Illinois. Mr. Chair- members of the clergy; and seventh, re- view as inappropriate questions for mi- man, H.R. 1271 as it now stands ligious affiliations and beliefs. nors, but it should be left up to the unamended, is a good bill that is in- The bill also provides five types of parents to decide what is and is not ap- tended to protect the privacy of fami- commonsense exceptions from this re- propriate for their own child. In some lies, by requiring parental consent for quirement. They are: The seeking of in- cases questions have been phrased in a certain types of information asked of formation for the purpose of a criminal manner which suggests neutrality or minors in federally funded surveys. investigation or adjudication; any in- even tactic approval for behavior or at- Similar language was passed last year quiry made pursuant to a good faith titudes which might contradict what by the Goals 2000: Educate America Act concern for the health, safety, or wel- the child is being taught in the home. for most programs administered by the fare of an individual minor; adminis- Currently, Mr. Chairman, there are Department of Education. tration of the immigration, internal several large-scale surveys being con- I believe we can all agree that par- revenue or customs laws of the United ducted by the Department of Health ents have a vital role to play in re- States; the seeking of any information and Human Services and the Bureau of search involving children. Standard required by law to determine eligi- Census that cover sensitive issues and practice for most social science re- bility for participation in a program or for which parental consent for minors search today requires some form of pa- for receiving financial assistance; and is not required. rental consent before interviewing mi- seeking information to conduct tests H 4130 CONGRESSIONAL RECORD — HOUSE April 4, 1995 intended to measure academic perform- for federally funded surveys or ques- time, and I yield back the balance of ance. tionnaires that ask sensitive questions my time. The legislation requires that Federal of minors. Concerns have been raised Mr. CLINGER. Mr. Chairman, I yield agencies provide implementation pro- that minors may be asked to partici- back the balance of my time. cedures and ensure full compliance pate in surveys asking personal or pri- The CHAIRMAN. Pursuant to the with the legislation. The procedures vate questions. Included as part of the rule, the amendment in the nature of a shall provide for advance availability Contract With America (H.R. 11). substitute printed in the bill is consid- of each survey or questionnaire for Areas of concern in surveys which ered as an original bill for the purpose which a response from a minor is would require parental consent include of amendment, and each section is con- sought. The Family Privacy Protection questions related to, first, parental po- sidered as having been read. Act does not apply to the Department litical affiliations or beliefs; second, The Clerk will designate section 1. of Education, because a similar provi- mental or psychological problems; The text of section 1 is as follows: sion is already contained in the Gen- third, sexual behavior or attitudes, Be it enacted by the Senate and House of Rep- eral Education Provisions Act pertain- fourth, illegal, anti-social, or self-in- resentatives of the United States of America in ing to that department. The act would criminating behavior; fifth, appraisals Congress assembled, become effective 90 days after enact- of other individuals with whom the SECTION 1. SHORT TITLE. ment. minor has a familial relationship; This Act may be cited as the ‘‘Family Pri- On March 16, 1995, the subcommittee sixth, relationships that are legally vacy Protection Act of 1995’’. held hearings on the legislation. Sen- recognized as privileged, including law- The CHAIRMAN. Are there any ator GRASSLEY was our lead witness. yers, physicians, etc. and seventh, reli- amendments to section 1? Other testimony came from representa- gious affiliations and beliefs. If not, the Clerk will designate sec- tives of the Office of Management and There are some commonsense excep- tion 2. The text of section 2 is as fol- Budget and the Bureau of the Census. tions to the parental consent require- lows: We also heard from an experienced liti- ments for; first, seeking information SEC. 2. FAMILY PRIVACY PROTECTION. gator on behalf of families which have related for criminal investigations or (a) RESTRICTION ON SEEKING INFORMATION suffered harm due to invasive questions FROM MINORS.—Notwithstanding any other posed to their children. We solicited adjudications; second, inquiries related to a good faith concern for the health, provision of law and subject to section 6, in and received written comments from a conducting a program or activity funded in cross-section of interested professional, safety or welfare of an individual whole or in part by the Federal Government educational, and family groups. Both minor; third, administration of immi- a person may not, without the consent of at the Departments of Justice and Health gration, internal revenue or customs least one parent or guardian of a minor or, in and Human Services also submitted laws of the United States and; fourth, the case of an emancipated minor, the prior statements. seeking of information required by law consent of the minor, require or otherwise to determine eligibility for participa- seek the response of the minor to a survey or We found that a strong mandatory questionnaire intended to elicit information parental consent standard was essen- tion in a program or receiving finan- cial assistance. concerning any of the following: tial for federally funded surveys and (1) Parental political affiliations or beliefs. questionnaires given to minors that Legislation covers all Federal agen- (2) Mental or psychological problems. contained privacy-intrusive questions. cies with the exception of the Depart- (3) Sexual behavior or attitudes. In both the statutory and the commit- ment of Education. A very similar pro- (4) Illegal, antisocial, or self-incriminating tee report language we made certain vision is already contained in the Gen- behavior. that parents and guardians would be eral Education Provisions Act which is (5) Appraisals of other individuals with able to consent to their children’s par- specific to that department. whom the minor has a familial relationship. Mr. Chairman, we believe this is im- (6) Relationships that are legally recog- ticipation in these surveys or question- nized as privileged, including those with law- naires. We wanted to be especially vigi- portant legislation. I believe that this yers, physicians, and members of the clergy. lant against situations in which par- is the type of legislation that has bi- (7) Religious affiliations or beliefs. ents would only be notified of surveys partisan support, and I appreciate the (b) GENERAL EXCEPTIONS.—Subsection (a) and would not be given a simple, time to speak on behalf of it. I would shall not apply to any of the following: straightforward way to consent or de- urge my colleagues to vote in favor of (1) The seeking of information for the pur- cline before that survey was provided it. pose of a criminal investigation or adjudica- to their minor children. Mr. GILMAN. Mr. Chairman, I rise today in tion. (2) Any inquiry made pursuant to a good H.R. 1271 was marked up by the sub- support of H.R. 1271, the Family Privacy Pro- faith concern for the health, safety, or wel- committee on March 22 and by the full tection Act of 1995. I commend the gentleman fare of an individual minor. committee on March 23. At its sub- from California [Mr. HORN] and the gentleman (3) Administration of the immigration, in- committee markup, two amendments from Pennsylvania [Mr. CLINGER], who serves ternal revenue, or customs laws of the Unit- were proposed, briefly, debated, and ap- as chairman of our Committee on Government ed States. proved by voice vote. The full Commit- Reform and Oversight, for his efforts in bring- (4) The seeking of any information re- tee on Government Reform and Over- ing this important measure to the floor. quired by law to determine eligibility for sight favorably reported the bill by I support this proposal which establishes a participation in a program or for receiving financial assistance. unanimous voice vote. parental consent requirement for federally (c) EXCLUSION OF ACADEMIC PERFORMANCE Mr. Chairman, H.R. 1271 will advance funded surveys that seek responses of a sen- TESTS FROM RESTRICTIONS.—Any restriction the protection of our children’s and our sitive nature from minors. This legislation re- under any provision of Federal law on the families’ privacy beyond the 1994 quires parental consent for questions relating seeking of information from minors through Grassley safeguards, to protection from to such sensitive areas as: Parental political surveys, questionnaires, analyses, or evalua- all surveys or questionnaires adminis- affiliation, mental or psychological problems, tions shall not apply to any test intended to tered with any degree of Federal fund- sexual attitudes and behaviors, and religious measure academic performance. ing support. We have crafted this bill beliefs. Similar provisions have already been The CHAIRMAN. Are there any in a way which will do that without un- enacted for the Department of Education amendments to section 2? duly hamstringing legitimate public under the General Education Provisions Act. AMENDMENTS OFFERED BY MR. SOUDER interest activities. Accordingly, Mr. Chairman, I urge our col- Mr. SOUDER. Mr. Chairman, I offer Mr. CLINGER. Mr. Chairman, I yield leagues to support this measure which will amendments for sections 2 and 4, and I 2 minutes to the gentleman from Penn- protect the privacy right of American families ask unanimous consent that they be sylvania [Mr. FOX], a member of the by extending to all Departments of the Federal considered en bloc. committee. Government the commonsense parental con- The CHAIRMAN. The Clerk will re- Mr. FOX of Pennsylvania. Mr. Chair- sent provisions which we have previously in- port the amendments. man, I rise to speak in favor of the cluded in legislation pertaining to the Depart- The Clerk read as follows: Family Privacy Protection Act of 1995. ment of Education. Amendments offered by Mr. SOUDER: Page Mr. Chairman, this bill in fact estab- Mrs. COLLINS of Illinois. Mr. Chair- 2, line 9, strike ‘‘without the consent’’ and lishes a parental consent requirement man, I have no further requests for insert ‘‘without the prior written consent’’. April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4131 Page 2, line 13, strike ‘‘intended to elicit’’ and ranking members in the report lan- Another question is, do you or your and insert ‘‘which is intended to elicit, or guage, but I had some additional con- parents, they are asking whether they has the effect of eliciting,’’. cerns because of some things I have attend school functions. They want to Page 3, strike lines 13 through 18 and insert the following: seen going on around the country, not know what the parents know about (c) ACADEMIC PERFORMANCE TESTS.—Sub- directly related to in some cases a Fed- who they are dating. Have you done section (a) shall not apply to tests intended eral survey such as in my district, but things in a relationship that you would to measure academic performance except to some are directly related to Federal not tell your parents about? Another, the extent that questions in such tests would surveys. do your parents approve of your older require a minor to reveal information listed I would first like to read a survey friend, if you have a friend who is at in a paragraph of subsection (a). that was given in my district that least five years older than you? Page 4, beginning in line 10, strike ‘‘if re- quested monetary damages are not in excess caught my attention and prompted me This type of questioning of young of $500’’. to go one step further for written con- people about the parents’ behavior, Mr. SOUDER (during the reading). sent. One problem we have in schools is about the relationship with their par- Mr. Chairman, I ask unanimous con- that you get consent forms, and some- ents is outrageous. We need protection sent that the amendment be considered times mass forms, which we separate, for the children of America, for the and often you do not know whether you parents of America so that you have to as read and printed in the RECORD. The CHAIRMAN. Is there objection have given consent or not given con- have written consent before you can to the request of the gentleman from sent. To some degree this protects probe into private matters. Indiana? schools. This protects people, whether I am sorry for any impact it has on There was no objection. it be religious or political or other cost. I am sorry for any impact it has The CHAIRMAN. Is there objection types of things such as sexual behavior. on future research, if some people do to the original request of the gen- But the particular survey that upset not get their response questionnaires tleman from Indiana [Mr. SOUDER] that me in my district was asked in a high back. We have gone past the point of the amendments be considered en bloc? school and had such questions as: protecting individuals, and we need to There was no objection. Are you a virgin? reinstate the protection for individuals The CHAIRMAN. The gentleman What age were you when you lost your vir- so we do not go on witch-hunts for reli- ginity? from Indiana [Mr. SOUDER] is recog- gious behavior, for deviant sexual be- nized for 5 minutes. Do you use any form of contraceptives? havior, for normal sexual behavior. Do your parents provide your contracep- Mr. SOUDER. Mr. Chairman, I stand Many things in these surveys imply tives? that it is normal to have as a freshman in support of H.R. 1271, but I believe it Do you pay for your contraceptives? must be strengthened to accomplish Do you get contraceptives from your in high school multiple sexual part- our objective of protecting family pri- friends? ners. I think we need to stand up, put vacy. This amendment is in response to Have you had sex with more than one per- this in this law. concerns of parents around the country son? My amendment also lifts the $500 cap about federally funded questionnaires Have you had sex with more than five peo- which, if we leave it at $500, means and surveys, in general much of what is ple? that in effect the parents are going to going on with our children. This will fi- Do you have sex more than three times a probably have to pay more in attorney week? costs to challenge a questionnaire than nally give parents and children the Are you going to wait to have sex until you legal cover that has been theirs from are married? they could recover. the beginning. It will safeguard family Do you know what gonorrhea, genital I believe these amendments are es- privacy unless and until the govern- warts, herpes or syphilis are? sential. They are in our original con- ment has legitimate reason to intrude Do you know if your partner(s) have a sex- tract. I hope my colleagues will sup- upon it. Written consent is essential, ually transmitted disease? port them. not burdensome. The individual dignity Have you ever had an HIV test? The CHAIRMAN. The time of the Have you ever performed or received oral of a child and the privacy of a family gentleman from Indiana [Mr. SOUDER] sex? are paramount to saving an agency Have you ever performed or received anal has expired. time or money. sex? (At the request of Mr. HORN and by Opponents to this amendment in aca- Have you ever had an orgasm? unanimous consent, Mr. SOUDER was demia, the Clinton administration, and Have you ever had a homosexual experi- allowed to proceed for 2 additional the Census Bureau find it troublesome ence? minutes.) that we are seeking prior written con- Do your parents know that you have sex? Mr. SOUDER. I yield to the gen- sent because data for their surveys tleman from California [Mr. HORN]. b might not be as accurate as possible. 1415 Mr. HORN. Mr. Chairman, I ask the They are really saying science and data This type of questionnaire is rep- gentleman, which one of the question- are now more important than the fam- rehensible. I find it particularly rep- naires were federally funded? ily. Is this what we call family values? rehensible because it was given to my Mr. SOUDER. Mr. Chairman, as I This amendment will not protect par- two children, one of whom is a junior said, the question that was in my dis- ents who abuse their children or affect and one of whom is a freshman. trict that was asked my children was legitimate criminal investigations. I believe it is extremely inappropri- not. It is unclear to me whether the This amendment will not interfere ate for this type of thing to be passed one in San Antonio where I read some with academic tests that are truly aca- out in English classes, to be distributed of the questions is. The HHS question- demic. This amendment will not im- by the Federal Government in other naire, which I did not get into detail, pose any additional requirements on cases. had similar questions on how many schools. Schools already assist the U.S. I have a survey here that was distrib- people did you have sexual intercourse Department of Education with obtain- uted under the auspices of HHS, where with? This is a middle school survey. ing written consent and administering they asked similar questions on reli- During your life how many people have surveys through the standards of the gious activity and sexual behavior of you had sexual intercourse with? At General Education Provisions Act children. what age did you first have sexual which covers only Department of Edu- There are others. I have one that was intercourse? Did you drink alcohol or cation surveys. In other words, we al- sent to me from San Antonio where drugs? That was an HHS survey. ready have this type of protection in they start to come into religious activ- Mr. HORN. Mr. Chairman, if the gen- the education bill. ity, asking whether the parents ever tleman will continue to yield, I wanted I have a particular concern in that I scream at each other, whether the par- to clarify that this legislation only ap- am on the Committee on Government ents take a prescription for stress, plies to federally funded in whole or in Reform. I supported this bill. We whether the parents have ever been part surveys, questionnaires, interview worked together with the committee drunk. Do either of your parents get instruments. Most of those were not chairman and subcommittee chairman drunk? that. It is possible that the Federal H 4132 CONGRESSIONAL RECORD — HOUSE April 4, 1995 might fund something like that. I can- the University of Michigan, made a the committee report makes clear, not quite believe it. But that still number of points: H.R. 1271 requires active consent from leaves the local State, the local school First, the national samples will be a parent or guardian. The consent can district, as I think the gentleman dramatically less representative be- be handled in various ways, including would agree, to have such surveys. cause many parents will not respond in in writing. Moreover, mere notice of a Mrs. COLLINS of Illinois. Mr. Chair- writing even though they have no ob- survey is not enough to satisfy the con- man, I move to strike the last word. jection to their children’s participa- sent requirement. Consent must in- Mr. Chairman, while I intend to vote tion. volve both disclosure and the oppor- against the gentleman’s amendment, I Second, schools, not the researchers, tunity to decline. understand his outrage. Mr. SOUDER will be required to contact parents to The amendment also lifts the $500.00 distributed a copy of a questionnaire encourage their written response, since cap on monetary damages for viola- which was used at his children’s school most schools are precluded from giving tions of this bill. Lifting this cap would during the full committee markup of information about parents, their ad- be an open invitation for frivolous liti- H.R. 1271. That questionnaire is abso- dresses or phone numbers to outside gation. Lawyers would have a field day lutely revolting to me, and should people. with this bill. For example, H.R. 1271 never have been distributed to school Third, the required followup will sub- covers surveys involving ‘‘antisocial kids without the consent of their par- stantially increase the costs of the sur- behavior.’’ Yet, the bill has no defini- ents. veys. tion of what constitutes ‘‘antisocial be- However, that questionnaire would Fourth, many parents will have to be havior.’’ It is not hard to imagine mul- not have been affected by this legisla- repeatedly contacted to return the timillion dollar cases for psychological tion. It was distributed by students written consent forms, and they will injury because a particular survey cov- see that as a further intrusion. ered antisocial behavior.’’ from the school who worked on the Mr. William Butz, Associate Director Mr. SOUDER’s attempt to lift the cap school newspaper. That is a matter in- for the Bureau of the Census, which on monetary damages is even more dis- ternal to the local school board, not to conducts the National Crime Victim- turbing in view of his other amend- the U.S. Congress. ization Survey, the Youth Behavior ment to further broaden H.R. 1271. Mr. Local policies on parental notifica- Survey and the Teenage Attitudes and SOUDER proposes to cover any survey tion of surveys and questionnaires are Practices Survey, testified that prior which has the effect of eliciting certain rightfully a matter of local law. The written consent would reduce response types of prohibited information. This Federal Government should not dictate rates, increase costs, and/or increase amendment would give people the op- to State and local governments how to survey bias. Requiring written consent portunity to bring lawsuits for unfore- handle issues of parental notification would reduce the flexibility of statis- seeable mistakes made by minors in re- on surveys. tical agencies, like the Census Bureau, sponding to surveys. H.R. 1271, unanimously approved by to collect data efficiently. In conclusion, Mr. Chairman, I would the Committee on Government Reform Let me quote from a letter from say that at some point this mindless and Oversight, involves only Federal Kevin P. Dwyer, assistant executive di- marching in lockstep must end. The and federally-assisted surveys. The ad- rector for the National Association of only reason we are here is because a ministration tells us that all Federal School Psychologists to Chairman member of the majority leader’s staff agencies already receive the consent of HORN: did not like the bill we unanimously parents prior to sending surveys to mi- It would be functionally more effective to reported out of committee. We must nors. The Administrator of the Office permit ‘‘passive’’ consent, where parents are stand up for what is right, not what of Information and Regulatory Affairs made aware of the information to be sur- some staff thinks is politically correct. testified during a subcommittee hear- veyed and the purpose of the information If committee members lose confidence ing that it is currently standard prac- gathering. This is more cost effective and in the value of talking to one another tice for the Federal Government to re- less burdensome upon both schools and fami- lies. to reach compromises, this House will quire some form of parental consent lose its ability to move forward con- before interviewing minors. H.R. 1271 Sally Katzen, Administrator for the structively. Unfortunately, it is clear would merely standardize the current Office of Information and Regulatory that the bipartisan agreement in our administration practice of requiring Affairs, testified that with few excep- committee was not worth the paper it prior parental consent. tions, surveys are conducted anony- was written on. mously. She states: Supporters of written consent point The CHAIRMAN. The time of the to the Goals 2000: Educate America Act In other words, no personal identifier in- gentlewoman from Illinois [Mrs. COL- formation is collected and the identity of the as a precedent. However, surveys and LINS] has again expired. minor and the family cannot be ascertained. questionnaires within a school setting In this circumstance, it is unclear whether (By unanimous consent, Mrs. COLLINS are different from surveys in other written consent is really necessary to pro- of Illinois was allowed to proceed for 1 areas. It may be reasonable to require tect the privacy of the respondent or the additional minute.) written consent for school-based sur- family. Mrs. COLLINS of Illinois. Mr. Chair- veys as required by Goals 2000. In that The CHAIRMAN. The time of the man, these amendments, while well in- setting, it is common practice for chil- gentlewoman from Illinois [Mrs. COL- tentioned, simply just do not work. As dren to carry consent forms back and LINS] has expired. Chairman HORN said during full com- forth on a daily basis. That is why (By unanimous consent, Mrs. COLLINS mittee approval of this bill, and I school-based surveys receiving Federal of Illinois was allowed to proceed for 3 quote: ‘‘We have attempted to strike funds from the Department of Edu- additional minutes.) the right balance between Government cation require written consent. That Mrs. COLLINS of Illinois. Mr. Chair- power and individual rights.’’ The policy is specifically kept in place by man, we should not second-guess the unanimous subcommittee and full com- H.R. 1271. However, in other areas, ob- unanimous position of every expert mittee votes on H.R. 1271 strongly sug- taining written consent will be next to who testified on this issue. We should gests that we did strike the correct impossible. not second guess the unanimous deci- balance. I urge defeat of the amend- At a hearing held by the Subcommit- sion of the subcommittee and full com- ments. tee on Government Management, Infor- mittee against requiring prior written Mr. CLINGER. Mr. Chairman, I move mation, and Technology, chaired by consent. In the absence of any new evi- to strike the requisite number of Mr. HORN, every expert witness who ad- dence. we should support the unani- words. dressed this issue testified that requir- mous committee position against re- Mr. Chairman, I rise in support of the ing prior written consent would under- quiring written consent. Souder amendment which does provide cut the effectiveness of critical Federal The existing prior consent require- for strengthening and clarifying some surveys. ment in H.R. 1271 will give all parents issues which are contained in the bill. Dr. Lloyd Johnston, program direc- the ability to prevent their children’s First, as has been discussed, it does tor of the Survey Research Center at participation in Federal surveys. As provide the consent must be in writing. April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4133 I would just emphasize that this is legislation. I believe that the Souder In order to solve a problem, we first consistent with a provision that we amendment strengthens the legisla- have to research it. We cannot cure a have included in the GEPA, that is the tion, and the Members will have a sick patient without asking the patient Department of Education bill, which chance to vote their will on this what is wrong. This amendment will we passed last year, which did require amendment. I would rise in support of not cure anything. It will only make it that the consent be in writing. So it the amendment and urge all Members more difficult for researchers to study falls in line with that statute for the to support it. the problem and gain information, and Department of Education. Mrs. MALONEY. Mr. Chairman, I information is the most important It extends a similar type of consent move to strike the requisite number of commodity to any social scientist or request, that is written request, writ- words. legislator. ten consent to all other agencies which Mr. Chairman, I rise to oppose the This amendment would also undo the are involved in conducting these kinds amendment offered by the gentleman thoughtful solution the committee of surveys. So it is not unique. It is not from Indiana [Mr. SOUDER]. This reached on judicial review. As a result a new provision. It is basically just amendment undermines the bipartisan of the hearings, the chairman, the gen- tracking what we had already provided spirit of the compromise which was tleman from California [Mr. HORN], for in GEPA. worked out by myself, the gentle- added to the bill a private right of ac- I think the written consent also has woman from Illinois [Mrs. COLLINS], tion with a limit to $500 of damages in the effect of strengthening, obviously, the gentleman from California [Mr. cases where parental consent was not the parental consent requirement and HORN], and the gentleman from Penn- obtained. ensures that parents understand what sylvania [Mr. CLINGER], the chairman. the survey is about before providing This amendment would require prior The amendment of the gentleman consent, which might not be the case written consent for surveys or ques- from Indiana [Mr. SOUDER] would re- without a formal requirement for writ- tionnaires with Federal funding. move that limit. That seems particu- ten consent, I think that it would cre- This issue was carefully considered in larly ironic to me. Just a few weeks ate less confusion. our subcommittee and rejected. Sev- ago the Republicans fought very hard I think it might also result in less eral professionals testified that prior for tort reform to limit damages. litigation, because we would have proof written consent would do one of two Mr. Speaker, I believe that the un- positive that the consent was in fact things: Block these surveys from ever derlying bill is the best compromise at- given, whereas on an oral consent being performed, or render their con- tainable. In that bipartisan spirit, I thing, that would always be subject to clusions useless, because of skewed urge my colleagues to vote against the question. data. This rejection was confirmed at Souder amendment, and support the Second, the Souder amendment pro- the full committee, where this issue Republicans and Democrats who have vides for judicial review without a cap. was raised. carefully considered the issues raised The other pieces of the amendment I think the committee’s unanimous, by this bill and addressed them respon- just provide clarifications, including bipartisan decision should stand. This sibly in H.R. 1271. the issue that academic tests should amendment addresses no real problem Mr. MCINTOSH. Mr. Chairman, I not include any of the prohibitive is- that anyone can identify. It would also move to strike the requisite number of sues without parental consent. considerably increase the cost of con- words. ducting surveys. Requiring parental b 1430 (Mr. MCINTOSH asked and was given consent may make some sense for sur- permission to revise and extend his re- Let me just say, Mr. Chairman, there veys conducted through the school sys- marks.) was no deal broken, and I listened to tem, but expanding it to all federally Mr. MCINTOSH. Mr. Chairman, let the debate on the rule with regard to funded surveys makes no sense at all. me first say I want to commend the this. I would suggest that no deal was Some who argue in favor of these committee and the gentleman from broken by bringing this bill to the floor changes will talk about what goes on Pennsylvania [Mr. CLINGER], the chair- under an open rule. We worked on the in schools. Let me make it clear right man, the gentlewoman from Illinois bill, as has been indicated, in a very bi- now, Mr. Chairman, this bill does not [Mrs. COLLINS], the gentleman from partisan manner. I think we worked apply to schools. We already have leg- California [Mr. HORN], and the gentle- very constructively with the Repub- islation that does that. Our bill as re- woman from California [Ms. PELOSI], licans and Democrats to fashion this ported requires that any survey or for their hard work on this bill. I think bill. questionnaire using Federal funds must it is a tremendously important piece of I would also say no commitments get parental consent before interview- legislation for us to move forward. Al- were made. It was the intention, in- ing minors. deed, to bring this bill to the floor We asked OMB for a list of Federal though we may disagree on this par- under suspension. It was my sense, surveys that did not get consent. There ticular amendment, I think all are to however, that there were a number of are not any. Our bill protects minors to be commended for their hard work on Members who felt very strongly that the full extent possible, but does not something that will definitely benefit the provision did not go far enough. I destroy information vital to solving families in this country. really suspected perhaps that the some of the most important problems Le me rise in favor of the Souder measure would not prevail if brought facing our country today. amendment. I think it is a reasonable to the floor under suspension, and that We are told that this amendment is addition to this bill. It is an area where all Members should be given an oppor- to bring this bill back into line with Federal leadership can set the tone of tunity to offer amendments, that being the contract, but that is just a smoke- the type of questions that are asked in the case. screen. I believe the changes offered in our schools. After the committee markup we this amendment are designed to block When I go home and talk with par- started to hear not from staff members surveys from ever being performed, ents in my district, time and time but from members, the gentleman from specifically, surveys of teenage behav- again, in Anderson, in Yorktown, in Indiana [Mr. SOUDER] among them, ior, including the causes of rising teen Richmond, parents have come up to me that they wanted to offer amendments pregnancy, drug abuse, and suicide. and said they are very concerned that to the bill. We do have an open rule. Members of both parties are sincere they do not know what is happening in That does not preclude any Member in their desire to solve these problems, their schools. They do not feel that the both on the majority and minority side but pretending a problem does not moral values that they think are im- from offering an amendment to what I exist will not make it nonexistent. By portant to teach their young children think is fundamentally a very strong rendering these surveys worthless or are necessarily being conveyed in the bill as it is. eliminating them altogether, that is school setting. Mr. Chairman, I would say I was very what some Members hope to do, that When they hear about surveys such pleased with how we worked within the will not work. It has never worked. It as the one that the gentleman from In- committee on a bipartisan basis on this is naive. diana [Mr. SOUDER] read to us earlier, H 4134 CONGRESSIONAL RECORD — HOUSE April 4, 1995 their concern is reinforced among par- HHS Youth Risk Behavior Survey that HEW, Mr. MOYNIHAN, suggested 30 ents and the family. I think the Fed- was in middle schools. years ago that if you cannot measure a eral Government is introducing into Mrs. COLLINS of Illinois. Mr. Chair- problem, you cannot solve it. What we the personal lives of the families, and man, if the gentleman will yield fur- are trying to do is come to grips with especially with impressionable young ther, did the Federal Government ask some problems of our Nation. I am schoolchildren, so that I think it is for written consent or any consent be- bringing this troubling information very important that we do have this fore asking those questions? about the census to the attention of amendment to restrict the options that Mr. SOUDER. I would hope they my colleagues because I am afraid that the Federal Government has when it asked for written consent. My amend- the Souder amendment unintentionally conducts surveys of young people, so ment would make sure they ask for would make data collection efforts their parents know in advance what written consent. even more difficult than they already the questions are, and have indeed Mrs. COLLINS of Illinois. We can are. agreed to those questions being asked find out. I think they did. I think it Policymakers at all levels of govern- to their children. was implied in this legislation. Wher- ment, including the Congress, rely on ever the Federal Government has asked The Souder amendment will enhance accurate information to develop sound for the consent, they have protected family privacy protection. It is not policies and to ensure the sound imple- the right of written consent on matters protective of abusive parents. It is well mentation of programs, but the accu- of that nature, I believe. crafted to not affect academic testing. racy of those numbers directly depends Mr. MCINTOSH. Mr. Chairman, let I believe it is very important to protect on the willingness of Americans to re- family privacy in areas where the Fed- me just mention that the survey that the gentleman from Indiana just read spond to surveys and questionnaires. eral Government, quite frankly, has no indicates that there are these concerns The question here is one of privacy. legitimate interest. out there. If in the past the Federal We need to bear in mind that Federal Mr. Chairman, I rise in favor of the Government has asked for consent, his agencies already obtain direct personal Souder amendment, and want to com- amendment will just make that an ab- permission from parents before asking mend him and the other committee solute requirement in the law, so questions of minor children, but requir- members for their work. therefore I think it is a valuable addi- ing prior written permission to obtain Mrs. COLLINS of Illinois. Mr. Chair- tion to this legislation. information from minors almost cer- man, will the gentleman yield? Mr. SAWYER. Mr. Chairman, I move tainly would result in the loss of many Mr. MCINTOSH. I am delighted to to strike the requisite number of valuable responses, and that dimin- yield to the gentlewoman from Illinois. words. ished participation would skew the re- Mrs. COLLINS of Illinois. Mr. Chair- Mr. Chairman, I rise in strong opposi- sults and make the resulting data un- man, I believe when the gentleman said tion to the Souder amendment, al- reliable and potentially useless. the Federal Government is asking cer- though I have to join with the gentle- Moreover, a requirement for prior tain questions, the Federal Govern- woman from Illinois [Mrs. COLLINS] and written consent would raise the cost of ment is not asking the kinds of ques- previous speakers in associating myself Federal research and data collection in tions that the gentleman from Indiana with the concerns that the gentleman much the same way as it did for the [Mr. SOUDER] read, and also that we raises in this particular amendment. 1990 census, a hard-learned lesson, add- have copies of from the full committee Those concerns are legitimate and ing millions of dollars to surveys con- hearing. The Federal Government is shared by every parent across this Na- ducted with taxpayers’ funds. not asking those kinds of questions. tion. Mr. Chairman, the bill that was re- What we are trying to do is to make Frankly, however, my concern is ported unanimously from the Govern- it so that the Federal Government that this amendment is so broad and so ment Reform and Oversight Committee would say that local school boards, et unnecessarily restrictive that the fun- strikes an appropriate balance between cetera, could ask those questions if damental underpinnings of a wide the need to protect families against un- they had written consent. I do not range, if perhaps not all, of Federal necessary invasions of privacy and the know if I misinterpreted the gentleman data collection efforts could be in jeop- need to collect accurate information or not. ardy. for important policy purposes. Mr. MCINTOSH. Mr. Chairman, I un- Some of the Members know that I The work that the committee did derstand that is the case with the par- spent a number of years, perhaps more last year under the gentleman from ticular survey that the gentleman from years than any existing Member of Wyoming, Mr. THOMAS, now in the Indiana [Mr. SOUDER] raised. I do think Congress, in overseeing the conduct of other body, and the gentleman from it is, nonetheless, important to limit the census and the broader Federal sta- the Federal Government in the types of tistical systems of this country. That California, Mr. CONDIT, really created surveys it can do without parental con- was an enlightening experience. The sound underpinnings for, perhaps, the sent. I hope that will be a model for 1990 census demonstrated how difficult single most volatile and sensitive area States and school boards locally to also it is to get Americans to participate in of information, health care informa- seek that consent, although I agree, in Federal surveys, for that matter, in tion. his amendment we would not be ex- virtually any kind of survey even those The work on that needs to go for- tending that requirement. that are mandatory, as the 10-year cen- ward. It needs to go forward in the Mr. SOUDER. Mr. Chairman, will the sus has been for the entire existence of same way as we have protected infor- gentleman yield? this Nation. mation gathered by the Department of Mr. MCINTOSH. I yield to the gen- The response rate for the 1990 census Education, as the chairman of the com- tleman from Indiana. was far lower than the census before it. mittee suggested earlier in his com- Mr. SOUDER. Mr. Chairman, I also It was also worse than the Bureau had mentary, but our ability to collect in- read, in response to the gentleman anticipated in planning for this enor- formation about homeless youth, about from California [Mr. HORN], some ques- mous and complex undertaking. That street kids, about kids whom this kind tions that were in a Federal HHS sur- low response rate not only jeopardized of permission is virtually impossible, vey that asked ‘‘Have you ever had sex- the consistency of the data derived much less the added cost of dealing di- ual intercourse? How old were you from it, but it drove up costs, requiring rectly with the problems of gathering when you had sexual intercourse for a $100 million supplemental appropria- information in a way that is being done the first time? During your life how tion right in the middle of the census. responsibly today, is going to be unnec- many people have you had sexual inter- It affected the very accuracy of the essarily upset by the overbroad lan- course with? During the past 3 months census. In fact, the 1990 census was the guage of the Souder amendment. with how many people did you have first in modern history that was less It is with great sympathy but grave sexual intercourse? Did you drink alco- accurate than the one before it. concern that I rise in opposition to this hol or use drugs before you had sexual Mr. Chairman, the gentleman from amendment and ask my colleagues to intercourse the last time?’’ This is an New York, former Under Secretary of join me. April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4135 Mr. COBURN. Mr. Chairman, I move lined in this survey given to 12-year- Mr. HORN. Mr. Chairman, will the to strike the requisite number of olds throughout this country without gentleman yield? words. their parents’ permission. I am not Mr. WILLIAMS. I yield to the gen- (Mr. COBURN asked and was given saying that the Federal Government tleman from California. permission to revise and extend his re- has done that, but there is not any- Mr. HORN. The gentleman is drawing marks.) thing wrong with saying that parents an analogy with some of the civil Mr. COBURN. Mr. Chairman, I find ought to have the right to say yes or rights laws, and my interpretation myself in a peculiar position as a phy- no to that kind of questioning. would be that this bill does not work sician, and also as a scientist. I am Mrs. COLLINS of Illinois. Mr. Chair- that way. If the question is who funded very much interested in accurate data man, will the gentleman yield? the questionnaire, if the Federal Gov- collection, and I think it is imperative Mr. COBURN. I yield to the gentle- ernment funded the questionnaire in that we have that. I also am very much woman from Illinois. concerned about the lack of parenting whole or in part, this law would apply. Mrs. COLLINS of Illinois. I thank the One point I will need to clarify, be- in our country, and what has come gentleman for yielding. about through that lack of parenting. cause there has been a little confusion Mr. Chairman, this bill does not say in the debate, is that the Grassley law My worry, and I rise to support the parents do not have to give consent. It Souder amendment, because I think, that was referred to earlier and that only says it does not have to be written you know so well, the General Edu- No. 1, it does put some burden back on consent. In fact, it says there has to be cation Provisions Act, that applies parents which we have been trying, parental consent. That is what this bill only to programs under that particular through many of the bills that we have says already. H.R. 1271 says that. passed in the last weeks, to force more act, most of which occur in a school Mr. COBURN. Reclamining my time, direction on parenting, and I think we context. I have a great deal of difficulty in my should do that. This applies to all Federal agencies own experience in surveys similar to b 1445 this in this very delicate area of teen- except those covered by the Grassley act who would have questionnaires But I also have a greater problem age sexuality in ascertaining whether or not we have parents’ consent with- that are triggered and this act is trig- with the arguments that are used gered, that discuss areas in the bill against this. out written parents’ consent. Because in my experience the majority of the that have already been noted by many I guess, No. 1, is scientifically I do speakers. not buy the fact that if we have a par- time we do not have parents’ consent, Mr. WILLIAMS. I thank the gen- ent’s permission we are going to, No. 1, even though we have a recognition that tleman. make the cost too great or, No. 2, make we did. Let me ask the gentleman further, the scientific data to where it is not I think this is a very definable addi- accurate. That is spurious logic. Be- tion to this bill, and I think written the bill would affect the seeking of cer- cause we do that all the time in the consent is the least that we can do if tain information, among those pieces medical field in terms of informed con- we are going to ask these types of ques- of information on line 17 of page 2, and sent on testing, on data and on infor- tions of children. that is any survey, for example, that mation. So I find that. Mrs. COLLINS of Illinois. If the gen- would seek information about sexual I think the other thing is that even tleman would not mind yielding for a behavior or attitudes. though this was not a federally funded second, I hope that we do not ask chil- Mr. Chairman, on page 3 there are ex- questionnaire I think it shows signifi- dren these type of questions. But per- ceptions. And one of the exceptions is cantly what the opportunity for abuse haps as a physician, perhaps you find on line 6 which said any inquiry made is in terms of what can happen. that there is a need to do so. I think for the purpose of concern about health Again, I would not necessarily say you have so stated. But these are the or safety. that some of the questions to this sur- kind of questions I would not want It seems to me there is a dichotomy vey would not be good information as a anyone to ask my child. But if there is there. One of the great attacks on the physician and one who treats adoles- consent requested already, then I safety and health of young people has cents and has delivered over 2,000 teen- would certainly give my consent to do to do with certain of their sexual be- age mothers, very much interested in that, in a nonwritten. havior. So my question is, which is it? the results of information from that. Mr. COBURN. There should be writ- If we wanted to ask questions about But I am not more interested in that ten consent, but we have already seen young people’s sexual behavior in an information if it means I violate a par- that the Department of Health and effort to determine whether or not ent’s right to parent. I think that is Human Services has already asked they are practicing safe sex in order to the real issue. questions similar to this in one of their avoid the possibility of various difficul- I do not think that we will have spu- own surveys. So all we are saying with ties, including, of course, this epidemic rious data. I think the Government has the Souder amendment is that they called AIDS, could we do it under this an obligation to go beyond a reason- should have written consent to ask this bill? able doubt to make sure that parents of adolescents. Mr. HORN. Let me refer the distin- are informed about what their children Mr. WILLIAMS. Mr. Chairman, I guished gentleman to the report on are asked. move to strike the requisite number of page 11 where it notes about halfway I would just urge those that oppose words. down the page that each of the four ex- this amendment to ask what questions Mr. Chairman, if the gentleman from ceptions, and the second one, there is they would like their children asked. California [Mr. HORN], the good chair- the same one the gentleman has stated And is there any extent to which they man of the subcommittee, would re- might go that you would find a point in spond to a couple of questions. that is in the proposed law, each of time when you thought that you might On page 2, I am interested in lines 6 these four exceptions involves specific want to give permission before those through 9. This says that this would af- individual circumstances in order to be questions are asked? I think that is the fect any program or activity funded in triggered. real issue. whole or in part by the Federal Gov- The criminal investigation or adju- I do not find fault with your desire to ernment. dication requires a specific investiga- limit. I do not want to limit the Gov- Let me ask this, because I truthfully tion or adjudication. An inquiry can be ernment’s ability to collect data, but I do not know the answer to this: Does made pursuant to a reasonable concern think the Government can already col- this mean that if some local agency, for the health, safety, and welfare of an lect data and still fulfill the rights of some school, receives Federal money individual. The essential requirement informing the parents about what ques- anywhere in its agency’s school or sys- is a reasonable belief that an individ- tions we are going to ask. tem that this bill would then attach to ual minor is at risk and evidence to Finally, I think that we certainly any inquiry or survey that that agency show that such an inquiry is appro- would not want the questions as out- or school is conducting? priate. H 4136 CONGRESSIONAL RECORD — HOUSE April 4, 1995 Using the health, safety, or welfare I urge my colleagues to oppose this Chabot Hastert Morella exception to circumvent parental con- Chambliss Hastings (WA) Murtha particular amendment. Chapman Hayes Myers cern or prohibited topics is not accept- Mr. FOX of Pennsylvania. Mr. Chair- Chenoweth Hayworth Myrick able. In other words, it says here, a sur- man, I move to strike the requisite Christensen Hefley Neal vey on sexual behavior or attitudes number of words. Chrysler Hefner Nethercutt Clayton Heineman Neumann would not be covered by this exception. (Mr. FOX of Pennsylvania asked and Clement Herger Ney Obviously, the questions can be was given permission to revise and ex- Clinger Hilleary Norwood asked if the parent gives consent. tend his remarks.) Coble Hinchey Nussle Mr. WILLIAMS. I appreciate the gen- Mr. FOX of Pennsylvania. Mr. Speak- Coburn Hobson Oberstar Coleman Hoekstra Obey tleman’s response. er, I rise in support of H.R. 1271. This Collins (GA) Hoke Olver I will not ask the gentleman, the sub- legislation strengthens the family and Combest Holden Ortiz committee chairman, any further ques- has received bipartisan support by this Condit Horn Orton Owens tions, but I do want to say that I think Congress. Cooley Hostettler Costello Houghton Oxley he is attempting to arrive at moderate I am concerned about protecting the Cox Hoyer Packard and reasonable legislation here. rights of parents in knowing about the Cramer Hunter Pallone We ought to know, though, speaking activities in which their children are Crane Hutchinson Parker of moderation and reasonableness, that Crapo Hyde Pastor involved, and it particularly applies to Cremeans Inglis Paxon we have already passed similar legisla- surveys which ask children about their Cubin Istook Payne (VA) tion with regard to education in this most sensitive and private activities. Cunningham Jackson-Lee Peterson (FL) country. We have taken care of that. I Danner Jacobs Peterson (MN) We need to bolster family ties. Thus, Petri know that we took care of it before Davis Jefferson we need to protect our children from de la Garza Johnson (CT) Pickett some of the Members who got elected answering questions their parents Deal Johnson (SD) Pombo last November were here, so they may DeFazio Johnson, Sam Pomeroy would not have approved of and could Porter not have known it, but we have taken possibly invade privacy. DeLauro Jones DeLay Kanjorski Portman care of this very problem. Poshard Through H.R. 1271 and the Souder Deutsch Kaptur Pryce The CHAIRMAN. The time of the amendment, we would provide written Diaz-Balart Kasich Quillen gentleman from Montana [Mr. WIL- Dickey Kelly consent for parents to protect minors Quinn Dicks Kennedy (MA) LIAMS] has expired. who may or may not want to partici- Radanovich Dixon Kennedy (RI) (By unanimous consent, Mr. WIL- Rahall pate in any funded surveys that are de- Doggett Kennelly Ramstad LIAMS was allowed to proceed for 2 ad- Dooley Kildee signed to obtain information on sen- Reed ditional minutes.) Doolittle Kim sitive subjects. Regula Dornan King Mr. WILLIAMS. Mr. Chairman, in Richardson Mr. Speaker, passage of H.R. 1271 Doyle Kingston fact, the Federal Government has for with the Souder amendment is impera- Riggs Dreier Kleczka Rivers the past 20 years vigorously promoted tive in reaffirming a commitment to Duncan Klink the protection of people in its research. Roberts privacy and a commitment to our Na- Dunn Klug Roemer An institutional review board has been tion’s families. I urge my colleagues to Durbin Knollenberg Rogers created a couple of decades ago for the Edwards Kolbe Rohrabacher support this pro-privacy and pro-family Ehlers LaFalce Ros-Lehtinen very purpose of scrutinizing these sur- legislation. Ehrlich LaHood veys, and it has established procedures Rose The rights of parents, it seems to me, Emerson Largent Roth Engel Latham for protecting people when we are in regard to the welfare and privacy of Roukema doing a study. English LaTourette Roybal-Allard their children is paramount to the Gov- Ensign Laughlin That can include written consent Royce ernment’s need or others to collect sen- Eshoo Lazio Salmon from the parents. It includes follow-up Evans Leach sitive data. With written approval, in- Sanford phone calls. It includes notification of Everett Levin Saxton formed consent would be a reality parents about a study. It includes a va- Ewing Lewis (CA) Scarborough achieved. It is a matter of fundamental Farr Lewis (GA) riety of other methods. Schaefer fairness. Fawell Lewis (KY) Schiff We ought not to go off thinking that Fazio Lightfoot I ask my fellow colleagues to support Schroeder there has been no thought about this Fields (LA) Lincoln Schumer the Souder amendment. Fields (TX) Linder whatsoever in the Congress until this Seastrand The CHAIRMAN. The question is on Flake Lipinski Sensenbrenner moment because that is demonstrably Flanagan Livingston the amendments offered by the gen- Serrano not true. The Federal Government ac- Foley LoBiondo Shadegg tleman from Indiana [Mr. SOUDER]. tively pursues trying to protect people. Forbes Lofgren Shaw The question was taken; and the Fowler Longley Let me read into the record the fol- Shays Chairman announced that the ayes ap- Fox Lowey Shuster lowing groups that are opposed to the Franks (CT) Lucas peared to have it. Sisisky amendment, as I am, that is now on Franks (NJ) Luther Skaggs RECORDED VOTE Frelinghuysen Manton Skeen the floor: The Society of Behavioral Frisa Manzullo Mr. VOLKMER. Mr. Chairman, I de- Skelton Medicine, the National AIDS Fund, the Frost Markey Smith (MI) Institute for the Advancement of So- mand a recorded vote. Funderburk Martinez Smith (NJ) cial Work Research, the Federation of A recorded vote was ordered. Furse Martini Smith (TX) The vote was taken by electronic de- Gallegly Mascara Smith (WA) Behavioral, Psychological and Cog- Ganske Matsui Solomon nitive Sciences, the Consortium of So- vice, and there were—ayes 379, noes 46, Gejdenson McCarthy Souder cial Science Associations, the Amer- not voting 9, as follows: Gekas McCrery Spence Gephardt McHale ican Sociological Association, the Spratt [Roll No. 285] Geren McHugh Stearns American Psychological Association, Gilchrest McInnis AYES—379 Stenholm the American Educational Research Gillmor McIntosh Stockman Association, the American Anthropo- Ackerman Bateman Browder Gilman McKeon Stump Allard Bentsen Brown (FL) Goodlatte McNulty Stupak logical Association and, finally, the Andrews Bereuter Brown (OH) Goodling Meehan Talent AIDS Action Council. Archer Bevill Brownback Gordon Menendez Tanner Some of these groups are groups, as Armey Bilbray Bryant (TN) Goss Metcalf Tate Bachus Bilirakis Bryant (TX) Graham Meyers the chair knows, that are vitally inter- Tauzin Baesler Bishop Bunn Green Mfume Taylor (MS) ested in this legislation and, in fact, Baker (CA) Bliley Bunning Greenwood Mica Taylor (NC) have been somewhat supportive of it Baker (LA) Blute Burr Gunderson Miller (FL) Tejeda and have worked with those on the Baldacci Boehlert Burton Gutierrez Mineta Thomas Ballenger Boehner Buyer Gutknecht Minge Thornberry committee to try to write appropriate Barcia Bonilla Callahan Hall (OH) Mink Thornton legislation. But those groups believe, Barr Bonior Calvert Hall (TX) Moakley Thurman as many of us do, that this amendment Barrett (WI) Bono Camp Hamilton Molinari Tiahrt Bartlett Borski Canady Hancock Mollohan destroys the basis for cooperation that Torkildsen Barton Boucher Cardin Hansen Montgomery Torricelli the legislation has reached. Bass Brewster Castle Harman Moorhead April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4137 Towns Wamp Wolf Chairman, we do not have a copy of the garde,’’ I would say to my friends in Traficant Ward Woolsey Tucker Watts (OK) Wyden amendments here. this House who want these surveys. Upton Weldon (FL) Wynn We do now, Mr. Chairman, and I This is simply an attempt to end the Vento Weldon (PA) Yates thank the gentleman. surveys at the Federal level totally. So Visclosky Weller Young (AK) The CHAIRMAN. The gentlewoman I am saying, En garde, and I do want to Volkmer White Young (FL) Vucanovich Whitfield Zeliff has a copy of the amendment at this get a vote on this and will proceed, I Waldholtz Wicker Zimmer time? hope, to a good discussion under this Walker Wilson Mrs. COLLINS of Illinois. That is open rule. Walsh Wise correct, Mr. Chairman. Yes. Mr. Chairman, H.R. 1271 just NOES—46 Mr. DORNAN. Mr. Chairman, may I strengthened somewhat by two simple Abercrombie Frank (MA) Rangel explain the amendment? words, ‘‘Written consent,’’ is still, I be- Becerra Gibbons Sabo The CHAIRMAN. Is there objection lieve, not the way this newly con- Beilenson Gonzalez Sanders to consideration of the amendments en stituted Congress as of November 8 Berman Hastings (FL) Sawyer Brown (CA) Hilliard Scott bloc? wants go. Even with the written con- Clay Johnson, E. B. Stark Mrs. COLLINS of Illinois. Mr. Chair- sent, it requires that Federal funds be Clyburn Johnston Stokes man, reserving the right to object, I spent on surveys aimed at several Collins (IL) Lantos Studds Collins (MI) Maloney Thompson have not yet had an opportunity to unique categories. We have strength- Conyers McDermott Velazquez read the amendments. ened parental consent somewhat. Pa- Coyne McKinney Waters Mr. DORNAN. Mr. Chairman, would rental political affiliations or beliefs, I Dellums Meek Watt (NC) the gentlewoman like to engage in a do not believe that is what they are Dingell Miller (CA) Waxman Fattah Moran Williams colloquy to explain the unanimous part really after. Mental or psychological Filner Nadler of my request? problems, not much drive to get these Foglietta Payne (NJ) Mrs. COLLINS of Illinois. Mr. Chair- facts down. Sexual behavior or atti- NOT VOTING—9 man if the gentleman will yield, I am tudes; that is the main impetus behind Barrett (NE) McDade Rush still reading this amendment, because almost all of these surveys. Illegal, Ford Pelosi Slaughter it has just been given to us. We are just antisocial, or self-incriminating behav- McCollum Reynolds Torres trying to see what it does here. I will ior, that really turns off an overwhelm- b 1519 be ready in just a second. ing majority of the Members on both The CHAIRMAN. The gentlewoman sides of the aisle. Messrs. FOGLIETTA, COYNE, from Illinois has reserved the right to But that is not really what they are BECERRA, and GONZALEZ changed object, and the Chair wishes to wait. after. their vote from ‘‘aye’’ to ‘‘no.’’ Mr. DORNAN. Mr. Chairman, I am at Appraisals of other individuals with Ms. ESHOO, Ms. WOOLSEY, Mr. the gentlewoman’s service for a col- whom the minor has familial relation- SERRANO, Ms. HARMAN, Mrs. CLAY- loquy. I will be glad to explain why I ships, an uncle, aunt, siblings, broth- TON, and Messrs. MEEHAN, FAZIO of have asked unanimous consent to have ers, sisters, all Members of extended California, TOWNS, and MINETA all three of them together. families; that is offensive to be asking changed their vote from ‘‘no’’ to ‘‘aye.’’ Mrs. COLLINS of Illinois. Yes; Mr. questions about those folks, but that So the amendments were agreed to. Chairman, if the gentleman would do only comes in as an ancillary to the The result of the vote was announced that, I would appreciate it. sexual underpinnings of all of these as above recorded. Mr. DORNAN. I thank my good surveys. f friend. Mr. Chairman, will the gentle- Another point, relationships that are PERSONAL EXPLANATION woman yield? legally recognized as privileged, includ- Mrs. COLLINS of Illinois. Further re- ing relationships with lawyers or phy- Ms. SLAUGHTER. Mr. Chairman, I serving the right to object, Mr. Chair- sicians or members of the clergy. With was unavoidably detained and was un- man, I yield to the gentleman from four or five medial doctors now serving able to be present for rollcall vote No. California. in the Congress and almost a halfway 285. Had I been present, I would have Mr. DORNAN. Mr. Chairman, to the point with lawyers, I do not think that voted ‘‘nay.’’ gentlewoman, the unanimous aspect is really what a lot of these surveys AMENDMENTS OFFERED BY MR. DORNAN here is a timesaver. I have this broken want to get in the face of the U.S. Con- Mr. DORNAN. Mr. Chairman, I offer down into three separate parts. They gress about. several amendments. are all at the desk, and we can take it Now, what my Dornan amendment The CHAIRMAN. Are they amend- one step at a time, but I, from my would do, the three lines are really all ments to section 2 of the bill? viewpoint, do not believe that would dovetailed together, it would prohibit Mr. DORNAN. They are to section 2, make sense, because although there the funding of all of these type surveys, Mr. Chairman will be a good, healthy discussion on period, end of report. The language spe- The Clerk read as follows: this, if we take this unanimously en cifically strikes this entire paragraph Amendments offered by Mr. DORNAN: bloc, it is just all geared toward one that we have just slightly made tough- Page 2, line 7, strike ‘‘section 6’’ and insert objective, and that is to end these sur- er, the parental-consent provision, and ‘‘section 4’’. veys completely. So the unanimous as- it leaves the remaining text which pro- Page 2, strike line 9 through line 12 and in- pect merely means we get further into hibits these surveys, period. sert ‘‘person may not require or otherwise the issue and start off right away tak- And I only have three simple points, seek the response of a minor to a survey or questionnaire’’. ing what I am trying to do all at once. and we will get on with the debate. Page 3, line 5, strike ‘‘Any inquiry’’ and in- Mrs. COLLINS of Illinois. Further re- Point No. 1, the Federal Government sert ‘‘Any individual inquiry’’. serving the right to object, Mr. Chair- has no business subsidizing government Page 3, beginning at line 19, strike sections man, we have now had the time to look social engineers or people who want 3 and 4 (and redesignate the subsequent sec- at this. this detailed information. What is the tions accordingly.) I withdraw my reservation of objec- overwhelming evidence mandating that The CHAIRMAN. Does the gentleman tion to the request that the amend- these types of surveys take place? Who from California request unanimous ments be considered en bloc. is it really that wants children to an- consent that his amendments be con- The CHAIRMAN. Is there objection swer questions within these very sen- sidered en bloc? to the request of the gentleman from sitive subject areas? Mr. DORNAN. Mr. Chairman, I do, California? H.R. 1271, as now drafted, would in- and this is merely timesaving. There was no objection. demnify in law a whole new industry of The CHAIRMAN. Is there objection Mr. DORNAN. Mr. Chairman, having busybodies feeding on familial dysfunc- to the request of the gentleman from fenced briefly in my youth, and it is an tion and divisiveness. California? elegant sport, the one thing I do re- No. 2, is this bill really aimed at sur- Mrs. COLLINS of Illinois. Mr. Chair- member is the gentlemanly or ladylike veys of sexual attitudes and behaviors? man, reserving the right to object, Mr. challenge at the beginning, ‘‘En I have just made the point it is. Very H 4138 CONGRESSIONAL RECORD — HOUSE April 4, 1995 few surveys aimed at schoolchildren Mr. CLINGER. Mr. Chairman, I move Mr. BURTON of Indiana. Mr. Chair- address all of those other categories I to strike the last word, and I reluc- man, I move to strike the requisite mentioned. It really is the sexual atti- tantly rise in opposition to the gen- number of words. tudes and behaviors that we are going tleman from California’s amendment. Mr. Chairman, I thank you for rec- after. We just enacted an amendment intro- ognizing me. This has happened out here in Fair- duced by the gentleman from Indiana I think the problem is not that the fax County just recently. They with- [Mr. SOUDER], the objective of which last amendment was not a good amend- drew one of these surveys. I will bet it was to do what we have provided in ment. I supported that. It was a step in was mentioned in the prior debate this legislation with the procedures the right direction. But I believe we which I missed because I was chairing that are followed by the Department of need to go further. Listen to some of another committee. Education in terms of these surveys, the things that are being asked of kids We definitely know some people which I think places the responsibility right now. Should we be involving within the Federal Government are and the requirement on those who these things in the curriculum or in dying to ask questions about sexual at- would seek to conduct surveys to get the educational system? They are ask- titudes and behavior. We have been the written consent of the parents be- ing political affiliations or beliefs. through this for several years now. fore that survey can go forward. Mr. What right does an educational system First, it was the adult sex survey in Chairman, I think this provisions goes have to ask that question? They ask 1989. Then 1 year later we had to put a way beyond anything that exists in the stop to a sex survey for teenagers and about mental or psychological prob- law relating to the Department of Edu- lems. They ask about sexual behavior preteens, and even still, Centers for cation and certainly way beyond what Disease Control, six centers that gen- and attitudes, they ask about illegal, we have provided in this bill. I believe erally have my respect, in the name of antisocial and self-incriminating be- parents should have the right, they AIDS research, they just keep pressing havior, they ask about appraisals of should have the ultimate right to for more and more information in areas other individuals with whom the minor choose to have their children partici- that still should remain sensitive with- had a family relationship or a family- pate or not participate in surveys. out influencing at all what the specific type relationship. They ask about rela- That is what we have provided. We six Centers for Disease Control are try- tionships that are legally recognized as have strengthened the requirement ing to do. privileged, including those with law- that parents be directly involved in And I repeat, Fairfax County again yers, physicians, and members of the last week. making those determinations. Govern- clergy. They ask about religious affili- ment should not decide in advance for ations and religious beliefs. I do not be- b 1530 the parents, which is what the gen- lieve those questions have any business No. 3, no one collects numbers unless tleman from California’s amendment in the educational system. they are going to do something with would do. In effect, it would put the Let me give you a couple of questions those survey numbers. Surveys based government in a position of saying, no, that were actually on a questionnaire on personal and intimate subjects we are never going to be able to survey, put out by a school district. I do not re- should not end up being the basis for we are going to ban any survey what- member the school district. I believe it public policy. Such basis is a prescrip- ever. was in Virginia here. tion for failure. I sympathize with the gentleman It says in question number 11, ‘‘Have Not only do we not have the right to from California’s concern about Fed- you ever been in a physical fight in intrude into the personal lives of eral busybodies sticking their noses which we you were hurt and had to be into parental business. But I think he schoolchildren, often asking that they treated by a doctor? Yes or no.’’ goes sort of off the deep end when he snitch on this, but we add insult to in- Then it says that sometimes people says we will never allow any surveys to jury when we gather the information feel so sad and unhappy that they may be conducted in these areas, even regarding dysfunctions and then turn think about attempting suicide or kill- though there may be very meritorious right around and indemnify these dys- ing themselves. The next three ques- functions in public policies. reasons why we should be conducting tions ask about attempted suicide. The CHAIRMAN. The time of the these surveys, to gather vital informa- That puts thoughts in kids’ minds that gentleman from California [Mr. DOR- tion with regard to a vast array of should not be there, in my view. NAN] has expired. things. It is not just in regard to sexual Here is another question, question (By unanimous consent, Mr. DORNAN behavior or sexual activity that we are number 34: The next four questions ask was allowed to proceed for 1 additional talking about. minute.) This amendment which we adopted about sexual intercourse. Have you Mr. DORNAN. AIDS education is a just a moment ago, the gentleman ever had sexual intercourse? How old perfect example, the results of the sur- from Indiana’s amendment, I think were you the first time this occurred? vey on sexual behavior end up becom- strikes the right balance between the What business does the educational ing the basis to teach schoolchildren rights of the parents which should be system have in asking these questions about homosexual sex; surveys reveal- paramount here and the interests—the of young people? And it makes abso- ing not enough knowledge about sex very legitimate interests—of having lutely no sense to me. I cannot under- encourage the sexperts to develop new very valuable information. Obviously, stand why Federal tax dollars should programs, and surveys revealing that if it is a prurient interest, if it is an in- directly or indirectly be involved in children know a lot about sex encour- terest where they are sticking their these types of questions. age the same sexperts to develop more noses into where they clearly do not I believe that the amendment that programs to handle the flow of infor- belong, clearly the parental consent just passed that said parents have to mation and traditional families lose ei- would not be forthcoming. But to take give parental consent before they can ther way. away any kind of a survey, the ability give or ask these questions is a step in Point No. 4: The House has had to of the Federal Government to gather the right direction. However, many squelch controversial sex studies of data, vital data, I think would be a people are very busy, many parents do both adults and youths at least 3 times mistake. I think it becomes a matter not pay attention to all the things over the past 5 years. If we pass this really of public policy: Are we going to being put in front of their kids. They bill as it stands, we will encourage the totally close the ability of the Federal have confidence in the educational sys- attitude that these controversial sub- Government to gather information tem, so they do not really look into jects are going to be addressed year which may be useful in setting impor- them as thoroughly as they should. So after year. Let us vote right now to end tant matters of public policy? I would I believe many of these questionnaires this problem. The majority will decide hope not. will be approved by parents when the this. Let us see where the 104th Con- I would respectfully and reluctantly parents really would rather those chil- gress stands on this first clean-cut so- ask that the gentleman’s amendment dren not participate in answering those cial-issues debate of 1995. be defeated. types of questions. April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4139 So the best way to make sure that Mr. BURTON of Indiana. If I may re- This bill will successfully ensure that the educational systems of this coun- claim my time, the gentleman is say- these surveys are not allowed. If we go try do not infringe upon the rights of ing, generally they are asked of juniors the other way they will flourish, I pre- individual parents and families, do not and seniors in high school, but that is dict that. Common sense tells us that. stick their noses into areas where they not exclusively the case. Many times I will repeat one thing I said early: should not, is to make absolutely sure they are asked of children in primary Why do they want the information? To that they cannot do it by not allowing and secondary education, way down act upon it. This is more of the social Federal funding for these kinds of below the senior high school level. engineering that I think the American projects. Mr. DORNAN. The gentleman has majority rejected on November 8th Mr. HORN. Mr. Chairman, will the just been reading from a middle school last. gentleman yield? survey, not seniors in high school but a Mr. HORN. Mr. Chairman, I move to Mr. BURTON of Indiana. I yield to middle school, not seniors or juniors or strike the requisite number of words. the gentleman from California. even sophomores in middle school. Let me ask the author of this amend- Mr. HORN. I thank the gentleman for And CDC usually funds about 95, 96, ment, if I might: How does the gen- yielding to me. 97, 98 percent of this. So if there is tleman feel about a survey on drugs Mr. Chairman, I have been listening some other loophole we will look at given to high school students? Does he with great interest to the gentleman. that later. think those should be given or not Are any of the surveys and questions Mr. Chairman, this amendment does given on use of drugs? that the question mentioned funded by the job. Mr. DORNAN. Mr. Chairman, will the Federal moneys? Mr. BURTON of Indiana. Let me re- gentleman yield? Mr. BURTON of Indiana. I believe, in- claim my time once again. Mr. HORN. I yield to the gentleman The CHAIRMAN. The time of the from California. directly. gentleman from Indiana [Mr. BURTON] Mr. DORNAN. I thank the gentleman Mr. HORN. Indirectly? has expired. for yielding. Mr. BURTON of Indiana. Indirectly. (By unanimous consent Mr. BURTON Mr. Chairman, the gentleman is Mr. HORN. They either are or they of Indiana was allowed to proceed for 2 going for my Achilles heel, because I are not. additional minutes.) feel that there is a war going on in nar- Mr. DORNAN. Directly, directly. Mr. BURTON of Indiana. Mr. Chair- cotics and it is all on the side of the co- Mr. BURTON of Indiana. They were? man, let me read once again, since the caine cowboys, and we have never mo- Mr. DORNAN. Some directly. gentleman said that this was mostly bilized our country on the side of the Mr. HORN. Which agencies did this? high school seniors, these were middle good guys to fight a drug war. But ask- Mr. BURTON of Indiana. Reclaiming school students, we are talking about ing kids about ‘‘Are they drug users,’’ my time. children in the 10, 11, 12-year-old age so totally different and so far removed Mr. DORNAN. CDC, the Centers for range. from the intimacy of asking about pa- Disease Control. Listen to this question. It is very im- rental sex habits, those of their older Mr. HORN. The Centers for Disease portant: This is of 10, 11, 12-year-old brother or younger sisters’ sex habits Control? kids: How old were you when you first or their parents’ political affiliation. I Mr. BURTON of Indiana. Centers for had sexual intercourse for the first would resent a political affiliation Disease Control. time? Many of these kids are still in question tied to a survey on drugs, I In addition to that, we all know puberty, and you are asking them when say to the gentleman. there is Federal aid in the way of block they had their first sexual experience. Mr. HORN. I would ask the gen- grants and other ways, and that money And the answers are ‘‘Never had sexual tleman, does he favor surveys on drugs then goes down to the school districts intercourse.’’ ‘‘I was 9 years old.’’ Or among high school students, yes or no? and school corporations through var- younger. Do you believe that they have Mr. DORNAN. I think at the State ious distribution formulas and they do a right to ask that kind of a question level, I have never seen one proposed at use Federal moneys. We do not believe in that kind of a situation in school? the Federal level, and I would have to Federal moneys should be used for And many of the parents are working make a judgment on that when it is these kinds of questionnaires. parents and they will not read these presented to me. Mr. HORN. If the gentleman from questionnaires. Mr. HORN. Let me just say, Mr. California’s proposal is adopted, I say Mr. HORN. If the gentleman will Chairman, I can recall numerous situa- to the gentleman, it will not affect the yield, if that was administered under tions in the 1960’s where scholars and money given by the Department of the GEPA, that is the proposal that is people with real ability in developing Education one iota, because the gen- the law of the land, then they had to questionnaires surveyed classes in tleman has left in the exemption here have parental consent, if that was fed- California high schools and California which says in section 6, ‘‘This Act does erally funded. That applies to every junior high schools and found extensive not apply to any program or activity single questionnaire of the Department drug use. When they brought those sur- which is subject to the General Edu- of Education. veys to the superintendent of schools’ cation Provisions Act.’’ That is the so- Mr. BURTON of Indiana. If I may re- attention and the school boards’ atten- called Grassley amendment. That law call my time, we are talking about tion, great denial set in, ‘‘Oh, we don’t is already on the books. The Secretary more than just the Grassley amend- have a drug problem. Those data must of Education cannot have question- ment. Does the gentleman from Cali- be wrong.’’ That happened in Long naires that cover the seven areas that fornia have any more comments he Beach, that happened in San Diego. we have blocked out. This is designed would like to make? They closed their eyes to what was to apply to other Federal agencies such Mr. DORNAN. No, except I think we going on about them. as the Centers for Disease Control have debated this so many times over All I can say is, if the gentleman’s which is not in the Department of Edu- the years. language is adopted, it says here that cation, which might ask those ques- Mr. Chairman, I respect the opinions you could have no questionnaire that tions. of my good colleague from the adjoin- had any questions about illegal, anti- Let me move to another question. ing district, to the west of me, Mr. social or self-incriminating behavior. Mr. BURTON of Indiana. But those HORN, and I respect the gentleman And all that is doing is tying reality’s questions are asked of children in the from Pennsylvania, Mr. CLINGER’s hand behind one’s back. So you cannot schools in the education system. opinion. Obviously, it is tearing his develop the DARE Programs and you Mr. HORN. When the gentleman says heart apart, and I appreciate his put- cannot have solid evidence for, ‘‘Let’s ‘‘children,’’ I do not know what he ting it in that context. But I think it is say no to drugs.’’ All of that grew out means by ‘‘children.’’ But I feel we are about time we just voted on this and of the fact that social scientists and talking about 5 and 6 and these ques- saw how this entire Congress feels school counselors who knew what was tions are generally asked of juniors and about this. Right now controversial going on, when the parents did not seniors in high school. surveys are an iffy proposition at best. know what was going on—with all due H 4140 CONGRESSIONAL RECORD — HOUSE April 4, 1995 respect—but regardless of whether the NOES—291 NOT VOTING—12 parents did or did not, they would have Abercrombie Gibbons Neal Coburn LaTourette Obey absolute control whether their child, Ackerman Gilchrest Ney Dingell McCollum Reynolds Andrews Gillmor Norwood Ford McDade Rush their son, their daughter would be able Baesler Gilman Nussle Largent Minge Torres to answer that question under this leg- Baker (LA) Gonzalez Oberstar islation. Baldacci Goodlatte Olver b 1605 Ortiz Barcia Goodling Messrs. SKEEN, CHRYSLER, and b 1545 Barrett (NE) Gordon Owens Barrett (WI) Green Oxley KIM changed their vote from ‘‘aye’’ to So, I suggest that we vote down the Bass Greenwood Pallone ‘‘no.’’ gentleman’s amendment because all I Becerra Gunderson Pastor Messrs. McINNIS, ROBERTS, see is mischief where the thing that is Beilenson Gutierrez Payne (NJ) Bentsen Hall (OH) Payne (VA) STOCKMAN, SKELTON, WAMP, being turned loose is types of illicit be- Bereuter Hamilton Pelosi ORTON, WELLER, CRAMER, havior that are not discovered, and we Berman Harman Peterson (FL) BROWDER, WICKER, HEFLEY, Pickett cannot develop programs to cope with Bilbray Hastert CRANE, SMITH of Texas, Mrs. Bilirakis Hastings (FL) Pomeroy them, and they need to be coped with, Bishop Hefner Porter SEASTRAND, and Mrs. SMITH of not simply at home, because for some Bliley Heineman Portman Washington changed their vote from students there is not much home. They Blute Hilliard Pryce ‘‘no’’ to ‘‘aye.’’ need to be coped with in the school sys- Boehlert Hinchey Quinn Boehner Hobson Radanovich So the amendments were rejected. tem whether we like it or not. There is Bonilla Hoekstra Rahall The result of the vote was announced no question. Society has dumped on Bonior Holden Ramstad as above recorded. the school systems of America many of Borski Horn Rangel Reed The CHAIRMAN. Are there other the problems that society has not been Boucher Houghton Brewster Hoyer Regula amendments to section 2? able to handle in the home, in the Brown (CA) Jackson-Lee Richardson If not, the Clerk will designate sec- churches, in the community organiza- Brown (FL) Jacobs Riggs tion 3. Brown (OH) Jefferson Rivers tions. Like it or not, that is reality. Roemer The text of section 3 is as follows: Brownback Johnson (CT) I live in a world of reality. I suggest Rogers Bryant (TX) Johnson (SD) SEC. 3. NOTIFICATION PROCEDURES. Ros-Lehtinen we vote down this amendment. Bunn Johnson, E. B. The head of any Federal department or Rose The CHAIRMAN. The question is on Burr Johnston Roukema agency which provides funds for any program Calvert Kanjorski the amendments offered by the gen- Roybal-Allard or activity involving the seeking of any re- Camp Kaptur ORNAN Sabo sponse from a minor to any survey or ques- tleman from California [Mr. D ]. Cardin Kasich Sanders tionnaire shall establish procedures by which The question was taken; and the Castle Kelly Sawyer Chapman Kennedy (MA) the department, agency, or its grantees shall Chairman announced that the ayes ap- Saxton Chrysler Kennedy (RI) notify minors and their parents of protec- peared to have it. Schiff Kennelly tions provided under this Act. The proce- Clay Schroeder RECORDED VOTE Clayton Kildee Schumer dures shall also provide for advance public Mr. CLINGER. Mr. Chairman, I de- Clement Kim Scott availability of each questionnaire or survey Clinger Kleczka Serrano to which a response from a minor is sought. mand a recorded vote. Clyburn Klink Shaw The CHAIRMAN. Are there any A recorded vote was ordered. Coble Klug Shays The vote was taken by electronic de- Coleman Knollenberg Shuster amendments to section 3? vice, and there were—ayes 131, noes 291, Collins (IL) Kolbe Sisisky If not, the Clerk will designate sec- Collins (MI) LaFalce not voting 12, as follows: Skaggs tion 4. Conyers LaHood Skeen [Roll No. 286] Coyne Lantos Slaughter The text of section 4 is as follows: Cremeans Latham Smith (MI) SEC. 4. COMPLIANCE. AYES—131 Danner Lazio Smith (NJ) The head of each Federal department or Allard Flanagan Orton Davis Leach Souder de la Garza Levin agency shall establish such procedures as are Archer Forbes Packard Spratt necessary to ensure compliance with this Deal Lewis (CA) Stark Armey Fox Parker Act and the privacy of information obtained Bachus Frisa Paxon DeFazio Lewis (GA) Stokes Baker (CA) Funderburk Peterson (MN) DeLauro Lincoln Studds pursuant to this Act by the department or Ballenger Gekas Petri Dellums Lipinski Stupak agency and its grantees; Nothing in this Act Barr Goss Pombo Deutsch Livingston Taylor (NC) shall be construed to foreclose any individ- Bartlett Graham Poshard Dicks LoBiondo Tejeda ual from obtaining judicial relief if requested Barton Gutknecht Quillen Dixon Lofgren Thomas monetary damages are not in excess of $500. Bateman Hall (TX) Roberts Doggett Longley Thompson Bevill Hancock Rohrabacher Dooley Lowey Thornton The CHAIRMAN. Are there any Bono Hansen Roth Doyle Luther Thurman amendments to section 4? Browder Hastings (WA) Royce Dunn Maloney Torkildsen If not, the Clerk will designate sec- Bryant (TN) Hayes Salmon Durbin Manton Torricelli Bunning Hayworth Sanford Edwards Markey Towns tion 5. Burton Hefley Scarborough Ehlers Martinez Traficant The text of section 5 is as follows: Ehrlich Martini Tucker Buyer Herger Schaefer SEC. 5. MINOR DEFINED. Engel Mascara Upton Callahan Hilleary Seastrand In this Act, the terms ‘‘minor’’ and ‘‘eman- Canady Hoke Sensenbrenner English Matsui Velazquez Chabot Hostettler Shadegg Ensign McCarthy Vento cipated minor’’ will be defined under the Chambliss Hunter Skelton Eshoo McCrery Visclosky laws of the State in which the individual re- Chenoweth Hutchinson Smith (TX) Evans McDermott Volkmer sides. Christensen Hyde Smith (WA) Ewing McHale Vucanovich Collins (GA) Inglis Solomon Farr McHugh Waldholtz The CHAIRMAN. Are there any Combest Istook Spence Fattah McIntosh Walker amendments to section 5? Condit Johnson, Sam Stearns Fawell McKinney Walsh If not, the Clerk will designate sec- Cooley Jones Stenholm Fazio McNulty Ward tion 6. Costello King Stockman Fields (LA) Meehan Waters Cox Kingston Stump Filner Meek Watt (NC) The text of section 6 is as follows: Cramer Laughlin Talent Flake Menendez Waxman SEC. 6. APPLICATION. Crane Lewis (KY) Tanner Foglietta Meyers Weldon (PA) This Act does not apply to any program or White Crapo Lightfoot Tate Foley Mfume activity which is subject to the General Edu- Cubin Linder Tauzin Fowler Mica Whitfield Cunningham Lucas Taylor (MS) Frank (MA) Miller (CA) Williams cation Provisions Act (20 U.S.C. 1221 et seq.). DeLay Manzullo Thornberry Franks (CT) Miller (FL) Wilson The CHAIRMAN. Are there any Diaz-Balart McInnis Tiahrt Franks (NJ) Mineta Wise amendments to section 6? Dickey McKeon Wamp Frelinghuysen Mink Woolsey Doolittle Metcalf Watts (OK) Frost Moakley Wyden If not, the Clerk will designate sec- Dornan Montgomery Weldon (FL) Furse Molinari Wynn tion 7. Dreier Moorhead Weller Gallegly Mollohan Yates The text of section 7 is as follows: Duncan Myers Wicker Ganske Moran Young (FL) Emerson Myrick Wolf Gejdenson Morella Zeliff SEC. 7. EFFECTIVE DATE. Everett Nethercutt Young (AK) Gephardt Murtha Zimmer This Act shall take effect 90 days after the Fields (TX) Neumann Geren Nadler date of the enactment of this Act. April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4141 The CHAIRMAN. Are there any Dicks Johnson (CT) Oxley Visclosky Watts (OK) Woolsey Dingell Johnson (SD) Packard Volkmer Waxman Wyden amendments to section 7? Dixon Johnson, E.B. Pallone Vucanovich Weldon (FL) Wynn If not, the question is on the commit- Doggett Johnson, Sam Parker Waldholtz Weldon (PA) Yates tee amendment in the nature of a sub- Dooley Johnston Pastor Walker Weller Young (AK) stitute, as amended. Doolittle Jones Paxon Walsh White Young (FL) Dornan Kanjorski Payne (NJ) Wamp Whitfield Zeliff The committee amendment in the Doyle Kaptur Payne (VA) Ward Wicker Zimmer nature of a substitute, as amended, was Dreier Kasich Pelosi Waters Wise agreed to. Duncan Kelly Peterson (FL) Watt (NC) Wolf The CHAIRMAN. Under the rule, the Dunn Kennedy (MA) Peterson (MN) Durbin Kennedy (RI) Petri NOES—7 Committee rises. Edwards Kennelly Pickett Abercrombie Hastings (FL) Wilson Accordingly, the Committee rose; Ehlers Kildee Pombo Collins (IL) Scott and the Speaker pro tempore (Mr. Ehrlich Kim Pomeroy Conyers Williams Emerson King Porter BARRETT of Nebraska) having assumed Engel Kingston Portman NOT VOTING—9 NOLLENBERG the chair, Mr. K , Chairman English Kleczka Poshard Bachus McCollum Rush of the Committee of the Whole House Ensign Klink Pryce Buyer McDade Torres on the State of the Union, reported Eshoo Klug Quillen Ford Reynolds Velazquez that that Committee, having had under Evans Knollenberg Quinn Everett Kolbe Radanovich b 1615 consideration the bill (H.R. 1271) to Ewing LaFalce Rahall provide protection for family privacy, Farr LaHood Ramstad Mrs. COLLINS of Illinois changed her he reported the bill back to the House Fattah Lantos Rangel vote from ‘‘aye’’ to ‘‘no.’’ Fawell Largent Reed So the bill was passed. with an amendment adopted by the Fazio Latham Regula Committee of the Whole. Fields (LA) LaTourette Richardson The result of the vote was announced The SPEAKER pro tempore. Under Fields (TX) Laughlin Riggs as above recorded. the rule, the previous question is or- Filner Lazio Rivers A motion to reconsider was laid on Flake Leach Roberts the table. dered. Flanagan Levin Roemer Is a separate vote demanded on any Foglietta Lewis (CA) Rogers f amendment to the committee amend- Foley Lewis (GA) Rohrabacher ment in the nature of a substitute Forbes Lewis (KY) Ros-Lehtinen PERMISSION TO FILE CON- Fowler Lightfoot Rose adopted by the Committee of the Fox Lincoln Roth FERENCE REPORT ON H.R. 3913, Whole? If not, the question is on the Frank (MA) Linder Roukema EMERGENCY SUPPLEMENTAL amendment. Franks (CT) Lipinski Roybal-Allard APPROPRIATIONS AND RESCIS- Franks (NJ) Livingston Royce SIONS FOR FISCAL YEAR 1995 The amendment was agreed to. Frelinghuysen LoBiondo Sabo The SPEAKER pro tempore. The Frisa Lofgren Salmon Mr. LIVINGSTON. Mr. Speaker, I ask question is on the engrossment and Frost Longley Sanders unanimous consent that the managers third reading of the bill. Funderburk Lowey Sanford Furse Lucas Sawyer may have until midnight tonight, April The bill was ordered to be engrossed Gallegly Luther Saxton 4, 1995, to file a conference report on and read a third time, and was read the Ganske Maloney Scarborough the bill (H.R. 889) making emergency third time. Gejdenson Manton Schaefer supplemental appropriations and re- The SPEAKER pro tempore. The Gekas Manzullo Schiff Gephardt Markey Schroeder scissions to preserve and enhance the question is on the passage of the bill. Geren Martinez Schumer military readiness of the Department The question was taken; and the Gibbons Martini Seastrand of Defense for the fiscal year ending Speaker pro tempore announced that Gilchrest Mascara Sensenbrenner Gillmor Matsui Serrano September 30, 1995, and for other pur- the ayes appeared to have it. Gilman McCarthy Shadegg poses. RECORDED VOTE Gonzalez McCrery Shaw The SPEAKER pro tempore. Is there Goodlatte McDermott Shays objection to the request of the gen- Mr. CLINGER. Mr. Speaker, I de- Goodling McHale Shuster mand a recorded vote. Gordon McHugh Sisisky tleman from Louisiana? A recorded vote was ordered. Goss McInnis Skaggs There was no objection. Graham McIntosh Skeen The vote was taken by electronic de- Green McKeon Skelton f vice, and there were—ayes 418, noes 7, Greenwood McKinney Slaughter not voting 9, as follows: Gunderson McNulty Smith (MI) b 1630 Gutierrez Meehan Smith (NJ) [Roll No. 287] Gutknecht Meek Smith (TX) REQUEST FOR PERMISSION FOR Hall (OH) Menendez Smith (WA) AYES—418 THE HOUSE TO CONSIDER A CON- Hall (TX) Metcalf Solomon CURRENT RESOLUTION RE- Ackerman Bonilla Clement Hamilton Meyers Souder Allard Bonior Clinger Hancock Mfume Spence QUESTING THE PRESIDENT TO Andrews Bono Clyburn Hansen Mica Spratt RETURN H.R. 831 AND PROVIDING Archer Borski Coble Harman Miller (CA) Stark FOR ITS RE-ENROLLMENT Armey Boucher Coburn Hastert Miller (FL) Stearns Baesler Brewster Coleman Hastings (WA) Mineta Stenholm Mr. DEUTSCH. Mr. Speaker, I ask Baker (CA) Browder Collins (GA) Hayes Minge Stockman the House to now take up a concurrent Baker (LA) Brown (CA) Collins (MI) Hayworth Mink Stokes Baldacci Brown (FL) Combest Hefley Moakley Studds resolution requesting the President to Ballenger Brown (OH) Condit Hefner Molinari Stump return the enrolled bill, H.R. 831, and Barcia Brownback Cooley Heineman Mollohan Stupak providing for its re-enrollment without Barr Bryant (TN) Costello Herger Montgomery Talent the targeted tax benefits contained Barrett (NE) Bryant (TX) Cox Hilleary Moorhead Tanner Barrett (WI) Bunn Coyne Hilliard Moran Tate therein. Specifically, those are the ben- Bartlett Bunning Cramer Hinchey Morella Tauzin efits that have been reported in the Barton Burr Crane Hobson Murtha Taylor (MS) press as $63 million being given to Mr. Bass Burton Crapo Hoekstra Myers Taylor (NC) Bateman Callahan Cremeans Hoke Myrick Tejeda Rupert Murdoch. Becerra Calvert Cubin Holden Nadler Thomas The SPEAKER pro tempore (Mr. Beilenson Camp Cunningham Horn Neal Thompson BARRETT of Nebraska). The request is Bentsen Canady Danner Hostettler Nethercutt Thornberry denied. Under the Speakers’ guidelines Bereuter Cardin Davis Houghton Neumann Thornton Berman Castle de la Garza Hoyer Ney Thurman shown in section 757 of the House Rules Bevill Chabot Deal Hunter Norwood Tiahrt and Manual, the Chair does not recog- Bilbray Chambliss DeFazio Hutchinson Nussle Torkildsen nize the gentleman for that purpose. Bilirakis Chapman DeLauro Hyde Oberstar Torricelli Bishop Chenoweth DeLay Inglis Obey Towns The request has not been cleared with Bliley Christensen Dellums Istook Olver Traficant the floor and the committee leader- Blute Chrysler Deutsch Jackson-Lee Ortiz Tucker ships on both sides. Boehlert Clay Diaz-Balart Jacobs Orton Upton Boehner Clayton Dickey Jefferson Owens Vento H 4142 CONGRESSIONAL RECORD — HOUSE April 4, 1995 GENERAL LEAVE XIV, from which the guidelines have The SPEAKER pro tempore. Is there Mr. MICA. Mr. Speaker, I ask unani- been determined. objection to the request of the gen- mous consent that all Members may Ms. WATERS. I am sorry? tleman from Florida? have 5 legislative days in which to re- Mr. DEUTSCH. Mr. Speaker, I would Mr. TIAHRT. Reserving the right to vise and extend their remarks and in- like to appeal the ruling of the Chair. object, Mr. Speaker, am I to under- clude extraneous material on H.R. 1271, The SPEAKER pro tempore. The de- stand that this resolution which we the bill just considered and passed. cision of the Chair denying recognition have not seen is going to be printed in The SPEAKER pro tempore. Is there is not appealable. the RECORD as if it were condoned by objection to the request of the gen- Mr. DEUTSCH. A parliamentary in- the Chair? tleman from Florida? quiry, Mr. Speaker. Why is that? The SPEAKER pro tempore. The re- There was no objection The SPEAKER pro tempore. This a quest is that it be printed in the discretionary recognition on the part f RECORD for the information of the of the Chair. It is not appealable. House. PARLIAMENTARY INQUIRIES Mrs. SCHROEDER. I have a par- Mr. DEUTSCH. And also, further, Mr. DOGGETT. Mr. Speaker, I have a liamentary inquiry, Mr. Speaker. that we be able to speak for 1 minute parliamentary inquiry. The SPEAKER pro tempore. The gen- to be able to explain the resolution. The SPEAKER pro tempore. The gen- tlewoman will state her inquiry. Mr. TIAHRT. Mr. Speaker, I object. tleman will state it. Mrs. SCHROEDER. Mr. Speaker, The SPEAKER pro tempore. Objec- Mr. DOGGETT. Mr. Speaker, with re- would the Chair receive the gentle- tion is heard. gard to the last ruling of the Chair man’s concurrent resolution to put it that the gentleman would not be per- in the RECORD at this point and see if f mitted to present his concurrent reso- we can get the Speaker to read it, and lution concerning the tax benefits ac- maybe we could bring it up tomorrow, PARLIAMENTARY INQUIRIES corded to Mr. Murdoch, what was the get recognition, because we obviously Ms. WATERS. I have a parliamentary basis for the Chair’s ruling? Is it that cannot get over this discretionary hur- inquiry, Mr. Speaker. dle that the Speaker has. the majority has not consented to the The SPEAKER pro tempore. The gen- Could I ask unanimous consent that presentation of this resolution? tlewoman will state her parliamentary we put the concurrent resolution in the The SPEAKER pro tempore. Under inquiry. RECORD at this point? the Speakers’ guidelines shown in sec- Ms. WATERS. Mr. Speaker, if you do The SPEAKER pro tempore. The gen- tion 757 of the House Rules and Man- not have the power by which to grant ual, the Chair does not recognize the tleman may introduce the resolution through the hopper. unanimous consent, acting on the gentleman from Florida [Mr. DEUTSCH]. Speaker’s behalf, how, then, do you Mr. DEUTSCH. Mr. Speaker, I have a Mr. DEUTSCH. I think what the gen- tlewoman is requesting, Mr. Speaker, have the power to grant the oppor- parliamentary inquiry. tunity for this to be put in the RECORD Mr. Speaker could I take it up as a is that we have some type of recogni- tion in terms of the Speaker himself, and to be dealt with tomorrow? privileged motion at this time? The SPEAKER pro tempore. The The SPEAKER pro tempore. It is not the gentleman from Georgia [Mr. GING- RICH], to actually take a look at it. He Chair can entertain a unanimous-con- a privileged motion at this time? sent request at any time at the Chair’s Mr. DEUTSCH. Mr. Speaker, could has stated publicly that he supports taking out this provision, and we real- discretion. the Speaker cite a rule why it is not Ms. WATERS. But then, Mr. Speaker, considered as that? ly want to give him the opportunity to do exactly that. you are exercising the discretion of the The SPEAKER pro tempore. The gen- Speaker, as I understand it, sir, but tleman has not properly presented a Mr. TIAHRT. Regular order, Mr. Speaker. you do not have the power to exercise resolution. that discretion fully? There appears to Mr. DOGGETT. A further parliamen- The SPEAKER pro tempore. Does the be a contradiction here. tary inquiry, Mr. Speaker. gentleman seek approval to print the The SPEAKER pro tempore. The The SPEAKER pro tempore. The gen- text of the resolution? Chair has the power of recognition. The tleman will state it. Mr. DEUTSCH. I think in terms of Chair chooses not to exercise it now, Mr. DOGGETT. If I understand the the gentlewoman from Colorado, the previous ruling of the Chair in response request—— under the bipartisan guidelines as sug- to my parliamentary inquiry, it was Mrs. SCHROEDER. Mr. Speaker, my gested earlier. that this is a Speaker’s guideline. It is inquiry would be since the gentleman Mr. DEUTSCH. A parliamentary in- not a rule; it is a guideline that the in the Chair is the designee of the quiry, Mr. Speaker. Speaker has himself applied to the Speaker at this point, and this is all The SPEAKER pro tempore. The gen- rules. Is that correct? discretion from the Speaker, but I un- tleman will state it. The SPEAKER pro tempore. This is derstand the gentleman in the Chair Mr. DEUTSCH. Mr. Speaker, was the an exercise of the Speaker’s power of saying he does not have the Speaker’s objection of the gentleman from Kan- recognition for a unanimous-consent OK to exercise this discretion, could sas [Mr. TIAHRT] to the motion by the request. the gentleman in the Chair take the gentlewoman from Colorado [Mrs. Mr. DOGGETT. I thank the chair. concurrent resolution and, A, put it in SCHROEDER]? Therefore, I believe I have Ms. WATERS. A parliamentary in- the RECORD, and B, see if we can get the opportunity to seek to address the quiry, Mr. Speaker. the Speaker’s concurrence, so the gen- House for 1 minute, not the issue re- The SPEAKER pro tempore. The gen- tleman from Florida [Mr. DEUTSCH] garding the printing of the resolution. tlewoman will state it. could be recognized tomorrow to bring The SPEAKER pro tempore. In the Ms. WATERS. Mr. Speaker, if it is this up? opinion of the Chair, it was the gen- not a rule and you cannot cite a rule, Mr. DEUTSCH. Mr. Speaker, if I tleman from Florida [Mr. DEUTSCH] and you are saying it is a prerogative might—— who asked for the unanimous-consent of the Speaker, is it documented any- The SPEAKER pro tempore. Does the request. where that the Speaker intended to gentleman seek unanimous consent to Mr. DEUTSCH. Again, Mr. Speaker, I handle his power in this way? insert the resolution into the RECORD? would stand corrected, but I believe the You may not be aware that the f gentlewoman from Colorado [Mrs. Speaker said that he is adamantly op- SCHROEDER] asked for that request, and posed to this tax giveaway to Mr. REQUEST FOR PERMISSION TO AD- it was actually slightly different, both Murdoch, and that he wishes to do DRESS THE HOUSE FOR 1 the printing and the attempt to talk. It something about it. I do not think you MINUTE would actually be the first time this should shut down that opportunity. Mr. DEUTSCH. Mr. Speaker, I ask issue was ever discussed on the floor, The SPEAKER pro tempore. The unanimous consent to speak for 1 so it might be an appropriate thing. It Chair will cite the rule: Clause 2, rule minute on the resolution. is a significant issue. April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4143 The SPEAKER pro tempore. Does the We have the opportunity to correct There was no objection. gentleman from Florida [Mr. DEUTSCH] our actions. I urge the House tomor- f have a request at this time? row, I urge the leadership of this body, f the gentleman from Georgia [Mr. GING- SPECIAL ORDERS RICH], specifically, who has said that he The SPEAKER pro tempore. Under REQUEST FOR PERMISSION TO AD- is against this particular provision, let the Speaker’s announced policy of Jan- DRESS THE HOUSE FOR 1 him speak in deeds, not just words. uary 4, 1995, and under a previous order MINUTE I do not think there is one person in of the House, the following Members Mr. DEUTSCH. Mr. Speaker, I ask the entire country that believes that will be recognized for 5 minutes each. unanimous consent that I be able to Senator MOSELEY-BRAUN was the impe- f address the House for 1 minute on this tus. We know that is not how this proc- The SPEAKER pro tempore. Under a particular issue. ess works. The Speaker’s relationship previous order of the House, the gen- with Mr. Murdoch is clearly something The SPEAKER pro tempore. Is there tleman from Michigan [Mr. BONIOR] is objection to the request of the gen- that has been well documented in the recognized for 5 minutes. tleman from Florida? press. I urge the support of both parties Mr. TIAHRT. Reserving the right to with the concurrent resolution tomor- [Mr. BONIOR addressed the House. object, Mr. Speaker, do we not have 5 row. His remarks will appear hereafter in the Extensions of Remarks.] minutes coming up now where every- f body is going to get a turn to speak? f The SPEAKER pro tempore. The DISCHARGE OF COMMITTEE ON HOUSE OVERSIGHT FROM FUR- THE TAX CUT PACKAGE IS GOOD Chair will entertain 1-minute speech FOR THE ECONOMY requests. THER CONSIDERATION OF HOUSE Mr. TIAHRT. I object, Mr. Speaker. JOINT RESOLUTION 70 AND RE- The SPEAKER pro tempore. Under a Let us go to the 5 minutes and con- REFERRAL TO COMMITTEE ON previous order of the House, the gen- tinue the business of the House. RESOURCES tleman for Indiana [Mr. HOSTETTLER] is The SPEAKER pro tempore. Objec- Mrs. CHENOWETH. Mr. Speaker, I recognized for 5 minutes. tion is heard. ask unanimous consent that the Com- Mr. HOSTETTLER. Mr. Speaker, I f mittee on House Oversight be dis- rise this afternoon because Americans charged from further consideration of are overtaxed. Because of this, I sup- FURTHER REQUEST AND House Joint Resolution 70, and that the port my colleague Mr. ARCHER’s bill to CLARIFICATION OF PROCEDURE joint resolution be re-referred to the lower taxes. Mr. DEUTSCH. Mr. Speaker, I move Committee on Resources. There is a growing realization in this to adjourn. The SPEAKER pro tempore. Is there country that we cannot afford to oper- Mr. Speaker, I withdraw my motion objection to the request of the gentle- ate on deficit budgets. We spend too to adjourn. woman from Idaho? much money primarily because we are Mr. VOLKMER. Mr. Speaker, if I There was no objection. involved, at the Federal level, in too may be heard, I think there was a mis- f many things. If we really want to con- understanding of what the gentleman trol spending, we must come to grips from Florida [Mr. DEUTSCH] was at- PERMISSION FOR CERTAIN COM- with the fact that the Government is tempting to do. I think it would be MITTEES AND THEIR SUB- entirely too big. Day after day, special very helpful, perhaps, if the Speaker COMMITTEES TO SIT TOMORROW, interest groups file through this city would now recognize the gentleman WEDNESDAY, APRIL 5, 1995, DUR- claiming that they understand the from Florida [Mr. DEUTSCH] and let ING 5-MINUTE RULE need to reduce Federal spending but him renew his unanimous-consent re- Mrs. CHENOWETH. Mr. Speaker, I that their program only costs a little quest. I think we can move along. ask unanimous consent that the fol- relative to the size of the budget. This f lowing committees and their sub- reminds me of the chairman of the committees be permitted to sit tomor- Council of Economic Advisers’ boast INTRODUCTION OF CONCURRENT row while the House is meeting in the that progress is being made regarding RESOLUTION TO REMOVE PROVI- Committee of the Whole House under the size of the national debt as it re- SION FOR SPECIAL TAX BREAK the 5-minute rule: the Committee on lates to the national economy, while FOR RUPERT MURDOCH Banking and Financial Services, the the national debt gets larger and larger The SPEAKER pro tempore. Does the Committee on Commerce, the Commit- and larger. These interest groups, and gentleman from Florida [Mr. DEUTSCH] tee on Economic and Educational Op- some of my colleagues, are missing the renew his request? portunities, the Committee on Govern- point. Government is too big. Mr. DEUTSCH. Yes. I do, Mr. Speak- ment Reform and Oversight, the Com- But the mindset that still has a for- er. mittee on House Oversight, the Com- midable presence in Congress is to see The SPEAKER pro tempore. Is there mittee on International Relations, the how little in Federal spending we can objection to the request of the gen- Committee on the Judiciary, the Com- get away with cutting. Oh, they say, tleman from Florida? mittee on Resources, the Committee on the voters are really mad about the There was no objection. Small Business, and the Committee on deficit and debt, so we’ll have to cut The SPEAKER pro tempore. The gen- Transportation and Infrastructure. It some things, but maybe not too much. tleman from Florida [Mr. DEUTSCH] is is my understanding that the Minority Even among Members who say they recognized for 1 minute. has been consulted and that there is no want a balanced budget, there seems to Mr. DEUTSCH. Mr. Speaker, I am in- objection to these requests. be a large group that isn’t interested in troducing, along with many Members, I The SPEAKER pro tempore. Is there cutting $1 more than needed to do this. believe, a sustainable one-third vote, a objection to the request of the gentle- The chief reason why there is resist- concurrent resolution to take out the woman from Idaho? ance to cutting taxes, even among provision that gives a special tax break Mr. DOGGETT. Mr. Speaker, reserv- those who campaigned in favor of tax to Rupert Murdoch for $63 million. At a ing the right to object, we have cuts, is that if you cut taxes, but are time when we are cutting back on stu- checked with the ranking members of striving for a balanced budget, you dent loans, student work programs, each of those committees and sub- have to cut spending that much more. student lunch programs, to do a thing committees, and they have agreed to The current argument against cutting that is just sleazy, it looks sleazy, it that. taxes is that it is irresponsible to do so smells sleazy, it walks sleazy, it talks Mr. Speaker, I withdraw my reserva- in the face of a $5 trillion national sleazy, and it is sleazy, and it is just tion of objection. debt. My response is this: We have this something that this House, the great- The SPEAKER pro tempore. Is there debt not because of the tax rate but be- est deliberative body in the world, objection to the request of the gentle- cause of this body’s insatiable lust for should not be part of. woman from Idaho? spending. What is irresponsible is for H 4144 CONGRESSIONAL RECORD — HOUSE April 4, 1995 us to continue spending like we have. credit is available to families earning cuts, because somewhere we will have We spend too much because we have de- up to $200,000. A segment of that credit to pay for the loss in revenue. veloped a mindset that Uncle Sam has is available to families earning up to We have heard Speaker NEWT GING- to do everything. $250,000. RICH describe within the contract on I am willing to trade being called That there is an earnings limit at all America this tax-cut proposal as the draconian and mean spirited by the lib- is in itself a compromise. That there is crown jewel of the contract. It is a eral media and the liberals on the an earnings limit at all—make no mis- crown jewel all right, but the only other side of the aisle in exchange for take about it—constitutes redistribu- problem is you only get the jewels if being about to tell my constituents tion of wealth, albeit on a small scale. you are privileged enough in society that I voted to cut spending enough to The opponents of this bill say it is and can afford them. balance the budget. I am willing to tell wrong to offer a tax credit to families The plan gives away billions of dol- voters I voted to cut their taxes while earning up to $200,000. That means they lars in tax breaks and other goodies to at the same time voting for heavy believe it is OK to exclude these fami- corporations and the well-to-do, those spending cuts. I am willing to do this lies, no matter how many children they groups, the only groups, in fact, that in because I have come to a conclusion might have, solely on the basis of the the 1980’s benefited from the trickle- after 3 months in this city—the powers fact that they earn more money. down economics we experienced in that that be in this city—and I am not re- Although these families are just as decade. If you do not belong to this ferring to Members of Congress—don’t capable to taking the $500 or $1,000 or group of corporations or well-to-do, the care about the taxpayers of my dis- $2,000 or $3,000 and investing it or plan not only does not help but you trict. The powers that be in this city spending it, the mindset on the left have to pay for it as well. don’t care about the future of my chil- says the Federal Government needs How will you pay? We have seen a lit- dren. The powers that be in this city that money more and that those fami- tle already. Who takes the hit? School don’t care about balancing the budget. lies do too well to qualify for tax relief. lunch programs, student loan pro- The powers that be in this city only Now, this idea to sock it to the so- grams, student grant programs for col- care about feeding their faces in the called rich is nothing new. Yesterday’s leges, summer youth employment pro- Federal trough. As a result, since the Wall Street Journal quoted some IRS grams, home heating assistance for powers that be in this city have set statistics showing that, in 1992, before seniors. There will be more middle- their faces against the taxpayers in my the Clinton tax increase, households class programs cut and dismantled over district, against the future of my chil- making more than $100,000 accounted the next several months to pay for dren and against balancing the budget for 3 percent of all tax returns but paid these expensive tax cuts. and retiring the debt quickly, I am set- 39 percent of all Federal income taxes. The capital gains tax cut that we will ting myself against them. So when you The same editorial notes that house- see by itself benefits, for the most part, tell me that if we cut taxes that means holds making more than $100,000 re- those that have incomes in the six- we will have to cut spending that much ported a total income of $858 billion, of fugure range. Seventy-five percent of more to balance the budget, my re- which $512 billion remained after taxes the benefits will go to the top 12 per- sponse is: ‘‘That’s the whole point.’’ and deductions. If each of those fami- cent of Americans in this country. You have heard and will hear from lies was forced to pay everything past Overall, 50 percent of the benefits go to our friends on the left that we’re about $100,000 in taxes, which everyone in those who earn over $100,000, 12 percent to repeat the same cycle that brought this Chamber would agree is an asinine of the entire population. massive deficits and debt in the 1980’s. concept, the Government would have Let us take a quick look at a chart Let’s look at what the Kemp-Roth tax that we prepared here to show who ben- collected an additional $135 billion in cuts did and what happened to spend- efits but who pays. If you happen to tax revenues, less than half of the ing at the same time. earn $200,000 or more, you are going to budget deficit that year. Early in the 1980’s, President Reagan get about $11,266 from a tax cut from The point is that the effort to exclude fami- delivered on his promise of deep, the Republican proposed legislation. If lies because they make more money is simply across-the-board tax cuts. Aside from you earn under $30,000, you can expect caving in to the shrill, yet baselessÐthe much- the 20 million new jobs and the longest to get, over the year, $124 in that tax publicized yet anemic and the intimidating yet and largest uninterrupted economic re- cut. foolish cry from the left that the tax credit fa- covery in postwar American history, If you take a look here, you can see vors the rich. The fact is, those of us who the tax cuts brought 14 years of in- how many people in America earn know the tax cut package is good for the creased Federal revenues. Total Fed- those different ranges of income. How economy should have the courage to vote for eral revenues went from $517 billion in many people earn over $200,000 a year? a package that includes the provision to give 1980 to $1.1 trillion in 1993. Total indi- Less than 1 percent of the population. a $500 per-child tax credit to families making vidual income tax revenues went from Yet they are going to take the lion’s up to $250,000, a 50-percent capital gains tax $244 billion in 1980 to $509 billion in share of those tax cuts. How many earn reduction, a front-loaded IRA, a repeal of the 1993. Congress cut taxes considerably under $30,000 or between $30,000 and Clinton tax increase on social security benefits and doubled Federal revenues. You $75,000? About 45 percent of the Amer- and an increase in deductions for small busi- can’t blame increasing deficits and ican public. nesses. We can do this and balance the budg- debt on something that caused reve- You can see from this chart how et if we have the courage to cut spending and nues to double. much, close to 50 percent of the Amer- ignore the special interests that dominate this So why did the deficit go up by 250 ican public will get out of these tax city. percent? Because during this same cuts. They are not going to the average time period spending went up by $800 f middle-class family. They are not billion or 130 percent. The increase in b 1645 going to the average family period. spending was $200 billion greater than They are going mostly to those who the increase in revenues caused by the TAX CUTS are well-to-do. tax cuts. That’s why the deficit and the The SPEAKER pro tempore (Mr. Why? It is unclear. We have not spec- debt went up. Remember this when our BILBRAY). Under a previous order of the ified where the cuts will come from, friends on the left tell you that cutting House, the gentleman from California the money to pay for those cuts. We taxes will increase the deficit. That’s [Mr. BECERRA] is recognized for 5 min- have not discussed how we will some- only true if we abrogate our respon- utes. how make up for the loss in money to sibility to cut spending, and I’m not Mr. BECERRA. Mr. Speaker, there is pay for school lunch programs, but we going to do that. nothing wrong with tax cuts. Obvi- do know that those who earn over Now, let’s remember just what is ously, it is great if we can give the $200,000 will benefit tremendously from being proposed here. The American American people a tax cut. this. Dream Restoration Act stated that Two questions we have to ask, Is it just a Democrat or someone who families should receive a tax credit of though, are: Is it being done equitably happens to represent an area that has a $500 for each child under age 18. This and can we afford to pay for the tax lot of middle-class or working-class April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4145 people in it that is subjected to this You know, I was just elected to Con- already been taxed once or twice al- tax-cut bill, Democrat or Republican gress last November. My wife, my three ready? tax-cut bills? No. children, and I have enjoyed a nice life. I am proud to support this bill which Let me give some quotes from people But, we’ve worked hard, have been will increase the estate and gift tax ex- on the Republican side of the aisle on careful with our money, and have emption from $600,000 to $750,000. I am this tax-cut proposal. planned for the future. also proud that the $750,000 amount ‘‘Most people in my district don’t I can still remember growing up on will be indexed for inflation from 1998 consider someone making over $200,000 our family farm. As a family we woke on. middle class.’’ Republican from Iowa. up early and worked just as hard then. Anyone who has worked in a family ‘‘It’s a message that we need to give. Like most farm families, our life was business or on a family farm knows That we don’t think $200,000 is middle tough. But the love and good times we that a value of $750,000 is not large as class. Just because everyone signed the shared around the kitchen table, made businesses or family farms go. And of- Contract With America does not mean all the tough times worth it. tentimes families are forced to sell the that everyone agreed with every de- When I hear people talking in this businesses after a death just to pay the tail.’’ Republican from Nevada said well about the Republicans trying to inheritance taxes. that. line the pockets of their rich friends, I Mr. Speaker, families have to deal ‘‘I want something that defends think back to my days on that farm with enough hardship when a loved one Democrats’ charges that we are the with my brother and sisters. I think dies. Let’s not add to their grief. In party of the rich.’’ Republican from Il- back to the high-water pants I wore, fact let’s give them a hand, but keep- linois. and tried to cover up with lace-up ing the hand of government out of ‘‘There’s a lot of concern that if we boots, so no one could see. their pockets. Let’s pass H.R. 1215. It’s were to enact all the tax cuts in the President Dwight Eisenhower, a the right thing for farmers, it’s the Contract With America that it would proud Kansan, used to talk about his right thing for small businesses, and make it all but impossible to bring the humble childhood. He said he never re- it’s the right thing for families. deficit under control.’’ The chairman of alized he was poor when he was a kid, f the Committee on Rules, Republican because he didn’t know anything else. b 1700 from New York, said that. When I look back on my roots, Presi- Clearly, what we see here is not a dent Eisenhower’s description, I can THE REPUBLICAN CONTRACT: WHO tax-cut plan that will go to middle identify with my fellow Kansan. WINS, WHO LOSES? America. It is a tax-cut plan that re- It is not despite my humble roots moves the minimum protection that The SPEAKER pro tempore (Mr. that I strongly support this bill, but ILBRAY). Under a previous order of the we have to make sure that corpora- B because of my roots. This tax cut bill House, the gentlewoman from Illinois tions pay any minimum taxes that we we will be discussing tomorrow is [Mrs. COLLINS] is recognized for 5 min- passed about 10 years ago because we about families, and it is also about re- utes. saw some mega-corporations, warding behavior which leads to a bet- Mrs. COLLINS of Illinois. Mr. Speak- transnational corporations getting ter community and a stronger nation. er, at the end of this week the Repub- away without paying a cent of tax. This tax bill is about aiming at a licans will have a celebration of pas- The Republican proposal that we will goal, and trying to attain that goal. sage of items in their Contract on have before us this week eliminates This tax bill is about Americans be- America in 100 days. that law that requires corporations to coming their highest and best. The most important question we pay at least a minimum tax. This is Americans can do better than to en- need to ask about the Republican con- not a tax plan for average Americans. courage its oldest and wisest citizens tract is: Who wins, and who loses? The This is not a tax plan that the Congress to mothball their talents prematurely, breakneck pace the Republican leader- should pass. This is not a tax plan that just because they reach the age of 65. ship has employed to pass the items in the President should sign. This is a tax But, that is exactly what this country the contract has obscured the answer plan that will go to a few and be paid does when it discourages productive be- to this question. I am confident that as by many. havior on the parts of its senior citi- time goes on, and the American people Mr. Speaker, I would urge all my col- zen. Allowing seniors to earn more and are given the time they deserve to con- leagues as we debate this measure to pay less taxes is reason alone to sup- sider these measures, they will under- take a close look at what we do here port this bill. stand that they will be the losers be- today and tell the American people cause their interests are not rep- that, before we start talking about tax In fact the entire bill will help to resented as they were led to believe. cuts, let us start talking about deficit keep this economy growing, and thus So let us step back for a moment and reduction. making it possible for us to balance our books by 2002. But the part of the take a look at these first 100 days. f bill which I support the strongest is What are the Republicans really selling the decrease in estate taxes. with the contract, and who is buying? H.R. 1215, TAX FAIRNESS AND I shared with you my farm back- The Republican leadership moved DEFICIT REDUCTION ACT ground. Family farms are like so many quickly to tend to the needs of their The SPEAKER pro tempore. Under a other small businesses. Like my grand- special patrons: the special corporate previous order of the House, the gen- parents who worked hard their whole interests who have for decades sought tleman from Kansas [Mr. TIAHRT] is life, and they never felt they had any relief from their responsibilities for the recognized for 5 minutes. money. When they died they left the health, safety, and well being of Ameri- Mr. TIAHRT. Mr. Speaker, today farm. In a sense my grandfather was cans. marks a dramatic change in the way rich for a day. My parents inherited Corporate America’s special inter- Washington sets policy, and the way the family farm. But after they paid all ests’ day has finally come. In their zeal Congress does business. We have begun the debts, the notes and the dreaded in- to protect their patrons the Republican discussing a truly revolutionary tax heritance tax, it was like they bought leadership and members immediately bill. I would like to share with you why the farm from a stranger, the Govern- moved to issue a blanket moratorium this bill, H.R. 1215 the tax relief bill is ment. on all new regulations of the Federal so important to me. Is it right in America, a land where Government. This blind, unthinking I want to be clear from the very be- the right to own property is a fun- payoff to the special interests did not ginning that this tax relief bill is not damental right, that younger genera- discriminate between good regulations about rich versus poor. It’s about re- tions have to mortgage the family land and bad ones. It did not consider who warding behavior which grows our to pay the Government’s taxes. might get hurt. That of course, was not economy, pays off our debt, and keeps Is it fair to burden families with out- the point. So this House voted to bring the torch of our system of self-govern- rageous inheritance taxes, when that to a halt rules to protect the food sup- ance burning bright. capital used to purchase the land has ply from deadly E-coli contamination; H 4146 CONGRESSIONAL RECORD — HOUSE April 4, 1995 rules to protect the drinking water; learned that the Republican leadership vast majority of the people are middle- rules for greater toy safety; rules for gathers for lunch weekly with this class working people, people earning workplace safety, and many other reg- small cadre of lobbyists so that they less than $50,000 a year. ulations issued to protect the interests can represent the interests of their cli- There is another benefit from our of average Americans—the public in- ents more effectively. capital gains tax cut which goes to- terest. Well, let me tell you that I gathered tally neglected by the opponents of ini- Well, so what if we suspend all regu- for lunch with some VIP’s myself last tiative; it is that the people who bene- lations which serve to protect the pub- month. They were kids from an ele- fit from this then appreciate those cap- lic health and safety? As American mentary school in my district. The ital gains and when they do not have to citizens don’t we still have the right to young ones—babies 4, 5, and 6 years send that money to Washington and control irresponsible corporate behav- old—start asking their teacher what they take that money and they invest ior through the most democratic insti- time lunch is about 9 in the morning that money, it creates jobs. It creates tution of all, the citizen jury in a court each day. They are that hungry. jobs for working class people. of law? Well my friends, think again. Mr. Speaker, If there were a few of There is something much, much bet- As the Republicans in the House take these kids in your weekly lunches, and ter in our economy when you stimulate away with one hand, they also try to a few less special interest lobbyists— investment and when that creates jobs take away with the other. America would be a far better place for than when jobs are created by make- Soon after voting to stop regulations everyone. work projects here in Washington. This that might serve to protect consumers The tactics employed by the leader- capital gains tax cut is going to help from dangerous products and irrespon- ship in ramming through anti-people the middle class, it is going to help sible corporate behavior, they rammed programs have been designed to hide working people, it is going to help un- through a measure which makes it far the truth from the American people employed people who are looking for more difficult for citizens to secure about what they’re really selling in the work, and I support this tax package. damages in court for harms they have contract; about who gains, and who Mr. SAXTON. Mr. Speaker, will the suffered from dangerous products. Pu- gets hurt. gentleman yield? nitive damages, those awards made by This contract is for corporate Amer- Mr. WELDON of Florida. I am happy juries as a message to stop future irre- ica and fat cats, not for the people. to yield to the gentleman from New sponsible and negligent behavior of f Jersey. corporations, were capped in the House Mr. SAXTON. Mr. Speaker, I would bill. This takes away the power of the ORDER OF BUSINESS like to point out what the gentleman jury and reduces the prospect for puni- Mr. WELDON of Florida. Mr. Speak- from Florida [Mr. WELDON] mentioned tive damages to just another calcula- er, I ask unanimous consent to claim here just a few minutes ago is dem- tion in the cost of doing business. the time of the gentleman from Mary- onstrated on this chart. He said that And by tying punitive damages to land [Mr. BARTLETT]. most of the people who benefit from the income of the victim, the Repub- The SPEAKER pro tempore. Is there capital gains on an annual year-to-year lican sponsors of this bill have sent a objection to the request of the gen- basis earn less than $50,000 a year. And clear message to Americans that their tleman from Florida? that is absolutely correct. If you take worth is determined by how much they There was no objection. out the one year when they have got- can earn. I urge the women, elderly, f ten the benefit of the capital gain and children, workers, and poor of America average all of their other years out, as to take note of this startling fact. No SUPPORT FOR A CAPITAL GAINS a matter of fact, 38.4 percent of the where else is the real agenda of the Re- TAX CUT people on a year-to-year basis actually publican contract made more simple The SPEAKER pro tempore. Under a earn less than $50,000 a year and 22.4 and more clear. previous order of the House, the gen- percent, for a total of almost 60 percent Now what about welfare reform? tleman from Florida [Mr. WELDON] is of the people, earn less than $100,000 a Wasn’t that supposed to make changes recognized for 5 minutes. year who benefit from the capital gains in a program for the benefit of all Mr. WELDON of Florida. Mr. Speak- tax cut that we are suggesting. Americans—poor and working Ameri- er, I rise to speak out in support of our So, when our friends from the other cans alike? Well, the Republican lead- tax package coming before the House side of the aisle suggest that it is the ership chose instead to avoid an honest to be voted on this week, and Mr. rich folks that benefit, this chart tells evaluation of the Federal welfare pro- Speaker, I specifically want to talk a different tale. gram: fixing what needs to be fixed and about our capital gains tax cut. I had a Mr. WELDON of Florida. I really ap- improving what should be improved. woman in my district who called me in preciate the gentleman from New Jer- They chose to avoid the underlying support of our capital gains tax cut, sey sharing that and that chart illus- problems of jobs, health care and child and contrary to what we may hear trating the point very effectively. care which beg for solutions. Instead from our colleagues on the left that There is one other thing I want to they chose to slash the budget and cal- this is for rich people, well connected mention to my colleagues on the left. lously pass the problem along to the people, fat cats, so to speak, this lady We are in a competition worldwide individual States. was actually unemployed. She is at with the Europeans, with the people on And yet as they cut $69 billion from home and she is recovering from cancer the Pacific rim. For competitiveness programs like WIC and the school surgery. And indeed, she is a widow, sake we need this capital gains tax cut. lunch program, they refuse our efforts her husband was killed in an auto- If you go to those countries, their cap- on the Democratic side to ensure that mobile accident 5 years ago. But she ital gains rates are much, lower than these cuts would go to reduce the defi- called me to tell me that she supports ours are. The result of that is capital cit, a benefit for all Americans. In- the Republican capital gains tax cut tends to move out of the United States stead, they chose to reserve those because she has a house that she is put- into those other countries, so if we funds to plug a hole in their tax cut ting up for sale and she needs that lower our capital gains rate it will not plan for the wealthy. I am sure that money to pay her medical bills and to only create jobs, it will not only stimu- many working class Americans who pay for her son’s education. late the economy, it will not only help supported welfare reform in the con- We are going to hear a lot of rhetoric the middle class, working class people, tract will be shocked when they dis- from the left that this capital gains tax unemployed people looking for jobs, it cover who will reap the benefits. It is, cut benefits the rich. But in reality the will also bring foreign investment into of course clear, who will suffer. number of people that it benefits, by the United States which further stimu- It should come as no surprise that we and large, are middle-class working lates our economy, strengthens our have recently learned that much of the people. If you add up the dollars, yes, dollar which is currently taking a beat- legislation in the contract was actu- the dollars suggest that it helps the ing in foreign markets. ally, literally drafted by professional rich. But if you add up the number of Mr. Speaker, this bill is good for lobbyists for the special interests. We people who are benefiting from it, the America, it is good for working-class April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4147 Americans, middle-class Americans, Middle-class families work much too and who is not likely to succeed in the unemployed Americans. hard to have the fruits of their labor business world. They have not done Mr. Speaker, I support this bill. I en- taken away for the benefit of the Re- very well at that, because it is not a courage our colleagues on the other publican’s wealthy contributors. proper function of government. side of the aisle to put partisan politics The Republicans have reached an all- We do need money for small business, aside and join us in a bill that is good time low with this proposal. I give but this money should not be con- for the whole Nation. them and their Contract on America an trolled by the Government. Our oppres- ‘‘F.’’ sive tax structure, after a business fi- f nally even gets enough money to get b 1715 STUDENT LOANS started, our oppressive tax structure And for emphasis, I suggest once penalizes people for success in the busi- The SPEAKER pro tempore. Under a more to you that if we are to survive as ness. previous order of the House, the gen- a strong nation, Mr. Speaker, we must We had one witness in the committee tleman from Alabama [Mr. HILLIARD] is educate our youth. which told of a friend of his who had a recognized for 5 minutes. f company of over 100 people. The Gov- Mr. HILLIARD. Mr. Speaker, I stand ernment was taking more than about before you today to protest the latest INVESTMENT AND JOB CREATION half of the money that his company calamity that the Republicans have The SPEAKER pro tempore (Mr. made, and if he was able to save the forced upon the citizens of this Nation. BILBRAY). Under a previous order of the rest of it, when he went to pass it on Once again, the Republicans are rob- House, the gentleman from Maryland for his children, the Government would bing middle-class families in order to [Mr. BARTLETT] is recognized for 5 min- take more than another half of it. So offer tax benefits for the wealthy. This utes. his children were going to get about 20 trend of the new Republican majority Mr. BARTLETT of Maryland. Mr. cents of each dollar that he earned has reached alarming proportions. Speaker, I rise this evening in strong now. He did not need the company and Now, the Republicans have targeted support of H.R. 1215, because it is an in- all of the headaches and the Govern- college loan programs for cuts to pay vestment and job-creation bill. ment harassment, and so he quit. for tax breaks to rich special interest Let me talk for just a moment about There were 100 people out of work, be- groups. The contract on America would tax cuts in general and what they do. cause there was no incentive for him to drastically cut funding for the Perkins First of all, let me say that tax cuts continue to work. Loan Program, Work-Study Programs, are not a government giveaway. What We need to lower this oppressive tax and Supplemental Education Oppor- the Government is doing is simply tak- structure. tunity Grants. Money from all of these ing less of your hard-earned money. Mr. SAXTON. Mr. Speaker, will the programs accounts for over 75 percent The Federal Government has no a gentleman yield? of the financial aid that is distributed priori right to your money. When they Mr. BARTLETT of Maryland. I yield in this country every year. take less of your money, that is not a to the gentleman from New Jersey. If we allow the Republicans to cut Government giveaway. It is simply let- Mr. SAXTON. Mr. Speaker, I would funding for college students, the mid- ting you keep more of what is right- just like the gentleman to yield on the dle class will end up having to pay over fully yours. point he is making about Government $20 million over the next 5 years. This Republicans and small business all taking a bigger and bigger bite out of burden is too heavy to place upon the across the country, indeed, large busi- people’s pockets and a bigger and big- backs of the working families of Amer- nesses also recognize that the engine of ger bite out of national income. ica, and we cannot allow it. job growth in America is small busi- This chart demonstrates, beginning Our young people are one of our most nesses. The statistics from our recov- in 1930 when the Government took 12 important resources. No young person ery from the last recession are really percent of national income, to 1940, who is capable of learning should be de- very illuminating. If you place the when the Government consumed 25 per- nied the opportunity to pursue a higher companies across our country in cat- cent of national income, to 1960, when education. egories relative to the number of em- it consumed 32 percent of national, all A good education is crucial for suc- ployees, 5,000 employees and above, and the way up to 1990 when local and Fed- cess in this country. Investment in the then smaller and smaller until you get eral Government consumed 42 percent successful futures of young people is down to the smallest companies, and of national income. one of our most critical obligations, those are with zero to four employees, What the gentleman is saying cor- and everyone must take it seriously. the new jobs that were created in re- rectly and very articulately is that There is no greater cause than invest- covery from the last recession, a tiny this bill is about trying to turn this ing in the expansion of young minds. percentage of those were created in the around so national income is consumed I know that many of this Nation’s companies that had 5,000 employees less by the Government rather than most prominent citizens arose from and more. No company below that, no more each decade, as we see is evident humble beginnings, and improved group of companies below that, in- on this chart. themselves with Government-funded fi- creased their work force at all. It relied I thank the gentleman for making nancial aid programs. With higher edu- on the smallest of these groups of com- that point. cation costs rising every year, more panies, the zero to 4 employees. There Mr. BARTLETT of Maryland. Thank and more families need a little more more than 90 percent of all the new you very much. If you continued that, assistance in sending their kids to col- jobs were created. This makes it very last year, May 27 was tax free day. lege. apparent that capital investment, cap- That is more than 42 percent. But we The Republicans want to deny these ital for small businesses is very, very were not through yet supporting Gov- underprivileged youths the opportunity important in our job force, particularly ernment, because between May 27 and to improve themselves, even though so when we are trying to recover from July 10, every person in America who many of them relied on student loans a recession. worked spent all of their money, all to finance their own education. I don’t I sit on the Small Business Commit- the money they made went to pay for know how they can justify taking away tee, and I have been impressed over and unfunded Federal mandates, so the cost one of the best means to improve over with witnesses there how impor- of total Government last year took all America’s future, just to satisfy the tant, how important venture capital is. of the income of all working Americans greed of the very wealthy. Regrettably, the Federal Government up until July 10. President Clinton has stated that he has in the past, and we are correcting This is a tax burden that we cannot will stand firm against any attempts to that, the Federal Government has been bear. eliminate or scale back student loan playing the role of investment banker. Just a word, in closing, about the programs. We, as Democrats, are be- It has been taking the hard-earned dol- capital gains tax. By statute, CBO can- hind the President in standing up for lars from American workers and trying not dynamically score a tax cut. They working families. to make choices of who will succeed must statically score it. What that H 4148 CONGRESSIONAL RECORD — HOUSE April 4, 1995 means is all of those capital gains tax outpatient treatment, and make medi- ed States and the writings of the reductions will certainly create jobs cal need rather than a questionable Founders of this great country make and increase revenue to the Govern- legal test the basis for determining no mention of class or income level. In- ment. They cannot score it that way, whether a patient requires hospitaliza- deed, the Declaration of Independence but everyone who studies this knows a tion or a clinic visit. The changes proclaims that all men are created capital gains tax cut is a real winner would not only make VA eligibility equal, which means that all men and for everyone. rules more rational, they would expand women stand equal before God in their f the benefits available to most veterans. entitlement to exercise their inalien- Under current law, only a limited able or God-given rights of life, liberty, INTRODUCTION OF THE VETERANS group of veterans—those 50 percent or and the pursuit of happiness. HEALTH CARE REFORM ACT OF more service-connected disabled—are We all know that the American fam- 1995 assured of receiving comprehensive ily is overtaxed today. In fact, Ameri- The SPEAKER pro tempore. Under a outpatient treatment. The bill calls on cans are overtaxed, paying a higher previous order of the House, the gen- VA to manage resources so as to pro- percentage today in taxes than at any tleman from Texas [Mr. EDWARDS] is vide comprehensive outpatient treat- time since World War II, and we are recognized for 5 minutes. ment, as well as hospitalization, to a not in a war right now, Mr. Speaker. Mr. EDWARDS. Mr. Speaker, the much broader spectrum of veterans, in- We are fighting for survival against the Congress has a long record of support cluding those receiving compensation Government which seeks to regulate for America’s veterans and for the VA for a service-connected disability, and tax out of existence the very health care system on which so many former prisoners-of-war, World War I Americans who provide for its support. veterans depend. veterans, and lower income veterans. Now, we hear from many critics on That system, like health care deliv- Although I believe VA medical care the other side the idea that we ought ery generally, is facing an era of chal- merits a greater percentage of discre- to sacrifice in essence for Government lenge and change. A critical factor for tionary funding than it receives, the so that Government can tax the peo- both the private and public health sec- bill’s proposed expansion of eligibility ple’s money, bring it back here to tors, of course, is the high cost of does not depend on additional appro- Washington, run it through the bu- health care delivery. Managing within priations. The bill instead envisions reaucracy and trickle it back down a fixed budget, the VA has long been a that the VA will shift care from its again out to the end recipient. cost-conscious provider of care. In re- hospital wards to its outpatient clinics, Study after study shows that we lose cent months, however, VA’s leadership and with the shift free up resources. between half and two-thirds of every has initiated additional reforms aimed Studies have found that some 40 per- tax dollar that is taken in that fashion. at achieving more efficient service de- cent of episodes of VA hospital care That is a gross waste of resources and livery. could more appropriately have been a burden on Americans that we can no We continue to press the VA to provided on an outpatient basis. In longer afford. We are making a start to streamline and improve its delivery of part, the problem is that VA facilities turn that around with this very impor- care. We also recognize, however, that have more hospital bed capacity than tant piece of tax legislation tomorrow the Department operates within a stat- they need, but not enough space and which cuts taxes for everyone. utory framework which from time to staff devoted to providing outpatient I would just like to reference a chart time needs revision. It has become treatment. The bill would reverse that. that shows the effect, for example, of clear to me that at least one key ele- It would provide VA a means to expand the capital gains tax cut where we are ment of VA benefits law no longer its outpatient treatment capacity by constantly criticized for benefiting the serves the veteran or VA effectively. permitting the Department to retain rich, and I would just like to reference Specifically, the laws governing eligi- for these purposes third-party collec- this chart prepared by the Bureau of bility for VA care have become archaic tions above the Congressional Budget National Affairs which indicates that and need to be modified. Those laws— Office baseline level. the distribution of tax returns report- some reflecting medical practices of Let me stress that this bill is an im- ing a capital gain with income meas- years ago—make it easier to get costly portant step forward, and a step on ured as the adjusted gross income hospital in-patient care than routine which we can build in the future. While minus the capital gains, and you can outpatient treatment. As a result, VA its provisions would only have effect clearly see that 70 percent of the re- facilities often face the choice of deny- for a 3-year period, its implementation turns filed claiming capital gains are ing a veteran routine outpatient treat- will provide the kind of data and expe- for people whose incomes, adjusted ment, providing that treatment ille- rience VA and the Congress need for gross incomes, are under $50,000, 70 per- gally, or hospitalizing the individual to the still more comprehensive reforms cent. For those with adjusted gross in- circumvent statutory limitations. that veterans seek and deserve. comes of over $200,000, only 2 percent There is relatively broad consensus f filed such returns. that enactment of health care eligi- So do we all benefit from these cap- bility reform is a top priority. Veter- DISTORTIONS ABOUT THE TAX ital gains provisions? Yes, we do. And ans have been urging Congress to enact REDUCTION BILL by the way, the distribution of the ben- a law which would guarantee com- The SPEAKER pro tempore. Under a efits for the $500-a-child tax credit is prehensive health care coverage, in- previous order of the House, the gen- roughly in similar proportion to what cluding long-term care, to service-con- tleman from California (Mr. DOO- we see here with the capital gains. nected, low-income, and others with a LITTLE) is recognized for 5 minutes. Again, the vast bulk of the benefits high priority to VA services. We at- Mr. DOOLITTLE. Mr. Speaker, many go to people of middle incomes. But tempted to achieve that goal last ses- of us are looking forward with greater again we are changing the tax provi- sion as part of the broader pursuit of anticipation tomorrow to passing what sions to say children have value and national health care reform, but were is a most significant provision of the whether you are rich or poor, we as a ultimately unsuccessful. I do not be- Contract With America. That is the tax government are going to recognize that lieve the prospects for that kind of bill with all of the attendant benefits with a $500 per child tax credit. It is comprehensive legislation have im- for families throughout the United right in the philosophy of a man who proved. States. as a good Democrat, President John F. In my judgment, we can best achieve We have heard much talk from the Kennedy, who proclaimed ‘‘A rising our common goals for VA eligibility re- other side about benefiting the rich, tide lifts all boats.’’ That is the philos- form incrementally. The reforms pro- gross distortions of what this bill actu- ophy of the Contract With America. We posed in the Veterans Health Care Re- ally does, and a constant reference to believe in restoring competitiveness to form Act of 1995, which I’m introducing the rich or to really utilizing a tech- our economy. We believe in increasing today, are incremental, but they are nique, if you will, of class warfare. the rate of economic growth. We be- also important. My bill would for the Mr. Speaker, I just would like to lieve in increasing the savings rate of first time eliminate barriers to routine point out the Constitution of the Unit- individuals, and we do that in this tax April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4149 bill by changing the provisions relative this last baseball strike here lots of who find it necessary to work. A fixed to IRA’s, individual retirement ac- fundamentals were forgotten, mainly Social Security income alone, or a counts, so that all people have an in- that baseball is a game. But let me tell planned savings program designed to centive to put some money away for a you about a labor-management dispute supplement income during retirement, rainy day and when they do that, after that is not a game. does not in any way provide sufficient 5 years, they can take it out tax-free. In my district the United Paper financial security for senior citizens to That will create the incentive that Workers, the United Auto Workers, the live in the current world of rising Americans need to begin saving once United Rubber Workers have been in prices. Moreover, and equally impor- again. The whole basis of this country, the midst of a labor-management dis- tant, after being accustomed to bring the free enterprise system, is based on pute for some as long as 2 years. These in the work force for various decades, incentive. are people that will never make a mil- retirement leaves many seniors with a In the Contract With America we re- lion dollars in their entire lifetime. feeling of worthlessness and a lack of store that incentive. They are not cry babies. But their identity, hence there need for employ- I look forward to that very impor- babies are crying. No jobs, less food on ment. tant bill tomorrow. the table, no health insurance. These Unfortunately, Mr. Speaker, instead f people do not labor in high-paying, of repealing the earnings test which he hero-worshipping jobs in right field or once felt was punitive, President Clin- BACK TO THE FUNDAMENTALS center field or even the infield. They ton failed to even increase the earnings ONCE AGAIN labor in coal fields and cornfields and limit. Last year, his Social Security The SPEAKER pro tempore (Mr. wet-milling plants and making rubber Administrator testified that only a BILBRAY). Under a previous order of the tires and making heavy equipment, $1,000 increase was possible. House, the gentleman from Illinois tough jobs. Under current law, senior citizens [Mr. POSHARD] is recognized for 5 min- When their complaints of unfair lose $1 in Social Security benefits for utes. labor practices were filed, some as long every $3 they earn above $11,280. Mr. POSHARD. Mr. Speaker, I love as 2 years ago, no one expedited their The earnings limit translates into an baseball. Growing up in farm country case in the National Labor Relations added effective tax of 33 percent, com- in southern Illinois, I always managed Board. When their employers locked bined with a 7.65-percent FICA with- with my cousins to start the baseball them out in the case of the rubber holding tax, and a 15-percent Federal season this time of the year with some Workers permanently replacing them income tax. This combines into a pre- pickup games, and I dreamed of the because they wanted the same contract posterous effective marginal tax rate time that I could become a baseball as this Japanese-owned corporation of 55.65 percent—twice the tax rate of coach. I went into the Army when I that their counterparts had received millionaires. This, Mr. Speaker, is out- was 17, and I got out at age 20 and from American companies, no Federal rageous, because it keeps people from started going to the university. I got a judge said a word. Why? Is their labor working and I feel that no one person bachelor’s degree in physical education less worthy? Are their families less im- should be discouraged from working or, and became a baseball coach. I started portant to the welfare of this country? worse yet, penalized for trying to be fi- coaching in a small rural high school. How can we be so out front for people nancially independent. That is why I After the basketball season had ended making $4 million or $5 million a year favor H.R. 1215, which eliminates the my first year of coaching, it was only and so reluctant to help people making bias against older Americans who con- a few weeks’ time that we had to get $20,000 or $25,000? I know unions are not tinue to work in order to help them- into the baseball season. In between in favor today. But I grew up in coal- selves and to create a better future for that and the April showers we did not mining country. I saw young men go all. have much practice time. Lo and be- down into the mines and come up, at 35 This legislation phases an increase in hold, the kids had not had the privilege years of age, with black lung and die the earnings limit to $30,000 by the of playing in Little League or Pony and leave their families with nothing, year 2000 and allows seniors to earn League or Legion Ball, so they knew until the UMWA organized. I saw the $4,000 more each year. nothing about the fundamentals of working conditions change so that ac- An increase in the earnings limit is baseball. cidents did not take hundreds of lives. synonymous with positive benefits for In our first game of the year we were Mr. Speaker, Mr. President, I am not senior citizens and for the overall wel- playing another team in a nearby com- asking for the administration or the fare of this Nation. An increase in the munity. We were behind 9 to nothing in Congress to take sides in this labor- earnings limit will provide for in- the bottom of the 5th inning. In high management dispute, but I am asking creased economic growth resulting school ball there is a 10-run rule. If you that the same sense of urgency and from the wealth of expertise gained are behind 10 runs at the end of the 5th concern be given to the working people from seniors who possess decades of inning everybody goes home. They of this country. workplace experience, not to mention a make the assumption you are not Let us not forget the basic fundamen- strong work ethic, punctuality, and going to catch up; the game is over. tals of what built this country: Re- flexibility. We need the expertise and So the opposing team had the bases specting people’s work and expecting manpower that our seniors provide, in loaded and nobody out. If the kid on that their government will go to bat addition to the billions of dollars in the third base scores the game is over and for them no matter their station in life annual output of goods and services we all go home. So I walked outside the or their position of power and influence which their manpower renders. dugout and yelled to my men in the in- in this country. The implementation of the earnings field. I said, ‘‘Okay, men, let’s bring f limit is a complicated procedure which the infield in for the play at the plate.’’ requires that seniors produce estimates I turned and walked back to the dugout PASS H.R. 1215 of their earnings for the upcoming year and every single kid on the infield fol- The SPEAKER pro tempore. Under a so that the Social Security Adminis- lowed me straight into the dugout. previous order of the House the gentle- tration can reduce their checks. Any Well, I was shocked. Derisive laughter woman from Florida [Ms. ROS- incorrect estimate, however, translates came out of the stands. People were LEHTINEN] is recognized for 5 minutes. into a lump sum reduction in benefits guffawing their heads off. I chewed my Ms. ROS-LEHTINEN. Mr. Speaker, I or, worse yet, increased costs for these kids out. But the truth is, on the way rise to support an increase in the So- seniors if they have to employ tax ac- home I got a guilty conscience. You cial Security earnings limit and to ask countants to determine the changes in see, it was not their fault that I had for the repeal of the Clinton tax hike their tax rates. not taught them a basic fundamental on Social Security benefits. Both are As if these limits to earnings were of the game, how to bring the infield in included in H.R. 1215. not enough, Mr. Speaker, current tax and throw the guy out at the plate. It Mr. Speaker, the Social Security laws serve to place even harsher pen- was my fault. I had forgotten to teach earnings limit is an unfair and det- alties on America’s seniors, specifi- the fundamentals. I want to tell you in rimental burden on all senior citizens cally those who continue to work, be it H 4150 CONGRESSIONAL RECORD — HOUSE April 4, 1995 for financial or emotional reasons, be- Murdoch. This tax break, one of 17 that Government, what are you going to cut yond the age of 65. By requiring Ameri- were proposed, relating to the Federal to make up for that revenue,’’ and that ca’s seniors who earn more than $34,000 Communications consideration of pur- is what we have seen, especially in the as individuals, or $44,000 as couples, to chases of minority enterprises, sales to student loan program. pay income taxes on 85 percent of their minority enterprises, a tax break that f Social Security benefits, the 1993 Clin- will mean tens of millions of dollars in ton tax hike on Social Security bene- money directly to that corporate em- H.R. 1215 WILL RESULT IN A fits placed a heavier economic burden pire, which was not told to us on the BALANCED BUDGET BY 2002 on millions of middle- and low-income floor of this House when it was brought The SPEAKER pro tempore (Mr. senior citizens. up. BILBRAY). Under a previous order of the The bill repeals the Clinton tax hike As I say, in the State of Kentucky, House, the gentleman from New Jersey in a 5-year period. By the year 2000 the there is a specific rule, a requirement [Mr. MARTINI] is recognized for 5 min- percentage of the tax on Social Secu- that a change of that nature has to be utes. rity benefits will be lowered to 50 per- raised on the floor. Had it been raised, Mr. MARTINI. Mr. Speaker, I am cent. This was the amount originally Mr. Speaker, there would have been pleased to report that when H.R. 1215 in effect before the 1993 tax increase. cries of foul from one side of this floor comes to the floor, the tax relief bill H.R. 1215 is designed to grant tax fair- to the other. Had it been raised the bill this week, it will now contain language ness for millions of American families would have been changed on the floor that clearly states that the tax cut and, more importantly, for those who or defeated and sent back to be provisions in the bill can only become have made this country what it is changed before it was brought back be- law as part of legislation that will re- today, our elders. fore us. sult in a balanced budget by the year By increasing the earnings limit sen- b 1745 2002. This provision certainly strength- iors can receive, and eliminating the ens the bill and clarifies and reinforces 1993 tax hikes to which they are ex- So today I have urged the President our party’s commitment to balancing posed to, this legislation will serve to to veto that bill, veto that bill because, the budget as well as providing tax re- lift the financial burden of our older while it does offer an important tax lief to the American people. I intend to Americans and will grant them a feel- break to small business people who buy support the rule and H.R. 1215 and urge ing of usefulness and contribution as their own health insurance, that is the support of all of the Members of the continue to produce in the work- something we can do in an hour and a the House. place. half after the veto. As a freshman this year, this past f Ms. MCKINNEY. Mr. Speaker, will fall I also ran on a platform committed the gentleman yield? to reducing the deficit, reducing the WHAT ARE OUR PRIORITIES AS A I am so glad that the gentleman is size of the Federal Government and, ul- SOCIETY? talking about this. timately, balancing the budget, and I The SPEAKER pro tempore. Under a Now I have got a newspaper article think that point of view was shared by previous order of the House, the gen- here from the New York Daily News the majority of the Members of this tleman from Kentucky [Mr. WARD] is where Mr. GINGRICH says, ‘‘I’m against House. recognized for 5 minutes. affirmative action for rich people,’’ and Looking at the bill, H.R. 1215, in an- Mr. WARD. Mr. Speaker, I am proud he was urging the repeal of this tax ticipation of this upcoming vote this to join my Democratic colleagues break. week, as originally reported from the today in speaking out against the pro- Now I am also further reading here committee, it did not contain, in my posed cuts in student loans offered that the exception cleared by the opinion and in the opinion of several under the Republicans’ rescission pack- House leaders was so tightly crafted others who have worked very hard in age. Now let me hasten to point out that, by rearranging the dates in the the past week to bring this language to that I am not saying, as you may have legislation, it hands the break only to the bill, my colleagues, the gentleman heard some Members of the other party Murdoch. from Delaware [Mr. CASTLE] and the say today, that Democrats just want to I ask, ‘‘Can you believe that we were gentleman from Michigan [Mr. UPTON]. tax more. It is not a question of taxing duped just like that?’’ In reviewing that bill it would appear more, it is a question of what is going Mr. WARD. I appreciate the gentle- to us it did not contain the type of to be cut? It is a question of what are woman from Georgia making that safeguards that deficit reduction would our priorities as a society? point because what it shows is that it not take place to passage at the cost of As we have seen in these rescission is business as usual. the promised tax cuts. programs, the priorities that have been I am a freshman Member; the gentle- As a freshman going through one re- reflected in the cuts that have been woman from Georgia is a sophomore scission bill in the past, a month here made are not the priorities that I was Member. We were sent here to do as a Member of the House, I quickly elected to Congress to talk about or to things differently that work. We were began to realize that, faced with the promote. sent here to change things. tough decisions, how difficult it is to I want to mention one thing that is Ms. MCKINNEY. We abolutely were. bring a majority to reducing the size of particularly of concern to me today. Mr. WARD. I yield again. government, to making government This concerns this body, that as a body Ms. MCKINNEY. We were sent here to more cost effective and to bringing we should have a rule, as we did in the change things, but, as it stands, noth- about the deficits that we so direly State of Kentucky where I served in ing is being changed. These people are need to balance the budget. the Legislature, that any conference going too far, the Gingrich revolution We certainly have a responsibility to committee change of a bill has to be has gone too far in the special interests the American people to take the addi- explained on the floor of this House. category, benefiting one person, and I tional step of tying the tax cuts di- What we have seen, ladies and gentle- cannot believe that we began this hun- rectly to the passage of budget rec- men and Mr. Speaker, is a change in a dred days with a discussion about NEWT onciliation legislation that will bal- very simple bill, a simple bill that was GINGRICH and Rupert Murdoch with ance the budget by the year 2002. passed by a wide margin in the House their arms entwined, and now here we I am pleased to say, as well, our lead- and in the other body, but with little are ending this hundred days. What? ership has agreed this requirement in differences. Those differences were With the same discussion, about the this language should be included in the worked out in a conference report. gentleman from Georgia [Mr. GINGRICH] tax bill that we will be voting on this That conference report had the power and Mr. Murdoch with their arms en- week. I would like to take a moment to add things that were never discussed twined again. just to briefly explain what the three in either the House or the other body. Mr. WARD. Mr. Speaker, I thank the provisions of this language are. But with that power what they did in gentlewoman, and the point I want to First and foremost, it assures us that this case was to add one tax break for make is, ‘‘If you’re going to give up there will not be any implementation one very rich individual named Rupert this kind of revenue to the Federal of a tax package that we vote on this April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4151 week unless and until this House later REPUBLICAN TAX CUTS— that folks making over 200 grand a this year puts into place a balanced POLITICIAN’S DREAM year can have an $11,000 tax break? budget or a budget that reflects that The SPEAKER pro tempore. Under a That does not make any sense. we will reach a balance in the year previous order of the House, the gen- Let me yield to my colleague from 2002. It further provides, No. 2, a mech- tleman from Illinois [Mr. DURBIN] is Texas. anism by which we can focus on that recognized for 5 minutes. Ms. JACKSON-LEE. I thank the dis- process each year from now until the Mr. DURBIN. Mr. Speaker, during tinguished gentleman from Illinois year 2002, and in the event we do not the course of the next 24 to 48 hours [Mr. DURBIN], and I think what you reach those deficit reductions antici- there will be an extensive debate on have just highlighted is a lot of smoke pated for each year, each Budget Com- the floor of this House of Representa- and mirrors. I am confused, and I am mittee of the respective Houses of Con- tives about a tax cut bill. Talk about a asking the same question. You know, gress would report to the Congress of politician’s dream, to stand up in front we get labeled a lot, liberals and con- policies and recommendations to get us of the American people and say, ‘‘Guess servatives, conservatives and liberals. back on to that glide path, but, most what? I’ve got a tax cut for you.’’ The idea is to come here and represent the American people. importantly, Congress would then have Mr. Speaker, people applauded. They say, ‘‘You’re the greatest elected offi- I say to the gentleman, You made a to incorporate those policies and rec- cial in the world. How can you be so good point. People are excited about a ommendations in that year’s annual generous and so kind?’’ child tax credit. Do you realize that 40 budget resolution. So there is some Well, there will be some of us who percent of the children getting this tax teeth to this provision that will force will be questioning this tax cut, and credit are the children of the wealthy, the Members in Congress, as a body, to you say, ‘‘Wait a minute. Why would and yet those low income family chil- each year look at the glide path to any politician in his right mind ques- dren will benefit only 3.5 percent? reaching a balanced budget by the year tion the idea of a tax cut? Don’t you Then they talk about the marriage 2002 and to take the necessary actions want to promise people you’re going to penalty. I have had good working peo- to incorporate those provisions into cut their taxes?’’ ple sit in my office, labor folk who that year’s annual budget resolution. Well, of course we do, and there are a work every day. They simply say, The third part of this, I think, is im- lot of deserving people in America who ‘‘Give us a living wage, give us a job. portant because to ensure the respon- should have their taxes cut, but unfor- We’ll work with this country. We just sibility for balancing the budget, as is tunately the Gingrich Republican tax want to send our kids to school. We articulated by all of us here, including cut bill is not a fair bill for this coun- just want to make sure they’ve got a the executive branch, that process try. good meal.’’ And yet, when we think should be shared by both the legisla- First let me tell you this: about the marriage penalty, let me tell tive and the executive branches, and This year we have a $190 billion defi- you what it actually does. cit, $190 billion more that we will spend the third part of the language that will The provision would only help 14 mil- than we take in. This tax cut proposed be included in the tax bill will require lion of the 30 million couples who expe- by the Gingrich Republicans is going to rienced a marriage penalty. In addi- the executive branch annually to sub- add about another $190 billion more to tion, the average benefit is only $145 mit, in addition to his proposed, to the the national debt over the next 5 years, per couple, and the penalty is far more executive’s proposed, balanced—pro- and, over 10 years, $630 billion more to than it is in terms of what we are get- posed budget each year, should it not the national debt. Why are we doing ting as a benefit, and yet the smokes be balanced, the executive branch will this at a time when we are cutting be required by this language, as well, school lunches and other programs be- and screens tell us that we are getting to come up with an alternative budget cause of deficits? Why would the Ging- a great benefit for the American peo- that will reflect how he would or she rich Republicans want to give tax cuts ple. would envision reaching a balanced away and add to the deficit, require us I am wondering, What’s the rush? budget by the year 2002. to cut even deeper into spending for What’s the rush? This does not account for the 1995 taxes. We need to delib- In closing Mr. Speaker, we strongly education and for school lunches? Well, erate and begin to talk about bringing believe that these provisions strength- let me tell you why. down the deficit because we are going en and improve H.R. 1215. In my opin- Take a look at what this tax bill to lose $650 billion in revenue with this ion they will lessen the prospect that does. It tells the whole story. Who is going to get the benefit of this tax cut? kind of tax cut. each Member of Congress, when faced Mr. DURBIN. Let me tell the gentle- with the tough deficit reduction deci- Working Americans? Folks who get up every day, pack the lunch box, punch woman she has hit the nail on the sions that we will have to make later the clock, drop the kids at day care, do head. The reason why there is a rush is on in this year, that each Member of the things you have to do? They will the folks making over a hundred grand Congress will not blink in the bright get a little bit, but look who the real a year are going to need $2,465 in tax lights of those decisions, but rather winners are. Take a look at this chart. breaks under the Gingrich Republican will go forward in making those deci- Who benefits from the Republican tax bill, and the folks over 200 grand, sions, understanding that, in addition bill? 11,000. Well, I want to suggest to you, to the good fiscal policies that this bill Under a $30,000 income, if you happen Let’s make a deal, and here is the deal, will now reflect, there will also be a to have a family, making under $30,000, a bipartisan approach, Democrats and vested interest in the American people your average cut for your family is Republicans together, and here is what to obtain the much needed tax relief $124, $2 and, what, 80 cents a week or I would like to suggest: that they so rightly deserve. We will so? And then take a look. From 30,000 One hundred and six Republicans make tough spending cut decisions be- to 75,000, $760; 75,000 to 100,000 thou- wrote to Speaker GINGRICH and said, fore tax cuts go into effect with this sand, $1,572. Hang on to your hats, ‘‘This is embarrassing. It is embarrass- language included in the bill. folks, when you get over $100,000. From ing to be giving this kind of tax break In closing, Mr. Speaker, this provi- 100,000 to 200,000 the Gingrich Repub- to people at a time when we have a def- sion is good policy and is fully consist- licans want to give you $2,465 in tax icit and we’re cutting school lunches, ent and supportive of the Contract breaks, and the superrich, the privi- student loans.’’ And 106 Republicans with America in providing the nec- leged few over $200,000, $11,000 tax said to the Speaker, ‘‘Why don’t you break, an $11,000 tax break to folks cut it off at $95,000? If the families essary tax relief that the American making over $200,000 a year? making $95,000 or less, let’s give them people so rightly deserve. We will sup- Pardon me; what did I miss here? We the tax break for their kids. Don’t give port the rule and the bill and rec- are in a deficit? We are cutting school it to the superrich, the privileged few.’’ ommend its support by other Members lunches? We are cutting back on stu- Well, those 106 Republicans stood up of Congress. dent loans? We are reducing money for to Speaker GINGRICH. They made a pro- schools and education for our future so posal we can do business with. Let us H 4152 CONGRESSIONAL RECORD — HOUSE April 4, 1995 get Democrats and Republicans to- Mrs. SMITH of Washington. I would SUPER-WEALTHY GAIN AT gether in a bipartisan way helping real be glad to. EXPENSE OF COLLEGE STUDENTS working families. Mr. SAXTON. Mr. Speaker, the gen- The SPEAKER pro tempore (Mr. f tlewoman just made a point that most BILBRAY). Under a previous order of the families that are going to benefit from House, the gentlewoman from Con- DEMOCRATS NEVER SEE A TAX the $500 tax credit are middle class, and necticut [Ms. DELAURO] is recognized CUT THEY LIKE that is, in fact, absolutely correct. This for 5 minutes. chart shows graphically just how that Ms. DELAURO. Mr. Speaker, in the The SPEAKER pro tempore. Under a works out. previous order of the House, the gentle- coming days, pundits and politicos will As a matter of fact, according to this take to the airwaves to grade the Re- woman from Washington [Mrs. SMITH] chart, which comes from the Tax Foun- is recognized for 5 minutes. publican Contract With America and dation, who will get the contract’s $500 the first 100 days of the 104th Congress. Mrs. SMITH of Washington. As my per child tax credit, it shows clearly colleagues know, it does not surprise But, how you grade the Contract With that 85.5 percent of the people who will America all depends on where you’re me that the gentleman from Illinois get the tax credit, the family earns less [Mr. DURBIN] does not believe this is a sitting: than $75,000 a year as the gentlewoman For instance, if you’re a billionaire time for a family tax cut. Until 6 correctly pointed out, and that those months ago, I was not planning to tax evader sitting on a Caribbean beach over $75,000, there are only 12.5 percent somewhere, give the contract an A+, come here. I was a write-in candidate, who will benefit from the tax cut. and I was sent by a blue collar Demo- because Republicans have preserved Mrs. SMITH of Washington. So it the tax loophole that allows you to re- crat district who said, ‘‘We have had it does not go to the rich unless some of with Congress. We’re going to replace nounce your citizenship and avoid pay- us in the middle there are in the rich? ing taxes. the person who is here who has never Mr. SAXTON. I said the families that seen a tax cut she liked either,’’ and And, if you’re a lobbyist or a cor- make $75,000 a year, perhaps the one porate special interest sitting in a they replaced her with me after I had spouse makes $40,000 and the other wood-paneled boardroom, give the Con- passed a measure in our State that said spouse makes $35,000 a year, that to tract an A+, because it eliminates that no more tax increases without a toll of most people today would be considered pesky corporate minimum tax and rolls the people, after we had put our State to be a middle-class family. back health and safety regulations. on a budget of no larger budget in- Mrs. SMITH of Washington. So that But, if you’re a senior citizen sitting creases than population and inflation. family next April when they come in in your New England apartment, the And guess what? They sent us a mes- and have their tax return done, that contract gets a failing grade, because it sage, and they sent us a message be- family is going to get $500 off their cuts your heating assistance for next cause my colleagues who were here on taxes per child. winter. the Democrat side have never in 42 What was the rate? You know, I had If you’re a elementary school student years of being in control seen a middle- heard it but I cannot remember. What sitting down to a reduced-price lunch class tax cut that you liked. was the rate? In 1948 I do know it was in the school cafeteria, the contract Let me tell you my other profession, 2 percent of the family income went to gets a failing grade, because it cuts and I do believe politics can be a good Federal tax. I know it is somewhere school lunch and deprives thousands of profession, we can make it that, my around a quarter now. Do you know children the one balanced meal they other one, though, is preparing tax re- what that is now? get all day. turns and helping people with their tax Mr. SAXTON. Well, on average today And, if you’re Victoria Dunn, a moth- planning. the total amount that government er and college student who I met last takes out of a family’s budget is well b 1800 week, the contract fails you twice. over 40 percent. Victoria, a 37-year-old student who For many years that is what I did for Mrs. SMITH of Washington. And the also has a daughter who is a college a living. Next April, let me tell the Federal takes quite a bit? freshman, came to a student loan families that I worked for and helped Mr. SAXTON. This is an attempt to forum I sponsored on Friday in my dis- plan their taxes what is going to hap- get back to what it was at an earlier trict. She came because Republican pen on their taxes, and it will remove time before inflation eroded the exemp- cuts in student loans threaten both the rhetoric of the percentages and the tion that we have for members of our her’s and her daughter’s education. crud that you have been hearing from family. ‘‘I’m scared to death about this,’’ she the other side. Mrs. SMITH of Washington. Well, told me. ‘‘God forbid this happens and If you have two kids, I am going to you know, I think it is just about I can’t finish my degree. It’s my hope say you got a $1,000 bigger refund be- time—— for my future.’’ cause you got those two kids than Mr. HOKE. Would the gentlewoman In Connecticut, the Republican pro- these folks that have been fighting and yield for one question? posal would increase the cost of a col- giving you all the rhetoric from the Mrs. SMITH of Washington. I would lege education by $4,547 per student. other side. be glad to yield. Nationwide the Republican proposal You pass this tax cut, it is $1,000 in Mr. HOKE. Does not what this chart represents a $13 billion cut that will re- you pocket. You can fix the old car, reflect or prove is the central problem sult in the largest increase in colleges you can take the kids to Disneyland, it that we have got with taxation, and costs in history. That’s an increase is money in the bank if you have two that is this chorus that you hear over that will end the dream of a college de- kids. and over and over which is to say, tax gree for many students in my State. Now, if you have three kids, you get the rich, tax the rich, tax the rich? The Students like Victoria Dunn. $1,500, and you need to also know that problem with it is that there are not How you rate the first 100 days of the most kids are middle class, they are enough rich people to actually make Republican-led Congress, all depends people right in the middle, mom and the difference that they want to make. on your perspective. If you happen to dad are working, they are under The reason that we have a tax burden be a lobbyist, a millionaire, a billion- $100,000. that is strangling this country is be- aire, or a corporate special interest— This rhetoric about it going to the cause there are too many taxes on mid- you’re a winner. But, if you happen to rich means if some rich person happens dle-income working men and women, be a child, a senior citizen, a student or to have a kid, they get $500, too. Now that is the problem. If we could go fur- a middle-class family, unfortunately, let me ask you, if I line up six kids ther, we would. That is the solution in you lose. here, are you going to tell me one of easing the burden on the middle class. I would now like to yield to my col- them is not worth $500 and the other Mrs. SMITH of Washington. That is league from North Carolina, Mrs. CLAY- five are? right. I think when we do it tomorrow TON. Mr. SAXTON. Will the gentlewoman the American people are going to be Mrs. CLAYTON. I thank the gentle- yield to me? tickled. woman from Connecticut for yielding. April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4153 Mr. Speaker, there are winners and Who loses under the plan, Mr. Speaker? ple, and that includes senior citizens. losers in this tax bill. Americans The Federal School Lunch Program, serving So for those two reasons they should should know, making the tax bill fair 25 million children each day; the Women, In- support the bill alone, but there are a to Americans and who wins and who fants, and Children Program, serving 100,000 number of very specific pieces of this loses in that should be reemphasized. I pregnant women and children; and the student legislation that help senior citizens just want to ask the gentlewoman from loan program, serving 41¤2 million students. specifically. Let me identify two of Connecticut, who do you think really Who wins under the plan? them. One is the repeal of the 1993 tax are the big winners in this again? I un- Those who have made billions in America increase of social Security and the derstand that we are saying this is and now renounce their citizenship to avoid other one is raising the earnings limit going to be tax relief all America is taxes; those who have made millions and now on senior citizens. going to benefit from. The gentle- want a tax giveaway on top of profits earned Mr. HOKE. Would the gentleman woman who spoke earlier said that from investments; and those who have made yield for that? when next tax time comes, who will be the most money from those who have the Mr. MILLER of Florida. Yes. the great winners in this? Will it be the least money. Mr. HOKE. The gentleman said there average American who is under the To pay for this tax cut, the Republican ma- were some winners, and the senior citi- $50,000 or will it be those who are work- jority has constructed a series of attacks on zens are the winners under the bill. ing every day trying to send their kids programs that benefit the poor. Have the senior citizens been the losers to school, or will it be the very poor or Most of the money comes from spending in the past year or so? who really will win under this big tax caps and from drastic cuts in public assistance Mr. MILLER of Florida. Yes, seniors break we are going to give by Friday? programs. are always on the losing end. In 1993 Who are the winners under this? Little or none of the money comes from that tax bill increased the tax on So- Ms. DELAURO. Mr. Speaker, it is those with a lot of money. cial Security. Now, I don not know, very clear. I tell the American people We have heard that, ``winning isn't the most this is over $34,000 worth of income. that they need to take a look at the important thing, it's the only thing.'' That is not a wealthy person to me. numbers, not to listen to what we have Under the plan, those who need to win lose They raised the tax on Social Security to say, but it is clear those who make and those who do not need to win prevail. for someone making $34,000 a year. over $200,000 in this country, the rich- In the end, Mr. Speaker, I suppose children, That is not very fair. est 1 or 2 percent in this Nation are seniors, pregnant women, and students will Mr. HOKE. Mr. Speaker, my under- going to get an $11,000 tax break. win. standing is that that cut Social Secu- Those people who are working mid- After all, winning is, ``the only thing.'' rity benefits for senior citizens by $24.8 dle-class families who are making I thank the gentlewoman for yielding. billion. Not a single Republican voted $30,000, $40,000, and $50,000 a year are Ms. DELAURO. I thank the gentlewoman. for that either in the House or the Sen- looking at a pittance in terms of a tax f ate? break. They are looking at $274. Mr. MILLER of Florida. Absolutely. Now, you tell me where that is eq- SENIOR CITIZENS WILL BENEFIT That tax increase in 1993 was a tax in- uity. The other piece of this tax cut FROM THE REPUBLICAN TAX BILL crease to balance the budget and to re- package says to the richest corpora- The SPEAKER pro tempore. Under a duce spending. That thing, our deficit tions in this Nation, let’s repeal the al- previous order of the House, the gen- in this country is getting higher and ternative minimum tax, that floor that tleman from Florida [Mr. MILLER] is higher every year. The solution to solv- you have to pay in taxes to this Nation recognized for 5 minutes. ing our deficit problem is cutting to contribute to the well-being of this Mr. MILLER of Florida. Mr. Speaker, spending, not raising taxes. country, let’s eliminate and you pay the previous speaker talked about who As Ronald Reagan used to say, it is zero taxes to the United States. are the winners in this tax bill that we not that we are taxed too little, we Mrs. CLAYTON. Will the gentle- are voting on tomorrow. Well, let me spend too much. Until we address the woman yield? tell about who are some of the winners, spending side of the equation we are Ms. DELAURO. I would be happy to and those are the senior citizens of this not going to get this deficit under con- yield. country. trol, so raising taxes in 1993 was a Mrs. CLAYTON. Mr. Speaker, also The seniors represent a very large wasted exercise and it was very painful being part of an American is to have portion of my congressional district in for our senior citizens as they are find- equity, and part of it we think the Florida. In fact I have more senior citi- ing out this month of April when they compassion of this American society zens in my congressional district than pay their taxes for 1994. would say that those that are most vul- any other congressional district in the Another thing that is going to be nerable should not have to pay at the country, and this bill has significant really good for seniors, in addition to expense of allowing those who are the benefits for the seniors of our country. the repeal of that tax increase in 1993, very rich, that are schoolchildren, that Let me tell you why. the other is raising the earnings limit are senior citizens, that are veterans. First of all, we hear about the child for senior citizens. This is a penalty on There are people who are paying dearly tax credit and the capital gains. The lower income seniors. If you make over for this tax, in fact we have already seniors would support this tax bill just $11,280 you get taxed at 33 percent of paid for it and we will pay more. for those two reasons alone. For the your Social Security income. Mr. Speaker, tomorrow we will begin debate child tax credit, who knows better the President Clinton campaigned on on the Republican tax cut proposal. cost of raising a child than the senior that issue back in 1992, and we do not At a time when low- and middle-income citizens? It is their children and grand- even hear about it anymore. It is a re- Americans are struggling to make ends meet, children who are raising these kids in gressive tax on working seniors. relief is being given to the rich, while burdens the country today, and they know they Wealthy seniors, they have $100,000 of are being borne by the poor. need that $500 tax credit. So that is one income on interest and dividends and The tax cut plan gives $11,000 to those who reason the seniors will support this stock investments and such, they get make more than $200,000. bill. to draw their Social Security, but a For those who make less than $30,000, the Capital gains. Senior citizens have a working senior citizen, once he makes plan allows a paltry $124. lot to gain from the capital gains. over $11,280 has to pay a 33 percent tax. The plan reduces the capital gains tax to its When seniors retire from up north and That is in effect what he is paying. lowest in 40 years, and gives the richest 1 move to my district in Florida, they That is not fair. percent in America, 20 percent of the tax are selling their small business, they This tax bill repeals that over the breaks. are selling real estate, they are selling next 5 years. This tax relief bill is good A $500 tax credit is available to taxpayers their investments, they are selling for senior citizens, it is paid for by who earn up to $200,000. stocks, and they are moving to Florida. spending reductions, and that is the While cutting taxes for the rich, the plan They are paying capital gains. only way we are going to balance this cuts programs for children, senior citizens, and Mr. Speaker, capital gains affects budget, is when we go after spending college students. real people that are not wealthy peo- reductions. It starts us on the glide H 4154 CONGRESSIONAL RECORD — HOUSE April 4, 1995 path to a balanced budget. Seniors There has been a coalition, the AMT sure all those big companies have a lot know it is a moral issue to balance Working Group, that are companies of workers that depend on them. that budget, and we have got to start that are lobbying to eliminate this al- One of the things that my friend working on it sometime. Tomorrow is ternative minimum tax provision. We from New York did not say is that the day that we can cast our vote to can see why. Almost every one of them what the alternative minimum tax re- move in balancing that budget. in the 3-year period 1982 to 1985 paid peal does is to make it easier for these not a little bit of taxes, but no taxes companies to do business. Studies show f for some point in time, for 1 of those conclusively that 42 cents out of every b 1815 years, 2 of those years, up to 4 of those dollar that we give back to a corpora- years. It is 4 years. tion in taxes goes directly to the work- ELIMINATION OF ALTERNATIVE So my colleagues, let us not pass a ers in salaries, more workers, and high- MINIMUM TAX tax bill that benefits the wealthiest er salaries. So the repeal of the alter- corporations. Let us not pass a tax bill The SPEAKER pro tempore (Mr. native minimum tax is not such a bad that gives such a high proportion of way to go to make things better for ev- BILBRAY). Under a previous order of the the money to corporations and then House, the gentleman from New York erybody. cut money for the students on loans, As a matter of fact, that is what the [Mr. SCHUMER] is recognized for 5 min- cut money for the kids on lunches. Republican tax package is about: To utes. What kind of contrast is that? Who is Mr. SCHUMER. Mr. Speaker, we are make things better for everybody. It is the Republican party representing? patterned, believe it or not, after some- going to be voting on this tax bill and This was not in the contract. Every one there are some parts of it that I think thing John Kennedy said years ago of you who signed that contract talked when he said, ‘‘A rising tide lifts all are good and that I will support. Cer- about a $500 credit for children. Mobil tainly the parts on the senior citizen boats.’’ It is true. This is a growth-ori- does not have any children, yet they ented tax package and the alternative taxation is something I have always are getting a tax reduction. Texas Util- supported, but there are lots of things minimum tax provision is part of that ities does not have any children. growth package. in the tax bill that I think would make So this is the wave of the future, I the American people’s hair stand on Mrs. SMITH of Washington. Would am afraid to say, my colleagues. Once the gentleman from New Jersey [Mr. edge if they knew. These are not the the contract is over, the contract some things the Republicans are getting up SAXTON] yield? of us did not like parts of it, some Mr. SAXTON. I will yield to my col- and talking about, but they are things parts I supported, but once the con- that are things for their buddies. The league, the gentlewoman from Wash- tract was a restraining thing for our ington [Mrs. SMITH]. worst of them all is the elimination of colleagues on the other side, business alternative minimum tax. Mrs. SMITH of Washington. I want to and the wealthiest of businesses are ask you a question, but I want to say Let me tell you why I feel strongly going to run rampant. about this. In 1986 Congressman Marty something first. I remember why I got Now, I like these businesses, frankly. into politics. I just was sitting here Russo—who is no longer in Congress— I think they are good for America. I and I proposed an alternative minimum thinking they doubled my taxes in one think they employ people, but I like year on my small business. Had more tax. Until that point, some of the big- the average American a little bit more. gest corporations in America were pay- than 125 people. They doubled them. If the average American has to pay And in our State we have a business ing no taxes at all. Imagine how the taxes, why should not our biggest com- average working stiff felt. He or she and occupation tax. That means you panies? can have no profit like these compa- worked hard, paid 5,000, 6,000, 7,000 and That is our message. It is very sim- nies, and the government still taxes 8,000 bucks in taxes and the companies ple. You do not see them talking about you. So you can end up with a net in America like Mobile, like Ford, like that in lights, but you can be sure in nothing, and the government gets Champion International, like UniCal, the corporate boardrooms tonight and theirs. They skim off the top always, like Shell, like Scott Paper, like Phil- tomorrow night and after the tax bill just like the minimum tax. Always, al- lips Petroleum paid not a smaller per- passes, they are going to be congratu- ways. centage of taxes but less dollars. They lating each other, having put one over In the early 1980’s, I was losing paid no taxes at all because they had on the American people and repealing money. At the same time, we had this the ability to hire the accountants and the Schumer-Russo alternative mini- business and occupation tax, which was the lawyers and pay none. mum tax. Mr. Speaker, we stopped that. We did a gross tax. It was gross in many ways. not say they had to pay more taxes f I laid off two people. I got mad. Folks, then the average American but we said I was a Democrat, 30-some-year Demo- they ought to pay a minimum of 25 per- ALTERNATIVE MINIMUM TAX RE- crat, adamant Democrat. cent, no matter how many lawyers or PEAL PART OF GROWTH PACK- I got a book on how to campaign. The accountants or loopholes they were AGE guy was a Democrat that had voted for able to employ. The SPEAKER pro tempore. Under a the taxes raised, and I defeated him, Now, quietly, almost whispered, the previous order of the House, the gen- too, and I think about that. Republicans have decided in this tax tleman from New Jersey [Mr. SAXTON] You have to stop thinking that every bill to repeal that and so the good old is recognized for 5 minutes. time you turn around it is better to days, at least they think they are the Mr. SAXTON. Mr. Speaker, the gen- tax. Because I lost two jobs, and I good old days, when major corpora- tleman from New York [Mr. SCHUMER], think, ‘‘Isn’t that what we are talking tions paid no taxes at all will return. It my good friend, and I work about as about, job creation in most of this? is a disgrace. well together as a Democrat and a Re- Don’t most dividends that you get from Mr. Speaker, here at the same time publican who come from different ends stocks, I think I pay tax on all the we are telling students they ought to of the political spectrum can work. dividends I get from stock, isn’t that pay more for their loans. We are telling I would just like to say to the gen- tax, too? Aren’t they getting their tax Medicare recipients that they ought to tleman that I appreciate the things out of these corporations?’’ get less back and pay more. We are that he just said about the alternative Mr. SAXTON. Well, it is tax. telling kids on school lunches there minimum tax and the companies that I would say to the gentlewoman when may not be enough money for them. he referred to. He mentioned that they I was chairman of the working group We are telling Champion and Chrysler do not have children and I guess that is that put the growth part of our tax and Dow and Ford and Mobil and Scott true, but I will tell you what. They package together during the summer of and Shell and Texaco, some of the big- have a lot of workers. Mobil has a lot last year and we identified a number of gest companies in America, ‘‘You can of workers and Ford has a lot of work- issues that we thought needed to be go back to the good old days when you ers and Chrysler has a lot of workers. I changed and had broad agreement, for paid no taxes.’’ cannot really read the whole list. I am example, the capital gains tax, which April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4155 was increased in 1986 from 20 to 28 per- different from the rate at which infla- b 1830 cent, statistics show again, conclu- tion has gone up. Mr. Speaker, the idea that you can sively, that not only did it not raise People’s income, for people who are increase revenues was very thoroughly the money that CBO said it would relatively low- and middle-income debunked in the 1980’s, when tax reduc- raise, but it acted as a wet blanket on folks down here at the left side of the tions were given and when the deficits the expansion of business. And that is chart, has actually been going up slow- went right through the ceiling during what caught up with us beginning in er than inflation for that 15 years, and that period. And during a 12-year pe- 1988. so the broad middle class in here has riod we saw more than a quadrupling of One of the red herrings that is seen their incomes erode for a long pe- our national debt, with deficits year brought by our friends on the Demo- riod of time. The very high-income after year that ran between $200 and crat side is that the rich get all the people in the top 20 percent, these $350 billion per year, that economically breaks from the capital gains. As the rightmost two bars representing the have brought us to the sorry state that gentlewoman knows, who prepared top 10 and the next 10 percent of all we are presently in. taxes for people and businesses for people’s incomes in this country, they But in any case, no economists agree years, and as this chart shows, 38.4 per- have seen their incomes in that 15 that we should be doing this kind of cent of the distribution of capital gains years go up considerably faster than tax break. realizations, 38 percent of the money inflation and have done pretty well in Now, let us look at the tax break from capital gains comes from people that period of time. that is going to be given, though, given under $50,000. So 38 percent of the tax So we have heard, theretofore, a that we might want to do something break comes for people who make less great deal about a middle-class tax cut for people in this lower area, this left than $50,000. That is the biggest single in order to give people down in this re- hand area who are middle-class people group of people who will benefit from gion, which the middle of the American and whose incomes have been going the capital gains tax cut. citizenry falls right in this region, who down hill in the last few years. Of course, 22.4 percent make between have lost a little bit in the last 15 years I am going to show a second chart 50 and 100. When you get to $100,000 to certainly, and those who are in the here which shows where the actual tax $200,000, which I consider a pretty good lower middle class and those who are benefits under the contract that we are salary, it is only 13.8 percent of the going to be starting to debate tomor- people who pay capital gains there and low-income working people and down there have all seen their incomes go row will fall. This is a little different 25,4 percent who make over $200,000. from the chart that some others of my So by far and away the benefits here down, and so indeed they should be very anxious. colleagues have been showing because are for people who are in the modest it is trying to show what happens while income category. Well, so what do we have now coming up? We are going to be starting debate we are in the phase-in period in the This is another issue here on this next 5 years, rather than the out years. chart that has been, I think, on a $190 billion tax bill. By the way, there is not a single economist who During that phase-in period, more mischaracterized by the other side of than 50 percent of all the tax break the aisle, the distribution of the $500 came before the Committee on the Budget in all of our hearings yet this would go to the highest income, two per child tax credit. We had this chart groups here, and those are exactly, of year who suggested that we should be up here a few minutes ago when some- course, the people who fall in these two giving a tax cut of this sort when we body else was speaking, and it shows categories out here who have done the are running the kinds of deficits, when clearly that 87.5 percent of the people best during the 1980’s. More than 50 we are running 200—— who will benefit from this, the families percent of all the tax break occurs Mr. KINGSTON. Would the gen- earn less than $75,000 a year. there. tleman yield? f Mr. OLVER. No, I do not have time f MIDDLE-CLASS TAX CUT to yield. ON THE TAX BILL Mr. KINGSTON. I will give you a The SPEAKER pro tempore. Under a The SPEAKER pro tempore (Mr. minute of my time when it is my turn. previous order of the House, the gen- BILBRAY). Under a previous order of the Mr. OLVER. Fine. I will yield if you tleman from Massachusetts [Mr. House, the gentleman from Michigan would take less than a minute so I will OLVER] is recognized for 5 minutes. [Mr. SMITH] is recognized for 5 minutes. not lose any of my time. Mr. OLVER. Mr. Speaker, I think Mr. SMITH of Michigan. Mr. Speak- Mr. KINGSTON. We will time it. that the discussion here that has been er, just to continue with those charts, going on really is most appropriate be- I have a chart here. I do not know if the first chart, this is the tax cut for cause tomorrow we are going to be you have seen it, but what this one working-class families. For those fami- talking about the beginning of the de- shows clearly is that a lower tax rate lies earning less than $25 thousand, bate on the middle-class tax cut. actually increases revenue to the Fed- there is 100 percent tax cut. For those We have all heard a great deal about eral budget and also that the eco- families earning less than $30,000, a 48 the middle-class tax cut over the last nomic—— percent tax cut. For those less than couple of years, and the reason why we Mr. OLVER. Lower tax break. $45,000 a 21 percent tax cut. have been talking about a middle-class Mr. KINGSTON. A lower tax rate in- You see the tax cut continues to go tax cut is that the middle class really creases revenue to the Federal budget. way down. Those families with over a is very anxious. Mr. OLVER. If I may reclaim my $200,000 income only have a 2-percent Jobs have been insecure for a number time, I think that I am not sure ex- tax cut. So it must be tremendously of years, for quite a few years. The cost actly where that chart is from. It is frustrating for people to look at one of health care in the last 15 years has hard for me to see it, but we tried that side of the aisle and then the other side gone up by an enormous amount. The economics. It was called voodoo eco- of the aisle as we go through these cost of educating your college-age kids nomics by the gentleman who was later charts. has gone up tremendously, much faster the President of the United States and But if you look at what is going to than inflation. who had served as Vice President under happen in terms of the tax day. You In sum total, I think it can be sum- President Reagan. know, the tax day is how much of the marized in this chart, which shows Mr. KINGSTON. Was that John F. year you have to work so that work what has happened over the last 15 Kennedy? I see that this goes back to and that effort goes to the Federal years or thereabouts, or at least the 15 1960. Government to pay taxes. Currently, it years from 1979 to 1993 when for dif- Mr. OLVER. Mr. Speaker, is this my is June 4. Under the budget proposal ferent parts of the electorate, different time or not my time? that was submitted by this president, parts of the citizenry and the elector- The SPEAKER pro tempore. The gen- that tax day increases to June 7. ate, of course, the rate at which peo- tleman from Massachusetts has the Under this tax proposal that we are ple’s income has gone up has been very time. going to be considering for the next 2 H 4156 CONGRESSIONAL RECORD — HOUSE April 4, 1995 days, it goes back to May 26 and, my nesses can pay taxes to send to Wash- we are learning more and more about colleagues, it even should be earlier ington for the politicians to spend. the very intimate relationship between than May 26. Mr. SMITH of Michigan. Yes, and I many special interest lobbyists in There has been suggestions that the think the important point is, we can- Washington and the drafting of legisla- tax breaks go to big business. With all not place our businesses at a competi- tion being brought to the floor by the due respect, I suggest to you, Mr. tive disadvantage with other busi- new majority party, despite their pro- Speaker, that taxes placed on business nesses in the world. We have got to en- tests about a new way of doing busi- are passed on in the price of their prod- courage them to buy the equipment ness, makes it all the more understand- ucts. Right now between the regula- and machinery that is going to make able why we had such a hard time at tions and the taxes that we charge their employees more efficient. If you the beginning of the session getting business, they are paying every year put good tools in the hands of our them to take seriously the efforts that $750 billion. That is twice the amount workers, they are going to outproduce many Members on our side were trying that you are paying on increased costs anybody on Earth. And we have got to to make to take up gift and lobbying of the goods and services you buy com- have a tax system that encourages that reform. pared to what you spend in your tax action by business. I wish we would not be having these bill. It is bad enough, in the next cou- Mr. KINGSTON. Mr. Speaker, will kinds of pie charts and demonstrations ple weeks, as you sit down and figures the gentleman yield? of exactly who gets the benefits from out your tax bill of what you have to Mr. SMITH of Michigan. I yield to these tax breaks, if some of the very pay this Federal Government to oper- the gentleman from Georgia. well-intended moderate Members on ate its huge, overzealous, overbloated Mr. KINGSTON. I was on the board of the majority side of the aisle had been government, but just think for a directors of a corporation before I more successful in getting their leader- minute the price, increased price that came here. I know from talking to ship to pay attention to the inequities you pay for the products in this coun- other business people that generally in this bill. try because of the regulations that cost you decide how much profit you are Mr. SAWYER. Mr. Speaker, will the $500 billion a year to that business that going to make. Everything else is over- gentleman yield? they pass on to you in increased costs head, your payroll, taxes, everything Mr. SKAGGS. I yield to the gen- of their products, to the additional $250 else. I think you can successfully argue tleman from Ohio. billion that we change those businesses that corporations are not going to pay Mr. SAWYER. Mr. Speaker, I rise be- in taxes. taxes regardless of what the rate is be- cause in fact as we are doing this, we If they are not successful in passing cause it is a pass-through cost, just as are taking, in order to finance these it onto you and I, the consumers of this the gentleman from New Jersey and kinds of tax breaks, at least $13 billion country, then they go out of business. you have said. It all goes back to the from the pockets of Americans who are So I guarantee you, they price on that consumer so we are just playing games trying to send their kids to school, to product. when we say it is corporations. higher education. I would not raise this Let me show you what we are doing Mr. SMITH of Michigan. It is a hid- except for the fact that we have been to business in this country on taxes. On den tax. here before. the far-right column, you see in the f This Nation a century ago made a United States we charge our business fundamental decision, when we looked on our capital gains tax rate the mar- EFFECTS OF THE TAX CUT around the country and we saw 200 in- ginal rate is 28 percent. You compare The SPEAKER pro tempore. Under a stitutions of higher education largely that to France, it is 18 percent; Ger- previous order of the House, the gen- for the sons of the very wealthy in this many totally exempts their businesses; tleman from Colorado [Mr. SKAGGS] is country and we saw the railroads ex- Japan is down to 20 percent; U.K. ex- recognized for 5 minutes. panding westward, we said that in empts the first 5,500 pounds and after Mr. SKAGGS. Mr. Speaker, we are order to build a nation as fast as we are that charges 40 percent. now into the home stretch, I think to expanding, we need to elevate our We are overtaxing our businesses. We the relief of Members on both sides of skills. And so we took from some of are losing businesses that, No. 1, go out the aisle, the home stretch of the 100 those expanding railroads and we in- of business; that, No. 2, decide to go to days. And as has been announced by vested those dollars in the largest sin- another country to operate. We cannot the Speaker, we are able this week to gle expansion of higher education this continue to place our businesses at a appreciate in all of its glory the crown Nation has ever seen. competitive disadvantage with what jewel of the contract, the tax bill that It did not quit even until today. And other countries in the world are doing. the Members of the Republican Party with it we have created the skills that I request my colleagues to look at are going to bring to the floor later have defined the American century. this tax bill of what is good for busi- this week. Today we run the risk of reversing ness and jobs. I think it is important for the coun- that decision, of giving back those dol- Mr. SAXTON. Mr. Speaker, will the try to understand in this week in which lars to those corporations in ways that gentleman yield? we are finally able to pull all of this to- they may not need and absolutely de- Mr. SMITH of Michigan. I yield to gether to understand who are the win- priving Americans from the chance to the gentleman from New Jersey. ners and who are the losers in this en- continue, at a time when it has never Mr. SAXTON. I just want to be recog- tire contract exercise. been more important, the increasingly nized to ask the gentleman a question. Particularly with regard to the tax important effort to raise job opportuni- And that is, as you pointed out, cor- bill, we should be under absolutely no ties and standard of living with the rectly, our capital gains tax rate is illusions that this bill certainly fulfills ability to bring skills to the American high. Mr. SCHUMER was just talking the promises that have been made over workplace. We have been here before, about the alternative minimum tax. the months and years by the GOP to its Mr. Speaker. When corporations or businesses are supporters. That distribution is accu- Mr. HOKE. Mr. Speaker, will the gen- charged these taxes, how do they re- rately reflected in the chart here to my tleman yield? coup the money that they have sent to right. Mr. SKAGGS. I yield to the gen- the Government? Where do they get About half of the benefit from this tleman from Ohio. the money to send down here to Wash- tax legislation will go to the top 10 per- Mr. HOKE. Here is my question for ington, DC for the politicians to spend? cent in this country, about a five-to- you—— Mr. SMITH of Michigan. They in- one return. The Wealthiest 5 percent Mr. SAWYER. I was in the middle of crease their price of toys and tooth- get about a 7-to-1 return, getting about a sentence, but that is all right. brushes and automobiles and every- over a third of the benefits of this tax Mr. HOKE. Mr. Speaker, I apologize thing else. The only thing that that legislation. The wealthiest 1 percent, a to the gentleman. business can do is pass on that cost. 20-to-1 return. Mr. SAWYER. The fact of the matter Mr. SAXTON. It is the consumer that I am sure that this nice return on in- is that today, the fundamental ends up paying higher prices so busi- vestment was made possible in part, as underpinnings of Federal aid to higher April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4157 education in the form of Stafford Inter- from, and I want to give him back his He goes on to say ‘‘Our tax rates are est-Deferred Loans, Perkins Student minute, if he will take it quickly. so high as to weaken the very essence Loans, College Work-Study programs If not, I yield to the gentleman from of the progress of a free society, the in- and Supplemental Education Oppor- Georgia [Mr. KINGSTON] while the gen- centive for additional return, for addi- tunity Grants are really the equivalent tleman from Massachusetts is moving tional effort.’’ Then he says ‘‘I am con- today of what those land grant colleges to the microphone. fident that the enactment of the right were 100 years ago. In order to sustain Mr. KINGSTON. Mr. Speaker, it is tax bill will in due course increase our that growth into the next century that important for us to realize that lower gross national product by several times we developed in this century, in order taxes, specifically lower capital gains the amount of taxes actually cut.’’ to have the kind of productive leader- taxes, increase revenue, and that does Who was this unrepentant supply- ship that has defined the American era, not come from the Republican Party, it sider? Who was it? Jack Kennedy. That in order to extend that American era comes from the Congressional Budget is who it was. He knew that by reduc- into the leadership of a redefined Office. A young fellow named Steve ing tax rates, you increase revenue. world, it seems to me that the last Robinson and I spent the whole day f thing we need to do is to take those $13 tracking this. billion out of Americans’ pockets and THE TRUTH ABOUT THE BUDGET This chart is busy, and it is very dif- AND TAX CUTS to give them back in the form of tax ficult to see it, but generally what it breaks that we do not need. shows is, remember back in high school The SPEAKER pro tempore. Under a f sines and cosines and that go like this: previous order of the House, the gentle- woman from Texas [Ms. JACKSON-LEE] DISCUSSION OF THE TAX BILL Basically when the tax revenue is high, the capital gains tax is high, and let’s is recognized for 5 minutes. The SPEAKER pro tempore. Under a say the capital gains tax is low, it goes Ms. JACKSON-LEE. Mr. Speaker, I previous order of the House, the gen- like a wave, then the tax revenues are am really taking the time because I tleman from Ohio [Mr. HOKE] is recog- the same thing. think that, beyond the comments nized for 5 minutes. about jewels and gold and crowns, we At a high tax rate, the revenues are Mr. HOKE. The question that I want- have a very important obligation to low. At a low tax rate, the revenues are ed to ask the gentleman was if he was the American people really to take our high. It goes like that. There is an ab- aware that 39.2 percent of all Federal reasonable time to be reasonable, to let solute relationship between the two. It income tax paid is paid for by only 3.3 you understand the facts. percent of the taxpayers, the top 3.3 is not voodoo economics. This actually I know there have been a lot of cross percent of taxpayers pay 40 percent of goes back to—— signals, a lot of rebutting of what the the taxes? Mr. HOKE. What you are saying is tax cut really means, but I would sim- That being the case, the numbers there is a direct correlation between ply like to suggest that all of us of rea- that you quote there, they are, you raising rates and lowering revenue, soned mind can argue about Social Se- know, made to appear, and I do not lowering rates and raising revenue? curity and the exemptions that may be know if the numbers are right on the Mr. KINGSTON. That is exactly proposed in this particular tax legisla- floor. You know on the floor we see all right. That is the point I was trying to tion, and the value of it. kinds of stuff and people make aver- make. My question becomes: What is the ments that God only knows if they are Mr. HOKE. Mr. Speaker, I yield to rush? Because as we look at what can true or not, but I will assume your the gentleman from Massachusetts help senior citizens, and I certainly chart is correct. [Mr. OLVER]. have supported programs to improve It only stands to reason that the peo- Mr. OLVER. Mr. Speaker, I thank the conditions of senior citizens, and to ple making more money are going to the gentleman for yielding to me. ensure that the maximum income that get more dollars back when you con- I’m not sure how many economists or they may earn as working senior citi- sider the fact that you have got 3.3 per- how many economics books would zens goes into the maintenance of their cent of all returns, all individuals pay- agree that there is a direct proportion quality of life, but that is not really ing income tax paying 40 percent of the of the nature that you have just de- the issue. We’ve got a murky water taxes. This is the way, this is the way scribed. I do not think there are very here, muddy waters, if you might. our system works. many of them that do. First of all, no one will acknowledge The problem is that we do not have However, it is clear that what is hap- that the revenue being reduced by this enough people at the top, if you tax pening here is that $15 billion, for in- tax cut, without the Democratic alter- them completely, if you leave them stance, of the elimination of the tax, native, is some $650 billion over 10 with just a, you know, a minimum the alternate minimum tax on corpora- years. Many of you would listen to that wage, it still does not solve our deficit tions, which you would give back $15 number and begin to say ‘‘Well, it’s problem. billion to corporations, would be taken way beyond my comprehension.’’ What has happened is that we have by the Republican proposals as $15 bil- What is not beyond your comprehen- year after year after year continually lion directly from financial aid for sion, however, is the necessity for me eroded to a greater extent the amount American students, who really do cut to assure you that your grandchildren of money that is being paid by middle- across the middle class in this country. will not have a deficit so overwhelming class working American men and Mr. HOKE. Mr. Speaker, I am going that they will have no quality of life. women. That is the problem we have in to reclaim my time. It does not answer The importance when I speak to our tax system. the question, and frankly, that working people in my district, they are Mr. SKAGGS. Mr. Speaker, will the disinforms, it confuses the public. In a true Americans, they are patriots, be- gentleman yield? word, being polite, it fogs the facts, at cause they believe in this Nation. They Mr. HOKE. I yield to the gentleman the very least. want us to be prepared militarily. They from Colorado. Mr. Speaker, I want to quote a very want to have the opportunities for af- famous American, and I’m not going to fordable housing for their citizens. b 1845 say who it is, but I want to quote some They want to make sure that those Mr. SKAGGS. I think the gentle- of the things that he said in the not young people seeking an opportunity man’s point begs the question. One, are very distant past at all. can do work study and college loans, we doing deficit reduction? We are not. First of all, he had said ‘‘Our present but yet, rather than giving them those The tax bill, as the gentleman knows, system exerts too heavy a drag on opportunities, we are burdening them is going to bust the deficit. growth. It siphons out of the private with a deficit that is so overwhelming Mr. HOKE. Mr. Speaker, reclaiming economy too large a share of personal it is incomprehensible. my time, I want to recognize the gen- and business purchasing power. It re- Let me explain to you again, as I had tleman from Massachusetts [Mr. duces the financial incentives for per- the opportunity to talk to the gen- OLVER], who my good friend from Geor- sonal effort, investment, and risk-tak- tleman from Illinois, I like the idea of gia [Mr. KINGSTON], borrowed a minute ing.’’ a child tax credit, because every child H 4158 CONGRESSIONAL RECORD — HOUSE April 4, 1995 is worthy, but now we are knocking THE DIFFERENCE BETWEEN Let me give some very important heads with the rich children and the REPUBLICANS AND DEMOCRATS statistics which I really wish you all poor children, for most of the tax cred- The SPEAKER pro tempore. Under a would, and I will promise you, any of it goes to families way beyond your previous order of the House, the gen- your Democrats or any of your con- stituents that would call my office, I imagination in terms of income. tleman from Georgia [Mr. KINGSTON] is Those people that are at the lowest recognized for 5 minutes. will give you a copy of these charts, and I will explain it to you. Let me tell income level, who do pay taxes, they Mr. KINGSTON. Mr. Speaker, if we you what these numbers show. When only bear 3.5 percent of the benefit of a could sum up what we have been hear- taxes are high, growth goes down. child tax credit. Twenty-four million ing for the last hour on the floor of the When growth goes down, the deficit in- children in this Nation would not re- House, I think you could just say creases. If growth and revenue in- ceive any benefit from the tax credit. Democrats love taxes. Republicans crease, the deficit is lowered. What that means simply is we are hate taxes. Democrats love big govern- This is not just JACK KINGSTON and ment. Republicans hate big govern- knocking heads with rich children and the gentleman from Georgia, NEWT poor children. As far as I am con- ment. Democrats love the public sec- GINGRICH, and the Republican Party, cerned, all children are worthy, and tor. Republicans like the private sec- this comes from the Joint Economic there should be an applicable tax credit tor. Committee, which as you know, is Sen- that goes across the line. I won’t venture to say that maybe ate and House Members chaired by, I Then the smoke and mirrors that I Democrats seem to love poor children believe, the Committee on Ways and talked about earlier, because all of the and hate rich children, but there does Means Members, the gentleman from married couples are running to their seem to be, in the Democrat mindset, a Florida, Mr. GIBBONS on this side, and tax preparers, shouting about the mar- distinction between a rich child and a Mr. MOYNIHAN on the Senate side. riage penalty. I believe in family. We poor child, as opposed to loving all They say ‘‘As these increases in pro- should affirm family. It is important children equally. ductivity, brought about by lower Let us get back to the tax issues. I that we ensure that people do the right taxes and economic growth, accumu- think the reason why the Democrats thing, and that is to be married. late over time, a gradual expansion of are gripping this tax so hard is because But yet this particular tax benefit, in taxable income base generates addi- they love taxes. We are taking taxes tional tax revenues.’’ This is straight quotes, again the smoke and mirrors away from them. You don’t mess with from here. game, only provides an average maxi- their toys. They don’t like that. So Ms. JACKSON-LEE. Mr. Speaker, mum benefit of $145 per couple, which what do we have? will the gentleman yield just for a mo- is less than the current marriage pen- Ms. JACKSON-LEE. Mr. Speaker, ment? alty. The average marriage penalty for will the gentleman yield? Mr. KINGSTON. I yield to the gentle- couples earning between $30,000 to Mr. KINGSTON. Certainly. woman from Texas $40,000 is $260, and $1,540 for couples Ms. JACKSON-LEE. Mr. Speaker, I Ms. JACKSON-LEE. I say to the gen- earning between $75,000 and $100,000. appreciate the dialog the gentleman is tleman, I, too, applaud excellence. Wouldn’t we be better suited to tell raising. That is why we must give to those who you the truth, and tell you that it is Mr. KINGSTON. I’m going to yield are making $30,000 and $35,000 a year, more important to invest in your quickly. Don’t make a speech on my who are working as hard but are yet young people, for them to have college time. not getting the tax benefits. loans and work study programs; that Ms. JACKSON-LEE. I fully appre- Mr. KINGSTON. Reclaiming my we want to ensure that school lunches ciate the comments you have made. time, I will be glad to yield when we are maintained; and yes, we want to in- My question becomes, however, if get back on your time schedule. fuse energy into the economy, so that you tax credit falls in a greater per- Ms. JACKSON-LEE. We must realize you will have jobs? centage to the higher income persons that the taxes in this country are low. I certainly believe that we must of this Nation, and none of us will talk Mr. KINGSTON. Mr. Speaker, I want begin to look seriously at making sure about children, and does not equally to say to the gentlewoman, and learned, and one of the more intel- that the economy is such that you will benefit those working families who have children in the lower income ligent Members on the Democrat side, want to invest and buy businesses and rungs, would you not think out of this surely you know the wisdom of the transfer property. We have to support logic that this is a tax credit for the chart shown here earlier, saying the that. That is the true American dream. rich? bulk of the tax returns go to people However, let me tell you what hap- Mr. KINGSTON. Reclaiming my who make under $75,000 a year. What pens to this present tax break. For time, Mr. Speaker, I guess one of the could be better for the middle class? someone earning under $75,000, oh, you big differences in Democrats and Re- It was your President who promised think you are going to get a big lump publicans is we are not afraid of the middle-class tax cut. We are just of money. It will only buy you a couple achievement. You know, if somebody the party who happens to be keeping of tanks of gas for the family car. You pulls themselves up and they start out its feet to the fire on it. Welfare re- only average $36 a month. of school, and maybe they go to college form, let’s end welfare reform as we I have been in local government and and maybe they don’t, maybe they know it. The President forgot about I have had taxpayers say ‘‘The heck serve in the military, maybe they that, but we are going to help him out with that. I want good parks. I want don’t, but they get a job, and the man with it. The balanced budget amend- police. I want fire persons to come to and woman hang together and become ment, we are going to help him out. the serious crises, the fires, in the nec- a family, and they move up into an in- The line-item veto, no mention of it for essary time.’’ Citizens of America be- come bracket, well, I don’t think it is 2 years, but we are going to help him lieve in government, if it does the right right to suddenly say ‘‘Ha, your child is out. thing, but $36 a month, a couple of now not worth any money anymore.’’ Mr. DOYLE. Mr. Speaker, will the tanks of gas, and then we cut at the I say ‘‘Go for it. We want that gentleman yield? very fabric of what we need to ensure achievement.’’ I know a lot of govern- Mr. KINGSTON. I yield to the gen- that we are good governments. ment bureaucracies which are affinity tleman from Pennsylvania, but you What does a $200,000 a year person groups to the Democrat party want have been not been yielding to us, and more dependents. They tend to fight I hope you will yield back when you get? Cadillacs, Mercedes, and BMWs. success. We want to nurture success. have the time. Let us have the truth be told about We want to say ‘‘Go all the way to the Mr. DOYLE. Mr. Speaker, a quick this tax cut. Let us tell the American top.’’ That is why we want to return, question. You made the statement that people the real truth and get rid of the and not even return, just don’t take it when we have tax cuts, that that smoke and mirrors. Let us work to- away to begin with, people’s tax dollars causes growth in revenues to the Fed- gether to get a better tax cut. from them. eral Government and helps lower the April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4159 deficit. I would just ask the gentleman, years of $500 tax credits to make it up. ‘‘Don’t give me a tax break. Put it all back in the 1980’s when we had three I know. My children are 10 and 13. I do in education. Let’s give this country a tax cuts, I guess the same would hold not have 21 years to save up that future.’’ true back then? money at that rate. f Mr. KINGSTON. Taking back my I heard the Speaker say that we time, absolutely. In 1980, the total rev- should be a country of excellence, we REPORT ON RESOLUTION PROVID- enue is $500,000. By 1990, it is $8 trillion. should be a country that rewards those ING FOR CONSIDERATION OF Mr. DOYLE. How do you explain the who work hard and try to get ahead, H.R. 1215, CONTRACT WITH AMER- deficit going from $1 trillion to $4 tril- and I think back on my own life and ICA TAX RELIEF ACT OF 1995 lion during that same time? The deficit the opportunities that this country Mr. SOLOMON, from the Committee quadrupled in that time. gave to me. on Rules, submitted a privileged report f I worked the night shift in a factory (Rept. No. 104–100) on the resolution (H. in my last year in high school. My par- Res. 128) providing for consideration of THE REPUBLICANS’ PROPOSED ents were working people, they were BUDGET WILL SEVERELY UN- the bill (H.R. 1215) to amend the Inter- great people, but they did not have a nal Revenue Code of 1986 to strengthen DERCUT THE OPPORTUNITY FOR lot of money. We just barely made ends the American family and create jobs, AMERICA’S CHILDREN TO AT- meet. Through working and through which was referred to the House Cal- TEND COLLEGE student loans and through scholar- endar and ordered to be printed. The SPEAKER pro tempore. Under a ships, I was able to go to college and I previous order of the House, the gentle- was able to have a part of America that f woman from California [Ms. LOFGREN] I would not have had otherwise. H.R. 1215, TAX FAIRNESS AND I remember several years ago I was is recognized for 5 minutes. DEFICIT REDUCTION ACT Ms. LOFGREN. Mr. Speaker, I don’t out visiting Overfelt High School in have a chart about tax cuts, and I do east San Jose, an area that educates The SPEAKER pro tempore (Mr. not plan to give a talk about tax cuts the children of blue-collar families, HOKE). Under a previous order of the specifically, today, except that we have working families, and I gave a talk to House, the gentleman from Kentucky talked a lot about the need to help the three combined classes and encouraged [Mr. BUNNING] is recognized for 5 min- middle class, and there is a big argu- them to get A’s in school and look utes. ment on whether this tax cut really ahead and go to college, and then I left. Mr. BUNNING. Mr. Speaker, I want helps the middle class or just the About 2 years later, I was invited back to extend my thanks to all the Mem- wealthy. and I was talking to the students and bers who have worked so hard on Con- Mr. Speaker, I would like to talk afterwards a young girl came up to me gress’ contract with senior citizens— about something that really is impor- and she said, ‘‘You changed my life.’’ I our commitment to bring economic eq- tant to the middle class and to the was shocked. I did not remember her. uity to the older generations of Ameri- working families of this country. That She said, ‘‘You told me I could go to cans. is the chance to make sure that your college and not to worry about how to Serving as chairman of the Social Se- child can go to college after they got pay for it. I have just been admitted to curity Subcommittee and working with straight A’s in high school. That oppor- the University of California, I am going many of my colleagues who share my tunity is about to be severely under- to major in physics and here is my concerns about the welfare of seniors cut. honor roll.’’ She got on the honor roll has been a fulfilling and challenging The plans in the works are to cut because she believed if she worked, if experience. about $20 billion in student loans over she got A’s she would have a chance to We have accomplished a lot in just 3 the next 5 years, as well as 750,000 stu- go to college. That is what this coun- short months. This week we will see dents off the work study program. try has been all about and that is what our efforts pay off. This week is a turn- a $20 billion cut in student loans will ing point for America’s senior citizens. b 1900 destroy. On the first day of this Congress, I, I would argue that these cuts are un- We say that we are for the middle along with Mr. HASTERT, Mrs. KELLY, wise, they are pennywise and pound class. If we are for the middle class, and Mrs. THURMAN, introduced the Sen- foolish. We know that we have a lot of let’s take care of the thing that mat- ior Citizens Equity Act, H.R. 8. problems in this country, but when I ters most to each of us and that is our Four of the provisions under the Sen- think about the problems that I see in children. Along with that, I think ior Citizens Equity Act have been in- San Jose, the kids that are getting in about the benefit for this country. corporated into the Tax Fairness and trouble, I know that there are not kids After World War II, a whole generation Deficit Reduction Act which will be on hanging out on the street corner deal- of men were given the opportunity to the floor tomorrow. ing drugs or holding weapons when go to college through the GI bill. At The Social Security Subcommittee they are on the honor roll. the time, it was looked upon as a bene- has worked diligently on two of these— In our country, I was on the county fit for veterans, but in fact in addition the repeal of the 1993 Social Security board of supervisors in Santa Clara to a benefit for veterans, it was a bene- tax increase and a three-fold increase County until January 4 of this year and fit for the country, because a whole in the earnings limit for Americans I can attest that there is not a single group of people whose parents were not over age 65. ‘‘A’’ student in the juvenile hall. The rich had the chance to get an edu- Our subcommittee held hearings and more we put into education, the more cation, and those people became engi- heard from real Americans—working we put into achievement for our young neers, they became scientists and they seniors who are unduly burdened by people, the more we will see problems built Silicon Valley and the affluence Government policy. resolved and a country that is full of that they built through their education That’s what this contract is about— excellence and hope instead of despair. carried the economy of this country to real Americans, working Americans. I think the cuts that are proposed in this day. And giving them the ability to work the student loan program have a lot to If we were to put that kind of empha- and earn. do with that and I am hearing about sis on the middle class, on the children, Just as important as the ability to the middle-class cuts and the $500 per on the future, and our need to develop work is the ability to keep what they family and how that will help. I am high-technology jobs and a highly have spent a lifetime building. cognizant that the cut per student that skilled work force, we would not have When we made a Contract With is proposed for 4 years of undergradu- to be worrying about the deficit or the America, we also made a promise to ate education is about $5,000, and if you future. senior citizens to restore financial eq- have 2 kids, as is common, going to col- What we need to do is to invest in the uity and fairness. lege, that is over $10,000 in cuts that future, and I would argue this and re- Now we are going to keep that prom- you are looking at as a family. The $500 late this story. A gentleman came to ise, by relieving older Americans of is not going to make it. It will take 21 me in San Jose 2 weeks ago and said, some of the major financial burdens H 4160 CONGRESSIONAL RECORD — HOUSE April 4, 1995 placed on them by the Federal Govern- Unfortunately, though, these bright work to pay the taxes on their homes ment. moments have been too few and too far that they live in and, heaven forbid, The Government is burdening seniors between. All too soon, the 100 days be- maybe even buy a new car someday, with tax rates as high as any million- came excessively partisan and very ex- real people like your mother and father aire could pay. I read in the paper the treme. In too many instances, the Con- and your grandparents, people in your other day that the new top marginal tract With America became a means of lives that you know every day, day in tax bracket for some retirees is 51.8 lining the pockets of the wealthy at and day out. percent. the expense of the poor and middle-in- What happened with the 1933 tax bill The Government is burdening them come working families. It became a is something called the earnings test with disincentives to work and contrib- flamboyant, circus-like, promotional on Social Security. The earnings test ute beyond retirement age. Current law vehicle worthy of P.T. Barnum at his on Social Security says once you earn requires that seniors between the ages best. And yes, tomorrow the circus $11,280, you have to pay $1 out of every of 65 and 69 lose $1 in Social Security does come to town. $3 in penalty that you make on your benefits for every $3 they earn above As we consider the Republican tax Social Security. $11,280. bill and the offsetting spending cuts, So when you add up all your taxes Most important, the Government has just consider who the winners really and all your tax liabilities, if you are a been burdening them with polices that are. The wealthiest 10 percent of our senior and you are 66 years of age and say no. Policies that just don’t make population get 47 percent of the bene- you have to work to keep your family sense. fits. The wealthiest 5 percent get 36 together and maybe pay your taxes on Where is the common sense in a na- percent of the benefits. The wealthiest your home and maybe groceries and tional policy that says don’t plan and 1 percent get 20 percent of the benefits. things like that, all of a sudden you are don’t save for your retirement years. This causes a revenue loss of $178 bil- paying a marginal tax of 56 percent, Don’t continue to work and contribute lion in the first 5 years, and $458 billion twice the amount that millionaires to society past age 65. Don’t expand in the second 5 years. pay. your long-term-care insurance. Is this loss of revenue going to reduce But you know in the tax bill that our These policies just don’t make sense. the deficit? No. Is this loss of revenue friends on the other side of the aisle It’s time the naysaying of the Fed- going to balance the budget? No. It is talk so vehemently about, there is eral Government stopped. It’s time going to the rich. some real relief for seniors that have to Congress stood up and said yes to our Who is going to pay for it? I will tell work, that have to take care of their seniors. you who is going to pay for it: hungry families, that want to live a life like Yes to lifting the earnings limit to children who are cut from school everybody else, that want to be produc- $30,000. Yes to repealing the 1993 tax lunches, mothers and infants who de- tive. hike on Social Security benefits. Yes pend on WIC for healthy births and Mr. Speaker, what happens there is to providing tax breaks for long-term- early childhood development, promis- that seniors get a break with this tax care insurance. ing students who cannot afford higher bill, that we raise over the next 5 years There was no good reason to increase education without student loans, older the earnings test to $4,000 a year, and the Social Security tax on benefits in citizens whose lives depend on heating so in 5 years you can earn $30,000, not 1993. It was unfair to single out Social assistance. a lot of money in our day and age but Security for a 35-percent tax increase. These are spending cuts, Mr. Speak- enough for sustenance to keep a family We are going to repeal it. er, but they do not go to balance the together and not pay that penalty on budget as Republicans claim they want It is bad policy to hold older Ameri- your Social Security. to do with spending cuts. No. Instead, can’s earned income to $11,000 a year. they choose to take money from chil- b 1915 The earning limit is an antiquated dren, from mothers, from students and Now we think this is a fair bill. The policy that punishes older Americans from the elderly and give it to the President thought it was certainly for being productive citizens. Many wealthy 10 percent of our population. something fair because he included it older Americans must work to make This is a tax bill that robs the poor in his campaign report. But let me talk ends meet. Senior citizens have a and working families to pay the rich. to you a little bit about some real peo- wealth of knowledge and experience to This is a tax bill that hoodwinks the ple, real people who live in my district share. American people. This is a tax bill that and probably in your district and The time has come to stop punishing is immoral. This is a tax bill that across this country: senior citizens. The time has come to ought to be sent to purgatory. Betty Bourgeau: Betty entered the recognize hard work, savings, and con- work force at age 50 when her husband tributions to society. The time has f left her and her children. She worked come and it is now. REPUBLICAN TAX BILL BENEFITS two part-time minimum wage jobs at a We are going to move forward with REAL PEOPLE department store and for a security the Senior Citizen’s Equity Act by The SPEAKER pro tempore. Under a company. She then became a teacher’s passing the Tax Fairness and Deficit previous order of the House, the gen- aide for a HeadStart program, went Reduction Act tomorrow. tleman from Illinois [Mr. HASTERT] is back to school and became qualified to f recognized for 5 minutes. be a HeadStart lead teacher. However, Mr. HASTERT. Mr. Speaker, it is in- Betty quit teaching HeadStart, the job REPUBLICAN TAX BILL BENEFITS teresting to hear my colleague from she loved, when she began taking So- WEALTHY the other side of the aisle talk about cial Security. She would lose most of The SPEAKER pro tempore (Mr. immorality and how tax breaks go to her benefits with both jobs. Her depart- BILBRAY). Under a previous order of the the rich. ment store job included health care House, the gentleman from Georgia But let me talk a few minutes about benefits she needed, so she remained [Mr. BISHOP] is recognized for 5 min- what this tax bill will do for people, employed there. utes. real people, people who are 65 years of Betty has received several ‘‘Em- Mr. BISHOP. Mr. Speaker, as the 100 age. And because they have never been ployee of the Year’’ awards at the de- days come to an end, I want to com- very wealthy all their lives or never partment store over the years, accom- pliment our friends on the other side of had great jobs all their lives they do panied by pay raises. However, when the aisle for the positive things that not have big pensions, and they do not she takes the raises, she must reduce have happened, including, for example, have a lot of income coming in from her hours or lose more of her benefits the enactment of measures to put Con- other types of investments, invest- to Social Security. This puts her in a gress under the same laws that we im- ments in rents and other things. But, particularly difficult situation because pose on others and to restrict unfunded lo and behold, people who have to her health benefits are predicated on mandates on the States and on commu- work, people who have to work to working a certain number of hours for nities make ends meet, people who have to the department store. Regulating her April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4161 hours is also difficult during the busy to the additional tax burden it placed on Social immediate relief to thousands of Social Secu- holiday season at the end of the year. Security beneficiaries. rity recipients who are currently penalized by The store needs her more during these I am pleased that the Contract With Amer- the un-American application of the Social Se- times, but she loses most of her bene- ican includes provisions to repeal this unfair curity earnings test limit. Today when a senior fits if her work puts her further over benefits tax. between the ages of 65 and 69 earns more the Social Security limit. Since I was first elected to Congress, I have than $11,280 a year in wages, we start Now that type of a situation happens always fought to protect the social contract confiscating a third of that person's Social Se- time and time again. Why do we penal- represented by Federal retirement programs, curity benefits. This puts seniors living on fixed ize? Why do our friends on the other including Social Security. As a Member of incomes in a terrible dilemmaÐif they find side of the aisle want to penalize work- Congress who represents one of the largest their benefits are inadequate to live on, and ing seniors? Why do they want to vote concentrations of older Americans in the Na- they try to supplement their incomes by return- no on this type of legislation? tion, I am committed to continue this battle to ing to work, they face marginal tax penalties of Let us look at Mary Lou Livingston protect the benefits of our seniors. nearly 50 percent. Worst of all, because the from Springfield, IL: Mary Lou was di- Therefore, I will be supporting the Tax Fair- limit doesn't apply to dividend income, capital vorced 19 years ago and has worked ness and Deficit Reduction Act of 1995 when gains, or other nonwage earnings, it dispropor- ever since. She has no pension or re- it is voted upon by the House of Representa- tionately impacts those seniors who need the tirement plan to draw from. She had to tives this week. additional income from working. Not only does pay the Social Security Administra- Mr. GOSS. Mr. Speaker, tomorrow the this discourage people from trying to be re- tion back $549 in 1991, $281 in 1992, $935 House will take up the last item in our Con- sponsible and take care of their own needs, it in 1993 and $730 in 1994 for earnings ex- tract With America.'' The passage of H.R. deprives our entire economy of the accumu- ceeding the Social Security earnings 1215 will reverse the tax-and-spend mentality lated knowledge of an entire generation of limit. During those years, her average of recent Congresses, and finally give the older workers. By raising the earnings limit to Social Security check was $288 per American taxpayer some long-overdue relief $30,000 per year, our bill takes an important from the highest Federal tax burden in our month. In 1994, Mary Lou cut back her step toward ending this nonsense of the vast country's history. Not only does our bill pro- hours to try to avoid the penalty, but majority of seniors who need or want to return vide much-needed tax relief for working fami- still had to pay some money back. to work, and return us to a policy which again lies, it includes several badly needed, and Mary Lou supplements her grocery bill respects our traditional American ethics of long-overdue relief measures for our Nation's hard work and self-reliance. Mr. Speaker, each month through the Share Pro- seniors. I'm especially proud of the fact that gram sponsored by Catholic Charities. these reforms constitute the bulk of our Con- our bill provides several carefully crafted provi- tract With America's seniors. They deserve the This program allows her to pay $14 per sions to help seniors with the ever-looming, month and receive $35 worth of grocer- full support of this House tomorrow when we and potentially devastating cost of long-term take up H.R. 1215. ies. health care. Our bill will allow seniors to de- Mary Lou works as an information duct the cost of long-term care insurance pre- f receptionist at the Visitors Center of miums and the cost of any substantial long- the Lincoln Home National Historic term care expenses. Adopting these changes TAX CUTS—JUST WHEN WE ARE Site in Springfield, IL. She has worked will end the tax codes' current discrimination BEGINNING TO MAKE PROGRESS there for nearly 12 years and has re- against seniors, and make the tax treatment of ON THE DEFICIT ceived numerous complimentary let- long-term care costs similar to that currently The SPEAKER pro tempore (Mr. ters for her job performance. She was provided for employer-provided health insur- BILBRAY). Under a previous order of the also featured as a staff star of the ance and out-of-pocket medical expenses. Not House, the gentleman from Massachu- Springfield Bureau of Tourism. only is this fairÐbut it is a good idea. These setts [Mr. MEEHAN] is recognized for 5 Here is a person who needs to work, provisions will help seniors provide for their minutes. needs to have the tax relief that the own future health needs while enabling them Mr. MEEHAN. Mr. Speaker, I rise tax bill that we will vote on the rule to maintain their independence and dignity in this evening to talk about the budget tomorrow will give her, but yet there the event they are saddled with a costly, long- deficit, and I have heard comments are some who want to demagogue the term care episode. Rather than compel mil- made back and forth about demagogic issue and talk about how all these ben- lions of seniors to spend down their life sav- conversation, speeches. I ran for Con- efits go to the rich when, in fact, they ings to qualify for medicaid benefits, as our gress because I felt that the Federal go to real people, real people who real- current laws do, these provisions help seniors budget deficit was out of control and ly need them. preserve their savings while helping them- threatening future generations of Mr. BILIRAKIS. Mr. Speaker, I want to take selves. We've also provided a tax credit for Americans. We are paying $240 billion a this opportunity to express my strong support families who care for a loved one at home. year in interest on the national debt. If for increasing the Social Security earnings test This will help families stay together, and you look at projections of Federal and eliminating taxes on Social Security recipi- again, help prevent older Americans from hav- spending from now until the year 2002, ents. ing to suffer, unnecessarily, from the cost and and 2005 and beyond, it is not easy to With regard to the Social Security earnings isolation of institutional care. H.R. 1215 also see that we are going to bankrupt fu- test, currently, older Americans between the includes several other provisions to provide ture generations of Americans. Long- ages of 65 and 69 lose, $1 in Social Security seniors immediate economic help. First, we've term economic growth will be impos- benefits for every $3 they earn above committed to repealing the ill-conceived new sible if we do not get our Federal budg- $11,160. tax on social security benefitsÐimposed by et deficit under control, and we must I have consistently cosponsored legislation the 1993 Clinton tax bill. This tax is really a have the courage to act and the cour- to repeal the limitation placed on the outside double tax on retirees' past earnings. While age to make tough choices. Getting the earnings of Social Security benefit recipients. proponents of this tax like to label it a tax on Federal budget deficit under control is Current law, in my opinion, punishes seniors the wealthy, in reality it applies to any recipi- not about easy choices, and hear all who choose to remain productive beyond age ent earning over $34,000 a year or to any the talk about tax cuts; those are the 64. couple with a combined income over $44,000. easy choices. The Senior Citizen's Equity Act, which I This is hardly what most people would con- I had a plan when I got to Congress, strongly support, raises to $30,000 the amount sider wealth. And I would contend this is hard- my own plan to actually balance the which seniors can earn before losing Social ly a lavish amount of income for seniors facing budget. It was not easy to put together. Security benefits. I believe this is a necessary today's health care costs. Worst of all, these It was put together through a combina- stepÐwe should be encouraging rather than income thresholds are not indexed for infla- tion of increases in revenues, in cuts, penalizing productive, experienced people who tion, so over time, as people's earnings rise, in spending. I have been committed to want to work. more and more seniors will find that they are cutting the deficit since I got to Con- I also strongly support repealing President wealthy as defined by the Clinton tax bill, and gress. It is why I got the fourth highest Clinton's Social Security benefits taxÐin fact, be subject to this confiscatory tax. Given all rating in the country from the Concord one of the primary reasons I voted against these facts, I think the case for repealing this Coalition on deficit reduction. I believe President Clinton's 1993 tax package was due tax is clear. Finally, H.R. 1215 would provide that the future growth of this country H 4162 CONGRESSIONAL RECORD — HOUSE April 4, 1995 and the opportunity for future genera- come up with enough cuts, $189 billion, The answer is they would say they tions of Americans to enjoy the pros- to pay for the first 5 years, and $100 bil- are too high. perity that this generation has enjoyed lion of those are not even specific. In 1950 this Federal Government took hangs in the balance as to whether or I would hope that we would get real 5 percent of Americans’ income. In 1970 not politicians here can make tough in this discussion. Let us cut taxes and this government took 16 percent of choices about how to get our budget have a debate about cutting taxes after Americans’ income. In 1990 we are tak- deficit under control. we balance the budget. ing 24 percent of the average Ameri- One way that we will never get our Mr. Speaker, the American people can’s income. So we are paying today, budget deficit under control is to give get it. I do not know why the Repub- at the 1970 level, an average family, if tax cuts just when we are beginning to licans in this House do not get it. we could pay at the 1970 level, the aver- make progress on the deficit. I am for- f age family would have $4,000 more to tunate to have been in the U.S. Con- spend. gress fighting for deficit reduction, and GENERAL LEAVE At the same time we are running up we have seen, for the first time in 3 Mr. BAKER of California. Mr. Speak- a huge debt because we have not even years—3 years in a row, first time since slowed down in our spending, and the er, I ask unanimous consent that all Harry Truman was President—where debt, which is today over $4 trillion, Members may have 5 legislative days the deficit has actually been cut, we will leap to about $6 trillion by the within which to revise and extend their have begun to make progress. year 2000, and by 2010, which is histori- remarks, and include extraneous mate- I voted for a balanced budget amend- cally when the baby boomers all run rial, on the special order of the gen- ment, a Democrat voting for a bal- from one side of the boat to the other, tleman from Illinois [Mr. HASTERT]. anced budget amendment. That was from the paying side on the Social Se- The SPEAKER pro tempore. Is there the easy part. Anyone can vote for a curity, from the taxpaying side, to the objection to the request of the gen- balanced budget amendment. The dif- retirement side and the drawing of So- tleman from California? ficulty is actually balancing the budg- cial Security. We will have a national There was no objection. et, and there is no way that you can debt each year of $6.7 trillion. Debt is balance the budget by the year 2002 if f going to consume America. these ridiculous tax cuts are approved How do we get out of this debt? The THE FIRST STEP ON THE ROAD TO by the Congress. answer is we are going to reduce taxes, A BALANCED BUDGET Now the revenue losses to the year and we are going to reduce taxes on the 2000 are significant, but the 10-year The SPEAKER pro tempore. Under a producers, even business, and the rea- losses approach $700 billion. It is im- previous order of the House, the gen- son is that is where you create jobs, possible to balance the budget while tleman from California [Mr. BAKER] is that is where you put people to work providing tax cuts to the tune of $700 recognized for 5 minutes. and create taxpayers to bring more billion at the same time, and the irony Mr. BAKER of California. Mr. Speak- revenue to this Federal Government. If is everyone in America gets it. People er, I was very much interested in the we could increase this Federal Govern- across America do not really think previous speaker’s remarks until at the ment’s revenue by 1 percent a year, we that you can balance the budget by end he became shrill and partisan as would balance the budget about 4 years drastically cutting taxes. But what usual, and I have to say that we believe sooner than the 2002 than we are going makes this tax cut so tragic is that it that you have to balance your ap- to be able to balance it through cuts cuts the taxes for the wealthiest Amer- proach toward balancing the budget and through the small tax decreases we icans while enduring a deficit reduc- just like you have to take incremental are going to have in capital gains. tion. steps, and that is why the Contract The budget deficit is projected by the Let us balance the budget to a plan with America did not say we are going Clinton administration to continue to make tough choices over the next to balance the budget first time you growing into the future without a solu- several years, and all you have to do is make us a majority because we knew tion. Interest on the debt today is some look at projected Federal spending to that is impossible. We talked about the several hundred billion dollars. But be- realize that nonsense about cutting year 2002 and how we were going to tween 1995 and 2006 we are going to pay discretionary spending, that we can work and take that first step on the $3.9 trillion in interest. That is money even balance the budget by cutting road of a thousand miles to balance the we could have spent on our children. children further or by cutting edu- budget. The problem is not that we can That is money we could have spent on cation programs. There is not enough cut, because the gentleman had it abso- problems that we have today—80 per- discretionary spending in the budget to lutely right. He said we cannot have cent of the Americans want a balanced do it. just tax cuts for the rich, we cannot budget, and this gentleman says, ‘‘You We need to get real about how we are have just that, and we do not want to can’t cut your way out.’’ going to cut this deficit. If the choices denigrate this debate over who is going My answer is, ‘‘You’ve got to grow were easy, politicians in past years to have the biggest tax cut for the your way out.’’ Americans will pay a would have done it already. This is American people, and then in the next lot just in interest on the debt that about difficult choices, and a bidding breath he said, ‘‘But we can’t cut dis- builds up their entire lives. In 1974, war over tax cuts for the middle and cretionary spending either because Americans paid a hundred fifteen thou- upper classes has to be avoided if we there is not enough money in discre- sand in their lifetime in interest on the are going to confront these issues. tionary spending to balance the budg- national debt. This year, 1995, a child The pandering over tax cuts is et.’’ born today, will pay $187,000 in interest threatening any chance for deficit re- So how was he going to balance the on the national debt. duction. We need to make investments budget? I yield to the gentleman from New in certain areas, and cutting school Mr. Speaker, the answer is, ‘‘You’re York [Mr. OWENS]. lunch programs, and cutting child care, going to do both. You’re going to slow b cutting worker retraining, is not the down the growth rate of government 1930 way to prepare future generations to spending from its 6 to 10 percent rate Mr. OWENS. Is the gentleman aware compete. and get it down closer to the 6 percent of the fact that during the last 12 The Carnegie Corp. did a study last growth in income that this Nation has years, beginning with Ronald Reagan year that showed we are not investing each year, even during the recession.’’ that debt accelerated greatly? Jimmy nearly enough in children. You do not ‘‘Do you think, if you went to the Carter, when he left office, left a na- balance a budget by cutting children American people,’’ I ask you, ‘‘and tional debt of less than $100 billion. and giving tax breaks to those who are said, ‘Do you think your Federal taxes It rose to almost $400 billion under the wealthiest in society. are just about right? Are they too high President Reagan, who counseled that The Republicans claim that their tax or are they too low?’ ’’; what would the lower taxes would mean increased reve- cut will be fully paid over the next 5 American people say to you, Rep- nue. It never happened, and the deficit years. Let me tell you they have only resentatives? exploded. April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4163 Mr. BAKER of California. The cor- wealthiest Americans at the expense of 1993. It would provide needed relief to rect answer is when Jimmy Carter left the middle and lower classes! A Treas- seniors on fixed incomes, whom the ad- there was $1 trillion worth of national ury Department study has shown that ministration labels as ‘‘wealthy.’’ Sen- debt and now there are $4 trillion, but the wealthiest 1 percent of Americans ior citizens with incomes of more than your point is well taken. will derive 20 percent of the benefits $34,000 a year are not rich. Seniors face Pick the President you like the least. under this bill. In fact, over half—51.5 escalating costs for housing, medical Over the last 26 years we have had how percent—of the tax benefits derived care, and prescription drugs and the many Presidents? Seven. So I would under the Republican proposal will go Clinton tax increase made it even more pick out Jimmy Carter who was play- to benefit families with annual in- difficult for many seniors to fend for ing on the tennis court, and you would comes over $100,000. This is plainly and themselves. pick Ronald Reagan who you say would simply—an outrage. The repeal of this provision is also sleep through all the Cabinet meetings. Adding insult to this injury, the Re- important because it scales back a very Then you take Bill Clinton who despite publicans have made their ‘‘tax credit dangerous precedent. The Clinton tax all the rhetoric on cutting the budget for families with children’’ nonrefund- on Social Security actually transferred is going to add a trillion dollars. Pick able. This means only wealthy families money away from the Social Security the President you want. will be able to take full advantage of trust fund. Revenue raised from the in- Mr. OWENS. What amount of debt the credit while low and middle-income creased taxation on Social Security was accumulated under each Presi- Americans lose out again. I heard one benefits is not returned to the Social dent? of my friends on the other side of the Security Trust fund. We heard lots of Mr. BAKER of California. Pick the aisle say that the Contract With Amer- talk from opponents of the balanced President you want. This Congress for ica wanted to make a statement that budget amendment that Republicans 40 years has had its foot stuck on the children have value, but with this pro- were going to raid Social Security, but accelerator. We appropriate, we spend. vision, a family of three with one child, ironically, it is President Clinton who Heal thyself. earning $15,000 a year would get a $90 has set the standard for raiding the f credit, not $500. A family of five includ- trust fund. ing three children, earning $22,000 a The Tax Fairness and Deficit Reduc- THE TIME IS NOT RIGHT FOR TAX year would get $375 not $1500. I guess CUTS tion Act will also raise the Social Se- under the contract, a child’s value is curity earnings test limit. The earn- The SPEAKER pro tempore (Mr. determined by the wealth of his or her ings test is a penalty imposed on sen- BILBRAY). Under a previous order of the parents. iors—our most valuable and experi- House, the gentleman from Pennsylva- As I said before, I do not believe the enced resource in the work force—who nia [Mr. DOYLE] is recognized for 5 min- time is right for tax cuts of any kind— choose to continue working after they utes. but for the Republicans to propose a turn 65. Social Security recipients Mr. DOYLE. Mr. Speaker, I was born plan designed to help those who need it earning more than the current limit of and raised in, and now represent west- least while it hurts those who most $11,280, will have $1 of benefits reduced ern Pennsylvania and I can tell you need help is not only foolhardy—its for every $3 over the limit. That means that in our region we remember the reprehensible. that low to middle income seniors will 1980’s very well—we remember the huge I urge my colleagues to oppose this face marginal tax rates of 55.65 per- tax cuts that were enacted under the proposal, and I yield back the balance cent—when you consider the 15 percent guise of stimulating the economy, of my time. Federal income tax and 7.65 for FICA. under the guise of increasing revenues, f That is unfair and discriminatory pol- but the corresponding spending cuts PRO-SENIOR TAX PROVISIONS icy that will end under H.R. 1327. needed to keep the budget under con- The current earnings test sends a trol never took place. What happened? The SPEAKER pro tempore. Under a clear message to seniors: Do not work. In western Pennsylvania we watched as previous order of the House, the gentle- It will not pay, which is not the mes- the Federal budget deficit quadrupled woman from Florida [Mrs. FOWLER] is sage we should be sending. from 1 trillion to over 4 trillion and recognized for 5 minutes. Finally, this legislation encourages brought on an economic downturn from Mrs. FOWLER. Mr. Speaker, I would the purchase of long-term care insur- which we have not recovered. Now we like to highlight a number of pro-sen- ance. Too often, senior citizens who see that the new Republican majority ior provisions which are contained in have exhausted their resources or rely in Congress wants to do it all again— the Tax Fairness and Deficit Reduction solely on Social Security as a primary enact huge tax cuts before we make the Act. H.R. 1327 not only reduces the tax source of income—perhaps because the necessary cuts in spending. It sounds burden on American families, it repeals earnings test discouraged them from like the same mistakes made in the the Clinton tax increase in Social Se- continuing to work—must spend down 1980’s are coming back again in the curity, raises the Social Security earn- their resources to become eligible for 1990’s. ings test limit, and provides tax incen- long-term care under the Medicaid pro- The Republicans want to enact a bill tives for the purchase of long-term care gram. There must be a better way, and of massive tax cuts that they claim is insurance. I believe encouraging the purchase of designed to help the middle-class. Let The failed notion that Government long-term care insurance will allow it be perfectly clear that this is one knows best how to spend people’s more seniors to keep their assets and Member who believes the best way to money has given us a Government that independence from Government sup- help the middle-class, and everyone is too big, taxes that are too high, and port. else for that matter, is to reduce our a huge debt to lay at the feet of our Mr. Speaker, these three provisions monstrous Federal debt. Since we are children. The American people have will greatly benefit seniors, and at the just beginning to make some progress subscribed to a new idea of govern- same time encourage self-reliance. I in this area, I do not believe it is the ment—that people and not bureaucrats look forward to having the opportunity right time for any tax cuts and I am know best how to spend and invest to support these changes when we con- confident that most of the country and money. They have sent a clear message sider H.R. 1327 on the House floor this the people in my district would agree that they do not want Government week. that we must stay focused on reducing policies that over-burden the taxpayer the deficit rather than exacerbating while encouraging dependence on Gov- f the problem by enacting tax cuts that ernment support. we cannot afford. These provisions are in line with the THE REPUBLICAN TAX CUT IS Still, when we actually examine this philosophy of smaller government and IRRESPONSIBLE Republican plan, my opposition to it fewer taxes. At the same time, the bill The SPEAKER pro tempore. Under a grows even stronger because there is no is distinctly pro-senior. First, the bill previous order of the House, the gen- question in my mind that these pro- would repeal the tax increase imposed tleman from Texas [Mr. GENE GREEN] posed tax cuts will in truth, benefit the by President Clinton’s tax package of is recognized for 5 minutes. H 4164 CONGRESSIONAL RECORD — HOUSE April 4, 1995 Mr. GENE GREEN of Texas. Mr. lies. The American people are tired of balance the budget sooner. Thank you Speaker, the best of America is to stay paying taxes, and I am willing to work for yielding. and fight and the worst is to cut and to have cuts for Americans, but Con- Mr. GENE GREEN of Texas. If I be- run. This Republican majority tax cut gress would be irresponsible to explode lieved that rationale, I would be voting takes the money and runs. It does not the budget deficits simply to give tax for it tomorrow, but obviously I do not. stay and fight the deficit, it does not cuts to a small minority of our Nation. f stay and fight for better education, Mr. Speaker, we all want a tax cut, b stay and fight for summer jobs for and their money is best left in their 1945 teenagers, stay and fight for higher pocket, but it is irresponsible to our BUDGET ITEMS INTERRELATED educational opportunity or stay and children and our grandchildren not to The SPEAKER pro tempore. Under fight for job training for our future. stay and fight for our future. Tomorrow the Republican majority the Speaker’s announced policy of Jan- Mr. BAKER of California. Will the uary 4, 1995, the gentleman from New will bring this massive tax cut to the gentleman yield? York [Mr. OWENS] is recognized for 60 floor. Everyone wants a tax cut and so Mr. GENE GREEN of Texas. I will be do I, but it is irresponsible with the minutes as the designee of the minor- glad to yield, Mr. Speaker. ity leader. huge deficit that we have. As a busi- Mr. BAKER of California. Did you ness person, I have used capital gains Mr. OWENS. Mr. Speaker, we have vote for the $17 billion rescission pack- heard a lengthy discussion of the tax and investment tax credits to help the age and would you vote today to cut business that I help manage grow, but cut that will be on the floor tomorrow. $213 billion from this budget which is It is very relevant to the subject that I until we get our own economic house in this year’s deficit? order, cuts are irresponsible. would like to discuss and that is the Mr. GENE GREEN of Texas. I would The bill makes the top 2.6 percent of coming budget. It is all interwoven. be more than happy. Last year I voted, families the winners with over 58 per- You cannot separate one part from the in 1993 as we hear, I voted to cut $250 cent of the tax cuts. Corporations other. The $17 billion in rescissions billion out of the budget that did not would be winners with repeal of the al- that have been passed by the House al- have one Republican vote. I did not ternative minimum tax, which simply ready, the tax cut tomorrow, the com- required a corporation to pay some- vote for the rescission because the re- ing budget that we will deal with in thing, even if they made a profit. scission cut 2,000 jobs in my district of May, all of it is interrelated and very Who are the people and the issues summer jobs programs. complex. losing under this bill? Well, of course Mr. BAKER of California. The rescis- I wished there was some way to real- deficit reduction, because you cannot sion was 8 percent of the deficit. ly simplify it so anybody could under- have a tax reduction without taking Mr. GENE GREEN of Texas. On a stand it without all of these lengthy $100 billion out of the effort to reduce short term basis, we are going to say, discussions, but the discussion is nec- the deficit. well, let’s do not have those 2,000 peo- essary. The charts and the graphs, all Teenage summer jobs. Just two ple in my district or 6,000 in the City of of it is necessary but I think it could weeks ago we saw the House abolish for Houston who have a summer job, let’s be summarized and we could take some this year and next year the teenage put that money into abolishing the al- guides to lead into an understanding of summer jobs. ternative minimum tax for corpora- what is happening. Grade school and college students. tions. Let’s get our priorities straight. There are a few basic facts that must We saw $100 million cut out of Federal Mr. BAKER of California. Mr. Speak- be understood from the beginning and I funding for Chapter 1 funding edu- er, the point I would like to make is want to start by explaining an inter- cation. College students, the reduction you cannot cut your way out of this. change, a dialogue that I had with one in the student loan program, and fi- You did not vote for the $17 billion in of the speakers where I said that under nally the losers are the taxpayers of cuts and you are not likely to vote to Jimmy Carter the deficit was less than America. $213 billion. $100 billion and under Ronald Reagan it The Speaker calls this the crown Mr. GENE GREEN of Texas. I will went up to $400 billion. I want to cor- jewel of the Contract With America. vote for cuts. rect that. The deficit for one year Well, this jewel is cracked. Why should Mr. BAKER of California. You better under Jimmy Carter never exceeded hard-working Americans pay taxes pray that the tax reduction brings $100 billion. I think the highest annual while profitable corporations may pay more revenue. deficit that Jimmy Carter had in the nothing? Mr. GENE GREEN of Texas. Reclaim- budget was $64 or $68 billion. Under Why should seniors go cold in the ing my time. I like a lot of Democrats Ronald Reagan, it soared to an annual winter and endure hot summers when will vote for cuts, but let’s vote for deficit of $400 billion. It all added up to, the top 2 percent of Americans will re- cuts that do not take the cuts today between the time Jimmy Carter left ceive the 58 percent of the capital gains and penalize those in the future. Let’s and the time Ronald Reagan left and cuts? vote like you said, let’s grow out of the present, a $3 trillion difference. The The Republican majority wish to this deficit, but you do not grow out of deficit when Jimmy Carter left office point to the lack of responsibility in it by cutting job training funds, by cut- was $1 trillion, overall deficit, and it is our Federal Government, but is it re- ting summer jobs programs. We want now $4 trillion. But the annual amount sponsible to have a larger Federal those youngsters to be productive citi- was as low as $64 or $68 billion under budget deficit in 1999 than under cur- zens so they will pay those taxes 5 and Jimmy Carter. It is the highest annual rent law? No, it is not. 10 years from now, but if you cut the deficit that he ever created. Under Mr. Speaker, the first 100 days has job training today and you cut their Ronald Reagan it went up to more than been a blitzkrieg of cuts in education summer jobs, then growing out of this $400 billion. funding, summer jobs for teenagers, deficit is really a pie in the sky and a Part of the reason it went up so high school lunches, denying legal and tax- pipe dream, just like the 1981 tax cut under Ronald Reagan was due to the paying immigrants assistance. was to balance the budget. fact that there was a philosophy The contract has several issues which Mr. BAKER of California. If the gen- dubbed by many before he was elected I agreed with and supported: Putting tleman would further yield. as voodoo economics which said that Congress under the laws that it passes, Mr. GENE GREEN of Texas. I will you could lower taxes, lower taxes but line item veto and unfunded mandates, further yield. increase revenue. We have heard the and all of these issues needed to be ad- Mr. BAKER of California. Let me be same argument here on the floor today. dressed. honest, I will not vote to cut $213 bil- Instead of offering it in a voodoo eco- But the crown jewel will be paid for lion because it could not be done with- nomic package, he came with higher by cuts in safe schools and financial out hurting all the programs you are mathematics and said something about aid for the college students. Congress talking about. The capital gains tax cosines and sines and I guess what si- must not sell out the future for some of and the alternative minimum tax will multaneous equations must have the good times for the wealthiest fami- bring us more revenue and allow us to shown. He said it was complicated. We April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4165 could not see the chart that he showed. than $2 billion when you add all the ing the most taxes; and by, yes, they But no matter how complicated you factors in. The conservative Congres- are paying the most taxes, they, in es- make it, he is still saying the same sional Budget Office confirms that sence, said, of course they will get the thing that Ronald Reagan said: You there will be a cut of $2 billion, a sav- benefits because they are paying the can lower taxes and at the same time ings of slightly more than $2 billion. most taxes. increase revenue. Why did the Republican majority I am sure there are many Americans No matter how many charts you reach into the school lunch program to out there who would like to share in bring, experience, the years under Ron- get a paltry $2 billion? Because that is the wealth and would be happy to pay ald Reagan and the years after that part of what they need to make all of the taxes that the very wealthy pay. If have shown us that the lower taxes these magical things work together. In they had more money they would pay produce lower revenues. Why do you order to balance the budget by the year more taxes, and they would be quite have a deficit? Because the revenues 2002 and give a tax cut, they need every pleased to be in that category. could not keep pace with the spending. dime they can get. So any way you cut it there is an ad- The revenues did not match the pre- So they have reached into the school mission that the people who are going vious revenues even after you had lunch program. They have reached into to gain most from the tax cut are the found ways to lower taxes. It is simple the Aid to Families With Dependent wealthiest Americans. They gave the and any high school sophomore would Children Program and related pro- percentages. They showed the graphs validate that. You cannot lower taxes grams, food stamps. They have reached and the charts. I will not go back into and increase revenues at the same in there to get additional billions of that, but it is clear what is going to time. dollars. They are cutting in order to be happen. That is a basic set that we have to able to give the tax cut and at the Then the last speaker issued a chal- put in place. We have to understand same time move toward a balanced lenge: What are you going to cut if you part of the problem is the continuing budget. are not going to deal with the deficit? addiction to voodoo economics, the Why do we have to have in the mid- It looks as if any Democrats who want continuing addiction to a kind of dle of the year a rescission package to bring a budget to the floor of the magic, an attempt to make the public which reaches into an existing budget? believe that you can have everything We are in this budget year now. We House and offer that budget as an al- at the same time. have allocated that money after a lot ternative budget is going to have to The Contract With America proposes, of deliberation. We authorized the play by the rules that have been set by first, to balance the budget by the year money. We appropriated the money. It the Republican majority. They say you 2002 in a 7-year period. We usually han- is in the budget now, but they reached must present a budget which shows dle budgets over a 5-year period. They in to get $17 billion, slightly more than that it is going to be balanced by the projected they could balance the budg- $17 billion to pull it out in order to year 2002. et by the year 2002 and they have is- save money and move toward the bal- Any budget that comes to the floor sued a statement that any budget that anced budget and to give money for a as a substitute, and we hope that they comes on the floor of the House during tax cut. will allow substitute budgets as we the budget debate in May must show What do they get? What did they have had in past years, will have to be that it is on a glide path toward a bal- reach in to get? The biggest cut was on on a glide path and have a deficit in 5 anced budget by the year 2002. low-income housing in HUD. Seven bil- years of no less than $59 billion. If it is on the glide path toward a bal- lion dollars was cut out of the Depart- So I am the chairman of the Congres- anced budget by the year 2002, it means ment of Housing and Urban Develop- sional Black Caucus alternative budg- about $59 billion is the amount of the ment, most of it for low-income hous- et. We are working hard to prepare deficit 5 years from now. Our budgets ing. that alternative budget. We accept the are using 5-year projections, so the What did the get from education? challenge. We do not think that it is budgets that come to the floor will be Most of the programs they cut in edu- necessary. for a 5-year period and you must show cation, $1.7 or $1.8 billion out of the We do not think that you should cre- that the deficit is down to $59 billion education budget. ate an artificial crisis the way the Re- by the 5th year, which means that it is Now they are contemplating moving publican majority has done. They cre- estimated in 2 more years that the toward a cut in the student loan pro- ated an artificial crisis, and we have to budget would be totally balanced. gram. The student loan program is sub- squeeze everybody very hard in order They have created that condition, sidized. We pay interest on the loans to meet these artificially created the insistence that there must be a bal- during the time the students are in col- goals. But if that is the challenge, we anced budget by the year 2002. At the lege. And what they are saying is we accept the challenge. same time, the same Contract With will take that away, which increases The last speaker sort of threw that America says we are going to increase the amount of the student loan pro- challenge to the Democrat side here the defense budget. We are going to in- grams to the students and places a bur- and said, ‘‘What are you going to cut.’’ crease the defense budget dramati- den on that segment of our population Well, we say that we will balance the cally, although there is absolutely no which we are most dependent upon to budget. We will cut what is necessary need to increase the defense budget. I carry forward the America of the year in order to balance any budget we will talk about that later. 2000, the America of new world order bring, and we are going to make cuts It insists that the defense budget which must have the best possible that need to be cut. must be increased. So you are going to technicians and scientists and man- There is waste in government. There balance the budget, you are going to agers. They will come out of your col- is waste in government that can be cut. increase the defense budget, and on top leges and universities. There is waste in the defense budget of that, there will be a cut in taxes, a So we are going to tamper with the that can be cut. There is a bloated CIA cut in taxes which would generate ad- mechanisms that allow us to educate that can be cut. There are places where ditional deficit if you do not have si- students. We are going to lessen the we will show that the American people multaneous cuts in expenditures. numbers of students. can get a better deal with a more So we are down to the problem, is So these are the parameters of what streamlined government without hav- what shall the expenditures be that are we are dealing with. Where shall we get ing to cut the people who are most in cut. If you out there have asked the the money to balance the budget and, need. question, ‘‘Why did the Contract With at the same time, give this tremendous The Congressional Black Caucus will America in the fine print or no print at tax cut to the rich? again offer its own substitute budget as all, why did it go into such strange Because I think all the charts con- we move toward the year 2000 and into budget saving tactics as cutting school fess, when it is all over, the charts say the 221st century. More than ever be- lunches?’’ The Congressional Budget that the rich will get the biggest bene- fore, our alternative budget is needed Office says that, yes, there will be a fits on the Republican side. We heard to offer a vision of America which in- cut over a 5-year period, it is more arguments that, yes, the rich are pay- cludes all of the people. H 4166 CONGRESSIONAL RECORD — HOUSE April 4, 1995 The vision of America offered by the You will recall in the Bush campaign So we are not going back to that, but Contract With America and the Repub- against Dukakis, they were running there is an attempt to roll us back into lican majority is a vision for an elite neck and neck until an advertising that by taking the second reconstruc- minority. An elite minority will be campaign was introduced of a mon- tion, we call the second reconstruction taken care of, and they are proposing strous person who had been in prison from the time of Martin Luther King, to go dump overboard certain other and released and committed murder the Montgomery bus boycott to the groups. They are going to play a game and all of a sudden, all you saw on the time we got the Voting Rights Act. of triage and just forget about certain screens was this black Willie Horton It was the launching of the second re- segments of America. and the threat that he was to the construction, that reconstruction now They have cut part of the budget American people and that turned the they are going to attempt to demolish. which deals with children with disabil- tide and the polls began to show Mr. The CBC caring majority alternative ities. Part of the Social Security budg- Bush climbing over Mr. Dukakis. budget will be a major component of et has already been proposed to be cut. It was such a great success, it has the master plan which will guide the They are cutting school lunch pro- been repeated in various ways since counteroffensive that we must launch grams. They are going to cut the aid to then. In the campaign of Harvey Gant in order to guarantee our survival. Be- dependent children programs. Wher- against a senator, who is now sitting in cause this budget will clarify and high- ever they are cutting, low income the Senate from North Carolina, there light important goals and objectives housing, the HEAP program which pro- was a close race until the senator from for all of us, it will serve to strengthen vides money for heat for people during North Carolina introduced a campaign and accelerate a renewed struggle by the winter, all of those cuts are for ad which showed a white hand with a the African-American community with people most in need. Americans who job application and a black hand reach- the help of the other millions who are most in need are the ones who are make up the caring majority. The ing out to take the job application going to be cut. other millions are the enlightened away from them. So that kind of racist We are going to show how we can white Americans, Latinos, Asians, na- appeal, the gut racist appeal, has prov- offer a vision of America that does not tive Americans, Jews, Christians, im- en to be workable. play the game of triage, that is a vision migrants, and important people every- It is a case where civilized people ap- of America which includes all of the where. peal to very primitive instincts. Par- people. We are confident that with their ties that used to act very responsibly, To counter the scorched earth ap- help, the total caring majority, we will proach of the oppressive elite minority both the Republican party and the be able to defeat the deadly design of which presently controls the House of Democratic party, the leadership at the oppressive elite majority. We are Representatives, the Congressional one time refused to succumb to the confident that we should be able to Black Caucus must discharge its long- temptation to make their campaigns overcome. standing obligation to present a budget racist. But the Republicans broke with We have, in the Congressional Black which promotes the general welfare that tradition when Ronald Reagan de- Caucus, laid out a set of about 11 basic and advances the interests of the car- cided to go to Philadelphia, MS and principles and themes that will guide ing majority. The overwhelming ma- launch his campaign. Philadelphia, MS our preparation of the budget. As you jority of American people can be taken is a place where three civil rights know, we will not be doing the budget care of in the process of moving toward workers were murdered, two Jewish until May. The Committee on the the year 2000 and balancing the budget young people and a black—Chaney, Budget is late in that process so we and streamlining government. Schwerner, and Goodman were mur- will not be considering it on the floor The CBC, the Congressional Black dered in Philadelphia, MS. Mr. Reagan here until May. But we have set out a Caucus caring majority alternative chose to go there to launch his cam- set of principles that will guide us. budget will encompass the interests of paign and send a message to the south First of all, we began by condemning all Americans. However, it will also and the people who believed, like those the entire rescission package that I represent a moral counterattack in Philadelphia, MS, that there was a have just spoken about a few moments against the forces of the oppressive new Republican party. ago. The rescission package was the elite minority which have launched a And since then the use of racism, the launching of those devastating cuts blitzkrieg against the political, eco- use of racism in campaigns has been primarily aimed at the poor, the urban nomic and social infrastructure of the dignified, has been made acceptable. So poor and more specifically aimed at African-American community. Our we go from Philadelphia, MS to Willie the African-American community. At budget will speak for the caring major- Horton and now the kingpin of the 1996 least 65 percent of the cuts in that $17 ity of America. campaign is going to be an assault on billion rescission package, 65 percent of It will also specifically address the affirmative action. those cuts are aimed at poor urban issue of what the oppressive elite mi- The budget process is one attack on communities. We condemn that. We nority which presently controls the the African-American community. The hope that the President will veto that House of Representatives intends to do assault on affirmative action is the package. We hope that the Senate, first to the black community in America, to other. of all, the Senate will make some dras- the African-American community. We Tonight I am dealing with the budget tic changes. But if they do not make have been singled out for special atten- process. For African-Americans, the those changes, we hope that the Presi- tion. Black people in America are pres- present declaration of war by the op- dent will veto that package. It is nec- ently being subjected to a powerful and pressive elite majority which controls essary that those $17 billion in cuts not dangerous double-barrel assault. Dev- the Congress represents the clearest take place in this year’s budget. astating budget cuts of programs devel- and most overwhelming threat to the We also particularly condemn the ze- oped over the last 60 years threaten to black community since the first black roing out of the Summer Youth Em- deny basic necessities to ordinary reconstruction effort was brutally de- ployment Program. We call for the im- black citizens and thus break their molished shortly after the Civil War. mediate restoration, as the number one spirits and cripple their will to fight There were many Members of Congress item that is most urgent, immediate back. who were black at one time and, short- restoration of the summer youth em- ly after the Civil War, when the recon- ployment program. The Summer Youth b 2000 struction effort was underway, they Employment Program provides jobs for At the same time, a dirty war, as- came into Congress. And after the teenagers during the summer. It is a sault on affirmative action, designed to Hayes agreement, the blacks were driv- very successful program. It has worked serve as a campaign weapon in the 1996 en from Congress as they were driven very well. Nobody challenges its effec- elections, will seek to brainwash Amer- from office all over the country. And tiveness. It provides 32,000 jobs in New ica into the belief that every black is a the Ku Klux Klan began the riots and York City. And in big cities all across new kind of Willie Horton threatening murder, brutality, lynching, 100 years America it provides thousands of jobs to rob them of their job. of that took place. during the summer for teenagers. April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4167 Why must this program be zeroed ative ways to tax people. We want to education. We are going to place the out? No reason has been given except call for this commission. increases where they should be. that it is part of the plot aimed at the I see the leadership of the Senate, the Finally, we will call the drastic cuts poorest communities, the urban com- Republican leadership of the Senate, in defense. We do not need, after the munities and particularly aimed at the the Republican leadership of the House cold war is over and the evil empire is African-American community. We in- have called for a similar commission. defeated, we do not need to spend $28 sist that the teenage employment pro- We join with them in the call for the billion, $28 billion for the CIA. We gram in the summer be restored. commission, and we would like to offer could, over the 5-year period, cut the Item three is the basic principle that some ideas. And if they are not going CIA by 10 percent a year and by the we support a tax cut for the working to be creative, we call for creation of a fifth year you would have it down to class, as set forth in the progressive special commission that is going to about a $14 billion budget. Nobody real- caucus budget. They have a tax cut for look for real creative options and not ly knows. This is a conservative esti- the people who make the least amount find new ways to bleed the same old mate, that the CIA and intelligence of money, and we are united with the people with personal income taxes. agentagency budget is $28 billion. progressive caucus on giving a tax cut We have a very important item in First of all, we would like to end the to the people who are working people this set of principles with respect to secrecy. We see no reason why the and need the cut the most. cutting programs and cutting expendi- American people cannot know exactly Item five, we support the establish- tures. We support means testing for all what this fumbling, very deadly, some ment of a commission on creative new agricultural subsidy programs. Here is things have been revealed, it is a very revenue options to develop new sources a bombshell. Here is Republican pork. dangerous agency. It should let the of Federal revenue and shift the pri- Here is rancid Republican pork. American people know what the budget mary tax burden from personal income Go look in the districts of people who is. We want to cut the budget that is taxes. represent Kansas and a large part of there. I agree with the other side that per- the Midwest, who claim that they do We certainly want to cut the F–22. sonal income taxes should be cut. We not want any help from Government. The F–22 is a fighter plane, the most should find ways to cut them and cut They have been getting help from Gov- sophisticated ever conceived. It is them fairly. Personal income taxes are ernment for years and years. A pro- being manufactured in the district of too great a portion of the overall Fed- gram created by the New Deal to help the Speaker of the House, Marietta, eral revenue package. farmers has been expanded to a pro- GA. It has great benefits for the dis- There was a time when corporate in- gram which is an almost racketeering trict, but we do not need it. We do not come taxes bore at least half the bur- enterprise. Checks are being pumped need a super-sophisticated fighter den of the Federal revenue package. into big cities to people who have never plane because we already own the most Corporate income taxes need to be set foot on a farm. So the agriculture sophisticated fighter plane already. If raised. But that is not creative. That is subsidy programs and various pro- the Russians are not building another just an adjustment that needs to hap- grams run by the Department of Agri- one, no other country is building an- pen. We need to look at more creative culture need to be examined closely. other one, why do we need a plane to sources of revenue. We propose to streamline and compete with our own sophisticated As I have said on this floor before, we downsize the huge Department of Agri- fighter plane? are selling the spectrum above us. culture. They did a great job so we So we will cut the defense budget. There was a time when the Govern- have a most effective industry, an agri- The Congressional Black Caucus budg- ment gave land out to people. They did culture industry that is unparalleled et will go forward to achieve balance, not sell it. When this country was first anywhere in the world. Government but we will show you where the waste established, you got land grants and can step out now. The agriculture does is. We will show you what sensible, there were land rushes, various ways not need to be the second largest bu- compassionate people will look at. that people were almost given the land. reaucracy. Right now the Department We can cut without throwing people Now we have above our heads a real- of Agriculture is the second largest bu- overboard. We can cut and have a bal- ization that above our heads is wealth. reaucracy in the country, second only anced budget, a sensible budget with- The atmosphere above our heads, the to the Pentagon in the number of em- out cutting school lunches, without spectrum can be sold and is being sold. ployees. making the lives of senior citizens mis- Why not find ways to get more revenue Instead of calling for the eradication erable. We do not want to touch Medic- from the leasing or the selling of the of the Department of Education, which aid. We do not want to touch Medicare. spectrum? we need very badly, let us downsize and We can show you what the vision of Technology has brought us to this streamline the Department of Agri- America should really be like. point. The technology was produced by culture. We will show you how to save We represent the caring majority as the genius of people over many, many money in that process. opposed to the oppressive elite major- years, but it has brought us to the We support the collection of fees for ity. Our budget will reflect that. The point where suddenly the atmosphere the difference between current rates caring majority budget will be for all above our heads is valuable. It is worth and market rates for electric power, of the people of America. a great deal of money. Let us find a the various power marketing commis- way to tax that for the benefit of all sions, administrations are giving away f Americans. That is just one of the revenue that could be gained by charg- b 2015 taxes. ing market rates for electricity where Let us place a royalty on all the Federal projects are involved in pricing REAL TAX RELIEF FOR THE products that have been developed with that electricity. AMERICAN PEOPLE Government research. Let us go back We support the maintenance of for- The SPEAKER pro tempore (Mr. and place a royalty on them and let us eign aid at the present level. We sup- BILBRAY). Under the Speaker’s an- make certain that all future products port the continuation of Federal bene- nounced policy of January 4, 1995, the developed with Government research fits to all eligible immigrants. We sup- gentleman from Pennsylvania [Mr. have a royalty on them which exists port the elevation of education and job FOX] is recognized for 60 minutes as the forever, going to the American people, training as the highest priority item in designee of the majority leader. giving the American people the bene- the budget. We are going to offer in- Mr. FOX of Pennsylvania. Mr. Speak- fits of those technological advances. creases. We are going to call for in- er, I appreciate this opportunity to There are a number of ways we could creases in education programs. We speak up on behalf of the American change the tax structure, end personal want Head Start to be available for all people, I think, who are waiting for the income taxes as we know it. Get rid of eligible children, all eligible children. House of Representatives to take its personal income taxes or bring it down We want no cuts in the college student first step towards real tax relief. to such a low level that it is a minor loan programs or the work study pro- The fact of the matter is there are part of the budget by finding other cre- grams or anything related to higher three goals that the American people H 4168 CONGRESSIONAL RECORD — HOUSE April 4, 1995 want us to have. First, they want to The present law requires senior citi- small businesses, the chance to grow, make sure we have deficit reduction, zens, most of them, to pay income tax produce, and hire. they want to make sure we have spend- on up to 85 percent for their Social Se- This is certainly what we want to do, ing cuts, and they want tax cuts. curity benefits. This would roll it back because the backbone of our country We have already passed, within the to 15 percent. are the small businesses. You have Contract With America, $180 billion in It also would raise for the first time heard time and again from the U.S. deficit reduction. We have already Social Security income and allow- Chamber of Commerce and the Na- passed $190 billion in spending cuts. ances. Right now if you are getting So- tional Federation of Independent Busi- What awaits action tomorrow by this cial Security and you are employed, nesses just how important it is to help House of Representatives, Mr. Speaker, you can only make $11,280. Under our our small businesses grow. is the tax cut part, the three parts of proposal tomorrow, this would over 5 We already passed legislation to have the Contract With America to help our years gradually raise to $30,000 that the 25 percent deduction for the insur- senior citizens, to help businesses, to senior citizens could earn. ance paid for by the employers. We help individuals, and to help everyone Not only would it give them the hope that will now go to 100 percent, who lives here in the United States by chance to have more funds to in fact but this is one more way we can help having a better chance to get a job, a pay for expenses—many of them are small businesses in fact meet their ex- better chance to keep a job, and a bet- living on fixed income—but, Mr. penses and be able to meet their pay- ter chance to keep their family to- Speaker, it would also bring more tax roll, and then be able to move on to gether, because these tax credits and dollars into the system. It would ex- new heights. these tax cuts are of real value to the tend the quality and the length of There is also within this legislation, American people. years for our seniors who have given so Mr. Speaker, tax credits for adoption We have seen over the period of time, expenses of up to $5,000; tax credits for much to our country and to each of us. Mr. Speaker, that the government is the care for the elderly. This is very This would also provide, the same too big. It spends too much, and the important to individuals throughout legislation, tax incentives for private American people remain overtaxed. As the country in every single State. long-term care insurance. This would we cut spending, American families de- Mr. Speaker, the fact is we can have serve tax relief. That is why 76 percent improve for health for all Americans. all three with this legislation. We can of the tax cuts go directly to families. Long-term care is always thought of as have our spending cuts, which are very We also want to make sure that when expensive care, but under this tax in- important to trimming an out-of-con- America’s families say good-bye to one centive for private long-term care in- trol Federal budget. We can have our another in the morning, they have surance it would be encouraged. deficit reduction. We also can have our good jobs to head off to. Twenty-four It would also allow for tax-free with- tax cuts. percent of the tax cuts go to job cre- drawals from IRA’s for just this kind of The fact is, without all three, the ation. The tax money is not ours. It be- insurance, long-term care. It would country won’t move forward. New jobs longs to the taxpayers. It is about time also give accelerated death benefits can’t be created, and we won’t realize we cut Government spending, reduce under life insurance contracts. The bill the American dream. the size of the Government, and let would provide terminally or chron- We have other legislation that is people keep more of what they make. ically ill individuals with new means of going to happen after the 100 days. We Our tax cuts, which represent 2 per- paying their increased medical bills are talking about the kind of review cent of Federal spending over the next and living expenses. where we are going to sunset Federal 5 years, are fair, they help Americans Finally, let us talk about capital agencies. The freshman class has come from all walks of life, and they will gains relief. Mr. Speaker, this bill con- forward with the possible dissolution lead to a better future with better jobs. tains four different capital gains provi- or elimination of certain agencies and First, let me speak about the family sions, the most important of which functions, but we have legislation as tax credit. This bill would provide fam- would be a 50 percent capital gains re- well that is going to call for every 7 ilies with a $500 tax credit for each duction for individuals. This would en- years to review Federal regulations, to qualifying child under age 18. This will courage savings, business expansion, review Federal agencies, and to sunset help families with their expenses. and job creation. It also would provide those regulations and those agencies The marriage penalty tax relief: This a 25 percent corporate alternative tax when they are not performing. would make sure that married couples for capital gains. This is all part and parcel of the who file joint returns would be eligible Everyone knows that capital gains is 104th Congress moving forward. I be- to claim an income tax credit. Gen- going to help this country move for- lieve, Mr. Speaker, with the adoption erally the credit is intended to miti- ward. It will be the kind of stimulus of these tax cuts, we will in fact realize gate the unfavorable tax consequences that would encourage investment, sav- the dream that many Americans want that the present law has, which may ings, and new jobs. us to have, to keep the contract. arise when two single workers marry. Within this legislation will be pen- We already had the balanced budget The American dream savings ac- sion reform for the Members of this amendment. We have a line-item veto. count: For so long now, we are talking House. It will call for our pensions to We have prohibited unfunded mandates about in this bill a new savings vehicle be more akin to Federal employees’ being sent back to States and local called the American dream savings ac- and not some bloated pension that was governments. We have had regulatory count. This would permit annual non- in prior Congresses. This is the kind of reform, legal reform. Now we need to deductible contributions of up to $4,000 recovery and reform where we are lead- have the final, 10th item on the con- for a married couple filing a joint re- ing by example, Mr. Speaker. tract for us to deliver on. turn, $2,000 for an individual. This goes part and parcel with the We believe this is legislation, Mr. We are also talking about deductible franking reform we are discussing, and Speaker, that is bipartisan in nature. contributions to spousal IRA’s, individ- we are going to act on; the gift ban we This is not just Republican or Demo- ual retirement accounts. This will in- are going to act on; and campaign re- crat, this is not for liberals or conserv- crease savings and encourage each fam- form we are going to act on. It is part atives, for those who live in the North, ily to prepare for the future. This bill of moving this Congress to the kind of the South, the East, or the West. would permit deductible IRA contribu- new credibility that the American peo- This legislation, this tax program, is tions up to $2000 to be made for each ple want us to have. something that every Member can em- spouse. Mr. Speaker, as well, this legislation brace. We hope that the Senate, once it Senior citizens’ equity: The Repub- would allow for expensing for small is passed in the House, will find favor lican Majority has called for, and this businesses. The bill would increase the with it as well, because the American bill would allow for, the repeal of the amount of property a small business people have, by overwhelming num- 1993 Clinton increase in the amount of can expense. This would have the ef- bers, said a tax cut, as long as you are Social Security benefits which are sub- fect, of course, of encouraging the en- going to have deficit reduction, spend- ject to income taxation. gine of our economy, Mr. Speaker, ing cuts, is consistent with what the April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4169 American dream is all about: expand- Mr. Speaker, I yield to the gentleman vest money in equipment, in machin- ing opportunity, helping us keep jobs from Michigan. ery, in facilities, we see that our mar- and get more jobs, helping us make Mr. SMITH of Michigan. Mr. Speak- ginal tax rate is higher on our busi- sure that each family in fact has the er, I thank the gentleman from Penn- nesses than almost any other country opportunity to help provide for their sylvania [Mr. FOX] for yielding to me. in the world. So what we are doing is children, to make sure they can buy a Mr. Speaker, first let me say that it we are penalizing the business when home, and to make sure that they can is individuals like the gentleman from they buy that machine or that tool or provide for their expenses. Pennsylvania [Mr. JOHN FOX], who are build that new facility to allow their That is what these tax cuts will do, part of the driving force that is keep- workers to work more efficiently, be- give them that kind of flexibility, Mr. ing the momentum going in this Con- cause here is what has happened. Let Speaker. We believe this is a step in gress to do the tough job of cutting me tell you the way it works in this the right direction. No one piece of leg- spending and balancing the budget, and country. islation is going to solve all the prob- at the same time cutting taxes, so my b 2030 lems. It takes cooperation. It is going compliments to the gentleman from to take persistence. However, this leg- Pennsylvania and my colleagues in the We have a Tax Code that says that if islation is a step in the right direction. freshman class. you buy this new machinery and equip- Tax-and-spend prior Congresses have I think the question we really need ment you are going to have to spread been out of touch, been out of control. to address, Mr. Speaker, is what do we the deduction out over the useful life of This 104th Congress has already seen, want, what are we after, what do we that machine or equipment or facility. by bipartisan adoption of the contract want to achieve. I think probably it is That means that as we require them to items which have overwhelming num- a nicer, more friendly, better place to spread this out over 5 or 10 or 15 or 20 bers from the Republican side, and work and to live and to raise our kids. or 30 years that inflation eats up the great numbers, as well, from the Demo- How do we get there, I think is the value of that deduction. cratic side, that we can stop the finger next question. Part of what we need is So what we have in this tax bill that pointing, we can stop the gridlock, and more and better jobs in our society. we are going to start discussing tomor- we can work together for the American Right now that is a real challenge. row is we have a provision that says, people. That is what they want us to What we have seen over the last 40 look, for small businesses, we are going do. years is a situation where we continue to stop penalizing you for buying that They want us to work together. They to increase the taxes on individuals machinery and equipment, and we are want us to make sure when we go to and businesses so that government can going to allow you to deduct that as a Washington, we don’t get caught in do the things that they think are good business expense in the year that you that Beltway mentality of an echo for you. purchase that machinery or equipment chamber that says ‘‘Whatever you are We are suggesting now that we leave or facility, up to $35,000. That stops the doing is fine.’’ We need a make sure we more of that hard-earned money in the penalty. keep track back home, go to those pockets of people that are out there We are additionally saying for that town meetings, and hear what they are working for that money, and let them out-year depreciation we are going to saying. decide how to spend it, instead of this allow you to index that depreciation What I am hearing is they want tax huge, overbloated government bureauc- for inflation so inflation does not eat cuts, but they want to make sure they racy in Washington, DC. up the value of that deduction when are tied to deficit reduction. That is What has happened in this country is you get to it. what this legislation does. Under the our savings rate that used to be high, Here is what the economists say is proposal from the gentleman from we have one of the lowest savings rates going to happen if we pass this bill into Delaware, MIKE CASTLE, and as well out of the industrialized world. When law. It is going to reduce the cost of from the gentleman from Michigan, you add to that low savings rate the machinery and equipment and those fa- FRED UPTON, and also from the gen- fact that the Federal Government is cilities by 16 percent. tleman from New Jersey, BILL MAR- now overspending $300 billion a year, if What is going to happen if we lower TINI, we are going to have that initia- you include what we are borrowing the cost of new, modern, state-of-the- tive within this legislation which will from the Social Security Trust Fund, art tools that we can put in our work- make sure that we tie the tax cuts we we are overspending $300 billion a year, ers’ hands by 16 percent? I will tell you are speaking of to deficit reduction. that in itself is negative savings, so we what is going to happen. Businesses are That is very important for our long- end up, compared to the rest of the G– going to buy more of it. Those manu- term economic health. 7 countries, at the bottom of the totem facturers that produce those tools and However, I believe that you will find pole on savings. That means there is equipment, those builders and workers that senior citizens can certainly find less potential money out there to bor- that build those facilities are going to favor with this. Couples, married, mid- row, to lend. build more of them and produce more dle class individuals, everyone in the The Federal Government now bor- of that machinery and equipment be- economic stream will find that this rows 42 percent of all the money that is cause now there is a higher demand for legislation is going to give us that lent out. Last year, out of every cent it. boost. It is going to give us that hope. and every dollar that was borrowed, The economists project that if we Together with our great community here is the Federal Government saying pass neutral-cost recovery into law and groups that are doing wonderful things ‘‘Hey, we have to have that money, be- if we increase the expensing from the in the private sector to help our com- cause we are doing important things.’’ current $17,500 up to $35,000 and if we munities be strong, we can make sure They are borrowing 42 percent of that stop the penalty of the alternative that we are doing our part by getting dollar. minimum tax, we are going to end up out of the way of business, helping ex- Somehow, Mr. Speaker, we have got with 3 million new additional jobs by pand opportunity, and making sure to expand capital formation in this the year 2000; we are going to increase that House bill 1215, which is the tax country. All economists agree that ex- the average salary, the average wage of cut legislation, will in fact move us panding capital and capital investment these individual workers all across the forward. is the key to economic success. We United States by $3,500; and we are I believe this is a step in the right di- have a low savings rate. The Federal going to expand the gross domestic rection. I would like to call on the gen- Government’s overspending has driven product by $1 trillion. That is going to tleman from Michigan, NICK SMITH, at up the interest rates to businesses. result in increased revenues coming this time to continue this dialogue What can we do to encourage produc- into the Federal Government. with the American people, because we tivity in this country, and allowing our So the point is, as we look at the rest need to make sure, Mr. Speaker, that businesses to be more competitive with of the countries around the world we in fact this legislation is adopted for the businesses in other countries? are, in effect, treating our businesses the benefit of all Americans, and for If you look at the way the United with greater penalties when they buy moving our country forward. States taxes our business when they in- this machinery and equipment. And we H 4170 CONGRESSIONAL RECORD — HOUSE April 4, 1995 cannot continue to do that. It is a post- should not be cut, we should not tam- The long-term care insurance that we war era. It is a situation where every per with all of the things that the Fed- have discussed in the legislation will country now wants to develop the kind eral Government is doing. ease the financial drain on seniors and of laws, the kind of tax policies to at- The fact is that we have had no their families. It will give private, tract capital. shortage for good ideas on good pro- long-term care insurance the same If you look at Adam Smith, Adam grams. We are not only cutting the fat preferable tax treatment as accident Smith says the countries that are now. We are going to move into some and health insurance. It will exclude going to progress and produce those cuts that are going to affect all of from income up to $200 per day in long- jobs are the countries that have the America. It is going to be Americans term care benefits, will allow long- kind of tax policies that attract capital that are going to have to decide, look, term care services to be treated as formation. are we willing to sacrifice a little so medical expenses. Ludwig Vaughn Mises in 1949, when that we do not leave our kids and our I would like to now at this time yield he came to this country, he looked grandkids with this huge mortgage and to the gentleman from Michigan [Mr. around and he said, ‘‘Why is the United this huge debt that is now $5 trillion? SMITH] for further comments regarding States moving ahead of the rest of the I thank the gentleman from Penn- the benefits of this legislation. world?’’ What he said, he said it is be- sylvania for yielding. I think it is so Mr. SMITH of Michigan. I thank the cause we have a policy in this country important that we have this debate, gentleman from Pennsylvania for of encouraging savings and encourag- that we have this discussion, and I ap- yielding. ing capital investment. That is exactly preciate this opportunity, I say to the These are two interesting charts. We what this tax bill does. gentleman from Pennsylvania [Mr. talk about tax day, how long you have I encourage my colleagues to sit to work into the year to use that in- FOX]. down and figure out what can we do as come to pay the Federal Government Mr. FOX of Pennsylvania. I thank a Nation to increase the number of in taxes. Right now, tax day is June 4. the gentleman from Michigan [Mr. jobs, increase the quality of jobs and, Under the administration’s proposal, SMITH] for his leadership, frankly, in ultimately, increase the quality of life. we actually increase taxes; and tax day the House. We have relied on several I would suggest that one part of that by the year 2002 goes to June 7. situation, part of that decision, part of key individuals who are veterans here With this tax bill that we are about that conclusion has got to be treating in Congress to move forward this dia- to pass tomorrow, actually tax day, be- our businesses on our Tax Code similar logue, Mr. Speaker. The gentleman cause of the tax reduction, goes back to what happens in other countries, from Michigan [Mr. SMITH] has cer- to May 26. Some people say maybe that treating our families similar to what tainly been someone in whom we have is not far enough. Maybe we should re- other countries are doing to their fami- relied in the Republican Conference as duce taxes more. But this is a giant lies in terms of the tax obligation. well as the entire House because he has start. If you are an average family now in spoken out for our seniors, for our fam- Members of Congress are not used to the United States with at least one ilies and for our businesses, our small taking away things from people. Our person working, you now pay over 40 businesses that really drive the econ- political careers have sort of depended percent of every dollar you make in omy. on giving more and more to people. taxes. So what this Contract With I wanted, Mr. Speaker, if I could, to I like to use the comparison of the America is suggesting is not only do we continue the dialogue that the gen- Alamo and thinking that maybe one of lower taxes but we cut spending tleman from Michigan [Mr. SMITH] has the reasons those at the Alamo fought enough that we get on the glide path started with regard to some of the so hard was that there was not any toward a balanced budget. That is so other points that were raised in view of back door. But in our Federal Govern- important. the importance of what is happening ment there is a back door, and that I see my colleagues on the liberal here tomorrow on this historic debate back door is taxing and borrowing. So side saying, ‘‘Don’t cut taxes. Don’t cut with regard to tax credits and tax cuts. we have continued to tax and we have taxes.’’ I would simply remind every- The gentleman from Illinois [Mr. continued to borrow to increase the one that it was about a year and a half HASTERT], the lead sponsor of the Sen- propensity that we will be reelected by ago that we had the largest tax in- ior Citizens Equity Act, has said it is doing more things for more people. crease in the history of this Nation, a time to retire the high-tax burden on That has got to come to a stop if we $250 billion tax increase. Some of us on our Nation’s seniors, instead of retiring give a hang about our kids and our the Republican side said, look, since older Americans who want and need to grandkids. the economists say that a tax increase work to remain independent, produc- We have heard a lot of people say, is bad for the economy, should we be tive members of society. That is just ‘‘Look, it is a tax break for the rich.’’ giving a tax decrease as part of our what this tax cut bill will do. Actually, if you look at the tax cut for Contract With America? The over- The bill includes several tax-cut pro- working-class families, if you are a whelming answer was yes. visions designed to allow all Ameri- family making less than $25,000 your The next question was, how do we re- cans, poor, middle class, young and old, taxes are reduced by 100 percent. If you duce taxes? We decided to give it to to keep more of their hard-earned are a family making $30,000, your taxes families and families with kids. We de- money they would otherwise turn over are reduced by 48 percent; $45,000, they cided to give it to senior citizens. We to bureaucrats. are reduced by 21 percent; $50,000, re- decided to give it to businesses in such H.R. 1215 also has the added benefit duced by 17 percent. a way that they are going to expand of reducing the budget deficit. The bill You see on down there, if you are a their jobs and the employment oppor- will include caps on discretionary family making over $200,000, your taxes tunities. That is what the Contract spending that the Congressional Budg- are only reduced by 2 percent. All of With America said. That is what we are et Office says will cut the deficit by $91 the economists have indicated that a doing. billion over 5 years, which is $62 billion tax increase is a depressant on the This week we are taking up that tax more in deficit reduction than Presi- economy. That is where it is important bill, but I need to remind everybody dent Clinton proposed in his budget. that we modify the $250 billion tax in- that being on the glide path to a bal- While H.R. 1215 helps families and crease that we had a year and a half anced budget is just as important as promotes economic growth and in- ago and that we do it in such a way these tax reductions. crease jobs, it also helps millions of that it promotes jobs, promotes busi- The interest on our gross Federal senior citizens. It will make sure that ness and promotes a better life. debt this year is $339 billion; $339 bil- the earnings limit, which has punished I go back to John Kennedy, because lion is 25 percent of all revenues com- low-income seniors, will, in fact, be the idea that reducing taxes was good ing in from all sources to the U.S. Gov- changed. Seniors want to work, and for the economy is not a Republican ernment. We have got to get on this they are needed in the work force. The idea. John Kennedy said that when he glide path. We cannot continue saying earnings limit increase will help all came in, he went and he reduced taxes. that these are good programs, they Americans. This chart just shows what happened April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4171 after the Kennedy tax cuts. The real as I do, to make the tax burden on the do not want to make a family choose gross national product of this country people of this country as low as pos- between paying their rent and putting in 1963 went from 4 percent, in 1964 it sible and that focusing on the so-called money aside for their children’s edu- increased 5 percent and then in 1965 revenue loss leads down a path that cation, to destroy a family’s dream of and 1966 it went on to 6 percent. The asks the question, the wrong question, owning a home. personal savings in billions went up. ‘‘How much does a given tax cut cost A reduced capital gains burden will Business investment, which means government?’’ That is like worrying also be likely to persuade people to jobs, went up. that a bank vault might reduce the in- hold on to their investment longer, Mr. Speaker, I plead with my col- come prospects of a bank robber. thereby increasing economic growth leagues, I plead with the American peo- Our motto instead should be this: and the effect on the entire economy. ple, let’s move ahead, let’s have some ‘‘There is no such thing as govern- When more stocks are bought and held of these tax cuts that are going to pro- ment money, only taxpayers’ money.’’ longer, moreover, interest rates will mote and expand our business, our The burden of proof is on those who tend to be lower as companies will rely economy and the well-being of the would increase taxes. The burden of less on borrowing. As a consequence American people, and let’s go ahead proof is also on those who advocate the same family will find buying a and cut the kind of spending cuts that current rates of taxation in the face of home more affordable. are needed to get us on the glide path rational, just, and economically com- In short, tax cuts start not a vicious to a balanced budget and ultimately pelling arguments in favor of tax cuts. cycle that imperils fiscal stability, but achieve that balanced budget by 2002. In short, we should be cross-examining a chain of prosperity that touches al- These tax cuts do not go into effect government expenditures, not tax cuts. most everyone, children, the parents, until we have passed the bill that lays The Governors think, as I do, that home buyers, and home builders. out and locks in how we are going to taxes are too high. The arguments against tax cuts just reduce spending and get to a balanced In Massachusetts they cut taxes nine do not fly, Mr. Speaker, as they did in budget by the year 2002. times over the past 4 years, and yet Massachusetts, Michigan, Wisconsin, Again I thank the gentleman from they do not face a problem of either de- and New Jersey. There is no either-or Pennsylvania [Mr. FOX] for yielding clining revenues or unbalanced budg- dilemma here when it comes to taxes, and I appreciate this opportunity. ets. In fact their tax revenues have spending, and deficits. They can all be Mr. FOX of Pennsylvania. I thank grown by $2.2 billion over that time pe- cut. Washington has an obligation to Mr. SMITH for his participation in this riod. They have balanced six consecu- meaningful dialogue. The American tive budgets despite the nine tax cuts, follow the States and to do for the people are waiting for what we will do but, in fact, because they have the tax American people what they want, and to not only continue our fight to have cuts. that is to make sure we help get the the reduction in our deficit, a spending In Michigan, 15 tax cuts in 4 years American dream, we achieve it in our cuts reduction but also the third part have turbocharged the State’s economy lifetime, helping our children and which they are looking for now are the to its best performance in a generation. grandchildren by continuing our trend tax cuts, how we will make it possible. These cuts include cutting property of spending cuts, deficit reduction, and We have heard from some on the taxes on homeowners by two-thirds, the tax cuts they want as well. other side of the aisle that say we are Mr. Speaker, eliminating the State’s Mr. Speaker, I say, ‘‘Thank you for going to pay for these tax cuts at the tax on capital gains, cutting property my colleagues for listening and for expense of students. Nothing could be taxes, private pensions and inherit- hopefully voting with us tomorrow to further from the truth. There is no Re- ances. While taxpayers are saving more make a difference for America, to publican proposal to eliminate the Pell than $1 billion annually, State reve- make government smaller and to make Grant Program, the college work study nues have continued to rise in Michi- our dreams brighter.’’ gan. program, or the student loan program. f We are going to continue these pro- In Wisconsin they cut taxes by more than $1.5 billion over the past 8 years, grams and they are very valuable to NATIVE SAMOAN-AMERICAN JTPA including the income tax, capital gains our students. PROGRAM Let me look if I may, Mr. Speaker, to tax, inheritance tax, and gift tax. What some very important individuals who, happened, you say? Their economy cre- The SPEAKER pro tempore (Mr. in fact, are Governors of four States ated new jobs at nearly double the na- BILBRAY). Under the Speaker’s an- who know best what has happened on a tional rate and more new manufactur- nounced policy of January 4, 1995, the State level when they have cut taxes. ing jobs than any other State in the gentleman from American Samoa [Mr. What has happened in four States. I Union. Revenues to State government FALEOMAVAEGA] is recognized for 60 could give now at this time a letter grew by 48 percent, and they balanced minutes as the designee of the minor- which goes to some of the points they their budget each and every year. The ity leader. have made in recent discussions before lesson from Wisconsin is clear: Tax Mr. FALEOMAVAEGA. Mr. Speaker, my colleagues here in the House. cuts help create jobs and opportunity I reserve as much time as I may The four governors we are speaking for families and individuals and more consume and ask unanimous consent to of are William Weld, Tommy Thomp- revenue for government. include extraneous materials. I rise son, John Engler, and Christine Todd In New Jersey they promised to cut today to talk about welfare reform and Whitman. They write in support of the State income taxes by 30 percent, and in particular a JTPA program that is efforts both to cut Federal taxes and Governor Whitman delivered over 3 earmarked for elimination in the Re- reduce the Federal budget deficit. As years to create jobs and spur economic publicans’ rescission bill H.R. 1158. Governors, they have all cut taxes the development through private-sector in- Mr. Speaker, I would like to talk same time. Yet they have also balanced vestment. about a program that provides assist- their budgets. When the people’s money is in the ance to the Samoan-American commu- hands of government, it falls into nity in three States—the Samoan Serv- b 2045 many pits of stagnation dug by Wash- ice Providers Association [SSPA] in They have not accepted the false di- ington bureaucrats. Money in private the State of Hawaii, National Office of chotomy that claims that govern- hands, however, Mr. Speaker, actively Samoan Affairs [NOSA] in San Fran- ments, State or Federal, can only bal- seeks out the entrepreneurial ventures cisco, Los Angeles, Orange County, and ance their budgets, or cut taxes, but of the present day that become the fu- San Diego—the State of California, and not both. They have been able to do ture job creating companies. By over- the American-Samoan Comprehensive both in their State capitals, exactly taxing, government has in its power to Employment Program [ASCEP] in the what we need to do in the Nation’s destroy small business, whether it be State of Washington, a tristate pro- Capital, cut the deficit and cut taxes your home State of California, Mr. gram that assists training and retrain- and cut spending. They believe that Speaker, or my home State of Penn- ing of Pacific Islanders for employment government has a moral responsibility, sylvania. Before it is ever launched, we and community development. H 4172 CONGRESSIONAL RECORD — HOUSE April 4, 1995 Let me begin by stating the state- will have on the local Samoan commu- tended that it was within the jurisdic- ment of purpose of the Jobs Training nities in Hawaii, California, and Wash- tion of the Committee on Interior and Partnership Act [JTPA], and it states: ington. A JTPA program that serves not the Committee on Education and It is the purpose of this Act to establish and has the support of the commu- Labor in order to amend the definition programs to prepare youth and adults facing nity—and all of a sudden we want to of Native Americans. serious barriers to employment for partici- cut it off completely. Let us proceed Today, the program is still scored pation in the labor force by providing job with caution—the people of America under title IV(D), as a discretionary training and other services that will result sent out a clear message when we de- item and the State Department of in increased employment and earnings, in- bated health care reform in the 103d Labor of Hawaii continues to admin- creased educational and occupational skills, and decreased welfare dependency, thereby Congress. Let us not rush into this ister the program. improving the quality of the work force and until we have reviewed these important Why would we seek to include Native enhancing the productivity and competitive- issues. Samoan-Americans in the JTPA Native ness of the Nation. Mr. Speaker, when the JTPA pro- Americans Programs? Because the Mr. Speaker, this is what the JTPA gram for the Samoan-Americans was JTPA-NAP program was established by program is supposed to do, prepare dis- established, the intent was to provide Congress to address the serious unem- advantaged youth and adults by train- an agency that was competent, sen- ployment and economic disadvantages ing them and in some cases retraining sitive and attentive to the needs of the which exist among members of these for entrance into the work force. It is people from the Pacific. Based on the communities, namely Native American the government’s responsibility, to as- 1984–85 Department of Labor study Indians, Native Alaskans, and Native sociate programs and community ‘‘Unemployment, Poverty and Training Hawaiians. And I feel that the needs. The future of our great country Needs of American-Samoans,’’ office Samoans who have migrated from depends on providing our people with personnel in existing services and pro- American Samoa to Hawaii and the the education and skills, in channeling grams knew little about the unique as- United States proper do qualify. our greatest asset—people, to maintain pects of the Samoan culture and tradi- As Members of Congress will testify, our work force, our economy and our tion. Our people found that employ- of all the minority groups in the Unit- communities. This great country is a ment training agencies were not user ed States, Native Americans, Native melting pot of cultures and ethnic friendly and that the environment was Hawaiians and Native Samoan-Ameri- races each contributing something spe- insensitive and not what they were ex- cans suffer the most economically, pri- cial to our country, our communities pecting in terms of receiving help. marily due to educational, cultural, and our workplace to benefit genera- There was a little attempt by employ- and language barriers. I submit to my tions to come. ment programs to overcome this indus- colleagues in the House that 25 percent Why do we have a program that tar- try-wide shortage of Samoan-American or more of the Samoan-Americans pop- gets a special population? Because the staff who could liaison with partici- ulation here is the United States live previous system did not cater for them. pants and organizers. Programs did not in poverty. Because the previous system did not contain a bilingual element—in most An official 1980 census cited 42,000 provide for diversity, sensitivity and cases Samoan-Americans required lan- Samoans in the United States proper. competence. It was made possible by guage training and therefore were at At that stage nearly half of that Sa- federal government oversight to ensure an immediate disadvantage if a pro- moan population was residing in Cali- that the needs of this small population gram lacked this bilingual component. fornia and more than one-third was in was met. They found that the cultural dif- Hawaii. Although severely under- Mr. Speaker, I agree that we must ferences and indifferences for the train- counted, the 1990 U.S. Census cites look at reforming much of our welfare ing needs were not met by JTPA per- 63,000 Samoans now living in the Unit- system and to look to make it equi- sonnel. ed States, an increase of 50.1 percent table and fair, in terms of how it is As a result of this, Mr. Speaker, Sen- over the 1980 statistics, 50 percent live funded and the distribution of those ator INOUYE, helped pass legislation in California, 23 percent in Hawaii and funds for the betterment of society and that provided for a special job training 6.5 percent in Washington. Overall 87.6 local communities. I agree it is time to and employment program for Native percent live in the West region of the hold onto what is right and what Samoan-Americans residing in the United States. works, and to cut off or sift through United States. This is the only JTPA I might also note, Mr. Speaker, that that which impedes the course of ac- program that provides assistance to despite a 95-year relationship between tion of turning our people into produc- Samoan-Americans. American Samoa and the United tive and responsible citizens. I would like to take this opportunity States, the first official census taken Mr. Speaker, the course of action to refresh my colleagues on the history by the U.S. Census Bureau of the terri- that H.R. 1158 proposes is not only ri- surrounding this program and to bring tory was in 1990—only 5 years ago. diculous, but it is dangerous. This Re- them up to date on the success of the Statistics from the Hawaiian oper- publican led Congress has raced ahead JTPA Native Samoan-American pro- ation continue to show that male to complete their Contract with Amer- gram. Samoans have an unemployment rate ica at the expense of many hard-earned In 1988, Senator DANIEL INOUYE of Ha- of over 9 percent while the unemploy- programs. Already we are experiencing waii introduced an amendment to in- ment female rate remains at 12 per- the results of rushed legislation, staff- clude Samoan-Americans in the JTPA cent, both above the national norm. ers too tired to check the bills, Repub- Native American Programs under title More than any other ethnic group, lican legislators who now realize that IV(A) of the JTPA Act. However, by Samoans have substantially higher this rescission bill includes programs the time this amendment passed Con- school dropout rate with higher inci- they had not intended to be affected— gress, the program was funded as a dis- dent rates of gang violence. In excess of now they want to raise amendments cretionary program under title IV(D) of 30 percent of the Samoan population in and reinstate that funding. There is the JTPA Act as a pilot and dem- Hawaii reside in public housing reason for long serious deliberation—to onstration project. projects, and Samoan youths and avoid any loopholes and ensure that In 1991, Senators PAUL SIMON, TED adults rate the lowest in terms in edu- the legislation is in agreement to the KENNEDY and STROM THURMOND in- cational competencies and vocational/ intent. cluded a provision in S. 2055 Job Train- occupational skills. I honestly do not believe that there ing and Basic Skills Act, to amend the Since its inception in 1988, the JTPA has been much thought especially to JTPA Act to include Native Samoan- Samoan Employment and Training the consequences, the long-term ef- Americans and those residing in the Program has begun to address employ- fects, that many of the proposed rescis- United States in the Native American ment and training needs of our people. sions will force upon current and fu- Program. Unfortunately, when the bill Hawaii last year enrolled 360 partici- ture recipients of welfare. went to conference on July 29 to 31, pants and terminated 174. Of the 174 Mr. Speaker, I am deeply concerned 1991, the Samoa-American provision terminated, 98 percent were placed in over the ramifications that H.R. 1158 was defeated. The conferees had con- unsubsidized work averaging $10.65/ April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4173 hour for adults and $8.49/hour for priate training for these people. The preserve this program that has contin- youth. Hawaii program statistics indicate ually proven to be successful while California enrolled 578 participants that the cost per participant was $1,806 moving ahead to improve and provide a against a planned enrollment of 625 and last year. California’s cost per partici- valued community service. terminated 477; 240 participants out of pant was $1,907 with an average cost Mr. Speaker, how can we be sure that the 477 were placed in unsubsidized per participant was $1,643 over that last block granting to State governments jobs, that equates to a 50 percent suc- 3 years. will channel funds to the most needy in cess rate. Mr. Speaker. I submit it would cost our communities? How can we be sure The success of this program is evi- the Federal Government a lot more if that these State governments are dent from the mass mailing my office these people were on welfare. In terms going to spend the money for the ex- received recently because of the rescis- of investment this program sounds like press purpose that Congress intended sions bill: a good return—it is a cost-effective ini- these funds to be spent? What cer- Ms. Paulette Solt, Supervisor Senior Pro- tiative as well as a high yield in turn- tainty is there that we will help the bation Officer of the Juvenile Probation De- ing out productive and responsible citi- minority communities who suffer the partment for the City and County of San zens of our community. most, who put up with the discrimina- Francisco said the program provides, ‘‘coun- Mr. Speaker, many of the graduates tions because of their race, the way seling, remedial education assistance, job of the JTPA Program are now earning they dress, their language, where they education and readiness, and youth employ- decent wages and holding meaningful work, and their gender? ment that is culturally and linguistically relevant.’’ jobs; several have gone on to pursue de- Mr. Speaker, do not place the JTPA Donna Briggs of the Department of Social grees in higher education and some Program in a block grant if you intend Services, also for the City and County of San have even started their own businesses. to have it administered at the State Francisco said, ‘‘Problems I’ve experienced It is evident that the program removes level and on that basis Samoan-Ameri- during the four years that I worked with Sa- members of our community from the cans would have ‘‘zilch’’ representa- moan families, were monumental largely due welfare roles, and more importantly, it tion. Looking at OMB’s Directive 15 to the fact that I am not Samoan and knew will keep them from getting back to Census category of Asians or Pacific Is- nothing about who they are as a people.’’ the welfare rolls. landers [API] American-Samoans were The Mayor’s Office of Community Develop- ment for the City and County of San Fran- Mr. Speaker, I am in strong support 0.86 of 1 percent out of a group that cisco said, ‘‘The employment and training of retaining the JTPA Program be- total about 8 million people. With no program they are currently providing is very cause it provides meaningful training disrespect intended, the political arena successful at placing Samoan American for meaningful employment opportuni- favors the Asian-American population youths and adults into jobs relating to the ties for our citizens. It is a proactive and in terms of allocating resources it training they received as part of their com- training program for youth and adults would appear that Samoan-Americans munity development.’’ and especially their families improving would not receive the attention deserv- The City and County of Los Angeles has their access to employment, improving ing of such a special population. It is the largest Samoan population in the con- tinental U.S. and Shirley Crowe-Massey, their skills and enhancing the competi- interesting to note that the stereo- Principal of the Long Beach Unified School tiveness of our labor force. It takes the typing of Asian and Pacific Island District said, ‘‘Many Samoan youths are at sting out of turbulent years when fami- Americans in the contemporary United risk due to cultural and language barriers. lies are in this transition phase of States has led policymakers and cor- The office of Samoan Affairs addresses the training and settling into new neigh- porate leaders to view this API cat- needs of and provides for Samoan students borhoods. It is a program that supports egory as ‘‘the model’’ for other minor- and their families; it is an organization that community development and cohesive ity groups. On the contrary, Mr. is uniquely equipped to do so.’’ Robert Agres, Jr., Deputy Director of the and it is our responsibility as legisla- Speaker, for some 500,000 Pacific Island City and County of Honolulu Department of tors to ensure that such programs re- Americans, the American experience Human Resources said, ‘‘While Samoans in main part of our community and not be has been one of a vicious cycle of bro- Hawaii have made much progress over the subject to the slash and cut program as ken homes and families, tremendous years in moving towards increased economic outlined in the contract on America. tensions among young people currently independence, they continue to be the most Mr. Speaker, I can only imagine what involved in gangs and drug trafficking, economically and socially disadvantaged effect block granting will have on mi- limited educational opportunities, and ethnic group in the State. Programs, like nority communities. If we choose to simply out of frustration and tensions, that of the [American Samoan JTPA pro- gram], are an investment of federal dollars send block grants to the State level these citizens of our community inevi- . . . they help Samoans to move away from you can bet your bottom dollar that tably become victims of the ‘‘dark the dependence on public support . . . to be- the black community will suffer, the side’’ of life, and simply adding greater come contributors to the economic life of Hispanic community will suffer, the costs to both local, State, and our na- our community.’’ legal immigrant communities will suf- tional government. Mr. Speaker, of concern to many of fer, minority communities will suffer. Mr. Speaker, my office has received the letter writers, from school teach- It is at the local level of our commu- hundreds of letters of support from all ers, to church groups, to probation nities where our concerns are felt and segments of the community, govern- services, to travel agencies, to past and it is here where they should be ad- ment agencies, local referral groups, present participants, was—who would dressed. institutions, church groups—each en- become the intermediary agency Mr. Speaker, the GAO report ‘‘Block dorsing the special expertise that this should the Native Samoan Americans Grants—Characteristics, Experience, program provides. They know of the JTPA Program be cut? and Lessons Learned’’ reinforces many impact that this program achieves be- Mr. Speaker, Before this American of my concerns with block granting. I cause they deal with them on a day-to- Native Samoan JTPA Program was would like to see the local community day basis. We cannot ignore what they here, there were no training programs service providers, the people who give have to say: Don’t close the door. Don’t that address the concerns of American their time and skills, the people who close the door. Samoans, and there were no agencies get their hands dirty, to continue to Mr. Speaker, the success of this pro- familiar in the makeup of Samoan administer these programs without gram can largely be attributed to the Americans in their surrounding com- strings attached—to the State level. I caliber of senior personnel and the per- munities—and this may be very true am not convinced that States have the sonal interests they hold for our Amer- for many of the minority communities vested interest in serving a population ican Samoan people: Mrs. Pat Luce- out there today. There was no one who that is politically and economically in- Aoelua of the National Office of Sa- could identify with the cultural aspect significant or if it can operate with the moan Affairs [NOSA] has been in the and the embodiment of being Samoan. same efficiency and effectiveness. Let business of caring, education, and But, we now have the Samoan Amer- us not gag programs that we know counseling our people for over 20 years. ican JTPA Program producing promis- make a difference in motivation, in She has carried out many research ing results, considering the difficulties personal self esteem, in positive rein- projects from cultural awareness to in obtaining data and preparing appro- forcement and outlook on life. Let us mental health training and has been on H 4174 CONGRESSIONAL RECORD — HOUSE April 4, 1995 call as a consultant to many of the erty and Training Needs of American According to the 1990 U.S. Census, 25% of local Federal agencies in California. Samoans’’ study by the U.S. Department of American Samoans lived in poverty in the Bill Emmsley of the Samoan Service Labor as mandated by Congress in 1984. This United States compared to 10% for the total Providers Association [SSPA] has also study was conducted by Northwest Labora- U.S. population. One out of every four Amer- been very instrumental in reaching out tory. ican Samoan families live in poverty. The The findings of the Department of Labor rate of poverty for the individual for Amer- to our community in Hawaii. His in- study indicate that American Samoans are ican Samoans is 26% as compared to 13% for volvement also stems back to over 20 not making dramatic inroads into local labor the total U.S. population. 9.9 percent of all years and has a strong commitment to markets, and predict that, based on demo- American Samoans in the labor force are un- employment training. graphic factors such as American Samoans employed, a rate of 150 percent of the overall Many of SSPA’s participants have residing in the United States live in urban, U.S. unemployment rate of 6.3 percent. gone onto community colleges and economically depressed areas; they are dis- The action by the House Committee in this even to university. SSPA recently persed throughout the states and therefore matter was not only ill-advised, insensible graduated 17 participants from one of are not visible in substantial numbers such and reckless, but also insensitive to the con- its entrepreneur training programs. In as other large minority groups to be ad- tinuing needs of the American Samoan popu- Seattle the operation is cared for by dressed by the Service Delivery Areas within lation, a high risk population. With the tre- the JTPA structure. The American Samoans mendous pressure in Washington to reduce Logologo Sa’au, Jr. Although smaller continue to ‘‘fall through the cracks.’’ The spending, it appears that programs with very in size, the operation in Seattle is just problems currently exhibited by American little political pressure/influence are mind- as important. Remember this is a tri- Samoan will continue into the future unless lessly being eliminated regardless of their State program, the only program culturally relevant programs are structured. benefits to the various communities across reaching out to many of your constitu- Various studies have shown that American the country. ents who are American Samoans. Samoan adults encounter difficulties in find- The perception of the American Samoan In closing Mr. Speaker, I would like ing and maintaining jobs because they lack Program by the House Subcommittee as a to share a few lines from a letter that training, job information, and knowledge on political ‘‘luxury’’ that Congress can no how to access resources, providing training longer afford is irresponsible. To this eco- speaks out in strong support of the Sa- and employment information. nomically disadvantaged American Samoan moan-American JTPA program. From But American Samoans in general do not population, the Program is the lifeblood of the mayor’s Office of Community De- utilize educational training and employment their livelihood. To its many participants, velopment, City and County of San services commensurate with their numbers the Program has made the difference for Francisco: of needs, according to the DOL-commis- their success in not only finding but keeping . . . attests to the fact that the [Samoan- sioned study. As it is implemented, the Job a job. To the very few, it’s the opportunity American JTPA program] has an excellent Training Partnership Act exists to provide to improve the quality of their lives and that operation as we have witness[ed] for the past employment and training services to individ- of their families. All of them consider the 3 years. The employment and training pro- uals and groups with socioeconomic charac- Program as a serious and meaningful com- gram they are currently providing is very teristics, such as American Samoans. mitment by the Congress to reach out and successful at placing Samoan-American Unfortunately, available evidence indi- help a struggling, underemployed and under- Youths and Adults into jobs relating to the cates that the present and future needs of served, at-risk-population of indigenous peo- training they received as part of their com- American Samoans residing in the United ple to the United States. Assuredly, the Pro- munity development. This is a program that States cannot be effectively met by existing gram has gone far more than it is simply an we can all be proud of as they continue to JTPA traditional services. aid for this group who ostensibly ‘‘fall provide outstanding counseling, education The Department of Labor found that per- through the crack’’ of governmental, main- and training to this economically disadvan- sonnel in existing services and programs stream programs. It has become a symbol of taged population. know little about the unique aspects of Sa- governmental foresight and responsiveness moan culture and tradition. Research also to the concerns and needs of this indigenous Mr. Speaker, I include for the indicates that there have been few outreach population of Native Americans. RECORD statements on this subject efforts and only isolated attempts to hire I have received numerous letters and tele- from program directors Pat Luce- American Samoan program staff or to in- phone calls from the participants of the Sa- Aoelua for California, and Bill crease American Samoan participation in moan Program, past and present, and from Emmsley for Hawaii. programs. Due to these failures, local Amer- the Samoan traditional leaders. They ex- Mr. Speaker, I yield back the balance ican Samoan communities lack knowledge pressed their concerns and disappointments of my time, and I thank you for your about the range of existing services and con- with regard to the present situation. It is not sequently, participation is low. an exaggeration to say, Mr. Chairman, that patience and attention. On the other hand, those programs do not my people also expressed high regards for the STATEMENT BY NATIONAL OFFICE OF SAMOAN offer ESL training targeted for American Sa- Program and held steadfastly to the notion AFFAIRS, INC., CALIFORNIA ADDRESSING H.R. moan-speaking adults and youths. Since that the American Samoan JTPA Program 1158 AND 1159 JOB TRAINING PARTNERSHIP many American Samoans require language represented a serious commitment by the ACT training, in addition to technical training, Federal Government to provide economically On March 16, 1995, the House of Representa- they cannot easily participate in other pro- and educationally disadvantaged American tives adopted two rescission bills (HR 1158 grams lacking an English-Samoan bilingual Samoans with skills and support services and HR 1159) relating to the Job Training component. The data indicate, American Sa- necessary to succeed in the labor market. Partnership Act. Certain provisions of the moan communities in the United States have Although we understand and appreciate HR 1158 eliminated funds specifically ear- high proportions of hard-to-train, hard-to- the need for the Federal Government to re- marked by Congress for the American Sa- place persons. Because of the JTPA funding form the JTPA system through consolida- moan Job Training and Employment Pro- evaluation criteria, this makes American tion or elimination of unnecessary or inef- gram. Samoans high-risk participants in programs fective programs, we know, for good reasons, As the Executive Director of the National sponsored by the general community. These that the American Samoan Program is not Office of Samoan Affairs which administers same criteria makes American Samoan com- one of them. I am proud to say that in Cali- the American Samoan JTPA Program in the munity sponsored program high-risk com- fornia, the American Samoan Program has State of California, I am aware of the dis- pared to programs which serve other minori- been a big success. For a brief example, our appointments and dissatisfactions expressed ties. It is for these reasons, then in 1988 and program has enrolled 3,472 adult and youth by members of Congress with the level of ac- more so now, with one of the youngest popu- participants and placed a total of 1,247 in em- complishments and the number of successes lation in the U.S., median age 21, that the ployment since the program’s inception in attained by the JTPA system as a whole. I existing American Samoan JTPA Program is 1988. These figures are higher than the na- can also understand and appreciate the fer- so important to American Samoans in the tional level. Unsubsidized placement for the vor of Congressional effort to reform the sys- United States. past 3 years was met at 109%, 129% and 102%. tem through either rescinding or reducing The large family sizes and low income Our data also shows that during the last 3 funds for the JTPA Program. However, I find place many American Samoan families program years, it costs the Program an aver- it extremely perplexing to accept the House below the established poverty levels. Accord- age of $2,258 for an adult participant to go Committee’s decision to rescind the funds for ing to the 1980 Census Bureau, the percent- through the program and find a job, while it the American Samoan JTPA Program since age of American Samoans living in poverty costs $1,643 for a youth participant. Both Congress, by its own initiative and foresight, in the United States was 27.5%, compared to cost factors are far below the national level. had adopted legislation, signed into law by 9.6% for the total U.S. population. After 10 The existing program’s outcome fully dem- President Ronald Reagan, authorizing spe- years, the incidence of extreme poverty for onstrates the cost effectiveness as well as cial funding for the American Samoan JTPA American Samoans is still about the same, the successes that would not have come Program in 1988. This enactment was based 140 percent higher than for the country as a about had it not been for the American Sa- on the findings of the ‘‘Unemployment, Pov- whole. moan JTPA Program. April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4175 Mr. Chairman, we strongly recommend the 1995, which Congress passed with strong bi- life skills toward ‘‘self-sufficiency’’, but they reinstatement of the American Samoan partisan support last year. I justify my re- would also enhance the quality of our labor JTPA in its present form. The proposed quest based on the following reasons: force which benefits our private sector statement is consistent with the historical On April 17, 1900, the ‘‘Stars and Stripes’’ through competitive selection. So, you see, precedents of the U.S. Government designed waved proudly over American Samoan soil: we are not asking to sustain a ‘‘pork’’ pro- to protect the people of American Samoa. Since, the Samoans have fought coura- gram nor for a handout, but a ‘‘win-win’’ pro- American Samoans are legally recognized as geously in all of our country’s wars in the gram that addresses both the public’s edu- nationals of the United States, and author- defense and the preservation of freedom and cational and training need as well as the pri- ity over American Samoa is vested in the of our ‘‘way of life’’. In fact, during the Viet- vate sector’s; and, President. nam War (on a per capita basis) there were Finally, our program has proven to be The natives of American Samoa are Native more American Samoans killed or wounded working extraordinary given the level in Americans and are entitled to ask Congress in battle than any other ethnic group in our which participants entered; their employ- for special consideration based on what Con- country. Our unwavering patriotism and love ment barriers; and educational deficiencies. gress said that it has ‘‘a special responsibil- for our country is very much evident. It is Last year’s (PY ’93–’94) JTPA efforts pro- ity for the Samoan people that grows out of through our mutual Deed of Cession, the duced superb outcome performances: we en- the treaties of friendship and commerce ne- United States of America signed its obliga- rolled, in our state alone, a total of 360 par- gotiated in the last century and the trust re- tion to be the custodian of American Sa- ticipants and terminated 174 participants. Of lationship created when the islands were moa’s education and welfare affairs. This the 174 terminated, 98% were placed in ceded to the United States in early 1900s trust has been honored by the United States unsubsidized work averaging $10.65/hour (for (H.R. 97–889, 1982:109–110). since, and we hope it continues to be; adults) and $8.49/hour (for youth). Of the 98% With more American Samoans living in the Unlike other American indigenous groups placed, 31% were on various public assistance United States than in American Samoa, with such as, the Native American Indians, Native programs and with remaining percentage of the largest concentration living in the State Eskimos, etc., they have received special having multiple employment-barriers at the of California, the Government of the United recognition and preferred treatment, and time of their enrollment. Contrary to popu- States, through this program, will begin to thus, have numerous federal programs at lar belief, our JTPA program has operated meet its responsibility to this Native Amer- their disposal to service their respective efficiently and effectively, and has continued ican population in the U.S. communities. Believe it or not, JTPA is the to fulfill the purpose of JTPA above and be- On behalf of the American Samoan Com- only program that is currently serving the yond its measurable expectations. munity in California, we thank you. American Samoan community in the entire Therefore, as data indicate, our JTPA pro- Soifua ma is Manuia (Long Life and Good United States of America. Dreadfully, the gram has worked marvelously throughout Health to You) current proposal (H.R. 1158 as reported), if it the years, and will continue to provide sub- PAT H. LUCE, passes, will totally eliminate the only pro- stantial opportunities for our disadvantaged Executive Director. gram that is helping our communities (Ha- community in our state. Having completely waii, California and Seattle) to realize the eliminate the only program that is now serv- SAMOAN SERVICE PROVIDERS ASSO- American dream. One in every four Amer- ing our community will have devastating CIATION (SSPA), SAMOAN TRAIN- ican Samoan families are under poverty impact socially, economically, as well as po- ING & EMPLOYMENT PROGRAM which is well below the national norm, and litically. So please, we urge you and the rest (STEP), we have the highest unemployment rate and of your committee to reconsider the current Honolulu, HI, March 26, 1995. high school drop-out among all other ethnic proposal which unjustifiably eliminate the Hon. ROBERT LIVINGSTON, groups nationally; American Samoan’s JTPA program totally Chairman, Appropriations Committee. Furthermore, as ‘‘welfare reforms’’ are and reinstate the already allocated $5 mil- DEAR MR. LIVINGSTON: As the Executive being debated in Congress, the American lion. Director of the Samoan Service Providers Samoans have consistently advocated for Your serious consideration is most greatly Association, an established community- JTPA programs as a means to the end. We appreciated. based non-profit organization in the State of deliberately did not opt for social service Sincerely, Hawaii, I am writing to urge you to help pre- oriented programs, because we vehemently WILLIAM T. EMMSLEY, Jr., serve (reinstate) $5 million in funding for the believed that by teaching specific skills, Executive Director. American Samoan JTPA program for fiscal JTPA participants would not only learn long

[From the National Office of Samoan Affairs]

TABLE 1.—GOAL ANALYSIS AND PARTICIPATION SUMMARY OF THE NATIVE AMERICAN SAMOAN JTPA PROGRAM IN STATE OF CALIFORNIA

Enrollment data Terminations Unsubsid. placement Program Act. Pln. Percent Act. Pln. Percent Act. Pln. Percent

1988–89 ...... 237 237 100 148 148 100 113 113 100 1989–90 ...... 391 364 107 264 364 73 171 143 120 1990–91 ...... 604 480 126 361 480 75 176 243 72 1991–92 ...... 878 520 169 533 520 103 243 223 109 1992–93 ...... 784 572 137 701 572 123 304 235 129 1993–94 ...... 578 625 92 477 572 83 240 235 102 6-program year totals ...... 3,472 2,798 124 2,484 2,656 94 1,247 1,192 105

Program Year 1988 was the beginning of mer youth participants were carried over to TABLE II.—GOAL ANALYSIS AND PERFORMANCE ACHIEVE- the Native American Samoan JTPA Program the next program year, which resulted in MENT SUMMARY FOR PARTICIPANTS OF THE NATIVE in California. Since that time, 3,472 Native higher enrollment for the next beginning AMERICAN SAMOAN JTPA PROGRAM IN THE STATE OF American Samoan residents in the Counties year. For those years, enrollments were con- CALIFORNIA FOR THE LAST 3 YEARS—Continued of San Francisco, Los Angeles, Orange Co. sistently high and terminations dropped and San Diego have participated in the Pro- slightly. Indicator description PY 1991– PY 1992– PY– 3-PY av- gram, receiving training and employment Unsubsidized Placement, however, except 92 93 1993–94 erage for 1990–1991 PY was consistently above Plan. services it offers. Adult employability en- This Table shows the administering agen- We closed out the 6 Program Year Total with hancement rate (per- cy, the National Office of Samoan Affairs, 105% achievement of Plan for Unsubsidized cent) ...... 103 108 114 108 Placement. Adult cost per entered em- has consistently surpassed their set goals, in ployment ...... $1,723 $2,299 $2,753 $2,258 all measuring categories of activities. En- [From the National Office of Samoan Youth entered employment rollment is consistently above the Plan Affairs] rate (percent) ...... 107 137 226 157 Youth employability en- which resulted in 124% overall performance hancement rate (per- in a 6 year period. Terminations is slightly TABLE II.—GOAL ANALYSIS AND PERFORMANCE ACHIEVE- cent) ...... 153 151 121 142 Youth cost per positive below Plan with 94% as a result of partici- MENT SUMMARY FOR PARTICIPANTS OF THE NATIVE termination ...... $1,564 $1,458 $1,907 $1,643 pants lacking employable skills, insignifi- AMERICAN SAMOAN JTPA PROGRAM IN THE STATE OF cant work history and limited education CALIFORNIA FOR THE LAST 3 YEARS TABLE II shows an average of 89% of Adult which necessitates longer occupational/skill participants entering unsubsidized employ- training period and remediation. In addition, Indicator description PY 1991– PY 1992– PY– 3-PY av- ment at a Cost of $2,258 per participant and our Summer Youth Program started two 92 93 1993–94 erage 157% of Youth participants at a Cost Factor weeks prior to the closing of our 1990, 1991 Adult entered employment of $1,643. Both Cost Factors are far BELOW and 1992 program year. The outcome is, sum- rate (percent) ...... 87 96 84 89 national level. H 4176 CONGRESSIONAL RECORD — HOUSE April 4, 1995

LEAVE OF ABSENCE Mr. EDWARDS, for 5 minutes, today. The motion was agreed to; accord- By unanimous consent, leave of ab- Mr. GENE GREEN of Texas, for 5 min- ingly (at 9 o’clock and 9 minutes p.m.), sence was granted to: utes, today. the House adjourned until tomorrow, Mr. MCDADE (at the request of Mr. Mr. DEUTSCH, for 5 minutes, today. Wednesday, April 5, 1995, at 11 a.m. ARMEY) for today, on account of ill- Ms. JACKSON-LEE, for 5 minutes, f ness. today. Mr. HILLIARD, for 5 minutes, today. EXECUTIVE COMMUNICATIONS, Mr. TORRES (at the request of Mr. ETC. GEPHARDT) for today, on account of a Mrs. CLAYTON, for 5 minutes, today. medical emergency in the family. Mrs. THURMAN, for 5 minutes, today. Under clause 2 of rule XXIV, execu- Mr. RUSH (at the request of Mr. GEP- Ms. LOFGREN, for 5 minutes, today. tive communications were taken from HARDT) for April 3 and 4, on account of Mr. BISHOP, for 5 minutes, today. the Speaker’s table and referred as fol- personal business. Mr. OBERSTAR, for 5 minutes, today. lows: Mr. SAWYER, for 5 minutes, today. f 682. A letter from the Comptroller General Mr. MEEHAN, for 5 minutes, today. of the United States, the General Accounting SPECIAL ORDERS GRANTED (The following Member (at his own Office, transmitting a review of the Presi- request) to revise and extend his re- dent’s third special impoundment message By unanimous consent permission to marks and include extraneous mate- for fiscal year 1995, pursuant to 2 U.S.C. 685 address the House, following the legis- rial:) (H. Doc. No. 104–58); to the Committee on Ap- lative program and any special orders propriations and ordered to be printed. Mr. WARD, for 5 minutes, today. 683. A letter from the Chairman, Joint heretofore entered, was granted to: (The following Member (at her own (The following Members (at the re- Chiefs of Staff, transmitting a copy of a re- request) to revise and extend her re- port to the Congress entitled, ‘‘1995 Force quest of Mr. TIAHRT) to revise and ex- marks and include extraneous mate- tend their remarks and to include ex- Readiness Assessment’’; to the Committee rial:) on National Security. traneous matter:) Ms. ROS-LEHTINEN, for 5 minutes, 684. A letter from the Directors of Congres- Mr. WELDON of Florida. today. sional Budget Office and Office of Manage- Mr. LIGHTFOOT. ment and Budget, transmitting a joint re- f Mr. GOODLATTE. port on the technical assumptions to be used Mr. LIVINGSTON. EXTENSION OF REMARKS in preparing estimates of national defense Mrs. JOHNSON of Connecticut. function (050)—outlays for fiscal year 1996, By unanimous consent, permission to Mr. SMITH of New Jersey. pursuant to Public Law 101–189, section 5(a) revise and extend remarks was granted (103 Stat. 1364); to the Committee on Na- Mr. SOLOMON, in two instances. to: tional Security. Mr. WOLF. (The following Members (at the re- 685. A letter from the Employee Benefits Mr. BAKER of California. quest of Mr. BECERRA) and to include Manager, Farm Credit Bank of Columbia, Mr. LIGHTFOOT. extraneous matter:) transmitting information on the retirement Mr. GILMAN, in two instances. and thrift plans of the Farm Credit Bank of Mr. MINGE, in two instances. Mr. PACKARD. Columbia and the audited financial state- Mr. MILLER of California. Mr. FIELDS of Texas, in two in- ment as of August 31, 1994, pursuant to 31 Mr. RANGEL. stances. U.S.C. 9503(a)(1)(B); to the Committee on Mr. REED. (The following Members (at the re- Government Reform and Oversight. Mr. VISCLOSKY. 686. A letter from Director, Institute of quest of Mr. THORNBERRY) to revise and Mr. MENENDEZ. Museum Services, transmitting the annual extend their remarks and to include ex- Mr. HAMILTON. report under the Federal Managers’ Finan- traneous material:) cial Integrity Act for fiscal year 1994, pursu- Mr. TORRES, in two instances. Mr. THORNBERRY, for 5 minutes, ant to 31 U.S.C. 3512(c)(3); to the Committee Mr. ACKERMAN. today. on Government Reform and Oversight. Mr. KENNEDY of Rhode Island. Mr. MCINTOSH, for 5 minutes, today. 687. A letter from the Administrator, Gen- Mr. SANDERS. Mr. SHADEGG, for 5 minutes, today. eral Services Administration, transmitting Mr. LANTOS, in two instances. an informational copy of a construction pro- Mr. MARTINI, for 5 minutes, today. Mr. FRANK of Massachusetts. spectus for the U.S. Secret Service adminis- Mr. TALENT, for 5 minutes, on April 6. Mr. RICHARDSON. tration building, Beltsville, MD, pursuant to Mr. BILIRAKIS, for 5 minutes, on April Mr. BORSKI. 40 U.S.C. 606(a); to the Committee on Trans- 7. portation and Infrastructure. Ms. LOFGREN. Mr. KINGSTON, for 5 minutes, today. 688. A letter from the Secretary of Trans- (The following Member (at his own Mr. BURTON of Indiana, for 5 minutes portation, transmitting a draft of proposed request) to revise and extend his re- each day, on April 4, 5, and 6. legislation to provide for the certification by marks and include extraneous mate- Mr. MILLER of Florida, for 5 minutes, the Federal Aviation Administration of air- rial:) today. ports serving commuter air carriers, and for Mr. BARTLETT of Maryland, for 5 min- other purposes; to the Committee on Trans- (The following Members (at the re- utes, today. portation and Infrastructure. quest of Mr. BECERRA) to revise and ex- f tend their remarks and include extra- f neous material:) ENROLLED BILLS SIGNED REPORTS OF COMMITTEES ON Mr. BECERRA, for 5 minutes, today. PUBLIC BILLS AND RESOLUTIONS Mr. THOMAS, from the Committee Mrs. COLLINS of Illinois, for 5 min- Under clause 2 of rule III, reports of utes, today. on House Administration, reported that that committee had examined and committees were delivered to the Clerk Mr. VOLKMER, for 5 minutes, today. found truly enrolled a bill of the House for printing and reference to the proper Mr. LIPINSKI, for 5 minutes, today. of the following title, which was there- calendar, as follows: Mr. POSHARD, for 5 minutes, today. upon signed by the Speaker: Mr. SOLOMON: Committee on Rules, Mrs. SCHROEDER, for 5 minutes, House Resolution 128. Resolution providing today. H.R. 831. An act to amend the Internal Revenue Code of 1986 to permanently extend for consideration of the bill (H.R. 1215) to Mr. WARD, for 5 minutes, today. the deduction for health insurance costs of amend the Internal Revenue Code of 1986 to Mr. DURBIN, for 5 minutes, today. self-employed individuals, to repeal the pro- strengthen the American family and create Ms. DELAURO, for 5 minutes, today. vision permitting nonrecognition of gain on jobs (Rept. 104–100). Referred to the House Mr. STUPAK, for 5 minutes, today. sales and exchange effectuating policies of Calendar. Mr. SCHUMER, for 5 minutes, today. the Federal Communications Commission, f Mr. DEFAZIO, for 5 minutes, today. and for other purposes. Mr. OLVER, for 5 minutes, today. f PUBLIC BILLS AND RESOLUTIONS Mr. SKAGGS, for 5 minutes, today. Under clause 5 of rule X and clause 4 Mr. WYNN, for 5 minutes, today. ADJOURNMENT of rule XXII, public bills and resolu- Ms. ROYBAL-ALLARD, for 5 minutes, Mr. FALEOMAVAEGA. Mr. Speaker, tions were introduced and severally re- today. I move that the House do now adjourn. ferred as follows: April 4, 1995 CONGRESSIONAL RECORD — HOUSE H 4177

By Mr. HUTCHINSON (for himself, Mr. By Mr. LIGHTFOOT: H.R. 394: Mr. BRYANT of Tennessee, Mr. INGLIS of South Carolina, Mr. H.R. 1392. A bill to enhance the safety of UPTON, Mr. BLILEY, Mrs. MINK of Hawaii, Mr. CANADY, Mr. HOEKSTRA, Mr. POSHARD, air travel through a more effective Federal SOLOMON, and Mrs. SEASTRAND. Mr. GOSS, Mr. PARKER, Ms. DANNER, Aviation Administration, and for other pur- H.R. 468: Mr. BURTON of Indiana, Mr. NEY, Mr. DICKEY, Mr. JACOBS, Mr. WAMP, poses; to the Committee on Transportation and Mr. TRAFICANT. Mr. HASTINGS of Washington, and Mr. and Infrastructure. H.R. 500: Mr. MCINNIS. CHRISTENSEN): By Mr. ROSE: H.R. 580: Mr. LUCAS, Mr. EMERSON, Mr. H.R. 1383. A bill to amend the formula for H.R. 1393. A bill to direct the Secretary of HOLDEN, Mr. PETERSON of Florida, Mrs. determining the official mail allowance for the Army to carry out an environmental res- VUCANOVICH, Mr. BATEMAN, Mr. SOLOMON, Members of the House of Representatives, toration project at the eastern channel of and Mr. MARTINEZ. and to require that unobligated funds in the the Lockwoods Folly River, Brunswick H.R. 612: Mr. JOHNSON of South Dakota. official mail allowance of Members be used County, NC; to the Committee on Transpor- H.R. 645: Ms. LOWEY and Mr. FARR. to reduce the Federal deficit; to the Commit- tation and Infrastructure. H.R. 662: Mrs. CHENOWETH, Mr. COOLEY, and tee on House Oversight. By Mr. DEUTSCH: Mr. JEFFERSON. By Mr. HUTCHINSON (for himself, Mr. H. Con. Res. 55. Concurrent resolution re- H.R. 696: Mr. JOHNSON of South Dakota and EDWARDS, and Mr. SENSENBRENNER): questing the President to return the enrolled Mr. HILLEARY. H.R. 1384. A bill to amend title 38, United bill (H.R. 831), and providing for its H.R. 752: Mr. SHAW, Mr. RAHALL, Mr. EN- States Code, to exempt certain full-time reenrollment without the targeted tax bene- SIGN, Mr. CLEMENT, and Mr. NEAL of Massa- health-care professionals of the Department fit contained therein; to the Committee on chusetts. of Veterans Affairs from restrictions on re- Ways and Means, and in addition to the Com- H.R. 773: Mr. DOYLE, Ms. FURSE, and Ms. munerated outside professional activities; to mittee on House Oversight, for a period to be LOWEY. the Committee on Veterans’ Affairs. subsequently determined by the Speaker, in By Mr. EDWARDS (for himself and Mr. H.R. 774: Mr. THORNBERRY. each case for consideration of such provi- LLARD MONTGOMERY): H.R. 850: Mr. A . sions as fall within the jurisdiction of the H.R. 867: Mr. DOYLE and Mr. BLUTE. H.R. 1385. A bill to amend title 38, United committee concerned. H.R. 1020: Mr. COLLINS of Georgia, Mr. States Code, to improve the delivery of By Mr. STUPAK: LAHOOD, Mr. CLYBURN, Mr. PICKETT, Mr. health care to veterans, and for other pur- H. Con. Res. 56. Concurrent resolution ex- EHLERS, Mr. FOGLIETTA, Mr. ZELIFF, Mr. poses; to the Committee on Veterans’ Af- pressing the sense of the Congress that rural CALLAHAN, Mr. SENSENBRENNER, Mr. fairs. health care should be addressed in any Fed- FUNDERBURK, Mrs. MYRICK, Mr. HEINEMAN, By Mr. ARCHER: eral health care legislation; to the Commit- Mr. FOX, Mr. SPENCE, Mr. BORSKI, Mr. H.R. 1386. A bill to amend section 353 of the tee on Commerce. Public Health Service Act to exempt physi- LATOURETTE, Mr. RUSH, Mr. KLINK, Ms. ROS- cian office laboratories from the clinical lab- f LEHTINEN, Mr. HILLIARD, Mr. LIPINSKI, Ms. oratories requirements of that section; to BROWN of Florida, Mr. TAUZIN, Mr. MCCRERY, the Committee on Commerce. PRIVATE BILLS AND Mr. CAMP, Mr. BAKER of Louisiana, Mr. By Mr. BARRETT of Wisconsin (for RESOLUTIONS WELDON of Florida, Mr. HEFNER, Mr. BISHOP, himself and Mrs. MALONEY): Mr. PAYNE of Virginia, Mr. TAYLOR of North H.R. 1387. A bill to amend the Congres- Under clause 1 of rule XXII, private Carolina, Mr. BLUTE, and Mr. LINDER. sional Budget Act of 1974 to establish a proc- bills and resolutions were introduced H.R. 1024: Mr. GALLEGLY. ess to identify and control tax expenditures; and severally referred as follows: H.R. 1039: Mr. CALVERT and Mr. INGLIS of to the Committee on the Budget, and in ad- By Mr. CLYBURN: South Carolina. dition to the Committee on Rules, for a pe- H.R. 1394. A bill to authorize the Secretary H.R. 1041: Mr. CALVERT and Mr. INGLIS of riod to be subsequently determined by the of Transportation to issue a certificate of South Carolina. Speaker, in each case for consideration of documentation with appropriate endorse- H.R. 1042: Mr. CALVERT and Mr. INGLIS of such provisions as fall within the jurisdic- ment for employment in the coastwise trade South Carolina. tion of the committee concerned. for the vessel Bewildered; to the Committee H.R. 1045: Mr. BACHUS and Mr. KOLBE. By Mr. CLINGER (for himself, Mrs. on Transportation and Infrastructure. H.R. 1104: Mr. HANCOCK, Mr. ZIMMER, Ms. COLLINS of Illinois, Mr. SPENCE, and By Mr. LIVINGSTON: FURSE, Mr. COBURN, Ms. DANNER, Mr. AL- Mr. DELLUMS) (all by request): H.R. 1395. A bill to authorize the Secretary LARD, and Mr. RIGGS. H.R. 1388. A bill to revise and streamline of Transportation to issue a certificate of H.R. 1147: Mr. PALLONE, Mr. SERRANO, Ms. the acquisition laws of the Federal Govern- documentation with appropriate endorse- WOOLSEY, and Mr. HINCHEY. ment, and for other purposes; to the Com- ment for employment in the coastwise trade H.R. 1160: Mr. BROWN of Ohio. mittee on Government Reform and Over- and fisheries for the vessel Shaku Maru; to H.R. 1201: Mr. MARTINEZ. sight, and in addition to the Committees on the Committee on Transportation and Infra- H.R. 1208: Mr. INGLIS of South Carolina. National Security, the Judiciary, Small structure. H.R. 1229: Mr. BALDACCI, Ms. LOFGREN, Mr. Business, Science, and International Rela- By Mr. SHAW: SERRANO, Mr. POMEROY, and Mr. FARR. tions, for a period to be subsequently deter- H.R. 1396. A bill to authorize the Secretary H.R. 1232: Mr. HASTINGS of Washington and mined by the Speaker, in each case for con- of Transportation to issue a certificate of Mr. RADANOVICH. sideration of such provisions as fall within documentation with appropriate endorse- H.R. 1279: Mr. STUMP, Mr. BALLENGER, Mr. the jurisdiction of the committee concerned. ment for employment in the coastwise trade WAMP, Mr. CHRISTENSEN, and Mr. MCCRERY. By Mr. HINCHEY (for himself, Mr. for the vessel Fifty One; to the Committee on H.R. 1297: Mr. LIPINSKI and Mr. FATTAH. SANDERS, Mr. BROWN of California, Transportation and Infrastructure. H. Con. Res. 23: Mr. INGLIS of South Caro- Mr. FROST, Mr. FATTAH, Mr. OWENS, lina, Mr. LONGLEY, Mr. LUTHER, Mr. LAHOOD, Ms. VELA´ ZQUEZ, Mr. UNDERWOOD, and f Mr. NADLER, Mr. TAYLOR of Mississippi, and Mr. MARTINEZ): H.R. 1389. A bill to amend the Internal Rev- ADDITIONAL SPONSORS Mr. HASTINGS of Washington. H. Con. Res. 35: Mr. BROWN of Ohio. enue Code of 1986 to expand the availability Under clause 4 of rule XXII, sponsors of, and amount of, deductible individual re- H. Con. Res. 50: Mr. FROST and Mr. KLUG. tirement account contributions, and for were added to public bills and resolu- H. Con. Res. 53: Mr. HILLIARD, Mr. HINCHEY, other purposes; to the Committee on Ways tions as follows: Mr. BURTON of Indiana, Mr. GEJDENSON, Mr. and Means. H.R. 65: Mrs. ROUKEMA and Mr. CAMP. PETE GEREN of Texas, Mr. ENGEL, and Mr. By Mr. JACOBS: H.R. 103: Mr. THOMPSON, Mr. BARTLETT of FARR. H.R. 1390. A bill to provide means of limit- Maryland, and Mr. BREWSTER. H. Res. 118: Mr. MCDERMOTT, Mr. STARK, ing the exposure of children to violent pro- H.R. 145: Mr. ROGERS. Mr. GREENWOOD, Mr. JOHNSTON of Florida, gramming on television, and for other pur- H.R. 159: Mr. NORWOOD and Mr. TANNER. Mrs. LOWEY, Mr. BROWN of California, Mr. poses; to the Committee on Commerce. H.R. 200: Mr. ENGLISH of Pennsylvania, Mr. BEILENSON, Mr. STUDDS, Mr. DELLUMS, Mr. By Mrs. JOHNSON of Connecticut (for WELDON of Pennsylvania, Mr. BUYER, Mr. FRANK of Massachusetts, Mrs. MORELLA, Mr. herself, Mr. BLILEY, and Mr. ARCHER): HOBSON, Mr. ROHRABACHER, Mr. BOEHLERT, Mr. FARR, and Mr. FROST. H.R. 1391. A bill to amend section 4358(c) of KNOLLENBERG, Mr. KLUG, Mr. BAKER of Lou- f the Omnibus Budget Reconciliation Act of isiana, Mr. ROSE, Mr. BURTON of Indiana, and 1990 to permit Medicare select policies to be Mr. CALLAHAN. offered in all States on an extended basis; to H.R. 218: Mr. KLECZKA. DELETIONS OF SPONSORS FROM the Committee on Commerce, and in addi- H.R. 219: Mr. RIGGS. PUBLIC BILLS AND RESOLUTIONS tion to the Committee on Ways and Means, H.R. 244: Mr. KENNEDY of Massachusetts. Under clause 4 of rule XXII, sponsors for a period to be subsequently determined H.R. 303: Mr. CAMP. were deleted from public bills and reso- by the Speaker, in each case for consider- H.R. 311: Mr. MINGE, Mr. OBERSTAR, Mr. ation of such provisions as fall within the ju- KLECZKA, Mr. LIPINSKI, Mr. BARRETT of Wis- lutions as follows: risdiction of the committee concerned. consin, and Mr. DOYLE. H.R. 310: Mr. SCHIFF. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, TUESDAY, APRIL 4, 1995 No. 62 Senate (Legislative day of Monday, March 27, 1995)

The Senate met at 9:30 a.m., on the SCHEDULE The question before us, I think, as expiration of the recess, and was called Mr. THOMAS. Mr. President, this Americans and American taxpayers to order by the President pro tempore morning, the time for the two leaders and American citizens, is, unless we [Mr. THURMOND]. has been reserved and there will be a make some changes, unless we set period for morning business until the some priorities for ourselves now and PRAYER hour of 10:30, with Senators permitted do something about spending, will we The Chaplain, Dr. Lloyd John to speak for up to 5 minutes each. have any options at the year 2000? Will Ogilvie, offered the following prayer: At 10:30, the Senate will resume con- we be able to set priorities for our- Let us pray: sideration of H.R. 1158, the supple- selves or, in fact, will our priorities be Almighty God, Sovereign of this Na- mental appropriations bill and the set by the bond market? Will our prior- tion, we praise You for Your provi- pending amendments thereto. Rollcall ities be set simply by the financial con- dential care through the years of our votes are, therefore, expected through- dition of this country? So that is what blessed history as a people. Thank You out the day today. Also, the Senate we want to talk about. that this Senate exemplifies that patri- will stand in recess from 12:30 to 2:15 There is nothing that can be more otism has not gone out of style. Our for the weekly policy luncheons to important to us than how we enter the commitment to You is expressed in meet. new millennium with opportunities for love and loyalty for our land. The sight f people to be successful, with opportuni- of our flag still stirs our dedication, ties for people to earn a living for their the national anthem fires our blood, MORNING BUSINESS and the Constitution keeps us rooted families, and to have the American and grounded in truth. May we never The PRESIDING OFFICER (Mr. dream as we dreamed it in the past. forget the sacrifice of those who have FRIST). Under the previous order, there And that is what we are talking about. fought and died for the American will now be a period for the transaction We are talking about spending and dream; may we never become so self- of morning business, not to extend be- what has happened to spending over serving that we side-step the cost of yond the hour of 10:30 a.m., with Sen- the last number of years and, frankly, courageous leadership. ators permitted to speak for up to 5 the momentum to continue spending as Lord, empower the women and men minutes each. it has been. And if that does continue, of this Senate as they seek to keep Under the previous order, the Sen- then by the year 2000, we will not have their eyes on You and what ultimately ator from Wyoming is recognized to options. All of our money will be spent is best for our Nation. Guide and direct speak for up to 30 minutes. for Social Security, for interest on the the leadership of Senators DOLE and f debt, for defense. DASCHLE as they seek ways for both One indication of where we have been parties to work toward creative solu- SPENDING AND REVENUES is that the interest on the debt as part tions to the crucial issues before them Mr. THOMAS. Mr. President, let me of our budget has soared from $14 bil- today. say that the 30 minutes has been re- lion a year 25 years ago—in 1970, $14 Bless the President and First Lady of served for Members of the freshman billion—to now $234 billion; on interest our land, the House of Representatives, class to take some time, and that will alone, $234 billion, which is more than the Justices, and all who seek Your be divided among several of us. the Government spent in 1970. guidance in the government of the We want to talk a little bit this So this, it seems to me, is what we cities and States across our country. morning about the future—the future need to be prepared for. We need to God, bless America. We trust in You. for America, the future for Americans, take a look at where we are and where Blessed be the name of the Lord. Amen. and the future as it pertains to spend- we are going. And we have a great op- f ing and spending limitations in this portunity to do that. Government. More specifically, where Unfortunately, the administration is RECOGNITION OF THE ACTING will we be in the year 2000 if we con- resisting change and is seeking to ex- MAJORITY LEADER tinue to do as we have done over the tend the programs that we have had The PRESIDENT pro tempore. The past number of years? Where will we be over the last 25 years, the last 30 years, acting majority leader is recognized. at the beginning of the next millen- seeking to extend and fund programs Mr. THOMAS. Thank you, Mr. Presi- nium unless we make some changes in like the welfare program, which has dent. the direction that we are going? been a failure. The poverty program

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S 5087 S 5088 CONGRESSIONAL RECORD — SENATE April 4, 1995 has been a failure. There are more peo- Now we can make the changes. Now shows a green line running in about 19, ple in poverty now than there were we can make changes to do it and that 19.5 percent of the gross national prod- when we began. is what it is all about, Mr. President. uct which represents revenues from So the choice is basically to continue That is why we are on the floor this 1970 through the year 2030. what we have been doing and resist morning. We have had several tax rate in- change or to take the opportunity to I want to share this time with a num- creases during that period of time. Has take a look at the things we are doing ber of Senators who have worked very it produced more revenue? No. The and really examine them. hard in this area. economy adjusts. When tax rates go up, It seems to me it is an exciting op- The Senator from Arizona worked in people adjust their behavior accord- portunity in this Congress. It is an ex- the House and has been the author of a ingly. Likewise, when we have reduced citing opportunity for the House and number of bills to make some fun- taxes, has it reduced revenues to the the Senate to examine programs and damental changes to move us in what I Federal Treasury? No. As a percent of say, ‘‘Here’s what we have been doing. believe to be the right direction. the gross national product, as you can How does it work? How does it impact I yield to the Senator from Arizona see on that green line, revenues remain the people that need it?’’ To take a for 6 minutes. constant. Now that is in a growing look at it and say, ‘‘Are there better CONSEQUENCES OF LACK OF FISCAL DISCIPLINE economy. ways to deliver services?″ Mr. KYL. Mr. President, I thank my So despite the fact that the economy No one is talking about discontinu- colleague for yielding. I think my col- is growing larger, revenues to the ing services. Nobody is talking about league from Wyoming makes an excel- Treasury are keeping up when you re- hungry children. The people who are lent point that I would like to speak duce taxes, and that is one of the rea- for change, I submit, have equally as to, and that is the issue of the balanced sons that we want to reduce the taxes, much compassion for people in need as budget, of getting rid of our Federal both on capital gains so that people those who resist change. We have a budget deficit and balancing the budget can sell assets that they have been great opportunity to see: Is there a bet- has more than an economic dimension holding but do not want to pay 28 per- ter way for us to deliver services? to it. It is really a matter of the future cent tax on the profit they make on What we really ought to do is meas- of our children and grandchildren, it is that—profit which is largely generated ure what we have been doing against a matter of right and wrong and what by inflation, by the way, so it is not the principles that we all agree on, and we ought to be doing as a society. real profit at all—and why we are in- that is that welfare programs and So- Bill Bennett, who is the former Sec- terested in the $500 tax credit for chil- cial Security programs ought to be de- retary of Education, testified before dren. That helps to restore the balance signed to help get people off welfare, to the Senate Budget Committee re- in who does the spending. help people get back into the market- cently, and he said this: One of our colleagues was here yes- place, to get back into an opportunity We have created a nanny state that takes terday talking about cuts in education, for self-esteem and self-sustenance, to too much from us in order to do too much for and I made the point that we are not reduce the dependency that has devel- us. This has created inefficiency, sapped in- talking about cuts in spending on edu- oped in this country and give people dividual responsibility and intruded on per- cation. What we are talking about is the opportunity to have jobs and be in sonal liberty. who does the spending. Who do you the workplace; to provide incentives Mr. President, that, as much as the think can do a better job of making de- not only for people to work and to take economic consequences of our lack of cisions on how to spend money on our care of themselves and their families, fiscal discipline, is what this debate children, a Federal bureaucrat in but incentives for business to invest to about balancing the Federal budget is Washington or the family of that child? provide those jobs. all about. The bigger the Government We say leave the money with the fam- Now is a great opportunity for us to gets, the more taxes it needs. The more ily that earned it. They will make change some of the measurements of revenue it takes, the less American smarter decisions about what to spend success, the measurement of welfare, families are able to provide for them- on that child. not how many people you cover. The selves, and that brings dependency on So, Mr. President, my point is this: measurement of welfare is how many the Government. And the cycle contin- There is more to this than just the people you help to get off of welfare. ues: More spending, more taxes, a pure economics of it, than the dollars And that is what we are talking about weaker economy, and ultimately more and cents of it. That is critical. It is here. dependency on the Government. very important. But there is more to it It is unfortunate, I think, that the The net result of that is a change in than that. It is fundamentally what White House has apparently deter- the personality of America, literally. our society is all about. We are trying mined their approach to the next elec- Our welfare state has created a depend- to reduce the power, the authority, the tion by fear tactics of saying each time ency by the people who have not found intrusiveness of the Federal Govern- we take a look at changing some pro- a way to get off welfare because of the ment into our lives. gram, that somehow everyone is going kinds of incentives that have been We are trying to restore power to the to be thrown out in the cold. That is built into the program over the years. States and local governments and to not true. That is not true. We are look- One of the things that the Repub- the families. One way we do that is by ing for better ways to deliver services. licans in the House and the Senate are giving the Federal Government less I think it would be a shame, Mr. trying to do is to change the welfare money to spend and by limiting the President, to pass up the opportunity state to end this cycle of dependency. growth in that spending to the reve- that we have now. Americans voted for It is more than an economic matter. nues that we take in. change in 1994, not for reckless change, We are literally trying to give people a The other way we do it is by not just but for fundamental change. They hand up rather than a handout to end limiting how much money the Federal voted for fiscal responsibility. the dependency, to enable them to pro- Government takes in, but by actually Let me show you this chart, just as vide for themselves. reducing it through selected tax cuts. I an example of what we are doing. Ev- The great debate in the House of Rep- think it is very important, as the eryone has to have a chart here. We do resentatives in the next couple of days House of Representatives will do in the not want to be without a chart. In any is whether we can modestly reduce next 3 days, as they will pass these re- event, this shows spending and reve- some taxes at the same time that we ductions in taxes, it is very important nues over time from 1974 to 1980 to the are balancing the Federal budget. Of for the U.S. Senate to follow suit, to year 2000. Look at the difference. All of course, the answer is yes. If we have follow what the House of Representa- this will be taken up in three cat- the discipline, we can both get to a bal- tives does. We do not necessarily have egories and there will not be an oppor- anced budget in 7 years and make some to cut exactly the same taxes and the tunity for educational grants, there modest changes in the Tax Code. Here same amount. But it is important that will not be an opportunity for training is the reason why we need to do it. we begin to put this Government on a for work because there will not be The chart behind us shows in the bars diet, and the way to do that is begin to money for that. the level of Federal spending, and it ratchet down the amount of money April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5089 that the Government takes from the pid. Instead, let me just label it mis- and over 70 freshmen Republican Mem- workers of our Nation, from the fami- guided. bers of the House, I was elected with a lies of our Nation, and leave that Mr. President, we cannot compromise simple mandate: to restore fiscal san- money with them to make the deci- the taxpayers of this country or the fu- ity to the Federal Government. sions on how best to spend it. ture of their children. If this Congress today does not take Mr. President, Members of the fresh- Instead of a deficit lockbox involving steps to change the profligate spending man Republican class are going to be tax cuts, what we should have is the habits of the Federal Government, the conducting these conversations every automatic spending reduction mecha- Members of this Congress, Republicans week throughout this entire year, I nism Senator COATS and I have pro- and Democrats alike, will be to blame suspect even beyond that, to try to posed in our Families First bill. for leaving an enormous mountain of make the point that we just heard from Under our legislation, if Congress debt to be paid by our children, the the voters out there, we heard what fails to keep the growth of spending next generation, and future genera- was on their minds. We listened, and I capped at 2 percent each year, an auto- tions of Americans. am still hearing the same thing: They matic, across-the-board sequester, ex- Mr. President, we simply cannot con- want us to reduce the power and the cluding Social Security, would take ef- tinue the current trend of Federal size and the expense of the Federal fect. spending. Already the Federal debt is Government. And we freshmen Repub- In other words, every spending pro- fast approaching $5 trillion. A family of licans are committed to that. gram would be held to a growth rate of four currently pays $440 per month in Thank you, Mr. President. 2 percent. taxes just to pay the interest on our Mr. THOMAS. Mr. President, the That way, Congress would have to national debt. For the long term, the Senator from Minnesota brings that pay the price for its own failings. Con- statistics are astounding. By the year message from the recent election as gress would have to explain to the tax- 2000, just 5 years away, the Federal well. payers why they couldn’t make the debt will exceed $6.7 trillion. This trend I yield 5 minutes to the Senator from tough choices to slow the rate of creates a debt of $25,000 for every man, Minnesota. growth of spending in order to balance woman, and child in America. That is a THE DEFICIT LOCKBOX the budget. debt burden of $100,000 for every family Mr. GRAMS. Mr. President, I rise It is clear, Mr. President, that deficit in this country, a debt burden created today to dispell a misconception that reduction must be a top priority of this by this body over the past several dec- has become popular in Washington— Congress. ades. the idea that tax cuts cannot go hand But it is also clear that tax relief is Speaker GINGRICH noted recently in hand with deficit reduction. equally urgent. And while there are that a child born today will pay $187,000 There are some who suggest that the some in this Chamber who say the two in interest on the Federal debt during massive deficit we have today is due to cannot go hand in hand—I say the two his or her lifetime, if current spending the tax-cutting policies of the 1980’s. must go hand in hand. We cannot allow continues unchecked. What they ignore is the fact that the opponents of middle-class tax relief Mr. President, as shown in this chart during the 1980’s, the number of jobs to pit one against the other. behind me, all Federal revenues will be increased, the amount of taxable in- Mr. President, I am reminded of the consumed by entitlement spending in come increased, and as a result, tax animal trainer who walks into the lion less than 15 years. This is 1970, 1990, the revenues increased—all due to the cage. year 2000, the year 2010, 15 years from Reagan tax cuts. There is a lion to the left of him and now. The greenline here are total reve- What did not happen were the spend- a tiger to the right. Both are ready to nues brought in. Expenditures are the ing cuts promised by Congress but devour him if he makes a wrong move. column, the red being entitlement never delivered. Do you believe for one instant that spending, the yellow net interest and In fact, spending during the 1980’s in- the lion-tamer will be foolish enough the blue discretionary spending, like creased significantly more than the in- to focus his attention on either animal, defense, education, and infrastructure. crease in revenue, leading directly to while completely ignoring the other? By 2010, all revenues will be spent for the deficit we face today. Like the lion-tamer, Congress is fac- entitlement spending, as well as net in- This year we are on the verge of ing a pair of equally dangerous beasts. terest with no money left over for making the same mistake, but in the In one corner looms the Federal defi- things like defense, education, support opposite direction. cit, in the other sits the oppressive tax of our infrastructure unless we do This time, Congress may pass spend- burden American families are being something about it today. ing cuts without providing the tax re- asked to bear. Every group interested in deficit re- lief we promised the American people. We cannot ignore one at the expense duction today, from the Concord Coali- One of the worst ideas I have heard of the other. They both need to be tion to the Kerrey-Danforth entitle- during the budget debate, and frankly, dealt with before they overpower us ment commission has recognized that it came from a member of my own and eat this Nation alive. the long-term health of the Federal party, was the idea of a deficit lockbox The mandate of the November elec- budget depends on the ability of this to stall enactment of the $500 per-child tion is clear, and the people are de- Congress to restrain growth of Federal tax credit. manding change. programs. In fact, the board of trustees Under the lockbox proposal, the tax Thank you, Mr. President. I yield the of the Medicare trust fund will come cuts promised by Congress would be re- floor. out today with an annual report. It pealed if Congress fails to meet specific Mr. FRIST addressed the Chair. says that the Medicare Program is pre- deficit targets. The PRESIDING OFFICER (Mr. dicted to be bankrupt in 7 years. At the In other words, if Congress were to THOMAS). The Senator from Tennessee. beginning of fiscal year 1997, the Medi- act as irresponsibly in the future as it NEED FOR A BALANCED BUDGET care trust fund will begin to run a has in the past, Congress would not suf- Mr. FRIST. Mr. President, I rise cash-flow deficit. Medicare is just one fer the consequences, Washington today to continue the discussions of of the many Federal programs that would not suffer the consequences. my distinguished Senators and fellow must be restructured, be improved, re- The taxpayer would. Republican freshmen from Minnesota, structured by allowing more choice for Even now, our colleagues in the Arizona, and Wyoming. seniors in order to achieve long-term House have come up with a com- Our discussion this morning is on the viability. promise to tie tax cuts to deficit reduc- balancing of our Nation’s budget. And, But, Mr. President, there are power- tion. If the deficit targets are not met, again, coming off the campaign trail, ful interests that have already begun the tax cuts are not delivered. But is it coming to this distinguished body, I be- to resist even initial efforts to curb not just like Congress to think that lieve that there is no more pressing Federal spending. Defenders of the sta- way? issue than balancing the budget before tus quo would have us believe that If we were not in a collegial body, I this Congress. Along with my 10 other there is no waste in Federal programs, would say the idea was just plain stu- fellow Republican freshmen Senators that all of our Federal programs are S 5090 CONGRESSIONAL RECORD — SENATE April 4, 1995 run efficiently, that there is no room be balanced, keeping $200 billion defi- We failed by one vote to pass a bal- to trim back this mammoth Federal cits over the next 5 years. The Repub- anced budget amendment, but I am bureaucracy. Yet, a Florida task force lican plan, in contrast, balances the hopeful, as I know many of my col- recently uncovered more than $100 mil- budget in the year 2002. leagues are and as the majority leader lion in Medicare and Medicaid fraud The President’s advisers are trying is, that we will get that one additional and abuse, according to the Health to put an effective spin on the fact that vote and that we will be able to come Care Financing Administration. they have thrown up their hands on back on this floor and pass that bal- Opponents of spending reform argue any attempt to balance this budget, anced budget amendment. that we must spend more and not less, and they say that the stable deficits We passed the unfunded mandate bill out of compassion. Mr. President, over the next 5 years will remain at which, for the first time, will really where is the compassion for the chil- $200 billion with a deficit declining to hold Congress accountable for un- dren of the next generation? The de- 2.1 percent of the gross domestic prod- funded mandates that are passed down bate about Federal spending is more uct by the next century. But even to the local communities with no than a debate about cold budget num- those modest claims have been refuted. money, but just telling the commu- bers. It is a debate about restoring the The Congressional Budget Office took nities what to do. American dream for future genera- a look at the President’s budget and With unfunded mandates, line-item tions, making that American dream a found that the President had under- veto, making Congress live by the same reality for all Americans. stated the deficit by approximately laws that everyone else has to live Mr. President, I wonder what the op- $209 billion over 5 years. The CBO also under, I think we have made progress. ponents of Federal spending reform found the deficit as a percentage of We have a way to go. will tell their grandchildren when they gross domestic product, the adminis- Quite frankly, Mr. President, I be- are paying lifetime income tax rates of tration’s favorite measure will actually lieve the tough votes are ahead of the 84 percent to pay off the debt we cre- increase from 2.5 to 3.1 percent. The Senate, not behind the Senate. I be- ated, when they cannot afford college President has completely abdicated his lieve that this Congress really should tuition or a mortgage on their first duty to lead on fiscal issues. be looked at in two different sections. home. Will it past muster to say we Finally, Mr. President, let me say a The first part of the Congress deals just could not find a way to reduce the word about economic growth. Not only with the items we have just talked growth? do we have a moral obligation to re- about. Then we will move in—and To reduce the growth, we are not duce the Federal deficit, but from an frankly we have already begun to do talking about cutting spending in the economic perspective, we simply must this with different committees—the sense that an American family today reduce the amount of Government bor- Budget Committee particularly—to the thinks of cutting spending. People in rowing in order to free up capital for hardest and most difficult task that we Washington engage in what I call Con- productive investment in the private have; that is, to do something that we gress-speak. In Congress-speak, cutting sector. have not done for a quarter of a cen- spending means letting a program grow No Government program can sub- tury. That is to get ahold of Federal at 4 instead of 5 percent. If you told an stitute for economic growth led by en- spending and bring it under control. American family today that they could trepreneurs, small businessowners, and I think the American people should spend 4 percent more next year than other risk takers. understand that this week, while the this year, they would think they are Our economy will make room for ev- focus is on the first 100 days, we now doing pretty well. Not here. Not in eryone, but we must unleash America’s must turn to where we go from here. Congress. The liberals in Congress capital for investment and put a stop Mr. President, it is not going to be shamelessly oppose such reforms, leav- to massive Government borrowing. easy. ing the public to believe that Govern- In closing, we should remember what Over the next few months, the U.S. ment services will be drastically re- this debate is all about. It is about the Senate and this Congress is going to duced. In reality, all of the hue and cry moral imperative to pay off a debt we face some very, very tough choices. is not about compassion for the poor or created. It is about the responsibility This Congress must do what prior Con- children, but instead about a desperate we have to the children of future gen- gresses have not done. We have to attempt to maintain the Federal bu- erations. It is about increasing eco- write a realistic budget for the U.S. reaucracy. nomic growth and access to capital. Government. All Americans must be Mr. President, by the outcry in And it is about the strength of our sys- prepared for what lies ahead. Mr. Presi- Washington over even modest savings tem to survive. dent, this will not be pretty. It will not proposals, you would think the Federal If we cannot stand up to those who be easy. Government is about to pack up and go would oppose real reform, then our Indeed, the votes we have cast so far home. Far from it. The Federal Gov- very democracy is threatened. in this body are very easy compared to ernment will spend approximately $9 I thank the Chair, and I would like to what lies ahead. We have to begin, Mr. trillion over the next 5 years. To get a yield to my distinguished colleague President, by being absolutely candid balanced budget by the year 2002, we from Ohio. and honest with the American people must save $385 billion in mandatory Mr. DEWINE. Mr. President, let me about the tough choices that lie ahead. spending. Federal Reserve Chairman first congratulate my colleague from We can no longer postpone the day of Alan Greenspan has called the task of Tennessee for his description of the reckoning. The day of reckoning, Mr. balancing the Federal budget a modest problem that we face. President, is here. The current direc- restructuring. While the job of bal- I think it is appropriate and signifi- tion of U.S. budget policy is simply not ancing the Federal budget will be dif- cant that this week, the 11 new Mem- sustainable. ficult, by no means will it result in bers of this body are coming to the Congress has already amassed a $4.7 drastic reductions in Government serv- floor to talk about really the most im- trillion national debt that our children ices or benefits. I believe Americans portant problem facing our country; and grandchildren will have to pay. are ready to tighten their belts, so long that is, our inability to deal with our That is what the American people in as our plan is fair and balanced. budget deficit. the past election voted to change. The Yes, it disturbs me that the Presi- This week, Mr. President, there is people of this country demand change dent has not joined Republicans in the going to be a lot of discussion about because they know what is going to task of achieving a balanced Federal the close of the first 100 days of this happen if we do not change. budget. As shown in this chart which Congress. There will be talk about the Mr. President, we are already paying depicts Federal budget deficits, the Contract With America. over $235 billion a year just in interest Clinton plan is in red versus the Repub- I think that, by and large, the Amer- on the national debt. By the year 2003, lican budget here, which comes down ican people are pleased with what they just 8 years from now, spending on en- to be balanced in the year 2002. We see have seen. We have begun to make titlements and interest alone will ex- that the Clinton budget throws up its progress; we have a way to go. We have ceed 70 percent of the entire Federal hands and says that the budget cannot passed in this body the line-item veto. budget. April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5091 If we take out defense, we leave just I yield the floor. me out, I am not going to participate 15 percent of the budget for all the dis- The PRESIDING OFFICER (Mr. in that process.’’ cretionary spending on our domestic FRIST). Under the previous order, the As a result of the 20-to-19 victory, needs. That is 15 percent of the whole Senator from South Dakota or his des- there is a great clamor about what in budget—15 percent, Mr. President, for ignee is recognized to speak for up to 30 politics is called a mandate for the Re- education; job training; for the Women, minutes. publicans. Probably only in politics Infants, and Children Program; just 15 Mr. DORGAN addressed the Chair. could you get a mandate from a 20-to- percent of all these domestic needs. The PRESIDING OFFICER. The Sen- 19 victory. That is, if we just stay on our present ator from North Dakota. You see, they had printed something course. Mr.. DORGAN. I thank the Chair. called a Contract With America. In It does not get any better after the (The remarks of Mr. DORGAN pertain- fact, on the House side, Speaker GING- year 2003. In fact, it gets worse. By the ing to the introduction of S. 663 are lo- RICH—now Speaker GINGRICH, but then year 2012, just 17 years from today, cated in today’s RECORD under ‘‘State- Congressman NEWT GINGRICH—lined all there will be nothing left in the budget ments on Introduced Bills and Joint the Republicans up in front of the Cap- for these social needs—zero. No money Resolutions.’’) itol, had the television cameras there, for our children, no money for our fu- The PRESIDING OFFICER (Mr. and had them all sign this little con- ture—everything consumed. Every last DEWINE). The Senator from North Da- tract called the Contract With America red cent of the Federal budget will go kota. which proposed some very substantial to entitlements and interest payments. f changes. Mr. President, Congress’ fiscal insan- Some of that Contract With America ity has had a terrible human cost. The PUBLIC POLICY made eminent good sense. In fact, some year 2012, the year the money is sched- Mr. DORGAN. Mr. President, I heard of it embraced the very things we tried uled to run out if we do not change our a discussion this morning about fiscal to pass in the previous session of Con- ways, is 1 year after my wife, Fran, and policy, about the future, about Federal gress here in the U.S. Senate, that the I expect our grandson, Albert, to grad- deficits, about accountability, about Republicans filibustered and opposed. uate from high school, and 1 year after jobs, about opportunity. All of those is- They prevented us from getting it our daughter, Anna, should enter col- sues interest me and I think interest passed. lege. every Member of this Senate. That is fine. Times change and so do Mr. President, if we do not succeed in Our country is, I think, unique in writing a sensible budget, a budget that we have a democratic system in opinions, and so the contract embraced that leads toward balance instead of which we create some pretty aggressive some of the very things that we sup- further and further into bankruptcy, I battles between the parties and be- ported and tried to get done. shudder to think of the America we are tween the individuals in political par- Since that election and since this going to leave these children. ties, contesting ideas. Even as we con- contract the Senate has passed some of Another way of looking at it, when test those ideas, differences in ap- those things that make good sense. I my parents graduated from high school proaches, and different ideas, we essen- supported them, as did most of my col- in the early 1940’s, the debt attrib- tially have the same goals. leagues on both sides of the political utable to each child graduating from The Senator from Ohio, who is now aisle. high school that year was $360. By the the Presiding Officer, comes from a big Unfunded mandates: Let us decide to time my wife, Fran, and I graduated, in State. I am from a small State. He is a stop telling everybody else what they the mid-1960’s, that figure was up to Republican. I am a Democrat. I would have to do while saying to them you $1,600 for each child. When our older guess, if we sat and discussed goals, he pay for it. Mandates are easy. Un- children, Patrick, Jill, and Becky, and I would have very few differences funded mandates are even easier. But it graduated in the mid-to-late 1980’s, in the goals we have for our country. is irresponsible, and we passed legisla- that figure was up to $9,000. If we con- We want a country that expands and tion that says let us be more respon- tinue, Mr. President, to go the way we grows and provides opportunity. We sible when we talk about mandates. have been going, by the time our want children to be well educated. We Let us find out what it is going to cost grandson, Albert, graduates from high want our streets to be free of crime. We somebody and maybe let us decide, if school in the year 2012, that figure will want our air to be air we breathe with- we are going to stick them with a man- be up to almost $25,000. That is $25,000 out getting sick. We want health care date, we have a responsibility to pay in debt, and no money at all to pay for that is available to us at a decent the bill. We passed an unfunded man- urgent national needs. price. The fact is, we would very quick- dates bill that made good sense. Mr. President, this is much more ly discover—as we do all across this Congressional accountability: In ef- than simply a budget question. It is country when we talk politics—that fect saying if you pass a bill in Con- much more than a question of account- our goals are the same. But, our meth- gress you have a responsibility to live ing and bookkeeping. I believe, Mr. ods of achieving those goals take very under that same law you passed. It President, it is a fundamental moral different paths. made good sense. I supported that this question about the kind of people we Since the first of this year, we have year and I supported it in the previous are, the kind of Americans we are. been undergoing some very interesting Congress as well. In conclusion, Mr. President, I con- times. We have, I think, because the Regulatory 45-day veto? That made tend that we do not have the right to American people registered a signifi- good sense. I supported that. It is say- leave our children a bankrupt America. cant protest in the last election. Since ing let us stop these unintended con- They deserve a lot better. That is why then, we have passed more legislation sequences. When we pass a law that we we are here on the floor today. on more significant issues than Con- think is going to be a good law and It is our challenge over the coming gress has passed during any similar somebody puts out a half-goofy regula- weeks to create another picture of time period in the past. tion, let us have the opportunity to America, another picture of America in Now, how was that protest reg- veto the regulation if it does not work, the year 2012, an America with a bal- istered? What was the score in Novem- if that is not what we meant. I voted anced budget, an America that is ber 1994? The American people said by for that as did almost all of my col- gradually paying off its debt and com- their vote: 20 percent of us who are eli- leagues. It made good sense. ing back to fiscal sanity, an America in gible to vote, voted for the Repub- Line-item veto: That was more con- which Albert, Anna, and other children licans; 19 percent of us who are eligible troversial, but I voted for it because of their generation are liberated from to vote, voted for the Democrats; and Governors have it—almost all Gov- the crushing burden of debt and have, 61 percent of us who are eligible to vote ernors have a line-item veto. I have finally, the freedom to cope with the decided it does not matter. They said, thought for 10 years that a President challenges of the 21st century. That is ‘‘I am not going to vote.’’ ought to have a line-item veto. what, Mr. President, the coming debate So that is the score: 20 percent to 19 That is a menu of things we have is all about. percent—but 61 percent said, ‘‘Count done that make good sense. S 5092 CONGRESSIONAL RECORD — SENATE April 4, 1995 There are other things that have But this sort of nonsense, saying as always want to pack more money into been done since the first of the year some say, that maybe we should not the defense pipeline. They say, ‘‘You that make no sense at all. I want to move toward a balanced budget with cannot spend enough in defense for us.’’ talk about some of them as well. Be- our budget resolution because that will In fact, at a time when we have this cause there is, it seems to me at least take the steam out of this effort to massive deficit, at a time when the So- in some margins in this public policy change the Constitution is just ridicu- viet Union has evaporated and gone, debate, a mean-spiritedness, one in lous. What on Earth can they be think- the Republicans are saying what we which people say, ‘‘Well, I won, and ing of? How absurd a position. really need to do now is we need to what I intend to do now is help my Well, nothing surprises me much start building star wars once again. If friends and I do not care about the anymore. we can just resurrect star wars, some- rest.’’ But the cynicism expressed by those how we will all sleep better. America Unfortunately, some of those who who would argue that we should not will have a better future. won have very wealthy and very power- balance the budget because that will The fact is they will resurrect star ful friends, and those friends are get- take the steam out of our effort to wars and cut school lunches and say ting some very big help. change the basic framework of our gov- Democrats want to restore school We also have in this country some ernment, the Constitution, is both lunches so they are big spenders. It very vulnerable people. We have home- amazing and appalling to me. It really does not wash. It does not work. The less, we have poor, we have people who ranks very high up there on the scale evidence does not demonstrate that are down and out, people who are suf- of cynicism. what is being alleged on the floor of fering, and we have a lot of children Our job is to do the work here, not to the Senate is true. who count on us and look to us. The take the pose. Both sides of the political aisle in the fact is too many of these constitu- So, the first requirement and first U.S. Senate by and large propose about encies have been given the cold shoul- job for us is to address this budget defi- the same measure of public spending. der in the last several months. cit honestly, because to do that then We simply disagree on what the money Let me start with a central question opens up opportunity in the future and ought to be spent for. That is a legiti- of deficits because the Senator from economic growth. Failure to do that mate disagreement. It is a legitimate Ohio talked about that. I agree with means that we consign this country to disagreement, it seems to me, for one him. I think the Federal budget deficit slow anemic economic growth, an eco- side to say we want to cut our revenue cripples this country’s ability to grow, nomic future none of us want for our base in a way that provides the bulk of and we must deal with it. We had a pro- children. the benefits to those families who posal on the floor of the Senate to Even as we do that, I want to say make over $100,000 a year; to say, ‘‘We amend the Constitution to require a that the job requires spending cuts. want to increase spending for star wars balanced budget. In fact, we had two Yes. It requires significant spending because we think it is necessary for our votes on an amendment to the Con- cuts. Nation’s defense.’’ That is a legitimate stitution, one of which I voted for, one I am always interested in seeing how thing to say and do. I do not happen to of which I voted against. I did not vote people characterize spending cuts be- agree with it. But certainly it is an for the one that would loot the Social cause there is some notion around here idea, a bad idea but an idea. Security trust fund to provide the that one political party wants a lot of On the other hand, they would say to money to balance the budget because I spending cuts and the other political us, as we intend to cut taxes, the bulk do not believe that is honest budgeting. party essentially does not want any of the benefit of which will go to But it is interesting. I noticed yester- spending cuts. wealthiest Americans, and as we intend day in a publication called The Con- It is alleged that one side, the major- to start building a new gold-plated gress Daily that a Member of the Sen- ity side, the Republican side, are tigers weapons system—which, in my judg- ate, one of leaders in the Senate, said when it comes to cutting spending. The ment, we do not need—they would say, that there is a feeling among some other side? Gee, they just want to let us now, in order to pay for all of Senate Republicans that we should not spend more. this, cut funding for foster care—as move toward a balanced budget in our Nothing could be further from the they have done—let us decide that nu- budget resolution—which they are re- truth. There is not a plugged nickel’s trition programs should go to the quired to bring to the floor—because if worth of difference between Repub- States in the form of block grants, and we did, we would lose steam to move licans and Democrats in terms of how we will cut the block grants. Then we toward a balanced budget amendment much money they want to spend. will let the States use 20 percent of the in the Constitution. All you have to do is look at the money we have now cut to do anything In other words, if the Senate shows it record, and you can look at the record they want to do with, including creat- can achieve a balanced budget without for 15 years. Oh, there is a substantial ing pork projects or building roads, changing the Constitution, that would difference in what they want to spend having nothing to do with nutrition. be a problem. I read this last evening, money for, but there is not a plugged Then they say, Well, let us cut adult and I could not believe anybody could nickel’s worth of difference in how literacy grants for the homeless. Let us really say that. But that’s what was much money they want to spend. decide to eliminate funding for summer said: ‘‘We should not try to balance the During the last 15 years, we have had youth programs. Let us decide to end budget because, if we did, that would mostly Republican Presidents. Con- the entitlement or the requirement take the steam out of the initiative to gress has spent less than Presidents that poor kids ought to get a hot lunch change the Constitution.’’ have requested in their budgets. Trans- at school. Let us decide, they say, to Now, I ask you. What is the most im- lated—Republican Presidents have re- cut 1995 funding for financial aid for portant thing that we have facing us? quested more spending than Demo- needy students to attend college. Let Balancing the Federal budget or chang- cratic Congresses up until this Con- us decide, they say, to cut legal serv- ing the Constitution? Balancing the gress have actually spent. ices to the poor back to zero. Let us de- Federal budget. We can do that with- I see the ranking minority member of cide, they propose, to cut 1995 funding out changing the Constitution. the Appropriations Committee is on for the Healthy Start infant mortality The fact is, if we changed the Con- the floor. I have heard him refer to this initiative. stitution 2 minutes from now, 3 min- as well. The question is, ‘‘Who has the This is a country, incidentally, that utes from now, we would not have appetite to spend how much money?’’ ranks way down, when you rank from made one penny’s worth of difference There is some notion that the Repub- best to worst in countries on infant in the deficit. We ought to, with every licans always want to cut spending, mortality. single budget resolution that comes to that they are for less spending and the They say, we do not have money here the floor of this Senate, grit our teeth Democrats are for more spending. The to fund that. Let us cut that because and roll up our sleeves and start doing record does not show that to be true. we want to go off and build star wars. the heavy lifting that is required to Yes, there is a difference in how we We want to provide tax cuts, much of balance the budget. want to spend money. The Republicans which will go to the wealthy. And of April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5093 course, my favorite, Let us propose— This country, and this country’s fu- Head Start center can adequately de- while we are cutting all of these things ture rests on our ability and our will- bate any longer whether that program that would try to give a decent oppor- ingness to invest in our children. It is is helpful to children who come from tunity to those who are down and out, that simple. A country that turns its families that are disadvantaged, low- to those who are disadvantaged, to back on its children and decides self- income families. You see these young those who suffer, to those who are un- ishly to provide more comfort to the boys and girls at Head Start centers fortunate enough to be young, the chil- already comfortable is a country that getting a head start in circumstances dren in this country,—they say—We is not thinking ahead. where they would otherwise be left be- don’t have enough money to respond to We have before us in the Senate now hind. You see their mothers and their that, but maybe we should give them a amendment offered by Senator fathers there, some of them, getting an all a laptop computer. DASCHLE on the rescission package. education, also at this Head Start cen- ‘‘Let us give laptop computers to the This is a proposal that is the first of a ter. They are learning about nutrition poor. That will just sort of unleash a series of proposals that we will offer in programs, about hygiene, about how to whole series of opportunities.’’ They this Congress that represents our com- raise children. It is a wonderful pro- actually said that. mitment to kids. gram that produces enormous rewards. The second prize, it seems to me, If this country cannot afford to de- We ought to understand by now what goes to the folks who say we should get cide to invest in its kids, to take care works and then invest in it, not cut it. additional revenue for the Federal Gov- of its children, to care about its chil- We ought not cut the WIC Program— ernment by charging an admission fee dren; if we cannot do that in a whole Women, Infants, and Children feeding to tour the U.S. Capitol. I only come range of areas, from school financial program—or cut Head Start in order to from a town of 300, but I suspect if you aid, to giving kids the opportunity to fund a tax cut for some of the wealthi- proposed in a town of 300 that you go to college if they do not have any est Americans. We ought not to cut should charge somebody to tour a money, to school hot lunches to allow Head Start in order to fund the Star house they own they would laugh you poor kids the only hot meal they are Wars Program. That does not make out of town, saying you were not going to eat during that entire day, to any sense to me. thinking straight. money that protects children against I could go on, and there are about 10 family abuse and violence; if we do not or 15 similar initiatives that we have My point this morning is if we are have the capability as a country to de- that I think represent the best in this going to celebrate the first 100 days, we cide that these are our priorities, then country, an impulse and a determina- ought to be look at what is really this country, in my judgment, does not tion to make life better for our chil- going on. have its heart in the right place. dren, to decide that you cannot move When I started these remarks today, I think this country understands ahead as a society by leaving some else I said that I think there is merit in what the priority is. The priority is our behind. some of the proposals that have been children, because our children are our You just cannot do that. You have to passed by the Congress on a bipartisan future. The amendment that has been care about people, especially the most basis during these first several months. offered by Senator DASCHLE in this vulnerable people. I supported some of them because I Chamber to the underlying legislation I started by talking about how we in thought they made a lot of sense. talks about these programs: Women, this Chamber share largely similar Now, some of those proposals, the Infants, and Children—the WIC pro- goals. I think that is true. I think most current majority party filibustered gram. Anyone who has seen anything of us would agree that there is a re- against in the last session of Congress or knows anything about the WIC pro- quirement and an incentive in this and would not allow to be passed. But gram understands it is a program that country that must be exhibited to say then came this Congress, and they said, works. to people,’’You have a responsibility ‘‘We want to pass them,’’ and we joined I almost hesitate to describe it again for yourselves as well.’’ them and said, ‘‘This makes sense. We because almost everyone should know ‘‘Yes, we are going to help. We will supported this before and support it it. But here’s how it works. A low-in- extend a helping hand when you are now.’’ And we passed unfunded man- come mother who does not have re- down and out, but you have a respon- dates, congressional accountability, sources and does not have money but is sibility to pull yourself up and step up regulatory veto. All of those make pregnant, is going to have a baby. She and stand up and create opportunity sense, and I supported them. needs help feeding it, both before it is for yourself.’’ But there is much more to the story born and after. That is true. I understand all that. than just that. WIC provides that help. But it is hard to say that to an 8- The first 100 days, when it is cele- We understood a long time ago that year-old kid. It is hard to look in the brated this week, will be accompanied if you provide the correct nutrients eye of a kid, as I did one day, a 9-year- by a chart that shows the first 100 ways and provide nutritious help to that old kid from New York City named as well. The first 100 days and the first young mother, she is going to have a David, who said to us that it hurts to 100 ways in which the majority party in child that will not have to spend an be hungry. He said, ‘‘No kid like me this Congress decided to use their extra 4, 5, or 10 days in the hospital be- should have to lay their head down on power to help their friends, the cause the baby was a low-birthweight their desk at school because it hurts to wealthy and the big, powerful, eco- baby because she was unable to provide be hungry.’’ You cannot look a child nomic interests in the country at the needed nutrition to that fetus while like that in the eye and say it does not expense of a lot of vulnerable Ameri- she was carrying it in her. matter. cans. We have discovered that for just a These programs do matter. The Those are exactly the priorities they few dollars a month—for only a few choices being made here during the have exhibited. months—we will save an enormous first 100 days have real consequences in Anybody who thinks that the prior- amount of money and provide an op- the lives of young children. And that is ities in this country should be to give portunity for that poor woman to have what this debate is about. It is about a big tax break to very, very wealthy a healthy child. what are our responsibilities and how Americans so that we can justify tak- That is a wonderful program. There do we meet those responsibilities. ing a school lunch entitlement away is no waste. It is not money. It is cer- I start with the understanding that from a poor kid, or to take opportunity tificates to buy juice and eggs and spe- there is good will on all sides. I am not away from America’s children in doz- cific kinds of nutrients. It is one of the claiming one side is all wrong and one ens of ways—in nutrition programs, in best programs the Federal Government side is all right. In fact, I think a lot of education programs, and dozens of has ever offered and it saves enormous new ideas that have been generated and other ways—does not understand there amounts of money and is very helpful developed will advance the interests of is still a lot of fight left in a lot of us to children. this country. who care about what is right for this The Head Start Program. Gee, I do But there are also some timeless country. not think anybody who has toured a truths that we ought to understand. S 5094 CONGRESSIONAL RECORD — SENATE April 4, 1995 New ideas will never replace the two developments. First is the growing con- other weapons systems with both offensive timeless truth that we have a respon- ventional and nuclear capability of Iran, and and defensive capabilities. sibility for our children in this coun- second, the increasing authoritarianism of Of particular interest in the above listing try. the Rafsanjani regime and its support for do- is the SCUD–C procurement from North mestic and international terrorism. Time and time again this year, some Korea, because of the potential offensive It is a truism based on historical experi- threat it poses to Iran’s neighbors to the of us will come to this floor to talk ence that the greater the absoluteness/ South. It must be noted that this missile about our commitment to children, our authoritarianism of a regime, the less its system is capable of being fitted with both commitment to our kids, because that confidence in dealing with the international conventional as well as nuclear warheads. is a commitment to America’s future. community, and the more likely it would re- Furthermore, there is every likelihood that But it needs to be more than talk. sort to force to solve problems. In this con- the clerical regime in Iran will purchase the If we decide that we do not have ade- text, the current regime in Tehran could NO–DONG–1 medium–range ballistic missile quate resources to invest in our chil- hardly be considered a responsible and reli- or its follow-on, within the next five years, able participant for ensuring regional peace, dren’s lives, in our children’s opportu- also from North Korea. With a range of stability and security. about 600–800 miles and improved accuracy, nities, in our children’s potential, then It is clearly recognized that all nations this country will never achieve its full the NO–DONG missile would be a direct have fundamental rights to provide for their threat to Israel, more so than the SCUD–B potential. own national security interests and those of system deployed by Iraq in the Persian Gulf others through mutual security treaties such That is what the debate will be about War of 1991. as NATO, the former Warsaw Treaty Organi- on the Daschle amendment. It will be a The acquisition of several ocean-going sub- zation and other regional security pacts. debate that will recur and recur and marines and fast attack missile boats pre- Moreover, Iran itself, prior to the revolution sents a realistic threat to Persian Gulf oil recur throughout this year as those of of 1979, was a member of the former Central flow, in as much as these naval craft could us who believe kids are a priority come Treaty Organization (CENTO) together with to the floor to fight for kids and for the United States, United Kingdom, Turkey easily block the Straits of Hormuz by a mis- their future. and Pakistan. Subsequently, the former re- sile or underwater attack. In the hands of an Mr. President, I yield the floor. gime undertook mutual security agreements unstable and irrational regime, they also pose a direct danger to the U.S. and Allied f with the United States. All the preceding agreements, treaties, pacts, etc., alluded to naval vessels needing to access the Persian REGARDING IRAN above, were undertaken by governments on Gulf in periods of crises. the basis of perceived defensive security The acquisition of the long range Tu–22 Mr. D’AMATO. Mr. President, I rise needs, with no outward declaration of ag- (Backfire) bomber has no other use than ex- to briefly discuss Iran. While this ad- gressive intent. This in contrast to the belli- tending Iran’s offensive ‘‘punch’’ far into the ministration contemplates its next cose rhetoric and state-sponsored terrorist Indian Ocean (against the U.S. and Allied move regarding Iran, the brutal terror- and subversive activities of Iran’s present re- Navies) or to the entire Middle East and be- ist regime in Iran is plotting its next gime. It is no wonder that a more powerful yond; a capability far beyond the accepted defensive needs of the clerical regime. move. Will it reinforce its troops on and nuclear-armed Iran, controlled by the clerics, poses a great concern for future re- disputed islands in the Persian Gulf, or gional peace and security. THE NUCLEAR WEAPONS ISSUE will it add to its weapons stocks in the Traditionally, Iran’s security defense pol- The ‘‘conventional’’ arms threat is multi- region? Only the regime in Teheran icy has been dictated by its geostrategic sit- plied many times over when nuclear weapons knows. uation: From World War II to 1979, for de- are added to the equation. Much has been What we do know, is that this band of fense against threats from the north, Iran re- written recently concerning the activities of terrorists is planning an offensive mili- lied heavily on the US deterrence. After the the clerical regime in regards to its involve- tary buildup. It is planning for the pro- clerics took over in 1979, and especially after ment in the development of nuclear weap- the aborted rescue mission of the US hos- onry. The question does not seem to be one jection of its aggressive actions even tages, Iran, although its foreign policy was of the probability of such a development, but further in the region. This administra- nominally ‘‘neither East nor West’’, tacitly one of timing. In a recent article in The New tion should take this to heart and not relied on the Soviet deterrence against pos- York Times (January 4, 1995), Chris Hedges appease these terrorists like it did with sible US attack. wrote a detailed and well-crafted article in- the dictators in Pyongyang. What the After the collapse of the Soviet Union, and dicating that in five years, Iran may be able administration should do is support my the Iraqi invasion of Kuwait, and con- to fabricate a nuclear weapon, with the fis- legislation banning all trade with Iran sequently, the defeat of Saddam Hussein, sionable materials supplied by its nuclear fa- and place sanctions on those foreign Iran decided to put its energy and resources cilities at Bushehr. If we examine the ‘‘con- to develop weapons of mass destruction, not corporations that continue to trade ventional’’ weapons already purchased or on for defensive purposes, but to give Iran lever- order, it is apparent that most of these sys- with Iran. age to lead the Muslim World. In November tems can be readily adapted and modified to To this end, I ask unanimous consent 1991, Mr. Mohajerani, Vice-President of Iran, carry and deliver nuclear weapons. to have printed in the RECORD, follow- referred to Iran’s activity to develop nuclear In order to place the potential ‘‘nuclear ing the text of my remarks, the Feb- weapons. He said Moslem nations including threat’’ in proper perspective, it must be rec- ruary 1995 edition of the Focus on Iran. Iran must acquire nuclear capability that ognized that we are dealing with a contin- This publication details current events would make them strong. This idea was gency that is at least two to five years in the probably reinforced after the Iraqi defeat in future. It will depend on the clerical re- in Iran, with this particular issue cen- the Persian Gulf War, by the Indian Defense tering on Iran’s ongoing efforts to ob- gime’s ability to receive or develop the req- Chief, who reportedly said in an interview uisite technological capability, and produce tain nuclear weapons. that one of the results of the Gulf War was sufficient nuclear fuel, at which time the ‘‘* * * never challenge the US unless you This is a vitally important issue and threat does became apparent and a focal have nuclear weapons’’. this important brief will shed further point of international concern. insight into a dangerous regime bent THE POST WAR ARMS BUILD-UP Apropos the issue of Iran gaining techno- on violence and aggression. Since the end of the war with Iraq (in 1988), logical competence in nuclear weapons fab- There being no objection, the mate- Iran has undertaken an extensive rebuilding rication, much has been written in various rial was ordered to be printed in the and upgrading of its greatly depleted armed intelligence sources. It has been reported forces, as might be expected, especially since RECORD, as follows: that Iran has acquired at least two nuclear the threat from its recent adversary, Iraq, is weapons (one missile and one 152mm artil- IRAN: NUCLEAR WEAPONS AND IRRESPONSIBLE real, even though seemingly lessened at lery round) from Kazakhstan. Some sources LEADERSHIP present. It is noteworthy that much of Iran’s allege that Iran may also be receiving tech- [From Focus on Iran, February 1995] arms purchases are best described as offen- nological assistance from North Korea. In Within the past year, much attention was sive in nature and not necessarily designed any event, it makes little difference whether given to Iran’s continuous military rebuild- to counter what one might imagine to be its Iran currently has nuclear warheads; in ing effort since its disastrous and costly war real concern, Iraq. For example, since 1988, time, it will develop the capability either by with Iraq. In particular, there has been great the arms purchases include: 10 fast attack virtue of its native talents and/or with the emphasis on Iran as a potential regional missile boats, 75 SCUD–C surface-to-surface help of ‘‘scientists of fortune’’ from the military power, and more ominously, as a missiles, an unknown number of Su–24 fight- former Soviet Union and Eastern Europe. potential nuclear power. The realisation of er/bombers, 12 Tu–22 (Backfire) bombers, 72 Iran as both a regional and nuclear power AS–16 (Kickback) air-to-ground missiles, and THE ECONOMIC CONSEQUENCES OF NUCLEAR would certainly cause concern to its neigh- three Kilo-class ocean-going submarines ACQUISITION bors. The international community—particu- (two already delivered and one to be deliv- The more compelling question is not larly the United States—is concerned with ered soon). In addition, there are on order whether ‘‘Iran has the bomb’’, but rather, April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5095 why it should want a massive offensive con- Judiac nature, Egptian, and Syrian political COMMENTS ON IRANIAN LEADERSHIP ventional and nuclear strike capability. Sec- secularism, Saudi Arabia’s Sunni sectarian- Finally, in our assessment, the current ondly, who or what are the ostensible targets ism, the economic per capita wealth of the clerical leadership in Tehran seems to be to- requiring such national commitment of Persian Gulf States, the Turkish security tally incapable of comprehending the dan- human, economic, and material resources, to links to the U.S., and the overall instability gerous consequences of their course of ac- say nothing of the political capital expended of the former Soviet Caucuses and Central tion. The clerics seem oblivious to the his- in the international community. Asian Republics and Afghanistan. toric lessons of this century. All those who The ‘‘why’’ of the clerical regime’s mili- It is well within reason that the clerical overreached their power paid dearly. Irre- tary build-up can be answered simply as a leadership in Tehran may perceive some, if sponsible policies and actions by irrational normal action in light of the recent war with not all, of these differences as a threat to its and despotic leaders brought untold hardship Iraq. More importantly, however, the up- ‘‘way of life’’ and ideology. Perhaps they also and misery on the civilian population. The grading of offensive conventional and future see them as targets of opportunity for some overreaching of military power by the clerics nuclear strike capabilities must be seen in future date, when through armed threats and in Iran could bring about the destruction of the light of the Mullahs’ determination to other coerive means, they look forward to the Iranian nation. It should be made clear ensure their survival in the seat of power in imposing their hegemony, and forcing them that the imperatives of Iran’s security needs Tehran, and more ominously for the future, to accede to their religious and political ide- are recognized, and the bravery and dedica- perhaps to further their political-religious ology. tion of its Armed Forces in defending the na- goals elsewhere in the Middle East and North The clerics’ support of political terrorism tion is lauded. It is our belief that the course Africa. in Lebanon, Egypt, Sudan, ALgeria and else- of military expansion exceeds the require- The importance of Iran’s current rearming where lends credence to their once far- ments for defense of the frontiers against and upgrading of fire-power can be measured fetched claim of converting the world of any adversary for the foreseeable future. The in terms of its economic cost to the nation. Islam to Khomeinism. In light of their ac- course pursued can only lead to the destruc- The U.S. Arms Control and Disarmament tions and pronouncements, this indeed may tion of the patriotic Armed Forces need- Agency (ACDA) estimates that between 1987– be their first step on the road to achieving lessly. 91 the clerical regime ruling Iran spent an their avowed goals. In order to prevent the dangers of irrespon- estimated US$8-billion in hard currency for The nuclear strategic doctrine of the Is- sible military expansion and adventurism, weapons imports. At least a similar amount lamic Republic was formulated by ‘‘The we categorically support the replacement of has been spent since 1991 for further pur- Strategic Islamic Research Center’’ headed the current regime with one dedicated to chases of weapons systems. This at a time by Hojatol Islam Khoeiniha. Following are democratic principles well-grounded in the when the country is experiencing significant the main conclusions and goals of the Center realities of the international security envi- economic distress as indicated by the fact which were reached in a secret meeting in ronment and balance of power concept. Fur- that the per capita share of the GNP (i.e. the May 1991: thermore, we insist that a new regime must individual economic worth) has fallen to 1. After the collapse of communism, Islam have the support, respect and confidence of around $1,000. is the only force and Islamic Republic the the Iranian people as well as that of the From these bare economic facts, it is ap- only leader and supporter of the liberation of international community. parent that the clerical regime in Tehran is the oppressed masses. First and foremost on its agenda must be choosing ‘‘guns over butter’’, and, con- 2. Iran will naturally be on a collision the well-being of the people, and guarantees sequently, is perpetuating the economic mis- course with the U.S., and must consider the for individual freedom and human rights. ery of the Iranian population. Compounding U.S. a real threat to the Islamic world. Along with economic security, it must work this economic situation is the fact that 3. Iran needs to develop nuclear power and to ensure their physical as well as national Iran’s external debt is at least US$40-billion, prestige. security. These can be achieved by reversing and given the relatively modest world prices The result of this meeting, which was the current aggression-oriented arms build- for crude oil, Iran’s main foreign currency never publicized, should not be taken lightly. up and support for terrorism. Instead, the earner, there is little hope for debt reduction Nuclear weapons can be either the guarantor new leadership must be dedicated to, and in the foreseable future. What this simply of state, or a threat to the whole region and must take an active role in promoting re- means is that as the external debt burden survival of the country itself. The difference gional and world peace. grows, the clerics will find it more difficult lies in the responsibility, wisdom, and the f to acquire credit for domestic needs such as sophistication of the leadership, and the nu- imports of necessary goods and services that clear strategy it adopts. In the hands of re- are urgently needed to stop the nation’s rap- WAS CONGRESS IRRESPONSIBLE? sponsible leaders, one can assume that nu- THE VOTERS HAVE SAID YES idly declining living standards. clear weapons would not be used unless abso- Moreover, the great economic burden of lute survival of the country was at stake. In Mr. HELMS. Mr. President, before the massive arms build-up has serious long the case of the current clerical leadership in contemplating today’s bad news about term implications for Iran’s development of Tehran, it could present a real threat. the Federal debt, let us do that little its industrial economic base, notably, the Like the United States, Israel is seen as pop quiz again: How many million dol- petro-chemical infrastructure. Authorities the ‘‘Satan: the extreme negation of all that estimate that Iran needs US$5-billion for re- lars are in $1 trillion? When you arrive is held religiously and politically sacred to at an answer, bear in mind that it was pairs, replacement parts and maintenance of the clerics in Tehran. Moreover, the Islamic its petroleum extraction and processing shrines in Jerusalem must be ‘‘redeemed’’. Congress that ran up a debt now ex- equipment and facilities, and an additional The clerics’ success in this effort would most ceeding $4.8 trillion. US$1-billion for the maintenance of attend- certainly evoke the Moslem masses to re- To be exact, as of the close of busi- ant petro-chemical equipment. If this invest- spond to its cause and jihad: a tide which ness Monday, April 3, the total Federal ment in the petroleum infrastructure is de- none of the Middle Eastern States could debt—down to the penny—stood at layed or slowed down, it is likely that within withstand. $4,873,480,746,464.74—meaning that 15 years, the entire infrastructure will col- It is the opinion of many specialists that lapse, bringing about economic catastrophe. every man, woman, and child in Amer- Israel is the lynch-pin for Iranian religious/ ica now owes $18,499.82 computed on a The salient question is at what cost to the political hegemony in the Middle East. Oth- welfare and well-being of the Iranian people, ers point to the clercs’ claim of the right to per capita basis. and at what cost to the goodwill and eco- administer the holy shrines in Mecca and Mr. President, again to answer the nomic credibility within the international Medina. Another important target is likely pop quiz question, How many million community is the clerical leadership willing to be Egypt which is already facing very se- in a trillion? There are a million mil- to expend for illusionary and self-destructive rious challenges to its political and eco- lion in a trillion; and you can thank goals of religious fanaticism and domestic nomic infrastructure from radical Moslem and international terrorism. the U.S. Congress for the existing Fed- fundamentalists. The long arm of eral debt exceeding $4.8 trillion. THE LIKELY TARGETS OF THE CLERICS’ NUCLEAR Khomeinism is most definitely felt in Egypt POLICY through the clerics’ financial, material and f The second salient question, given the moral support for the Egyptian religious above discussion regarding the excessive radicals. The fall of the Egyptian Govern- TRIBUTE TO DICK REINERS level of rearmament effort, is, who, what and ment would be a world-wide political event, Mr. DASCHLE. Mr. President, today where are the targets of the arms build-up. If and would pose a grave threat to the security I want to take a moment to commemo- one surveys the current Middle Eastern po- of Israel and Saudi Arabia, and, most likely, rate the long and distinguished life of litical, relgious and social environment, it would destabilize Jordan and Lebanon. The my dear friend, Richard H. Reiners, an becomes evident that there is an array of dif- military assets of Egypt in the hands of radi- ferences that are not in accord with the cler- cal extremists is difficult to contemplate for outstanding American, who passed ics’ concept of religious ‘‘fundamentalism’’ the United States and its Allies; for Iran, it away earlier this year. and its attendant political and social ways of would be a bounty worth all its effort and Dick Reiners was born September 24, life. These range from Israel’s inherent cost. 1907, on a small farm east of Lennox, S 5096 CONGRESSIONAL RECORD — SENATE April 4, 1995 SD, and passed away on January 15, ernor, has written an eloquent tribute lief Council and later, when Hoover was 1995, at his rural home north of Wor- to this extraordinary son of Massachu- named U.S. Secretary of Commerce in 1921, thing, SD. Throughout his life he was setts, and I ask unanimous consent his personal assistant. dedicated to his family, his commu- that it may be printed in the RECORD. On a personal level, the jovial, modest Her- nity, and the land on which he lived. There being no objection, the tribute ter, who frequently assuaged his arthritic back pain with bufferin and a cigarette, nev- As a father and husband, Dick epito- was ordered to be printed in the ertheless was a fisherman, boatsman, gen- mized the term, family values. He was RECORD, as follows: tleman farmer, breeder of golden retrievers faithful, honest, and loyal, and he CENTENNIAL OF CHRIS HERTER and an expert bridge player. He was one of passed those values onto his children (By Emanuel Goldberg) the Boston Red Sox’s greatest fans and rev- and grandchildren. He was one of the Commonwealth’s most eled in the Governor’s prerogative of throw- As a member of the community, Dick highly regarded and distinguished public ing out the first baseball of the season. One was constantly active in improving the servants, on a tri-level of state, national and scheduled April opening day, when it actu- quality of people’s lives. He served on international affairs, yet if you questioned ally snowed in Boston, causing the game to numerous boards, including his church, people today—senior citizens possibly ex- be cancelled, this frustrated Governor inten- his children’s school district, the cepted—I doubt if one in 10 could lucidly re- tionally messed up a preplanned photo as- call Christian A. Herter of Millis and Man- Farmers Home Administration, and the signment by heaving a huge snowball at (and chester. hitting) this writer, who was supposedly su- South Dakota Farmers Union. He was Last March 28, 1995 was the 100th anniver- pervising a substitute news picture. My also actively involved in politics and sary of Chris Herter’s birth, actually in Paris recollection is that simultaneously a distin- labored tirelessly for the people he be- where his artist parents lived abroad. Twice guished, newly-formed Educational TV Com- lieved in. he became not only a serious presidential mission was just entering the Governor’s of- As a farmer, Dick held a reverence prospect when ‘‘Dump Nixon’’ drives were fice—and its VIP members were quite per- for the land and its capacity for pro- surfacing but, in Massachusetts, served as plexed to encounter an embarrassed, snow- duction. He was a hard worker and an Governor and Speaker of the House and, in covered young assistant and a hilariously- eternal optimist. Washington, as an outstanding Congressman, roaring chief executive. Secretary of State in the Eisenhower admin- Actually, Herter was very considerate Dick spoke his mind. He never gave istration and the first U.S. Trade Negotiator up. He was always a kind and thought- about his staff’s welfare. He was capable, for both Presidents Kennedy and Johnson. even when busy, of phoning the switchboard ful man. There is a state scholarship fund in his operator to inquire about her cold. On one During my travels as a U.S. Senator, name—rarely publicized because his family occasion, long after he’d left the Governor’s I am constantly humbled by the people rejected a brick and mortar memorial and office. Herter traveled from Washington to of my State—people like Dick Reiners preferred practical direct help to needy stu- help a former staff state trooper, who’d and the basic principles by which they dents. Thanks to former MDC Commissioner encounterd some job difficulty in Boston. live their lives: a love of family, an ob- John W. Sears, there is also a public park, Testament to his wide popularity on both ligation to community service, and a near Harvard Stadium (Herter’s alma sides of the political aisle, when the Under- mater), named for him. Also an academic strong commitment to an honest day’s secretary Chris Herter was nominated by chair in international relations at Brandeis President Eisenhower to succeed John Fos- work. Those who knew Dick Reiners and Herter Hall at U. Mass-Amherst. learned much from him, and I am hon- ter Dulles as U.S. Secretary of State, the The 1952 gubernatorial election was memo- Senate on April 21, 1959, approved the ap- ored to say that he was my friend. He rable when underdog Herter in a close elec- pointment in 4 hours and 13 minutes. The tion, defeated by 14,500 votes the powerful will not be forgotten. Senate had suspended its usual confirmation Democratic incumbent Paul A. Dever. The f rule of requiring a minimum of seven days. major campaign issue revolved about Dever’s Family-wise, Herter’s father, Albert, an outgoing public works commissioner, Bill CENTENNIAL OF THE BIRTH OF internationally renowned artist, created the Callahan, whose heralded highway program CHRISTIAN A. HERTER huge murals now hanging in the Massachu- was attacked by Republicans as the most setts House of Representatives. His older Mr. KENNEDY. Mr. President, March costly in the nation, as well as two and a brother, Everit, was killed by German shrap- 28, 1995, marked the 100th anniversary half times more than the next highest state. nel in World War I. He married the former of the birth of Christian A. Herter, one The Herter program for Massachusetts was Mary Caroline Pratt, granddaughter of one of Massachusetts’ and the Nation’s highly and quickly successful because in just of Standard Oil’s founders, for whom a me- one year after taking office, the new admin- most respected leaders and public offi- morial garden as been affectionately dedi- cials in this century. istration got through most of its legislative program and also a 25 percent tax reduction cated in the MDC’s Herter Park. After a distinguished early career in Chris and ‘‘Mac’’ Herter had four children; the Foreign Service, Chris Herter re- in earned income. TIME put Herter on its magazine cover; also labeled him ‘‘to mil- Chirstian A. Herter Jr., now teaching at the turned to Massachusetts and was elect- lions, a hero’’ (1/18/54). That year he was the Hopkins School, who also once served in the ed to the State legislature in 1930 at only U.S. governor to produce such dramatic Massachusetts legislature; Dr. Frederic P. the age of 35. In the next 6 year, he rose tax savings. Herter, a prominent physician at New York’s to become speaker of the house, and 4 In the late 1940’s, while a Congressman, Columbia-Presbyterian Hospital (medicine years later, he was elected to the Herter chaired a 19-member delegation that has also been a long family tradition for an uncle, also named Christian Herter, founded House of Representatives, where he toured 18 foreign countries to lay the founda- tions for the Marshall Plan. He later won the the College of Physicians and Surgeons in played an influential role in making New York, while a young student named the Marshall plan a reality. 1948 Collier’s Magazine award as the out- standing Congressman for that historic un- Jonas Salk was helped through his doctoral In 1952, the same year President Ken- dertaking. Ironically, then Congressman training via a Herter scholarship); E. Miles nedy was elected to the U.S. Senate, Richard M. Nixon served on Herter’s diligent Herter of Manchester, prominent for years in Chris Herter was elected Governor of and highly productive committee. The gener- the Boston financial community, and Mrs. Massachusetts. After serving two ous Collier’s prize money was later donated Joseph (Adele) Seronde, wife of a pathologist terms, he accepted the position of by Herter to Washington’s Johns Hopkins and a widely admired artist now residing in Under Secretary of State under John School for Advanced International Studies, Arizona. She, collaborating with Kathy an institution he was a prime mover in Kane, was responsible for bringing Foster Dulles in the Eisenhower ad- ‘‘Summerthing’’ to Boston and also originat- ministration, and succeeded Dulles as founding. The awkward 6′ 5″ angularity of Chris Her- ing the outdoor murals that are now emu- Secretary of State in 1959. President ter caused his military rejection in 1917 (he lated throughout the nation. Kennedy thought so highly of him that later suffered from severe arthritis) but Chris Herter, boots on at 71, was victim of he appointed him to be U.S. Special catapulted him at once into public service. a heart attack on December 30, 1966, while Trade Representative in 1961, and the He served President Wilson at the Versailles still U.S. Trade Negotiator. Ironically, a day GATT Agreement still stands as one of Peace Conference, in 1918–1919, as Secretary before his passing, Herter, an ardent pro- his greatest monuments. of the American Peace Commission. Follow- ponent of free trade, was cheered by news Christian Herter was admired and re- ing an attache´ post in Germany’s American that Britain was lifting tariff restrictions among the European Free Trade Association. spected by leaders and citizens alike in Embassy, he found himself, at age 22, operat- ing the American legation in Brussels. Though William F. Buckley, Jr. and Chris Massachusetts, America, and through- Thence commenced a close association Herter (a GOP Young Turk type) were prob- out the world. On this occasion of the with Herbert Hoover—Herter becoming at ably at opposite ends of the Republican spec- centennial of his birth, Emanuel Gold- first the future President’s principal assist- trum, I know of no-one who more precisely berg, who served on his staff as Gov- ant as executive secretary of the Europe Re- summarized Herter’s essence than this noted April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5097 conservative. In a private letter, Bill Buck- (Excerpt from Opry performance) I too will miss him, not only as a U.S. ley commented that Herter was ‘‘a reminder BLACKSTONE. The musicians, often in their Senator, but as a very dear friend. of how civilized the world used to be.’’ 60s and 70s, are among the last practitioners The Senate will not be the same There is a gap: no scholar has yet written of a disappearing musical style. without HOWELL HEFLIN. He brought a definitive biography about Chris Herter’s Mr. BOB LAMBERT (Evening Star String multi-faceted contribution to history and Band): This is a true American music, and I the highest dignity, integrity, and dili- the public welfare. His gigantic stature, both think somewhere along the line, they’re gence to this body along with his in size and character, will always remind us going to appreciate it again. unique sense of humor. that moral and intellectual integrity can BLACKSTONE: The local congressman was Mr. President, he is a big man with a flower even in American politics. invited here tonight, but he didn’t come. big heart; his life is marked with patri- f He’s a busy man these days, the new Repub- otism and service to mankind; clearly lican chairman of the budget-cutting House PINEY WOODS OPRY IN ABITA Appropriations Committee, and one of the HOWELL HEFLIN has led an unselfish life SPRINGS, LA, RECEIVES ARTS budgets he’s busy cutting could have an im- dedicated to leading and helping peo- ENDOWMENT GRANT pact right here. ple. He was twice wounded in World Representative BOB LIVINGSTON (Repub- War II as a marine captain while lead- Mr. KENNEDY. Mr. President, there lican, Louisiana): All we’re trying to do is ing his troops in battle on Guam. He have been many articles and com- trying to bring common sense and sanity to was awarded two Purple Hearts and the mentaries about the National Endow- the United States federal budget. Silver Star for bravery. As a young ment for the Arts in recent months. BLACKSTONE: Congressman Bob Livingston is bringing down the budget ax on federal trial lawyer in Alabama, he was known Opponents have complained that the as one of the best. His reputation as an Endowment supports elitist institu- funding for the arts, particularly the Na- tional Endowment for the Arts. excellent lawyer led to his eventual tions and elite audiences. But a recent Rep. LIVINGSTON: We’re going to be making election as chief justice of the Alabama story on the CBS Evening News de- drastic cuts, because we’re going to be look- Supreme Court. It just made sense that scribes a different and more accurate ing toward a balanced budget by the year the ‘‘Judge’’ would eventually become example of the Endowment’s role—a 2002, and NEA has to prove that, you know, a member of this distinguished body. grant made to Piney Woods Opry in it is affordable. As a Member of the Senate, HOWELL Abita Springs, LA. BLACKSTONE: But ironically, Livingston is HEFLIN brought great wisdom, and he This grant from the NEA, totalling calling for cuts just as the Piney Woods used this wisdom for 13 years as a $14,900, enabled the Opry to present Opry, right in his own district, is due to re- ceive its first grant from the NEA, $14,900. member of the Senate Ethics Commit- performances of local musical folklore Mr. LAMBERT: I don’t want to get into poli- tee and for two periods he served as its from the Depression era. The perform- tics but for the little bit that we have got, I chairman. He has always fought for ances entertain the citizens of Abita don’t think anybody could be complaining what was right for the country and for Springs, and they will preserve this im- about that. his constituents in Alabama. Mr. Presi- portant part of America’s musical her- BLACKSTONE: Among the new Republican dent, people may not agree with HOW- itage. majority in Congress, money for the arts is This success story, and thousands of called welfare of the cultural elite. Is this ELL HEFLIN’s decisions all the time but others like it across the country, re- the cultural elite we’re going to be seeing? they did respect them. Mayor BRYAN GOWLAND (Abita Springs, Mr. President, I could speak at veal the true mission of the Arts En- Louisiana): Why, I wouldn’t call it the cul- dowment. Large corporations and length about HOWELL HEFLIN’s many tural elite. I don’t know. accomplishments. But for myself, I will wealthy donors are unlikely to fund BLACKSTONE: Many of the folks who show these programs, but the Arts Endow- up at the Piney Woods Opry remember the always cherish the close friendship we ment does. Mary Howell of Piney hard times and honest music of rural Amer- have enjoyed over the years. Woods Opry explained why: ica. Mr. President, the Senate will never Mr. LAMBERT: You know, I—I—I grew up in be the same without HOWELL HEFLIN. When you ask why should the taxpayers the Depression, and I—I—I know what hard want to support this kind of thing . . . Be- The people of Alabama and the people times is all about. cause it’s about us. It’s about every one of of this country have benefited from the LACKSTONE: Admission to the Opry is just us. B service of the ‘‘Judge,’’ one of the most $3 at the door. Producers say the music isn’t outstanding Members to have served in I urge my colleagues to support the commercial enough to charge much more. National Endowment for the Arts, and Without financial help to keep the show run- this body. I look forward to working I ask unanimous consent that a tran- ning and the recorders turning, they say with him in the remaining months of script of this segment from the CBS these songs will soon be gone, along with the 104th Congress. My wife Millie and Evening News may be printed in the those who play them. I wish both his lovely wife ‘‘Mike’’ and RECORD. Ms. MARY HOWELL (Co-producer, Piney Judge HOWELL all of God’s blessings. There being no objection, the tran- Woods Opry): We could lose our history. And Mahalo for being such a good and faith- it seems to me that that’s when you ask why ful servant. Well done, Judge. script was ordered to be printed in the should the taxpayers want to support this RECORD, as follows: kind of thing? I think that’s why, because f [Transcript from the CBS Evening News, it’s about us. It’s about every one of us. Mar. 31, 1995] BLACKSTONE: Lauren Kilgore sings the CONCLUSION OF MORNING POSSIBLE BUDGET CUTS TO NATIONAL ENDOW- songs her father taught her. BUSINESS MENT FOR THE ARTS CAUSE CONCERN FOR Ms. LAUREN KILGORE (Singer): (Singing) PINEY WOODS OPRY Grandpa, everything is changing fast. The PRESIDING OFFICER. Morning CONNIE CHUNG, co-anchor. In the huge fed- BLACKSTONE: While the budget cutters business is closed. eral budget, $170 million may not seem like sharpen their ax, the folks at the Piney much, but that’s the 1995 budget for the Na- Woods Opry say the value of this music can’t f tional Endowment for the Arts. Some mem- be measured in dollars . . . bers of Congress think it should be zero. Ms. KILGORE: (Singing) . . . families rarely EMERGENCY SUPPLEMENTAL They call it a taxpayer subsidy for wacky or bow their heads to pray and daddies really APPROPRIATIONS ACT never go away. tacky artists who play to a cultural elite. Is The PRESIDING OFFICER. Under that really where the money goes? John BLACKSTONE: . . . it can only be felt. In Blackstone has one case in point for to- Abita Springs, John Blackstone for Eye on the previous order, the Senate will now night’s Eye on America. America. resume consideration of H.R. 1158, JOHN BLACKSTONE reporting. There was a f which the clerk will report. time when Saturdays across much of rural The legislative clerk read as follows: IN HONOR OF HOWELL HEFLIN America sounded the way they still sound in A bill (H.R. 1158) making emergency sup- Abita Springs, Louisiana. Mr. AKAKA. Mr. President, I rise plemental appropriations for additional dis- Unidentified ANNOUNCER: From the town today to add my voice to those of my aster assistance and making rescissions for hall in beautiful Abita Springs, the Piney distinguished colleagues in the Senate the fiscal year ending September 30, 1995, and Woods Opry. for other purposes. BLACKSTONE. Piney Woods Opry never fails to pay tribute to our colleague, Sen- to draw an overflow crowd, though the songs ator HOWELL HEFLIN of Alabama who The Senate resumed consideration of and the sentiment are distinctly out of fash- announced his intention to retire from the bill. ion. the Senate at the end of this Congress. Pending: S 5098 CONGRESSIONAL RECORD — SENATE April 4, 1995 Hatfield amendment No. 420, in the nature vestment deficit. According to the De- In many communities throughout of a substitute. partment of Transportation, there are the Nation, public broadcasting pro- D’Amato amendment No. 427 (to amend- currently more than 234,000 miles of vides the only glimpse some citizens ment No. 420), to require Congressional ap- the nearly 1.2 million miles of paved, proval of aggregate annual assistance to any will ever have of faraway destinations, foreign entity using the exchange stabiliza- nonlocal roads which were in such bad ancient civilizations, and the words of tion fund established under section 5302 of condition that they require capital im- the great masters. It beams into the title 31, United States Code, in an amount provements either immediately or homes of children their first lessons, in that exceeds $5 billion. within the next 5 years. The Nation’s many instances, concerning the alpha- Murkowski/D’Amato amendment No. 441 backlog in the rehabilitation and bet, their first lessons about science (to amendment No. 427), of a perfecting na- maintenance of our Nation’s bridges ture. and math, and of geography and Eng- currently stands at $78 billion. Accord- lish literature. Daschle amendment No. 445 (to amendment ing to the Federal Highway Adminis- No. 420), in the nature of a substitute. Many in my own State of West Vir- tration 118,000 of the Nation’s 575,000 ginia, without local access to college- Mr. BYRD addressed the Chair. bridges—around one out of five—are level classes, rely on public broadcast- The PRESIDING OFFICER. The Sen- structurally deficient. While most are ator from West Virginia. not in danger of collapse, they are re- ing for the courses they need to earn a Mr. BYRD. Mr. President, it is my quired to restrict heavier trucks from college degree. understanding that the distinguished using them—an action that has an im- It is shameful and arrogant for some Senator from Oregon, [Mr. HATFIELD], mediate adverse impact on the Na- to sit here in the grandeur of the Na- the chairman of the Appropriations tion’s economy. Another 14 percent of tion’s Capitol surrounded by museums Committee, wishes to be on the floor the Nation’s bridges are functionally housing the works of great artists, when the debate starts and that he obsolete, meaning they do not have the with close-by theaters offering the wishes a quorum call. I understand he lane and shoulder widths or vertical plays of Shakespeare, opera, ballet, and is on his way. clearance to handle the traffic they the music of great orchestras and I suggest the absence of a quorum. bear. thoughtlessly snip away at the only ac- The PRESIDING OFFICER. The No area of infrastructure investment cess many of our constituents have to clerk will call the roll. is as critical as our Nation’s highway these treasures. The legislative clerk proceeded to system. The system carries nearly 80 So as we debate ways to address the call the roll. Federal fiscal deficit, many of my col- Mr. BYRD. Mr. President, I ask unan- percent of U.S. interstate commerce leagues have spoken tirelessly of the imous consent that the order for the and more than 80 percent of intercity quorum call be rescinded. passenger and tourist traffic. I, there- debt that we leave to our grand- The PRESIDING OFFICER. Without fore, strongly oppose the rescission of children, I am equally concerned with objection, it is so ordered. highway funds contained in the amend- the state of the Nation that we leave Mr. BYRD. Mr. President, although ment by the majority leader. behind to our grandchildren—the qual- there are a number of rescissions pro- I am also seriously concerned about ity and value of our national assets— posed in the amendment by Mr. DOLE the proposed $100 million cut in the In- the ability of those national assets to with which I agree, I am unable to vote ternal Revenue Service Compliance provide the capability for sustained for the amendment because of its re- Initiative. This initiative is designed economic growth. The true challenge scissions of appropriations for the Na- to generate $9.2 billion in additional facing this Congress is how to address tion’s physical infrastructure, its pro- revenue over its 5-year life. the Federal fiscal deficit and our Na- posed $100 million cuts in IRS person- The Internal Revenue Service advises tion’s infrastructure and education nel, and its additional rescission of that it would not be able to accommo- deficits simultaneously. The Dole funding for the Corporation for Public date a $100 million reduction in person- amendment addresses only half of this Broadcasting. nel funding between now and Septem- equation, namely, the fiscal deficit. It, The Dole amendment would cut $323.7 ber 30, without furloughing all 70,000 in fact, exacerbates our infrastructure million from appropriations for high- compliance personnel for up to 10 days. and education deficits. In my view, it way construction. Of this amount, $280 A furlough of this magnitude would makes no sense to rob Peter in order to million would be cut on a pro rata cost the Government approximately get the funds to pay Paul. basis from every State’s allocation of $500 million in lost tax collections in So I urge when the time comes that Federal-aid highway funds. These Fed- addition to substantial losses in reve- the amendment be defeated. eral highway funds are used by the nue from the 5-year initiative. All of I yield the floor. States for highway and bridge con- these losses in tax revenues would have Mr. WELLSTONE addressed the the effect of increasing the deficit. struction, as well as for reconstruction Chair. I am gravely concerned about the and repair. Federal highway spending The PRESIDING OFFICER. The Sen- continued plundering of one of this Na- is one of the most productive areas of ator from Minnesota. tion’s cultural lifelines—the Corpora- Federal investment in the creation of Mr. WELLSTONE. Mr. President, tion for Public Broadcasting. new, well-paying jobs. The Dole amend- first, I would like to thank my distin- ment, by reducing highway spending by The majority leader’s amendment guished colleague from West Virginia more than $320 million, would cause a would cut an additional $86 million for his remarks and, in particular, I loss of up to 20,000 highway construc- below the committee-passed rescission want to pick up on one point that he tion jobs. of $55 million for public broadcasting. Mr. President, while it is true that This is not thoughtful budget trim- made which has to do with the invest- we have a horrific national debt and we ming. This is carnival-cut politics. It is ment deficit. I really do believe the must continue to cut Federal deficits, flash-and-glitter knife tossing. Its in- Senator from West Virginia is correct, as the pending bill would do, we must tent is to give the illusion that there is that sometimes, unless you invest, de- simultaneously address our investment some threat to a real target—the mas- cline begets decline. I think it is my- deficit in critical areas such as our Na- sive budget deficit—while, in a great opic and shortsighted not to make an tion’s highways and bridges. and noisy show, it is merely popping investment in education and children And I made this point at the budget balloons around the edges. and in our infrastructure. Sometimes summit in 1990, at which time I said we But, in the case of the Corporation you make an investment in the short have not only a trade deficit, we have for Public Broadcasting, we are not run and are much better off in the long not only a fiscal deficit, but we also merely popping bright balloons. run. I think that is what my colleague have an investment deficit. This knife has sailed into the heart from West Virginia is really trying to For a moment, I would like to re- of the crowd. It is hurtling toward chil- say today. count some of the maladies we will dren and adults whose lives are Mr. President, first of all, let me just pass to the next generation for our fail- bettered by the exposure to the quality simply take issue with the majority ure to invest in our transportation in- educational and cultural programming leader’s substitute which is now before frastructure. So we still have an in- of public broadcasting. us and then talk a little bit about some April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5099 of the rescissions that are also before whom were from backgrounds that legacy that is very important to me. us. would not have enabled them to afford And the late Hubert Humphrey from The Dole substitute, as I understand higher education, with some financial Minnesota said that the test of a gov- it, contains all of the rescissions in the assistance to do so. ernment and the test of a society is committee bill—in education, Head Mr. President, there is a strong how we treat people in the dawn of life, Start, in WIC, in child care. I want to record of service to community already our children; how we treat people in talk about some of those rescissions. in this AmeriCorps program. I find it the twilight of their lives, the elderly; But above and beyond those rescis- difficult to understand the effort to at- and how we treat people who are in the sions, there are yet others. I would like tack such a program. I find it difficult shadow of their lives, those that are to highlight a couple of areas where I to understand why some of my col- sick, disabled, and needy. I think that do take very serious exception. leagues spend so much time attacking is a pretty powerful framework for ex- I visited in Appleton, MN—southwest a program which has barely begun amining our actions. Minnesota—with Pioneer Public Tele- which, calls upon young people, to be Mr. President, the WIC Program has vision. I can assure you that Pioneer their own best selves. I think people been astonishingly successful. It Public Television is not a sandbox for yearn for models of community in- works. The Women, Infants; and Chil- the rich. I can tell you that the people volvement. I think people yearn for al- dren Program is an investment we in greater Minnesota, in rural Min- ternatives to cynicism, and I think the make to make sure that women, while nesota, are very connected to Pioneer AmeriCorps is an alternative to cyni- pregnant, receive adequate nutrition Public TV, and they are connected to cism. Again, I find the Dole substitute and newborn infants also receive ade- public television, for a number of rea- very troubling on this count. quate nutrition. sons. Finally, there may be discussion of Mr. President, I have had an amend- First and foremost, they appreciate this section of the amendment later, ment on the floor of the Senate over the focus on children’s programming. I but I am concerned about cuts to legal and over again, which was finally ac- have to say to the Chair, whom I know services. I have done a lot of work with cepted a few days ago, that we would has a strong and sincere concern about low- and moderate-income people over not take any action that would in- children, that as I look at what is on the years, with many citizens in Min- crease hunger and homelessness among commercial TV in the name of chil- nesota. Whether or not it is protection children. It strikes me that proposed dren’s programming, with precious few vis-a-vis their rights as tenants or con- cuts in the Women, Infants, and Chil- exceptions, I do not find anything sumers—or on other issues—the Legal dren Program, which has been a huge there very positive and enriching. Pub- Services Program is the way in which success, which decreases the number of lic television has done a truly magnifi- we make sure our civil legal system is low-birth-weight babies and the cent job of presenting those of us who open and serves all citizens, regardless chances of infant mortality, goes pre- are parents and grandparents with of income. It is a program that has cisely in the opposite direction. some wonderful children’s program- never operated on a very large budget. Mr. President, according to a GAO ming. This program provides dedicated report, the Women, Infants, and Chil- Second of all, Pioneer Public Tele- legal services lawyers who do not make dren Program averted 13,755 very low- vision in southwest Minnesota is a real much money, but who make sure that weight births in 1990. Assuming that all tool for education and empowerment those citizens who do not have the eco- the funds would be used, if the $35 mil- for people in the community. It broad- nomic means to purchase or to have lion—this is the rescission cut—is dis- casts programs that provide people good legal representation are able to tributed evenly throughout all of the with the kind of information that we receive it. categories (women, infants, and chil- encourage citizens to have to be more It has strong backing from the bar dren)—then 138 very low-birth-weight fully involved in their communities on association in Minnesota; strong back- babies will not be averted because of the economic, political, and cultural ing from the bar association nation- this rescission cut. issues. ally. Instead, we should be making cuts Mr. President, the problem is that So I find the additional cuts proposed in programs like star wars, or pro- low birth weight greatly increases the in this substitute for the Corporation grams that have to do with a variety of chance of infant mortality and, in addi- for Public Broadcasting to be egre- different tax dodges and loopholes and tion, a variety of different conditions, gious. deductions which go to people who, in from high rates of cerebral palsy, men- I also have to say KTCA channel 2— fact, do not need representation. But tal retardation, serious congenital and also channel 17—in Minnesota has this focus on legal services makes very anomalies, and so forth. really been a flagship public television. little sense. Let me just ask the question, if we go Public television provides some su- Mr. President, let me now turn to the on record saying we will not take any perb public affairs programming. I do initial rescission bill that we have in action that will increase hunger or think people yearn for something more the Senate. I, first of all, would like to homelessness among children—and the than the 10-second sound bites. I think congratulate my colleague from Or- Senate is now on record—why do we they really do yearn for some sub- egon, Senator HATFIELD, because I have proposed cuts in the Women, In- stantive and thoughtful discussion of think that some of the work that he fants, and Children Program when we public issues. The effort to attack part has done is extremely important. I know that the WIC Program speaks of the cultural institution in this coun- fully appreciate his commitment and precisely to this problem in the Na- try, namely, public television or public certainly his ability as a Senator. tion? Again, if you want to make sure radio, is a huge mistake. It takes us Mr. President, I would like to talk that a child, at birth, has the same backwards. about a few programs where there are chance as every other child, the one I am concerned about other proposed slated cuts in this rescission package thing you certainly do not want to do cuts as well. I heard some of my col- which are simply a profound mistake is cut into a program that makes sure leagues talk about AmeriCorps last for the country. that that expectant mother has a diet night, so I will not, except to say that I start out with the call for $35 mil- rich in minerals and protein. You want I was lucky enough to be at the found- lion to be removed from the WIC Pro- to make sure that you do not have re- ing gathering of AmeriCorps for the gram. That is for this year, fiscal year scissions in programs that will lead to volunteers in Minnesota. I think there 1995. more severely low-birth-weight infants, must have been about 300 young people. This was a program that was author- with the possibility of greater infant It was truly inspiring—the diversity of ized in the Congress in 1972 under the mortality as well a whole set of huge the young men and women that were leadership of such able Senators as medical problems for those children. there, the idealism, and their commit- Senator Robert DOLE, now the major- This is a program that reaches down to ment to community. This is a program ity leader, and Senator Hubert Hum- the poorest of the poor. This is a pro- which encourages the very best ideals phrey. gram that provides invaluable nutri- of this country, serving community, I have said it on the floor before: tional assistance for expectant women, and providing young people, many of Senator Humphrey’s framework is a children, and newborn infants. Mr. S 5100 CONGRESSIONAL RECORD — SENATE April 4, 1995 President, it strikes me that these cuts quality child care and we are talking of: First, parents not being able to pro- simply go against the very best of what about low- and moderate-income fami- vide their children with decent child we are about in this Nation. lies, many of them hard-working fami- care; and second, families not being In my home State of Minnesota, in lies who are trying to, on the one hand, able to become independent. 1993, over 3,000 people were on the wait- work and also afford child care, if they As a matter of fact, quite often what ing list for WIC benefits. cannot afford quality child care, then happens with welfare families, if we are Mr. President, we have all heard the we know what happens. Either you talking about welfare families, but statistics before. You invest $1 in WIC have very haphazard arrangements, be- when we talk about child care, we are and you save yourselves $3 that you cause parents have no other choice, in also talking about working families, as would be paying over the first 18 years which case, all too often their children well—in the case of welfare families, in additional medical assistance. So we may be placed in dangerous situations. about 75 percent of welfare mothers have waiting lists, we have children in Some reports have come out which within 2 years, right now, go to work, need, women and children. I believe the should be extremely upsetting to all of but many of them go back to welfare. WIC Program right now only serves us, which have pointed out that the There are several reasons for that. about 60 percent of those that are eligi- conditions of child care, both home One of those reasons is that, in the ab- ble for such assistance. Yet in the ini- based and center based, in this country sence of affordable child care, and then tial rescission package we have cuts in are all too often very dangerous, really quite often losing their health care the WIC Program. quite deplorable. It is not a good pic- coverage, their families are worse off Mr. President, this debate really is ture. by the mothers going to work. We can- about priorities. I simply have to argue So if you are going to make it impos- not have welfare reform unless there is that what we see in this package, in sible for families to afford child care, affordable child care. We cannot expect the Dole substitute, with cuts on top of either the children become latchkey families to become more independent cuts, is very distorted priorities. Yes- children and nobody is taking care of unless we have affordable child care. terday, Senator KENNEDY was on the them because they are home alone, or Here we have a proposed cut, Mr. floor talking about this expatriate tax they are going to be receiving child President, which is an $8.4 million cut dodge and I joined in. We were talking care; but it will not live up to the in the child care development block about a tax dodge that goes to individ- standards that all of us would apply to grants. Mr. President, I just do not un- uals or families with, roughly speak- our own and any other children. derstand. It seems to me that we would ing, over $5 million of net worth. We Mr. President, I do not think there is want to spend a lot less money on star were talking of revenue losses to the one Senator, Democrat or Republican, wars in space, and we would want to tune of several billion dollars over the here in this Chamber who would desire spend a little more money taking care next 5 years. for his or her child or grandchild any- of our children right here on Earth. At the same time we have that kind thing less than good developmental In that sense, I find this to be a dis- of tax dodge, at the same time we are child care. To have these cuts in child torted priority. I think the Daschle talking about spending more money on care programs when there are long amendment is hugely important. For star wars, at the same time we con- waiting lists in the State, when it is a that reason, I support it. tinue to talk about more money for program that works well, when it is I think the Dole substitute, which is, military weapons, in preparation for the key to independence is short- as I said, in addition to all the rescis- war with the Soviet Union which no sighted. I will tell you right now it is sions that were in the committee bill longer exists, weapons which are not also the key to welfare reform. in education—and I have not talked essential to our having a strong de- I think it is a huge mistake. about some of the chapter I cuts; I fense, we have all of these loopholes I would say to my colleagues, if we have not talked about the Safe Schools and deductions. Yet when we look to do not invest in children when they are Program, as well, in child care, in Head where the deficit reduction is going to young, if we do not provide a nurturing Start, in WIC, in addition to even more come from, all of the tax dodges, and environment, if those children are not cuts—strikes me as being harsh, loopholes and star wars weapons are given encouragement, if those children strikes me as being a distorted prior- left untouched, because in this rescis- are just receiving custodial care, if ity. sion package, we are talking about cut- those children are in arrangements Mr. President, this leads me to my ting into the WIC Program. that sometimes are dangerous, then we last point. What we are doing here on I believe there is a contradiction be- have not served the children of this the floor of the U.S. Senate, in this re- tween the Senate going on record that country well. scissions package made far worse with we will not do anything to increase Now, Mr. President, understand that the Dole substitute, is looking at this more hunger or homelessness among we have a whole decade plus of history year’s budget, but unfortunately this is children and talking about cuts in the of abandonment of children in this exactly what some of my colleagues in- WIC Program. country, if we just look at the state of tend to do as they budget this out over Mr. President, I want to focus on one children in America. We have been try- the next several years: We are going to other rescission and then I will yield ing, slowly but surely, within tight make cuts based upon the path of least the floor. There are many I could talk budgets to invest a little bit more by political resistance. about. But I would like to talk about way of resources in decent child care. I have said this over and over again. the rescission package which includes Now we have these proposed cuts. That is why I brought this amendment an $8.4 million cut in the child care de- Mr. President, Florida has about out on children. I could see it happen- velopment block grant. Yet again, Mr. 19,000 on its working poor waiting list. ing. We are going to make cuts based President, we have children bearing the Minnesota has a waiting list of 7,000. upon the path of least political resist- brunt of a budget cut. This cut is pain- The State of Washington, 3,000. In Min- ance. We are going to avoid the heavy ful to participants in a program with neapolis alone, there is a waiting list of hitters. That is why so far there has long waiting lists. No accusations of 2,100 families. In rural Minnesota, in not been any discussion of reductions mismanagement. This is a program proportion to need, there is even a in subsidies for oil companies, or sub- which subsidizes child care for the greater waiting list. sidies for tobacco companies or coal working poor. This child care increases So, Mr. President, I believe that companies or pharmaceutical compa- the ability of low-income families to these cuts—and it is why indeed I sup- nies or insurance companies, and on become or remain independent and to port the Daschle amendment—are un- and on and on. They are not asked to assure minimal uniform health and acceptable. They are unacceptable. tighten their belts. safety standards in the child care set- Once again, who pays the price? Chil- When it comes to child care; the tings these children are in. dren do. Why are we targeting chil- Women, Infants, and Children Pro- Mr. President, it makes no sense to dren? Why are we making cuts in an af- gram; education; Head Start, we are have cuts in a child care program. Cut- fordable child care program, which al- more than willing to move forward ting child care will hurt children. Mr. ready is severely underfunded, which with cuts in programs that already do President, if parents cannot afford we know will have the predicted results not even serve nearly as many children April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5101 as need such assistance so they will ticle. It appears in today’s Washington whom the federal retreat from the nutrition have the same chances that we all Post, and I would just like to read from field presented an opportunity for new mar- want for our children. excerpts that I think will give my col- kets and less government regulation. And fi- Mr. President, in this context of who leagues the background for this amend- nally there were the most vulnerable mem- has the power and who does not, in this ment. bers of society, whose needs historically had been met by a bipartisan coalition in Con- context of who decides who benefits Mr. President, I ask unanimous con- gress under the precept that hunger in Amer- and who is asked to sacrifice, I do not sent that this article be printed in the ica was a nationwide crisis too dire to be left see a standard of fairness operative RECORD. to the states and was, as President Richard here. There being no objection, the mate- M. Nixon had declared in a seminal speech 26 AMENDMENT NO. 450 rial was ordered to be printed in the years ago, a federal responsibility. RECORD, as follows: Mr. WELLSTONE. Mr. President, I PROFIT AND IDEOLOGY send an amendment to the desk and [From the Washington Post, Apr. 4, 1995] At first, Dale Kildee could not imagine INSIDE THE REVOLUTION: A MODERATE’S DI- ask for its immediate consideration. that his friendly adversary bill Goodling was LEMMA: FOOD PROGRAM DEFENDER BECOMES The PRESIDING OFFICER (Mr. changing. This must be a technical error, the A DISMANTLER CAMPBELL). The clerk will report. veteran Democratic congressman from The bill clerk read as follows: (By David Maraniss and Michael Weisskopf) Michigan later remembered thinking to him- The Senator from Minnesota [Mr. The congressional office of Bill Goodling, self when he entered the Opportunities Com- Room 2263 of the Rayburn building, is a WELLSTONE] proposes an amendment mittee room one day late in February for the quaint and cozy place straight out of the vote to send the nutrition programs back, to numbered 450. 1950s, with the ambiance of a small-town The amendment is as follows: the states. Pennsylvania school principal’s den. Por- The bill as the Republicans had drafted it At an appropriate place in the bill, insert traits of Ike at Gettysburg grace the front left out any requirement that states use the following: wall. In the far right corner stands a cen- competitive bidding procedures when buying ‘‘SEC. . It is the sense of the Senate that tury-old upright piano, a clangingly out-of- infant formula from the major companies before the Senate is required to vote on the time instrument that nonetheless brings the supplying the Special Supplemental Food question of whether the WIC Program and congressman great comfort when he pounds Program for Women, Infants, and Children other nutrition programs should be con- out Methodist church hymns alone at mid- (WIC)—a nutritional program assisting 7 verted to block grant programs to be admin- night. Behind his desk sit rows of potted Af- million people that had an effective record istered by the States, a full and complete in- rican violets, which the grandfatherly Good- combating infant mortality and premature vestigation should be conducted by the Sen- ling fondly refers to as his children. births. ate Committee on Agriculture to determine This old-fashioned hideway is hardly the In the early days of the WIC program, in- whether, and if so, to what extent, such a first spot one would look in search of leading fant formula was bought at market prices. proposed substantial change in national pol- characters in the House Republican revolu- Since the federal government began requir- icy is the result of the improper influence of tion, with its New Age rhetoric and ing competitive bidding six years ago, the the food industry and lobbyists acting on the antigovernment fervor. Yet William F. Good- industry’s behalf.’’ prices had dropped dramatically, saving ling somehow reached center stage in one of more than $1 billion last year alone and Mr. WELLSTONE. Mr. President, I the most compelling productions of The nearly $4 billion over the last five years. All want to ask the Chair, would it be in First 100 Days, a drama that tested his polit- of those savings were put back into the pro- order to read excerpts from a news- ical soul as he struggled, at the twilight of gram, meaning that more needy infants and an obscure career, to attain and hold power paper article which refers to the other pregnant women could be served. in an institution dominated by young par- When he noticed that competitive bidding body and to Members of the other tisans pushing him from the right. had been left out of the Republican bill this body? Since he entered Congress in 1975 after a year, Kildee assumed that it was an uninten- The PRESIDING OFFICER. The career as an educator in the heart of Penn- tional omission, so he drafted an amendment Chair would inform the Senator, under sylvania Dutch country, Goodling had restoring it. He took the amendment to the precedents, as it is, it is improper earned a reputation on the House Education Chairman Goodling confident that it would and Labor Committee as a moderate who for a Senator to make reference to or be accepted quickly. But Goodling’s reaction worked in bipartisan fashion to protect the reflect on the Members of the House, to was cool and distant. Go ‘‘work out’’ with federal role in food and nutrition programs refer to a Member of the House by Hoekstra, he told Kildee, referring to Peter name, to criticize the action of the for needy children, infants and pregnant mothers. It was a natural extension of his Hoekstra, a second-term congressman from Speaker, or to refer to debate of a paternalistic personality: taking care of his western Michigan, one of the youthful free- Member of the House in terms that are children, just as he had as father, public enterprise Republicans on the committee imputative of unworthy motives. school teacher and administrator and cul- who was gaining stature as a confidant of Mr. WELLSTONE. Just so I can be tivator of African violets. Speaker Gingrich. clear on the ruling, if I were to read When the Republicans took power this Nothing was to be worked out. Hoekstra from an article and without using the year, he suddenly became chairman of a had a strong distrust of the federal govern- ment and was one of the staunchest pro- names of any Members—would that be committee that had been repopulated with antigovernment conservatives and went by a ponents of devolving power back to the in order? states. ‘‘Philosophically,’’ he said, ‘‘it was a The PRESIDING OFFICER. In the newfangled Third Wave name, Economic and Educational Opportunities. His first assign- no-brainer’’ that Congress should eliminate opinion of the Chair, that would be in ment from Speaker Newt Gingrich (Ga.) and federal mandates whenever possible—even order. Majority Leader Richard K. Armey (Tex.) the competitive bidding requirements that Mr. WELLSTONE. That would be in was to carry out one of the most controver- had saved money. order. Let me, then, give my colleagues sial missions in the ‘‘Contract With Amer- Hoekstra’s philosophical commitment in a little background for the ‘‘why’’ of ica.’’ They directed him to dismantle and this case coincided with the desires of one of this amendment. send back to the states the very nutritional the major corporations in his congressional I refer to a piece today in the Wash- programs that he had long championed. district—Gerber Products, a Fremont-based Goodling’s personal dilemma—how to re- company that is the nation’s largest manu- ington Post that I believe is one of the facturer of baby foods and is WIC’s leading best investigative pieces I have seen in spond to the pressures of the conservative leadership without repudiating his past leg- supplier of infant cereals. Unlike in the in- a good many years. I speak as a politi- islative career—illuminated a larger moral- fant formula field, competitive bidding is not cal scientist. ity play in the House: the struggle of the Re- required of infant cereal suppliers, but the Mr. President, would it be in order publican majority to maintain the populist government seemed to be moving in the di- for me to insert this article in the appeal of antigovernment rhetoric without rection and Gerber wanted to maintain the RECORD? appearing to acquiesce to special interests. status quo. The company lobbied hard The PRESIDING OFFICER. In the On one side, pushing hard for more power against competitive bidding requirements in opinion of the Chair, it would be in and freedom, were the nation’s newly ascend- the infant cereal industry and had consulted order. ant Republican governors, who visited Wash- with Hoekstra in the drafting of the legisla- tion. Mr. WELLSTONE. I thank the Chair. ington so often to lobby for block grants that they virtually set up a shadow White When Kildee’s amendment came to a vote Mr. President, this is an article by House two blocks from Goodling’s congres- in committee, it was defeated on a near Michael Weisskopf and David Maraniss, sional office. On another side were major ce- party-line vote, with only one Republican and it deals with our nutrition pro- real companies, infant formula manufactur- supporting it, Marge Roukema, a veteran grams. I refer my colleagues to this ar- ers, agribusinesses and fast-food giants for moderate from New Jersey. Roukema said S 5102 CONGRESSIONAL RECORD — SENATE April 4, 1995 later that she was not even aware that com- niches in the annual $8.5 billion school lunch the Spring Grove school district, he ate petitive bidding was omitted from the Re- and WIC programs. Financially strapped lunch every day in the cafeteria with his stu- publican bill until the deliberations that state governments and part-time legisla- dents. When the truck from Harrisburg day. tures, many nutritionists believe, are ill- pulled up with vegetables and meats from In the committee room after the vote, equipped to make sound public health judg- the federal commodities program, he helped Roukema asked several Republican members ments and can be more easily swayed by cor- carry the food down to the freezer in the seated near her why they had done what they porate lobbyists. basement of the administration building. had done. Their responses, she said, were The return of nutrition programs to the When the mother of one of his students dies, shrugs of the shoulders and the words, ‘‘We states would lift federal controls on the he taught the young man how to cook dinner trust the governors.’’ lunchtime sale of junk food in school cafe- for himself and his father. BIG WINNERS terias—a prospect that several corporate Goodling’s own father, George Goodling, Only a few blocks from the land of Oppor- food giants are already anticipating. Coca- ran an apple orchard on the old Susquehanna Cola Co., which last year fought off a legisla- tunities sits a venerable Republican redoubt Road and served in Congress for six terms. tive effort to extend the junk food ban to all called the Capitol Hill Club, where members When he retired, Bill Goodling replaced him. high school grounds, is now showing signs of of Congress mix easily with important visi- The small-town educator transferred his in- tors from back home and corporate lobby- interest. Last month, as the devolution leg- islation was moving through the House, the terests to the broader stage of the Education ists. It was there, beneath crystal chan- and Labor Committee. He became known as deliers and oil paintings of GOP stalwarts, company’s law librarian called the national association of school cafeteria personnel for one of the staunchest defenders of the nutri- that key committee members met with the tion and school lunch programs on the GOP big winners in the transfer of money back to a breakdown of state laws on soft drink sales in schools. side of the aisle. In 1982, he was the chief Re- the states, Republican governors such as publican cosponsor of a resolution opposing a John Engler of Michigan, Tommy G. Thomp- Also at stake in the transfer of power to states is one of the cornerstones of the war Reagan administration proposal to send nu- son of Wisconsin, Pete Wilson of California trition programs back to the states through and William F. Weld of Massachusetts. on hunger, a 1946 requirement that school block grants. The governors, said Opportunities Commit- lunches provide one-third of the rec- Three years later, when conservative Re- tee member Steve Gunderson, a moderate ommended dietary allowance of protein, vi- publicans in the House were considering Republican from Wisconsin, had become the tamins and minerals. The dietary guideline loudest constituents. ‘‘We can’t give them is intended to assure at least one healthy ways to trim the budget and broached the more money,’’ Gunderson said. ‘‘So we had to serving a day of milk, vegetables, grain, fruit possibility of cutting back on the national give them something else.’’ and meat for the 25 million children in the school lunch program, Goodling swiftly The state executives did not get every- program. Federal agriculture officials were killed the idea before it advanced beyond the thing they had demanded. Their bid for a sin- planning this summer to add limits on fat, discussion stage. According to Tom gle enormous block grant for all the pro- saturated fat and sodium for school lunches. Humbert, then a budget aid to then-Rep. grams was rebuffed by Goodling and Rep. With standards defined by states, food Jack Kemp (R) of New York, Goodling called Rady ‘‘Duke’’ Cunningham (R-Calif.), the nu- companies and agricultural interests with him one day. ‘‘Please come and see me,’’ trition subcommittee chairman, who special regional standing would have more Goodling said. Humbert soon appeared in thought they could define the terms of the power, some nutritionists contend. ‘‘You Goodling’s office, where he found the con- transfer better with two separate block could find a battle going on in a state legis- gressman tending his African violets. ‘‘Mr. grants. But the governors did receive more lature over what drinks to serve at school Humbert,’’ Goodling said, ‘‘I hear that you power and flexibility to run the school lunch lunch,’’ said Lynn Parker, a child nutrition- are considering cutting the school lunch pro- ist for the Food Research and Action Center. and WIC programs. For years, some gov- gram. That would be a very bad idea!’’ ‘‘In a dairy state, it might go one way. If ernors and corporate interests had bristled This same Tom Humbert, who came from soda interests are strong, it could go another at regulations that they considered too in- Goodling’s home district, returned to York trusive—from dictating the amount of sugar way. Whatever way it goes, it may not be fought out on the grounds of what’s best for County in 1992 and ran against the incum- allowed in WIC foods to when and where soft bent in a heated three-way general election drinks could be sold in public schools. the kids.’’ Goodling and his Republican colleagues on contest—a race that Humbert and others see Michigan’s Engler was among the loudest as the beginning of Goodling’s political critics of federal rules and regulations, the Opportunities Committee express con- fidence that the states will demonstrate transformation. Humbert ran as an inde- which he derided at a committee hearing as pendent, challenging Goodling from the a ‘‘crazy quilt.’’ There were, as in the case of sound nutrition and financial practices in dealing with the programs. Their critics are right. He and the Democratic candidate Paul fellow Michigander Hoekstra and the Gerber Kilker, both blasted Goodling for his role in connection, narrower economic consequences less certain, and cite the recent history of the House Bank scandal—it came out that of devolution important to engler as well, in the WIC program as evidence. year that Goodling had hundreds of over- this case involving another major manufac- The infant formula industry, dominated by drafts. turing constituent—the Kellogg Co. Mead Johnson & Co. and Ross Products Divi- In Goodling’s moment of need, he received The cereal giant from Battle Creek has sion of Abbott Laboratories, had raised a visit and timely endorsement from an un- fought for years to modify a federal limit on prices a dozen times from 1981 to 1989, gob- sugar content that excludes Raisin Bran, one bling up more and more of the funds allo- likely friend—the leader of House conserv- of its top-selling products, from the nutri- cated for cereals, milk, eggs, cheese, juice atives, Newt Gingrich. That visit formed a tion program for needy pregnant women and and other foods in the program. After com- bond between Goodling and Gingrich that their young children. Purchased separately, petitive bidding was imposed nationwide, grew stronger: Goodling supported Gingrich raisins and bran both fall within the sugar with Goodling’s support, prices dropped in his rise to power, and Gingrich elevated standard, but combined in Raisin Bran they enough to feed another 1.5 million needy Goodling to the chairmanship after the revo- represent twice the amount that government women and infants. lution. Former aides on the committee’s mi- nutritionists consider healthy in a single In defending the decision to drop competi- nority staff say they detected a noticeable serving. tive bidding language from the devolution shift in their boss’s politics as he linked his Until the Republican revolution in Wash- legislation this year, Goodling said gov- fortunes to Gingrich. Even his moderate col- ington, Kellogg’s efforts to revise the stand- ernors would be ‘‘idiots’’ not to impose it league on the committee, Steve Gunderson, ard and compete in the $285 million-a-year themselves. But as a recent case in Califor- said he noticed Goodling moving to the right market for WIC adult cereals had proved fu- nia shows, states are not always as cost-con- last year. Gunderson attributed it to posi- tile—‘‘like hitting a brick wall,’’ in the scious or resistant to industry pressures. tioning by new members of Goodling’s staff words of company vice-president James When California’s competitively awarded who wanted to be in favor with Gingrich. Stewart. This year Kellogg saw an oppor- contract with Ross expired last December, it The word inside the committee and around tunity to accomplish on the state level what sought to extend the deal without rebidding the nutrition community was that Goodling it could not do with the federal government. it. The Agriculture Department said no, forc- was instructed by the leadership to ‘‘carry The firm employed John Ford, son of the ing a new round of solicitations and a new the water’’ for the committee’s portion of former committee chairman, retired Demo- low bid—half the price of the old deal. The the Contract With America, as one former cratic Congressman William D. Ford of state ended up saving $22 million a year. aide put it. Michigan, to head its lobbying effort. Kel- If ever there was a case of narrow cor- By the time he took over the committee logg also enlisted the support of Gov. Engler porate interests over broad societal inter- this year, Goodling had little choice in any and his staff, who pressed the committee to ests, this is it,’’ said Robert Greenstein, head case. The panel, once a haven for moderates, keep the block grants silent on the question of the Center on Budget and Policy Prior- had been transformed into a strong-hold of of nutritional standards. ities. free-enterprise true believers, many re- Not even the harshest critics of block THE TRANSFORMATION cruited by their intellectual leader, Richard grants predict an abandonment of sound nu- By the time he reached Washington two Armey of Texas, who served on the panel be- trition by the states. But the devolution decades ago, Bill Goodling already had a rep- fore becoming majority leader. The sense of process will create a long-sought opening for utation for compassion and a deep interest in these committee conservatives, as expressed many food industries to carve out larger children and nutrition. As superintendent of by Rep. Cass Ballenger (R), a garrulous good April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5103 old boy from North Carolina was ‘‘to get rid supplying the Special Supplemental Food The final part. of Washington whenever and wherever we Program for Women, Infants and Children So now we are talking about Kellogg can.’’ (WIC)—a nutritional program assisting 7 and sugar content. Ballenger had a personal interest in trying million people that had an effective record to remove the federal bureaucracy from the combating infant mortality and premature The return of nutrition programs to the school lunch program. He and his wife found- births. states would lift federal controls on the ed the Community Ridge Day Care Center in In the early days of the WIC program, in- lunchtime sale of junk food in school cafe- his home town of Hickory, a federally sub- fant formula was bought at market prices. terias—a prospect that several corporate sidized program that serves school break- Since the Federal Government began requir- food giants are already anticipating. Coca- fasts and lunches. The paperwork for reim- ing competitive bidding 6 years ago, the Cola Co., which last year fought off a legisla- bursements, Ballenger said, now goes prices had dropped dramatically, saving tive effort to extend the junk food ban to all through Raleigh, then Atlanta and finally more than $1 billion last year alone and high school grounds, is now showing signs of Washington, a process that means nearly $4 billion over the last 5 years. All of interest. Last month, as the devolution leg- Ballenger’s center ‘‘has to underwrite’’ the those savings were put back into the pro- islation was moving through the House, the meals for a month. He will get his money gram, meaning that more needy infants and company’s law librarian called the national quicker, the congressman said, with the fed- pregnant women could be served. association of school cafeteria personnel for eral government out of the way. ‘‘When he noticed that competitive a breakdown of state laws on soft drink sales The Opportunities panel, by Ballenger’s ac- in schools. count, is now attracting what he proudly bidding had been left out of the Repub- calls free-enterprise ‘‘wild men’’ and ‘‘nuts’’ lican bill this year,’’ and there is a * * * * * who have various similar frustrations with blank, a colleague ‘‘assumed that it ‘‘If ever there was a case of narrow cor- the federal bureaucracy. They were in such a was an unintentional omission, so he porate interests over broad societal inter- mood of cutting and slashing, Ballenger de- drafted an amendment restoring it. He ests, this is it,’’ said Robert Greenstein, head clared, that they would ‘‘kill motherhood to- took the amendment * * * ’’ and hoped of the Center on Budget and Policy Prior- morrow if it was necessary.’’ that it would be accepted quickly, but ities. Goodling would not go that far. He and So, Mr. President, we have Gerber Duke Cunningham, who was once a teacher that did not happen. Nothing was and coach himself, as well as a fighter pilot worked out. lobbying against competitive bidding who was the real-life model for Tom Cruise’s The philosophical commitment to on baby food. I thought we were inter- character in ‘‘Top Gun,’’ managed to prevent not have competitive bidding —and I ested in competitive bidding, effi- efforts by committee conservatives to curb am now just kind of paraphrasing here, ciency. But no, there is no competitive the school lunch program more drastically. not using names—coincided with the bidding. Then we have Kellogg: We do Hoeksta and Ballenger wanted to limit the desires of one of the major corpora- not want any standards on sugar con- increase in the block grants to half the 4.5 percent that eventually was allowed. Good- tions, Gerber Products. This is a com- tent having to do with what our chil- ling and Cunningham also rebuffed an at- pany which is the Nation’s largest dren are eating, though there is not a tempt by governors and conservative com- manufacturer of baby foods and is nutritionist in the United States of mittee members to lump all the program in WIC’s leading supplier of infant for- America who would not tell you that is one block grant. ‘‘I said, ‘No way, Jose’ to mulas. important. Then finally you have Coca- that one,’’ Goodling boasted. Unlike in the infant formula field, Cola eying junk food. Compared to projections for family and competitive bidding is not required of Mr. President, let me simply read school nutrition programs under current law, the two block grants shaped by Good- infant cereal suppliers, but the Govern- this amendment again to the underly- ling’s committee and passed by the House ment seemed to be moving in that di- ing bill, I certainly hope and I plan to represent a reduction of $6.6 billion over five rection and Gerber wanted to maintain have an up-or-down vote on this. years, according to the Agriculture Depart- the status quo. The company lobbied It is the Sense of the Senate that before ment. But Goodling said that the states de- hard against competitive bidding re- the Senate is required to vote on the ques- served the opportunity to run the pro- quirements in the infant cereal indus- tion of whether the WIC program and other grams—‘‘We can’t dictate everything,’’ he try, and was successful. nutrition programs should be converted to said—and that the reduced bureaucracy Part 1. So you have Gerber and the block grant programs to be administered by would lead to savings that could be passed the states, a full and complete investigation along to those who need the programs. whole question of whether there is going to be competitive bidding. I should be conducted by the Senate Commit- The sight of Bill Goodling leading the way tee on Agriculture to determine whether, for the end of federal involvement in the thought we were trying to be efficient, and if so, to what extent, such a proposed anti-hunger programs surprised some long- which would save money that can be substantial change in national policy is the time colleagues. It seemed as though to some plowed back into serving the poorest result of the improper influence of the food extent he was being forced to eat something children in America. But apparently industry and lobbyist acting on the indus- that he did not find entirely palatable. His try’s behalf. training as an educator might have helped that did not happen, and I will have the there, too. Once, while eating lunch with amendment read again so my col- Mr. President, I send this amendment first-graders at one of the Spring Grove ele- leagues will know what we will have an to the desk and speak on this amend- mentary schools, Goodling found himself up-or-down vote on. ment because I was talking about dis- staring down at a steaming heap of cooked Then, part 2: torted priorities earlier, and that was spinach. He hated cooked spinach. But there The cereal giant from Battle Creek has in the context of some the rescissions was a little boy staring at him, and he felt fought for years to modify a federal limit on in the Dole substitute on top of what is that he had no choice but to ‘‘push this sugar content that excludes Raisin Bran, one slimy stuff down my throat to show that I’m already before us. I was arguing why of its top-selling products, from the nutri- the path of least resistance? Why is ev- eating everything that’s on the plate.’’ tion program for needy pregnant women and (About This Series: Propelled by a wave of their young children. Purchased separately, erybody so excited about star wars in populist discontent with Congress and the raisins and bran both fall within the sugar space but unwilling to invest resources Democrats, the new Republican congres- standard, but combined in Raisin Bran they to feed children right here on Earth? sional majority now confronts the reality of represent twice the amount that government Now we have a different kind of pri- power. The struggle to fulfill the demands of nutritionists consider healthy in a single ority. We have a situation where you the Republican mandate while also respond- serving. have your big lobbyists, large corpora- ing to the special interest groups tradition- Until the Republican revolution in Wash- ally allied with the party will be examined in tions, well represented: We do not want ington, Kellogg’s efforts to revise the stand- competitive bids on formula, although a series of occasional articles in the months ard and compete in the $285 million-a-year ahead.) market for WIC adult cereals had proved fu- competitive bids held the price down Mr. WELLSTONE. Mr. President, tile—‘‘like hitting a brick wall,’’ in the and would enable us to feed more hun- this is under a section titled ‘‘Profit words of company vice president. This year gry children. We do not want to have and Ideology,’’ and I will have to be Kellogg saw an opportunity to accomplish on any standards in relation to sugar con- careful to make sure I leave out all the state level what it could not do with the tent, or worrying about that, so we try names. federal government. The firm employed— to make sure the Federal Government The bill as the Republicans had drafted it Someone who did the effective lobby- does not set any kind of standards left out any requirement that States use ing, and the whole effort was, here. Then of course you have these competitive bidding procedures when buying . . . to keep the block grants silent on the companies eyeing the junk food mar- infant formula from the major companies question of nutritional standards. ket in our School Lunch Program. All S 5104 CONGRESSIONAL RECORD — SENATE April 4, 1995 of them are apparently very well rep- The PRESIDING OFFICER. The pending. This may clarify the question resented. Chair would inform the Senator that of the Senator from Nebraska. We had Do you know what, Mr. President? I he may not reserve the right to object. 28. This is Tuesday. We hope to recess did not see mentioned anywhere in this Mr. EXON. I object. on Friday. And everybody is just lengthy piece in the Washington Post The PRESIDING OFFICER. Objec- dreaming up little amendments to try today of any of the women and men tion is heard. to make a few political points. I have who are involved in these nutrition Mr. DOLE. Speed up the call, and we talked with the White House this programs, who devote their lives to will have a vote. morning. If they do not want this bill, serving children—their voice, appar- The PRESIDING OFFICER. The that is fine with me. But what we hope ently, was not heard at all. clerk will call the roll. to do is to take Jordan aid off the first Mr. President, I did not in this arti- The bill clerk resumed the call of the supplemental and add it to this bill. cle read a word about any of the child roll. Then maybe that will get White House advocates or, for that matter, any chil- Mr. DOLE. Mr. President, I ask unan- attention. dren who figured into this discussion at imous consent that the order for the This is a Jordan aid amendment that all. But, instead, what we have here is, quorum call be rescinded. has wide support. It is supported by the unfortunately, an example of the tre- The PRESIDING OFFICER. Is there President. Many of us met with King mendous influence of the food industry objection? The Chair hears none, and it Hussein this year. It has broad biparti- and lobbyists acting on behalf of the is so ordered. san support. All I do in my amend- food industry on legislation, while chil- AMENDMENT NO. 451 TO AMENDMENT NO. 450 ment, in lieu of the matter proposed by dren, those concerned with the needs of Mr. DOLE. Mr. President, I send an the Senator from Minnesota, I insert children, with the concerns and cir- amendment to the desk. the following. And if we are going to cumstances of children’s lives, are left The PRESIDING OFFICER. The proceed with this bill, then we will out of the loop. That is the ‘‘why’’ of clerk will report the amendment. have a vote on this amendment. Maybe this amendment. I ask the clerk to The bill clerk read as follows: then the White House will become in- read this amendment one more time, if The Senator from Kansas [Mr. DOLE], for terested in this bill because now I do I could. himself and Mr. MCCONNELL, proposes an not think the White House cares, and I amendment numbered 451 to amendment No. The PRESIDING OFFICER. Without 450. do not see any reason to continue this objection, it is so ordered. spectacle on the Senate floor, have ev- Mr. WELLSTONE. Mr. President, I The bill clerk read as follows: erybody offering some little amend- suggest the absence of a quorum. ment to score some political points. We At an appropriate place in the bill, insert The PRESIDING OFFICER. The the following: will move on to something else. Chair will inform the Senator from ‘‘SEC. . It is the sense of the Senate that So I have asked Mr. Panetta, the before the Senate is required to vote on the Minnesota he does not have the right to do that when the clerk is reporting White House Chief of Staff, to let me question of whether the WIC program and know after he has a discussion with the other nutrition programs should be con- the amendment. Democratic leader, Senator DASCHLE, verted to block grant programs to be admin- The bill clerk continued with the istered by the states, a full and complete in- reading of the amendment. and then after lunch we decide whether vestigation should be conducted by the Sen- Mr. DOLE. Mr. President, I ask unan- we pull the bill down or whether we ate Committee on Agriculture to determine imous consent that reading of the proceed to vote on this amendment and whether, and if so, to what extent, such a amendment be dispensed with. on the Daschle amendment and on the proposed substantial change in national pol- The PRESIDING OFFICER. Without amendment offered by Senator icy is the result of the improper influence of objection, it is so ordered. ASHCROFT of Missouri. But if there is the food industry and lobbyists acting on the no interest in passing this supple- industry’s behalf.’’ The amendment is as follows: In lieu of the matter proposed to be in- mental bill—there does not appear to Mr. WELLSTONE. Mr. President, I serted, insert the following: be any in the White House—then it thank the Chair. I would simply FOREIGN OPERATIONS, EXPORT FINANCING AND would be my intent to just take the say—— RELATED PROGRAMS bill down. Then we are not going to Mr. ASHCROFT. Mr. President, I BILATERAL ECONOMIC ASSISTANCE send the other supplemental to the suggest the absence of a quorum. FUNDS APPROPRIATED TO THE PRESIDENT White House either. If they do not The PRESIDING OFFICER. The DEBT RESTRUCTURING want to be involved in this process, clerk will call the roll. DEBT RELIEF FOR JORDAN that is up to them. But they cannot The bill clerk proceeded to call the For the cost, as defined in section 502 of have it both ways. roll. the Congressional Budget Act of 1974, of So the amendment is simply the Jor- Mr. EXON. Mr. President, I ask unan- modifying direct loans to Jordan issued by dan amendment, which we have dis- imous consent that the order for the the Export-Import Bank or by the Agency cussed and which has been a matter of quorum call be rescinded. for International Development or by the De- intense interest to the Senator from partment of Defense, or for the cost of modi- Mr. ASHCROFT. I object. Kentucky, Mr. MCCONNELL, and this The PRESIDING OFFICER. There is fying: (1) concessional loans authorized under Title I of the Agricultural Trade De- amendment is offered by me on Sen- objection. velopment and Assistance Act of 1954, as ator MCCONNELL’s behalf. Mr. DOLE. Mr. President, I ask unan- amended, and (2) credits owed by Jordan to I would be happy to yield to the Sen- imous consent that the order for the the Commodity Credit Corporation, as a re- ator from Nebraska for an additional quorum call be rescinded. sult of the Corporation’s status as a guaran- question. Mr. EXON. Reserving the right to ob- tor of credits in connection with export sales Mr. EXON. Will the Senator from ject, and I am not certain I will ob- to Jordan; as authorized under subsection (a) Kansas yield without losing his right ject—— under the heading, ‘‘Debt Relief for Jordan’’, in Title VI of Public Law 103–306, $275,000,000, to the floor for a question? The PRESIDING OFFICER. The to remain available until September 30, 1996: Mr. DOLE. I am happy to. Chair informs the Senator that he does Provided, That not more than $50,000,000 of The PRESIDING OFFICER. The Sen- not have the right to reserve the right the funds appropriated by this paragraph ator from Nebraska is recognized. to object. may be obligated prior to October 1, 1995. Mr. EXON. I would say to the major- Mr. EXON. Reserving the right to ob- Mr. WELLSTONE. Mr. President, I ity leader and other Senators on both ject—— suggest the absence of a quorum. sides of the aisle that it is not the in- The PRESIDING OFFICER. The Sen- Mr. DOLE addressed the Chair. tention of this Senator to cause any ator can object. The PRESIDING OFFICER. The ma- unnecessary delay. I think every Sen- Mr. EXON. Reserving the right to ob- jority leader. ator should be protected with his or ject, if I could get the clarification of Mr. DOLE. Mr. President, I have the her right to offer any amendments that the procedures that we are undertak- floor. they think are in order. I do happen to ing, the Senator from Nebraska sought Mr. President, last time I checked think this is an important piece of leg- recognition a few moments ago. there were 70 amendments on that side islation. April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5105 I have an amendment that I talked worked out to scale down the number do not—that is certainly the preroga- about on Friday morning with regard of amendments and at least get some tive of the President. to eliminating the mandates on the unanimous consent agreements as to I assume we will be hearing from the States with regard to funding of rape how much time we are going to spend Chief of Staff momentarily. In the and incest that I talked about and ever on each amendment? meantime, I would ask the cosponsor of since that time there seemed to be one Mr. DOLE. I thank the Senator from this amendment if I have forgotten roadblock or another to bringing this Nebraska. anything in the process. up. I had stood aside and said I just I would say we have been meeting at Mr. McCONNELL. Will the leader want to place this in the flow of busi- a staff level. Both Senator DASCHLE yield? ness somewhere along the line. So I and I have talked about it on the Sen- Mr. DOLE. I yield, without losing my would certainly ask the majority lead- ate floor. He indicated he might be able right to the floor. er to recognize the rights of the Sen- to whittle down the 70 amendments. The PRESIDING OFFICER. Without ator from Nebraska, with the other Well, it is Tuesday. I am certain we objection, it is so ordered. amendments that the Senator said could whittle down the 28 amendments. Mr. McCONNELL. Mr. President, I were being considered, as to whether or Maybe we will get it down to 50 amend- just want to commend the distin- not the Senator was going to pull down ments. If you took an hour or more on guished leader for offering the Jor- the bill. each one, plus rollcalls, it is not going danian debt relief amendment. This is I hope that maybe we could get to- to happen. It seems to me that rather exactly the same amendment which I gether with some kind of a unanimous- than just let everybody bring up offered earlier this year to the defense consent agreement to protect the amendments here, posturing, doing bill. rights of every Member of this body whatever they are doing, it is best just Essentially what the leader’s amend- and still expedite the process, which I to pull the bill down and have those de- ment would do, it would provide $50 assume is what the Senator, the major- bates at some other time. million in debt relief, which would be ity leader would like to have. In other I know the Senator from Nebraska obligated in fiscal year 1995, and $225 words, there may be some filibuster, has an amendment. I know he is seri- million for 1996. minifilibuster, call it what you want. I ous about it. It is a serious amend- The point is, this is the final install- have no objection to that. I would ment. I would just guarantee him, if we ment in the agreement that we have think though that if we are going to be reach an agreement, that amendment with the Jordanians. The King was in able to have the recess we had sched- will be in the mix unless the Senator town, as we all know, last week. Many uled for this weekend, we are all going decides otherwise. of us met with him. He is making a to have to recognize there is going to Mr. EXON. I thank the leader. good-faith effort to turn his country have to be some give and take some- Mr. WELLSTONE. Will the majority around and to be an important part of where along the line on this. And if leader yield for a brief comment, with- this growing peace movement in the there are reasons why filibusters are out his losing the floor—just a very Middle East. going to be mounted, maybe we could brief comment? I think this is an extremely impor- reach a time agreement to expedite the Mr. DOLE. Mr. President, let me ex- tant measure. I commend the majority cloture process after a reasonable time plain the Jordan amendment. It is $275 leader for offering it to this bill. Maybe of debate and not have the 3-day rule. million debt relief for Jordan, $50 mil- it will make this bill a little sweeter Basically, if we get into a 3-day rule lion in fiscal 1995, $225 million in fiscal for those who seem not to want it to go with regard to a filibuster, it is pretty 1996. And it is an effort by this admin- anywhere. I, obviously, hope this will clear that we are not going to be able istration, supported by bipartisan sup- be approved at the appropriate time. to finish this bill by the end of the porters on each side of the aisle, to I thank the leader. week. And I share some of the concerns support the peace process. Mr. DOLE. I thank the Senator from that the majority leader has, while I The Senator from Kentucky has just Kentucky. will fight, as I always have, for the arrived on the floor and can explain it How much time does the Senator rights of Senators on both sides of the in greater detail. But the purpose of it from Minnesota need? aisle to offer amendments as they are and the reason for it is the fact that Mr. WELLSTONE. I say to the ma- entitled to under the rules. Jordan has made peace with Israel. We jority leader—and I thank him for his I am just wondering. My question of hope there would be an overall peace in graciousness—I would need no more the majority leader is, has there been a the Mideast at the earliest possible than 3 or 4 minutes, just a brief com- meeting recently between the majority time. I know the White House supports ment in response to where we are, leader and the minority leader with re- the amendment. I hope they would sup- without the Senator losing his right to gard to the proposition of trying to port it on this bill and then help us the floor. come to some finite number of amend- bring this bill to a conclusion. It does Mr. DOLE. Would the Senator want 5 ments, agree to a time limit on those; not take any rocket scientist to figure minutes? that if filibusters come up, we possibly out we are not going to deal with 100 Mr. WELLSTONE. Five minutes could have an agreement that we would amendments if we are going to have would be fine. have expedited procedures where clo- sense-of-the-Senate amendments on ev- Does the Senator from Connecticut ture could be recognized the same day, erything. We had one from the Senator want any time? it could be considered the same day as from Massachusetts, taking a couple Mr. DODD. Five or 10 minutes. a cloture motion would be filed, some- hours on Friday, several hours yester- Mr. DOLE. Mr. President, I ask unan- thing to move this process along? day, on a sense-of-the-Senate amend- imous consent, after the Senator from Primarily, I think it is important ment that does not mean anything. Minnesota proceeds for 5 minutes and that we do the business of the Senate, Now we have another one by the Sen- the Senator from Connecticut for 10 work our will and then let the rules ator from Minnesota on the WIC Pro- minutes, that we stand in recess under apply as to whether or not we are going gram. And we will probably have a lot the previous order until 2:15. to pass this piece of legislation. of sense-of-the-Senate amendments. Does the Senator from Kentucky I recognize the frustration of the ma- Maybe that means something some- want any more time? jority leader, although I question where, but I fail to see where. Mr. McCONNELL. No. I would just whether it is wise to have foreign aid If we really want to get this bill make the point that this is completely funds be added to this measure on top done, if we are really concerned about paid for. This Jordanian debt relief is of all of the other consternation that reducing the debt, we ought to be vot- totally paid for. obviously and justifiably surrounds ing to do it. This is $13.5 billion in re- Mr. DOLE. Let me add, I failed to this very important piece of legisla- scissions, a fairly substantial package, recognize that, with the adoption of tion. But we have to move ahead. talking about real spending restraint. the Shelby amendment, it actually My question is: Has there been a re- If the White House does not want to raised the rescission package to $15 bil- cent meeting between the two leaders pass it, if they do not want any spend- lion, not $13.5 billion. So I was in error. to see if something could not be ing restraint—which, apparently, they Is there objection to my request? S 5106 CONGRESSIONAL RECORD — SENATE April 4, 1995 The PRESIDING OFFICER. Is there ment. We will have that debate. But Mr. President, I want to, first of all, objection? then I will come back with this amend- begin by commending the majority to Mr. WELLSTONE. Not at all. ment, and we will have an up-or-down this extent; and that is, the bill, the re- The PRESIDING OFFICER. Without vote on this amendment. And I will scission bill, is a lot better than what objection, it is so ordered. keep bringing this amendment to the existed in the House. No question, this The Senator from Minnesota is rec- floor until we do have that up-or-down is an improvement over what was com- ognized for 5 minutes, and the Senator vote. ing over from the House. from Connecticut will be recognized for Mr. President, this amendment is But it is still a far cry from what I 10 minutes. germane to the debate of rescissions think most people in this country un- Mr. WELLSTONE. I thank the Chair. and cuts in nutrition programs. It is derstand are valuable investments to Mr. President, just so my colleagues relevant to the debate about whether the future of this Nation. understand and the majority leader un- we go in the direction of block grants. I was responsible for Head Start, Mr. derstands, I understand that Senators It is very relevant to what is happening President, 2 years ago, to bring the re- have a right to second-degree amend- in the 104th Congress. authorization bill of Head Start to the ments and I am pleased for us to have I think the Senate sends a very posi- floor of the U.S. Senate. It was a com- this debate, and there will be a vote. tive message to the people of the coun- prehensive bill that called for many But I will bring this amendment back try that we certainly want to make substantive changes in how Head Start to the floor after the vote on the sec- sure that the final nutrition legislation was functioning, but it also called for ond-degree amendment. that we pass, I say to my colleague full funding of Head Start. I do not understand why my col- from Connecticut, has, first and fore- Frankly and very honestly, I pre- leagues have any fear of an up-or-down most, the interests of children, not the pared myself to come to the floor for vote on this amendment. I say to you, interests of the food industry. That is an extensive debate—it was a fairly Mr. President, it is very relevant and what this amendment speaks to. No- controversial bill, the Head Start Pro- timely. We are talking about the WIC body should be afraid of this amend- gram—and to extend full funding and Program. We are talking about nutri- ment. Everybody should want to vote to make other changes, many of which tion programs. for it up or down, and I would assume had been suggested, I might point out, At the same time, we see the power that we would have 100 votes in favor by the distinguished Senator from Kan- of the food industry. We do not have sas, now the chairperson of the Senate of it. competitive bidding on infant formula Labor and Human Resources Commit- I yield the floor. which would save money, money that tee, Senator KASSEBAUM. The PRESIDING OFFICER (Mr. could be used to feed more children. In any event, I came over with leaf- THOMPSON). Under the unanimous-con- We are talking about an effort to lets, folders, and binders to defend this sent agreement, the Senator from Con- strip away, I fear, some nutrition reauthorization bill. I was on the floor necticut now has 10 minutes. standards. We are talking about an ef- all of about 20 or 30 minutes. There was Mr. DODD. Thank you, Mr. Presi- fort to move in by the junk food mar- not a single voice raised in opposition dent. ket. And so my amendment is hardly, to the bill. It was unanimously adopted Mr. President, I would like to return, Mr. President, for show. It is very seri- by this Chamber. if I could, to the basic thrust of the leg- ous. It is ironic—maybe that is not the It reads: islation before us, and that is the re- best word to be using here—that we scission bill. find just a matter of months later a cut It is the sense of the Senate that before the You are going to almost have to hire Senate is required to vote on the question of coming into the Head Start Program, whether the WIC Program and other nutri- a mountain guide to find your way again, a program that has never been tion programs should be converted to block through the legislative process that is the subject of much partisan debate grant programs to be administered by the unfolding here, with various amend- and division over the many years that States, a full and complete investigation ments that are now being offered to the the program has existed because it should be conducted by the Senate Commit- underlying bill and to the substitutes tee on Agriculture to determine whether, works. It does the job that we need to that have been suggested. be doing to try to see to it that the and if so, to what extent, such a proposed Let me, if I can, get back to the core substantial change in national policy is the young children of this country get a result of the improper influence of the food set of issues here. What is primarily be- good start in their educational life. industry and lobbyists acting on the indus- fore us is the rescission bill that cuts It has been a program that has try’s behalf. into the heart of an awful lot of criti- worked tremendously well. Regret- Mr. President, this is not filibuster. I cally important programs that affect fully, we are only getting 1 in 4 of the am quite willing to agree to a time the most vulnerable of people in our so- eligible children with it. So there it limit. I just want an up-or-down vote ciety. It seems to me that we ought to was the collective judgment that it on this amendment. try and keep our eye on that debate. made sense for us to try to reach as Here we have these proposed cuts in Adding elements here that deal with many of those eligible children as pos- nutrition programs, talking about Jordan and other issues, no matter how sible. block-granting, and, in addition, unfor- laudable and appropriate at some point So the reauthorization bill did that, tunately, we have evidence of an indus- for us to debate and discuss, I think it unanimously adopted, not a single try and lobbyists having, I think, too becomes rather obvious, patently obvi- amendment offered on the floor. We much influence in developing some of ous, to anyone who is following this de- had extensive hearings in the Labor this legislation as it moves along in bate that these are efforts to try and and Human Resources Committee and the Congress. distract the attention from the central worked out, I think, a good bill. I think I am just simply saying: What hap- question. the best evidence of the fact it was a pened to competitive bidding? What Certainly this body ought to vote on good bill is that there was not a dis- about nutrition standards for children? whether or not you think the cuts in senting voice, and not a dissenting vote We should investigate before we nutrition programs and Head Start and on that measure. move forward. I think the operative drug free schools ought to take place Now we come back this year and find language is to investigate ‘‘to what ex- or not—we should not have to dwell in- out all of a sudden not only are we not tent, such a proposed substantial terminably on those questions—and going to fund to the extent possible all change in national policy as the result cast your votes yes or no. If you think eligible children in this country, but of the improper influence of the food that these cuts are ones that ought to we are actually going to go after the industry and lobbyists acting on the be made, then you vote for them. If you resources that are only reaching 1 in 4 industry’s behalf.’’ do not, then you vote otherwise. of the children in this Nation. Mr. President we ought to have an But I do not think we assist by doing There are a lot of messages and peo- up-or-down vote. this, since this is almost a self-imposed ple have offered a lot of interpretations So I say to the majority leader, I un- filibuster by the majority on these is- as to what happened on November 8 in derstand the second-degree amend- sues. the election, but I think it is a total April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5107 misreading of those electoral results to I might point out, I joined last year of these title I programs? What hap- assume that the people who voted for with 70 of our colleagues—70—70 per- pens to them? the new majority anticipated that cent of this body joined as cosponsors Again, I thought most people in this some of the very first actions we would for full funding of this program. Now country understood the value of invest- be taking would be to go after the most we find, again, not only are we not ing in these kids so they maximize vulnerable citizens in our society. The reaching the full funding, we are cut- their potential, become self-sufficient, list goes on at some length in this $13 ting into the dollars that are necessary become productive citizens to the max- billion rescission package that really just to maintain the program at its imum extent possible, and here we are does cut into the investment programs present level. now going to eliminate some 70,000 of that are critically important for Amer- In education, again—I hardly think it these children and their families from ica’s children and America’s families. needs repeating out here—the invest- that kind of assistance and support. I mentioned Head Start. There are ment in the educational needs of our Again, I do not think that is what also the nutrition programs and child children are just going to be greater the message was. I think people under- care development. Again, here we are year after year. Here we had the stand that those kinds of investments going to be debating shortly, I hope, Speaker of the House offer a suggestion truly do make a difference in the welfare reform for the country. I do not that there ought to be a tax break wealth of the Nation. know of anyone—in fact, I want to given to people who make a donation of Let me if I can, Mr. President, move, begin by commending my colleague a computer to children. People laughed because I know the time is moving fast from Connecticut, Congresswoman at it. They said, ‘‘That’s a silly idea.’’ here, to the national service issue. NANCY JOHNSON, who is a leading Re- I do not think the Speaker was silly at Again, there is a significant cut here. publican Member of the House. To her all. You might argue about whether or I want to thank the distinguished Sen- great credit, she was able to restore not a tax-cut approach is the best way ator from Missouri, Senator BOND, and some of the funding for the child care to go, but his instincts were absolutely others, because they did a lot better block grant. She could only go so far, correct. than what was in the House bill. quite frankly, with her amendment to Today, if you are not computer lit- I think it is important that people beef up the funding in that area in the erate coming out of an educational sys- understand we are talking about a dif- ference here between what was in the House package, but we are still terribly tem, you are so disadvantaged, and I am not talking about jobs with invest- House and what is in the Senate pack- short of the child care needs in this Na- ment banking firms or insurance com- age. Mr. President, I think this na- tion. panies or defense contractors. Even the tional service idea, the one that en- There are some 10 States that have most basic simple functions today re- joyed such broad-based support only a waiting lists of over 10,000 people for quire a literacy in computer tech- year or so ago, deserves the strong existing child care slots before we nology. And here we are making a $100 backing of our colleagues. move people from welfare to work. In million cut in a program to provide Again, let me cite a personal story if Florida, I think the number is 23,000 on computers for children in our school I can. Mr. President, 35 years ago an- the waiting list. In Georgia, it is in the systems. other American President challenged a neighborhood, I think, of 15,000, to cite I do not understand what the think- generation by serving in something two States that come to mind imme- ing process is if we expect to grow eco- called the Peace Corps. When I was fin- diately. nomically. The best deficit reducer is a ishing up my college, I heard that chal- As we now try to move people from growing economy, people at work. That lenge and it excited me. And I served welfare to work, we have to try to is the best way to cut into this deficit. for 2 years as a Peace Corps volunteer come up with a decent approach to how If we deny these young people the in Latin America, in the Domincan Re- we care for these children. And yet, in tools they are going to have to have to public. this rescission package, we find again get the best possible paying jobs in the I think it was a tremendously valu- several millions of dollars in cuts in future, then we are going to see the ob- able experience. The total cost for my the block grant going back to the vious effects. 2 years was about $5,000. That was States, despite the fact there are al- In Goals 2000, again, we had increases about $100 a month I got paid as a vol- ready literally hundreds of thousands for disadvantaged children, Mr. Presi- unteer, and whatever benefits they pro- of people on waiting lists. As we move dent. To see 70,000 disadvantaged spe- vided. I think the total amount was people from welfare to work, then obvi- cial-needs children being dropped off about that. ously there is a heightened degree of the list of getting help because of a $73 This program here is a national serv- demand for those slots and additional million cut in this $13 billion package, ice program, but not to serve overseas. slots. Again, without even expanding again, I do not understand the impor- This American President said, ‘‘I think the present need out there, we are cut- tance of that. voluntarism and serving one’s country ting into the present need as we move In a sense, maybe this one particular has tremendous value, and I am going people in that direction. issue has more poignancy for me. I to link it with educational benefits. The WIC Program—Women, Infants, have a sister, Mr. President, who is le- How about serving here at home, in- and Children—again, this is a program gally blind, who has been a teacher for stead of going overseas.’’ Lord knows, for which I do not know of dissenters, 25 or 30 years. In growing up, my par- we could use the investment. never heard of them here, because ents were fortunate enough to have the It was exciting and generating a lot there is the general conclusion that in- resources to make the investments so of enthusiasm, particularly among vestment in these nutrition programs that my sister could get all the bene- younger Americans, to answer the call. in the earliest stages of a child’s life— fits of someone who was disabled. Presently 20,000 young Americans have in fact, earlier for pregnant women— As a result of that, today she has answered the call to serve their coun- have made tremendous gains for us, made a significant contribution. She try. That is a remarkable, remarkable not only ethically and morally, but fis- has taught in the largest inner-city el- return on such a call. cally in this country. We know today ementary school in the State of Con- In the Peace Corps days, we did not that a dollar invested in the proper necticut, helped provide the Montessori get anything like that, in the number care of a pregnant woman and an in- system of teaching in this country, has of people stepping forward to volun- fant saves $4 later in health care costs. two master’s degrees, has been a highly teer. Here, 20,000 Americans already, in Those numbers are not being made up. productive citizen, and has made a sig- a little over a year, have stepped for- Those are the facts. Why in the world nificant contribution. What would my ward to volunteer, to try and make would we be making a significant cut sister’s life be like today had she not this a stronger and better country and in the Women, Infants, and Children grown up in a family that had the re- reduce costs. Program, recognizing that it is going sources to make those kinds of invest- They have taught or tutored some to cost us that much more down the ments for her? Would she be as produc- 9,000 preschool children. Mr. President, road if we do not make those kinds of tive? And what will happen to these 9,000 preschool children have benefited investments? children today that we are cutting out as a result of the AmeriCorps Program. S 5108 CONGRESSIONAL RECORD — SENATE April 4, 1995 They have established after-school and Thereupon, the Senate, at 12:15 p.m., riod for morning business. I ask there summer tutoring for more than 4,000 recessed until 2:23 p.m.; whereupon, the be a period of 10 minutes for morning young children. That is just in the first Senate reassembled when called to business, 5 minutes to be used by the year or so of this program. They have order by the Vice President. Senator from Maine and 5 minutes by organized, and supervised community The VICE PRESIDENT. Senators will my colleague from California. service projects for more than that please take their seats, clear the aisles, The PRESIDING OFFICER. Without 4,400 children, cleaning up neighbor- and cease audible conversation. objection, it is so ordered. hoods, delivering food to the elderly. Mr. DOLE addressed the Chair. Mr. KERRY. Mr. President, will the In return for their service, of course, The VICE PRESIDENT. The majority majority leader yield for a question? these members earn an educational leader. Mr. DOLE. Yes. award worth about $4,700 to pay for col- Mr. DOLE. Mr. President, I suggest Mr. KERRY. I ask him what his in- lege courses. What better tradeoff the absence of a quorum. tention would be after the morning could we be getting, than asking Amer- The VICE PRESIDENT. The clerk business. Would we go back to the icans to step in and help out in needed will call the roll. amendment? communities, help needy citizens in The legislative clerk proceeded to Mr. DOLE. I will have a discussion our country, in return for which they call the roll. with the distinguished Democratic get assistance to go on to higher edu- Mr. DOLE. Mr. President, I ask unan- leader during the 10 minutes to see. cation. Again, all of us recognizing, I imous consent that the order for the Mr. KERRY. I thank the Senator. think, the value of trying to defer quorum call be rescinded. Mr. DOLE. Does the Senator need those costs. The PRESIDING OFFICER (Mr. morning business time? Mr. President, the Daschle amend- THOMAS). Without objection, it is so or- Mr. KERRY. No. Mr. President, I had ment includes funding for these pro- dered. wanted to address the bill itself. grams, restoring them, in the areas of f The PRESIDING OFFICER. Who nutrition, education, and AmeriCorps, seeks recognition? the volunteer program, that are criti- EMERGENCY SUPPLEMENTAL Mr. COHEN addressed the Chair. cally important for disadvantaged chil- APPROPRIATIONS ACT The PRESIDING OFFICER. The Sen- dren. These are small investments to The Senate continued with the con- ator from Maine. be making, and yet the return to our sideration of the bill. (The remarks of Mr. COHEN pertain- country is invaluable. AMENDMENT NO. 451, AS MODIFIED, TO ing to the introduction of S. 664 are lo- There are many people who remem- AMENDMENT NO. 450 cated in today’s RECORD under ‘‘State- ber the GI bill and VA mortgages. In Mr. DOLE. Mr. President, what is the ments on Introduced Bills and Joint early 1950 dollars those were expensive pending business? Resolutions.’’) programs, they were not cheap. Yet, I The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- do not know of anyone who would say pending question is the Dole amend- ator from California. it was a bad investment to make when ment No. 451 to the Wellstone amend- Mrs. FEINSTEIN. Thank you very we asked the taxpayers of this country ment. much, Mr. President. to invest in the education needs of an- Mr. DOLE. Mr. President, I send a f other generation of Americans. That is modification of that amendment to the what we are doing here. desk. UCLA’S VICTORY To come out on the very first efforts, The PRESIDING OFFICER. The Sen- Mrs. FEINSTEIN. Mr. President, I the very first targets, the very first ator has a right to modify the amend- rise today to honor a great team, a constituencies that are being asked to ment. It is so modified. great school, and a great State. It is bite the bullet are the ones that we The amendment (No. 451), as modi- fair to say that California has had its will be counting on in the future to fied, is as follows: share of troubles, but it is also fair to make this a stronger, a healthier, more In lieu of the matter proposed to be in- say that we have had our share of vic- vibrant country in the 21st century. serted, insert the following: tories. Mr. President, I would hope that the FOREIGN OPERATIONS, EXPORT FINANCING AND We had a great victory last night, Daschle amendment would be sup- RELATED PROGRAMS when the UCLA Bruins defeated the ported. I would hope that we could get BILATERAL ECONOMIC ASSISTANCE University of Arkansas Razorbacks for an up-and-down vote on these matters, FUNDS APPROPRIATED TO THE PRESIDENT the NCAA Men’s Basketball Champion- and not cloud and obfuscate the debate DEBT RESTRUCTURING ship. by engaging in procedural tactics here The victory was all the more impres- that avoid debate and discussion in DEBT RELIEF FOR JORDAN For the cost, as defined in section 502 of sive because they did it without the votes on the issues that are the sub- play of Tyus Edney, their little floor stance of the underlying bill. the Congressional Budget Act of 1974, of modifying direct loans to Jordan issued by general. It seems to me no one is well served the Export-Import Bank or by the Agency In his absence, the rest of the team by that tactic. It only indicates to for International Development or by the De- stepped up to the challenge. They many Members that there is somehow partment of Defense, or for the cost of modi- broke the aggressive defense of the Ra- some fear about having the kind of fying: (1) concessional loans authorized zorbacks, which has been described as under Title I of the Agricultural Trade De- votes on these issues that this Cham- 40 minutes of Hell. ber ought to, if we are going to accept velopment and Assistance Act of 1954, as amended, and (2) credits owned by Jordan to They won with a combination of the kind of cuts that have been pro- youthful enthusiasm, guts, teamwork, posed. the Commodity Credit Corporation, as a re- sult of the Corporation’s status as a guaran- and stamina. And they won under the Mr. President, I hope we can get back tor of credits in connection with export sales watchful gaze of the Wizard of to this debate, that we can consider the to Jordan; as authorized under subsection (a) Westwood—the legendary retired Daschle amendment, and not see mat- under the heading, ‘‘Debt Relief for Jordan’’, coach, John Wooden. ters be brought up that properly belong in Title VI of Public Law 103–306, $275,000,000, UCLA pulled down 50 rebounds, 21 of to remain available until September 30, 1996: on a foreign relations bill and not on a them at the offensive end. rescission bill dealing with the eco- Provided, That not more than $50,000,000 of the funds appropriated by this paragraph Ed O’Bannon, the senior who battled nomic needs of our Nation. back from knee injury, played the en- Mr. President, I yield the floor. may be obligated prior to October 1, 1995: Provided, That the language under this head- tire game last night and was named f ing in title V of this Act shall have no force Most Outstanding Player. and effect. Toby Bailey, the freshman phenome- RECESS f non from Los Angeles, had 26 points. It The PRESIDING OFFICER. Under was a masterful performance against a the previous order, the Senate will MORNING BUSINESS great opponent. stand in recess until the hour of 2:15 Mr. DOLE. Mr. President, I have been This is the 11th championship by p.m. asked if we might have a 10-minute pe- UCLA, and the first for Coach Jim April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5109 Harrick. John Wooden won a remark- The Senator from Massachusetts. Dole amendment, takes $38 million able 10 tournaments in 12 years be- f from one of the most successful pro- tween 1964 and 1975. Now, for the first grams of community investment that time in 20 years they will be able to THE DOLE AMENDMENT we have in this country, a program hang a national championship banner Mr. KERRY. Mr. President, I am not called Youth Build. at Pauley Pavilion. going to talk about the amendment Last night, I had the privilege of Being the Senator from California, it that I do want to offer at the appro- being in Boston attending the only din- is with great pride that I point out that priate time, providing we continue ner of its kind in the country about four out of five starting players are with this bill. But I would like to talk Youth Build. Youth Build is a program from California: Tyus Edney from Long for a moment about an item that is in that began 5 years ago. It began in Bos- Beach, the sensational brothers the underlying bill. I understand the ton, but it is now in 40 cities in Amer- Charles and Ed O’Bannon from Lake- underlying bill is the House bill which ica. There are 105 units around this wood, and freshman Toby Bailey from has been amended by the committee country that seek funding from HUD LA. amendment, by the Daschle amend- for Youth Build. Mr. President, there Other Californians on the team are ment, and by the Dole amendment. So are only two staff people at HUD man- J.R. Henderson, Bob Myers, Kris John- there is a complicated stream here, but aging this program—two staff people. son, and Kevin Dempsey. I am proud to I am addressing my comments to the So this is not a bureaucratic boon- say that not only is it a California underlying bill and to the Dole amend- doggle. This program provides money school, it is a California team. Other ment itself. directly to local communities. It does players contributing to last night’s vic- One of the things that we have heard not go to the State. It is not chewed up tory were sophomore Cameron Dollar the most discussion about in Washing- in the administrative process. It goes and senior George Zidek, an Academic ton, indeed in the country, is the prob- directly to local communities. There is All-American. The players on this lem of violence in our streets and the no bureaucracy here. There is no waste team are worthy successors of the problem of our young people. I do not here. greats of a generation ago: Alcinder, think there is a Republican or a Demo- There is a tremendous record of suc- Goodrich, Johnson, Walton, and crat who has not run for office talking cess. Last night, I saw a film about Hazzard. about values and the importance of graduates of this program. One of these I would like to extend my sincere trying to transfer values to the young graduates was not too long ago in pris- condolences to President Clinton and people of this country. on. Another graduate was a member of the Razorbacks. Obviously, they made The real test of this country, cer- a gang. Another graduate was a drug a good show. But this win is particu- tainly of the U.S. Senate and the addict. Today, they are employed in larly significant because California has House, will be our ability to keep faith the private sector. They are leaders in been through a period of fire, flood, with the American people and trans- the community; they are in college; earthquake, and major grief. And when late the rhetoric into some kind of sub- they are managers of our Boston Har- teams like the San Francisco ’49ers win stantive approach. bor project; they are involved in engi- a Super Bowl and the UCLA Bruins win Now I do not come to the floor with neering; they are in carpenters unions; the NCAA Championship, it brings peo- the notion that the Government has all they are apprentices. For the first time ple together and it shows the spark and the answers. I think we have been so- in their lives, they are making it, and spirit of what made this State so great bered up and learned a lot in the last they are making it because this pro- in the first place. years. And I do not come to the floor gram reached out into the community It was a special win. My sincere con- with the notion that the only way to to these kids and took kids who had gratulations to UCLA. I know I am try to deal with the values issue is to dropped out of school, who have no joined by my colleague, Senator BAR- have a Government incentive or a Gov- family connections, and gave them a BARA BOXER, and by every Member of ernment program, but we have to be purpose in life and a skill. this Senate in saying it was a job truly honest. At the same time as we admit What Youth Build does is take these well done. that reality, we ought to also admit kids and puts them into 1 week of high- Mr. KERRY addressed the Chair. that there are programs that make a school equivalency and 1 week on a site The PRESIDING OFFICER (Mr. difference; that there are certain in an old abandoned home donated by ASHCROFT). The Senator from Massa- things that the private sector will not the city, labor donated by the archi- chusetts. do for itself; that there are certain tects of the city, the carpenters union f kinds of initiatives that only get start- donating the skill, and all of those are ed by virtue of the leverage provided by married in a synergy that brings those ORDER OF PROCEDURE the public sector which empowers the kids into the first-time environment Mr. KERRY. Mr. President, it is my private sector or nonprofits to be able they have ever had that gives them a understanding that the leaders wanted to make a difference in the lives of sense of purpose, a sense of responsibil- to confer. I do not know if that con- other human beings. ity and accountability, not just to soci- ference has taken place and a decision One of the cuts that takes place in ety around them but to themselves— made. I did have an amendment I was the underlying Dole amendment, which each and every one of them. prepared to offer. I must say, I do not know if it is inten- That is values. That is values trans- Mr. LOTT. Mr. President, I request of tional. I do not know if the Senator fer. Mr. President, it just does not the Senator that he withhold. I believe from Kansas, who I know to be some- make sense to take the few hundred our leaders are both conferring and body genuinely concerned about these bucks per person that you are stripping prefer not to go forward at this point matters, is aware that this slipped in away and leave them with the possibil- until they can have that meeting. there or is in there. But the effect of ity of our spending $30,000 to $50,000 a Mr. KERRY. Mr. President, if I may the Dole amendment is to cut one of year to house them in a prison some- then, I ask unanimous consent that I the most significant programs of ac- where down the line. be permitted to speak as if in morning complishment in this country and it In Boston alone, there are 10 kids ap- business for a period of time. runs completely counter to the talk of plying for this program for every 1 that The PRESIDING OFFICER. Is there returning responsibility to the local gets into it. Mr. President, I do not objection? level, because this amendment takes hear people running around the Nation Mr. LOTT. Reserving the right to ob- resources directly out of the commu- saying this is where the waste is. I do ject, the leader did get 10 minutes time nities and out of the private entities, not hear people saying cut those pro- in morning business. the self-started entities of commu- grams that put kids into a useful envi- Mr. KERRY. If I could have 10 min- nities, and strips them of their ability ronment. I do not see some great hue utes, Mr. President, I would appreciate to make a difference in the lives of our and cry in the country saying, ‘‘We’re it. kids. going to throw you all out of office if The PRESIDING OFFICER. Without Mr. President, the amendment that I you don’t cut the money for Youth objection, it is so ordered. am referring to, or a portion of the Build.’’ But we are cutting it, and the S 5110 CONGRESSIONAL RECORD — SENATE April 4, 1995 question has to be asked, why? What is will not. I hope we will recognize that citizens. I have seen them in homes for the rationale? perhaps this is an oversight, and we the elderly. I have seen them helping We all understand we have to cut should make a different judgment. the elderly stay in their own homes, somewhere, but does it make sense to I yield the floor. which is most important in terms of be cutting this program and then turn Mr. LOTT. I suggest the absence of a both their quality of life and in terms around and spend a huge amount of quorum. of actually saving taxpayers’ dollars. money on the Market Promotion Pro- The PRESIDING OFFICER (Mr. I have seen them in tutoring and gram, for instance, where we give ABRAHAM). The clerk will call the roll. mentoring positions for young kinder- money to McDonalds and a whole The bill clerk proceeded to call the garten, first, second and third graders bunch of big companies to sell their roll. in inner-city schools. And I have seen goods abroad, companies that can af- Mr. NUNN. Mr. President, I ask them in connection with Habitat for ford to advertise on there own? unanimous consent that the order for Humanity building new homes for Mr. President, we have some $85 mil- the quorum call be rescinded. needy families and have begun con- lion, I think it is, in the Market Pro- The PRESIDING OFFICER. Without struction on many other homes. motion Program. The Market Pro- objection, it is so ordered. I have seen them in many other occu- motion Program gives Tyson Foods f pations, as have others who have ob- $937,000; International Foods, $179,000; EMERGENCY SUPPLEMENTAL served this program throughout the Gold’s Gym, $226,000; Mott’s Inter- APPROPRIATIONS ACT United States. national; Pepperidge Farm; Tropicana; The second kind of benefit national Entenmanns; Tootsie Roll; Beer Nuts; The Senate continued with the con- service provides is the personal and Ocean Spray; Friendly’s; Gortons; sideration of the bill. civic development of the participants. Perdue; Giant Food; General Mills; Mr. NUNN. Mr. President, I rise In recent years, too many Americans Pillsbury; Ralston Purina; M&M Mars; today to urge the Senate to support an have forgotten the relationship be- Campbell Soup; Haagen-Dazs; R.W. effort to restore funding to the Cor- tween rights and responsibilities. We poration for National and Community Frookie; Snapple; Chichita; Borden; often see reports in the news media Service. The case for national service Hershey; Brach’s Candy; Miller beer— about various groups or individuals depends on understanding that it they all get money, but Youth Build is proclaiming that this Government uniquely offers a triple investment in not going to get money. service or that protection is a right. It does not make sense, Mr. Presi- the future productive capacity of our people and our communities: First, the We are all so often reminded of the dent. I think what the American people rights all Americans should enjoy that said last November is, ‘‘We want you to service performed; second, the service experienced; and third, the postservice we lose sight too often of the other side express some common sense on our be- of the same coin: The responsibilities half,’’ and, for the life of me, I do not educational benefit. I know the word ‘‘investment’’ has that we share in order to make the understand why we would want to be rights possible. cutting a program like Youth Build been abused and debated on the Senate floor over the years. For some, it is Just as we have rights to freedom, to which has been proven to work. life, liberty and the pursuit of happi- Last night, I listened to a young man just a code word for Government spend- ing. We must not, however, become so ness, those sacred rights carry with by the name of Robert Clark. Robert cynical that we do not see a real in- them equally sacred responsibilities. Clark was in prison. Robert Clark is vestment when a payoff is staring us in National service is reconnecting the now a full-time student at a well- the face. relationship between the two fun- known university on the east coast of The first component of benefit of this damental tenets—rights and respon- the United States. He is doing well. He investment is the word in the name of sibilities—of our democracy for thou- has testified before committees in the the organization—service. Critics have sands of young people. This program Congress. He has done an extraordinary tried to attack national service in a provides young people with opportuni- job of explaining to people the connec- number of ways. ties to fulfill that obligation to give tion between a program like Youth During the debate on the authorizing something back to their country and to Build and his capacity to rejoin society legislation, we heard cries about how their communities. as a productive member. It just seems many more Pell grants we could fund The third kind of benefit which is de- to me that if you are going to talk with the money, or how many more job rived from the national service pro- about investing in the future of this training programs we could fund with gram is the postservice educational country, we ought to remember what the same money. Though these criti- benefit. As most of my colleagues will makes a difference, Mr. President. cisms make valid points as far as they agree, education is the best indicator Robert Kennedy spoke of this in 1968 go, they lose sight of the crucial fact we have of upward mobility. Not only in a high school in Scottsbluff, NE, and that national service does not exist to does the participant increase his or her he talked about the sense of commu- provide student aid or job training. The potential to get a high-paying job and nity that we ought to be celebrating in most important benefit of this program become a contributing taxpaying mem- a choice like this with respect to is the service provided by AmeriCorps ber of the community, the community Youth Build. He said: members. also benefits from citizens who run At every critical mark in our history, Mr. President, I visited a number of businesses, citizens who pay taxes, citi- Americans have looked beyond the narrow these AmeriCorps projects, and before zens who participate in civic organiza- borders of personal concern, remembering the bonds that tied them to their fellow citi- that, the national service projects that tions, and citizens who contribute to zens. These efforts were not acts of charity. were the pilot projects authorized be- the community. They sprang from the recognition of a root fore this program. I have seen young This sort of educational assistance fact of American life that we all share in people in a small town of Vidalia, GA, becomes even more important in a each other’s fortunes, that where one of us helping teach Spanish to young stu- time when our more traditional forms prospers, all of us prosper, and where one of dents that did not understand basic of educational financial assistance are us falters, so do we all. Spanish. Most importantly, these stu- facing severe funding restrictions and He said in 1968, and we ought to think dents were filling a huge void where reductions. about it again as we make these there were no Spanish teachers in the I hope all of my colleagues under- choices in 1995, that: community by helping immigrants stand this is not a program which fills It is this sense, more than any failure of learn to speak English, because they members’ time doing calisthenics or good will or policy, that we have missed in had no way of learning without some- singing ‘‘Kum Bah Yah’’ around the America. one who could converse with them. campfire. They perform hard work des- Mr. President, in the course of exer- I have seen young people also in the perately needed by local citizens, gov- cising choices in this legislation, it same community and in Thomson, GA, ernments and businesses that is not seems we are perhaps about to again helping in nursing homes in crucial being performed by others in the com- miss that in America, and I hope we kinds of occupations with our elderly munity. April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5111 They get their hands dirty. They are First, clarify the terminology. AmeriCorps troduced the CCC, he stressed the concrete tired at the end of the day. They occa- members are not ‘‘volunteers.’’ They receive works that would be accomplished not the sionally pound a thumb with a hammer a minimum-wage stipend and a modest edu- self-improvement of the corps members. The in the building occupations which cation benefit—$4,725—for each year of serv- standard for AmeriCorps should be simple: If ice completed. AmeriCorps participants the server disappeared would anybody miss many of them are doing. should be called corps members, servers or her or him? The bottom line is that the work enrollees. Another trouble spot must be pointed out— they do is needed by our communities. Gingrich’s designation of ‘‘coerced vol- a skewed political base. Support for youth Along the way, they acquire real world unteerism’’ is an oxymoron that misses the corps is by no means to come across that skills and maturity that will make point. Does he object when we call our mili- way. After all, it was the centrist Demo- them better citizens and help the coun- tary an ‘‘All-Volunteer Force’’ where sol- cratic Leadership Council that initiated the try. diers earn a decent salary? Or that a member contemporary move to national service. Con- of the Peace Corps is officially called a servative icon William F. Buckley Jr. has For Congress to decimate this pro- ‘‘Peace Corps Volunteer’’ when paid a sti- gram at a time when it has only begun, long been an eloquent advocate for the pend equivalent to that of an AmeriCorps cause. Liberal proponents of AmeriCorps before any organized results can be server? And, while on the subject, let us not must practice diversity when they seek compiled, would be to sell this pro- forget volunteerism does not always come counsel on national service. Bipartisan input gram, and I believe our young people, free, either. In its first year of operation, the is a prerequisite of bipartisan support. and our Nation short. volunteerism-boosting Points of Light Foun- One more thing liberals ought to raise with There is a good analogy, Mr. Presi- dation, a George Bush pet project, granted $4 Newt Gingrich. Without AmeriCorps who million to service organizations while spend- dent, to be found between national will staff all those orphanages coming on ing $22 million on promotions and adminis- line? service and our Nation’s Armed Forces. trative expenses. We do not maintain Armed Forces in AmeriCorps was set up to be run mainly Mr. NUNN. We call the military serv- order to provide valuable skills and de- through local agencies and non-profit organi- ices now a volunteer force, but they are velop good character in young men and zations. But national service faces a core paid substantially more, even at entry women. Rather, Armed Forces person- paradox. Everyone is for local control and levels, than any of the young people in nel develop skills and character in the decentralization, but only federally-run and national service. I think that is appro- centralized organizations have name rec- priate. military as they carry out their pri- ognition and credibility. The blunt fact is mary mission of providing for our Na- that not many Americans have never heard The educational benefits are also tion’s security. The same is true of na- of AmeriCorps and even fewer know what it higher, substantially higher, than the tional service. Members perform cru- is doing. Contrast this with Franklin Roo- national service educational benefits. cial important services in their com- sevelt’s Civilian Conservation Corps, John If we add educational benefit to the munities, and along the way they gain Kennedy’s Peace Corps and even Lyndon total pay package, there is no real important life skills. Johnson’s VISTA. National service is, after comparison between the pay and bene- Additionally, we often hear from all, national. fits of the military, which is much Even though the membership of higher than national service, and that some critics who attack national serv- AmeriCorps in its first year, 20,000, is greater ice as coerced voluntarism—as if the than that of the Peace Corps at any time, its is the way it should be, because mili- provision of a stipend for living ex- visibility does not faintly approach the tary personnel are also in harm’s way penses somehow cheapens the service Peace Corps. More striking, the glow of the on many occasions. performed or stains the motives of the highly centralized and Army-run CCC re- It is a different occupation, but the participant. mains strong in the national consciousness, thing that is very similar is that they I note the critics seldom raise the even though it expired a half century ago. are both called voluntary and they same objections to our Nation’s All- Yet, the National Youth Administration, the both are voluntary. No one is com- larger but decentralized contemporary of the pelled to take either occupation or ei- Volunteer military force. I believe CCC, is all but forgotten. these points are made very clear in a Two changes are needed if AmeriCorps is ther program. recent op-ed by Charlie Moskos, a re- to capture the public imagination. At the I think we should be very careful in spected sociologist at Northwestern federal level, the National Civilian Commu- saying on the one hand that national University, and I ask unanimous con- nity Corps, presently a minor component of service is not voluntary because these sent that this op-ed piece be reprinted AmeriCorps, must become a modern version young people are being paid, and the in the RECORD. of the CCC, one of the most successful pro- military is voluntary because they are There being no objection, the mate- grams of the New Deal era. also being paid and they are also in At the local level, AmeriCorps must focus many of the occupations, getting spe- rial was ordered to be printed in the its mission. Currently, it does too many RECORD, as follows: things leaving a diffuse image. An impres- cial bonuses. They are still volunteers. [From the Chicago Tribune, Mar. 14, 1995] sive example of what national service can do Considering all the benefits national comes from Germany. Conscientious objec- service provides, at the community BUILDING A CONSTITUENCY FOR NATIONAL tors to the draft perform alternative service. level, it is difficult to see why some of SERVICE One key duty—meals on wheels, transpor- our colleagues object to it. Indeed, (By Charles Moskos) tation to shopping and medical facilities—al- given the debates we have heard on un- My first and only meeting with Newt Ging- lows the elderly to continue to live in their funded mandates legislation and the, I rich was in the spring of 1981. The second- own homes. Savings are tremendous. The think, justifiable move for continued term congressman already had a reputation value of each server is estimated at more for new ideas and he wanted to talk about than $25,000 per year above costs. These ‘‘ci- devolution of responsibilities from the national service for young people. He cer- vilian servers’’ are now so highly valued that Federal to State and local governments tainly seemed supportive of the concept. Yet, they are used as an argument to maintain in this body, I would hope that our col- Speaker Gingrich is now quoted as ‘‘totally, military conscription. leagues would agree that national serv- unequivocally opposed to national service.’’ Whether federally or locally organized, the ice represents the type of government He lambasted the newly established emphasis in national service must always be we ought to support. AmeriCorps as ‘‘coerced voluntarism’’ and on the service delivered, not on the good National service is not a Federal ‘‘gimmickry.’’ done for the server. AmeriCorps tends to get mandate for any specific type of serv- The quick explanation for this turn-around mushy—or, as Gingrich puts it, ‘‘gim- is that the Republican leader is making micky’’—on this score. Proponents of ice. That is left up to the communities, points against one of the most significant ac- AmeriCorps too often stress how community and the communities decide whether complishments of the Clinton administra- service benefits the young person, rather they want to participate at all. Na- tion. With a GOP majority on Capitol Hill, than what the server is exactly doing. Young tional service gives communities and national service is targeted for elimination people doing calisthenics in youth corps T– service organizations the chance to in the next budget authorization. Gingrich’s shirts is not the way to guild a constituency voluntarily identify and perform the present hostility to national service also has for national service. kind of service which best meets the an upside, however. Now is the time to We do not have armed forces to mature local need, with the Federal Govern- refocus public attention on the philosophy young men and women. But the military per- and program of AmeriCorps. To bring Ging- forms these functions well precisely because ment providing most, but not all, of rich back on board, supporters of national it is not defined as remedial organization. the funding. service should be responsive rather than The same must be the case for civilian serv- At the same time, it allows young confrontational. ice. We should remember that when FDR in- people to serve their communities and S 5112 CONGRESSIONAL RECORD — SENATE April 4, 1995 to address real problems without Fed- employer outside of the government, coming to the floor of the Senate this eral micromanagement. outside of the military—not just out- year, and it is a welfare reform bill Finally, Mr. President, I would make side of the government, outside the that is going to have work programs in the point that the proposed rescission military—I cannot force someone to go place for people who truly are in need of national service funds is, to say the to work for me. If a person wants to of the work experience, the training, least, premature. The first full funding leave my employment, I cannot force the education. Those people are the year is only half complete and the data them to stay. folks we should be targeting these on the programs’ accomplishments is So the reason it is called a volunteer kinds of projects on, these kinds of du- only available in anecdotal form. army is because the military has the ties that can be done by people who We need analysis on the program. authority to make a person work for truly need them. Rather than making a decision to cut them even if they do not want to. The problem with AmeriCorps is you this program based on incomplete in- To suggest that AmeriCorps and na- do not have to be poor to be in formation now available to the appro- tional service is volunteer, based on AmeriCorps. You do not have to be priations process, we should save this that motto, makes me a volunteer. No young. You always hear people defend- debate on the scope and the direction one forced me to run for the U.S. Sen- ing AmeriCorps, saying, ‘‘All these of the program for the authorizing ate. So I guess I volunteered for it. So young people, we need to help them.’’ committee next year, when more com- I guess people could call me a volun- You can be in AmeriCorps if you are 60 plete information is available. teer. The young lady standing in front years of age. You can be in AmeriCorps I am confident that the program, if of me who is taking down my words, is, if you are a millionaire. There is no age given a chance to do so, will admirably in fact, a volunteer. No one made her limitation up to 60; there is no limita- prove its worth. At least we should take this job. She took it because she tion on income. In fact, 25 percent of give it a chance. volunteered for it. the people already in AmeriCorps have Mr. President, I urge my colleagues So we are all volunteers. Well, that is family incomes of $50,000 or more. to restore funding of the national serv- nice. That is sort of fuzzy and makes So when you hear of all these won- ice program. I urge them not to fail the the waters a little murky. If we are all derful images of poor young children students and the young people who are volunteers, then—none of us are volun- learning maturity and life skills teers, really. And that is really the out there doing these things and this is through their service in the program. point. This is no more a volunteer than what these programs are for, that is Most important, I urge them not to fail any other job in any other agency of just a few examples. That is not the the communities, the churches, the the Federal Government. norm. What we should do is take this schools, the businesses, and the indi- In fact, I believe the Senator from idea of community service, which is a viduals who benefit from the hard work Missouri who came up here yesterday, very beneficial one, and focus it on the of our young people. I thank the Chair. Senator BOND, had a chart that showed people who need it the most and create I yield the floor. that about 10 percent, or 15 percent of those work programs for the people I suggest the absence of a quorum. AmeriCorps employees work for the who are already receiving the Govern- The PRESIDING OFFICER. The Federal Government, work for the De- ment benefit, and that is people on wel- clerk will call the roll. partment of the Interior, the Depart- fare who desperately need, desperately The legislative clerk proceeded to ment of Justice, the Department of need the opportunities that these kinds call the roll. Veterans Affairs, the Department of of worthwhile jobs—and many of them Mr. SANTORUM. Mr. President, I Energy, the Department of Agri- are worthwhile jobs—would have. ask unanimous consent that the order culture, the National Endowment for So I am not against community serv- for the quorum call be rescinded. the Arts. A lot of them are, in fact, ice. I do not think anybody who stands The PRESIDING OFFICER. Without plain old Government employees, paid up here says we are against community objection, it is so ordered. for through this AmeriCorps Program. service. We believe community service Mr. SANTORUM. Mr. President, I I just hope we get the rhetoric right is a laudable thing. We also believe it ask to speak 5 minutes as in morning here. This is not voluntarism. There should still be a volunteer thing, not a business. really is not any other example that paid position. The PRESIDING OFFICER. Without would suggest that someone who is I think it undermines the whole vol- objection, it is so ordered. making what an AmeriCorps volunteer unteer spirit in America if you take a Mr. SANTORUM. Thank you, Mr. makes is a volunteer. selected class of people and say these President. I wanted to respond to the Senator GRASSLEY was on the floor people are somehow better volunteers, Senator from Georgia, who I have the yesterday talking about employees and therefore should be paid, than utmost amount of respect for, and re- from ACORN, which is a housing orga- those who are not. spect his views on the national service nization, funded with $1 million for So again, I commend the Senator plan. I just happen to disagree with Americorps. The average cost for each from Georgia for his idealism, but I them. I wanted to comment on a couple AmeriCorps volunteer is $41,000. That think we can better focus it on the peo- of the points he made. is what each ACORN volunteer is paid ple who are in need, the people who al- I have heard often this analogy that in compensation packages, from the ready receive Government assistance, national service corps members are Federal Government. the people who need the opportunity to volunteers as much as people who are The Legal Services Corporation has a move forward as opposed to folks who in our military are volunteers because $1 million AmeriCorps grant. These are being targeted for the AmeriCorps we have an all-volunteer force. The volunteers make $48,000 a year. Now, it Program today. reason we call it an all volunteer force, is hard to sell, at least to me and I I yield the floor. it is the only area that I am aware of think a lot of Americans, that people The PRESIDING OFFICER. The Sen- where we have the Government author- making that amount of money are ator from Mississippi is recognized. ity that can force people to do some- truly volunteers. Mr. LOTT. Madam President, the thing they would not otherwise do. What the Senator from Georgia did leaders of both parties have been meet- Force people to work. In other words, say that I agree with is that there are ing and working on an agreement and I work in the military. worthwhile projects going on within believe we are about ready to make The Government, through our au- Americorps. I do not think there is any some requests here. I understand per- thority as a Government, can if we so question there certainly is a need to haps we will be ready to go with that in choose, force people, conscript people help children learn how to read or help just a moment. So in order to facilitate into the military. people who need some assistance. The the distinguished Democratic leader, if As I am sure the Senator from geor- AmeriCorps program does fill in some I could at this point observe the ab- gia knows, there is a whole body of em- gaps and holes and can be very helpful. sence of a quorum so we could get this ployment law out there that says an What I have suggested in the past, unanimous-consent agreement put in. employer cannot force an employee to and I suggest to the Senator from Mr. EXON. Will the Senator yield for perform for the employer. If I am an Georgia, is that there will be a bill a question? April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5113 Mr. LOTT. I will be glad to yield for creasing advertising. It is rather by tions that have sprung up alongside a question. We want to get this unani- digitizing, compressing its program- that receive their grants and which in mous-consent request as quickly as ming, and making it available for sale turn pay salaries two and three times possible, but I will be glad to yield to to such outlets as Arts and Entertain- higher than Senators make—we should the Senator. ment, to the Learning Channel, to the remember that this is taxpayers’ Mr. EXON. Do I understand from the History Channel, and to the hundreds money. Senator from Mississippi that finally, of new video dial tone channels that So I join in this effort that is on the at long last, the two leaders are work- are springing up across the country Senate floor, and also I am working ing and are, according to the informa- from the regional telephone companies. with the Budget Committee to have a tion that he has, about to come on the Also, the Corporation for Public 3-year plan to phase out the Federal floor to outline some unanimous-con- Broadcasting and its public broadcast- subsidy. sent type of agreement that will move ing entities could get a great deal larg- Earlier this year, Madam President, the process ahead? er percentage of the things that appear there was some controversy about a Mr. LOTT. I believe that has been oc- on the free public platform. They have questionnaire that I sent to the Cor- curring. I know the leaders met within already voted to start getting a larger poration for Public Broadcasting. As the last few minutes and they are look- percentage of that. chairman of the oversight committee, I ing over an agreement which we hope For example, whether it is Barney, or asked a lot of questions about where to be able to announce momentarily. I whether it is Bill Moyers’ Journal, or and how the money moved. In my see the distinguished Democratic lead- whatever else, if there is money made State of South Dakota, we get $1.7 mil- er is here, so maybe we are ready. We from the sale of tapes of that show and lion from Washington, DC, but in- are not quite ready yet? paraphernalia, I think the taxpayers stantly have to send over $1 million Mr. EXON. I was about ready to try ought to be entitled to 20 percent or 30 back for programming. My State and to get the amendment before us set percent of it—or maybe more—what- small rural States should be able to aside for the purpose of calling up an ever they can negotiate in a business- shop around. Maybe they would want amendment that I first presented at like way. to buy some digitized compressed pro- the desk way back last week, sometime In addition, public broadcasting will gramming from Arts and Entertain- Friday. I had it ready Wednesday, al- be digitizing and compressing parts of ment, or from Nickelodeon. This chil- most a week ago, and have been trying its spectrum, and they can rent part of dren’s programming is marketed to to accommodate everybody else. But that spectrum or sell it or use it in France, incidentally, and dubbed. It is there does not seem to be much accom- some way, and they can have far more about the only cultural import the modation. money than they have now. French welcome, educational chil- But I guess I can wait for another 10 So my point is, Madam President, dren’s programming made privately. minutes to see whether or not we can that the Corporation for Public Broad- The point of the whole matter is that bring some reality out of the morass casting and the other public broadcast- there are plenty of opportunities for that we seem to be in from the stand- ing entities are sitting on a treasure public broadcasting to make money, point of procedure in the Senate as of trove that they can utilize. The tax- and it is most unfortunate that they now. payers of this country do not have to are not carrying that out. But they put Mr. LOTT. I believe the Senate is un- subsidize them. They can do just as forth the argument that we are trying derway and I thank the distinguished well. They can provide more money to to take away children’s programming Senator from Nebraska for his pa- rural radio and TV and more money to and rural radio. That is not true. tience. children’s programming than they are In my State, our State legislature I suggest the absence of a quorum. now. voted down a resolution urging that The PRESIDING OFFICER. The If this body wishes, when it comes to more Federal moneys be sought for the clerk will call the roll. zeroing out and to replacing over a 3- Corporation for Public Broadcasting The legislative clerk proceeded to year period or 2-year period their mon- because people understand that there is call the roll. eys, they can place a requirement for a very misleading campaign underway Mr. PRESSLER. Madam President, I certain rural programming and for here. My State is one of those that has ask unanimous consent that the order children’s programming—just as when the most rural radio perhaps of all. for the quorum call be rescinded. Conrail was privatized on this Senate Let me say, Madam President, that I The PRESIDING OFFICER (Mrs. floor and we placed certain covenants have contributed every year to public SNOWE). Without objection, it is so or- or requirements on Conrail to provide broadcasting, long before this debate. I dered. certain local service, just as we require contributed again this year because I f airlines to provide certain safety for think it has its place. But those small the public, just as we require that States are not getting their fair share SELF-FUNDING FOR PUBLIC other private companies meet service under the present formulas that are BROADCASTING requirements, such as the regional used. And far more of the moneys go to Mr. PRESSLER. Madam President, I telephone companies who have a uni- grants to their favorite foundations rise to speak on a portion of this con- versal fund to provide long-distance and nonprofit groups here inside the sideration regarding the Corporation services in rural areas and small towns. beltway that pay salaries up to $750,000 for Public Broadcasting. It has been All of this can be done. a year as Senator DOLE published on my concern for some time that we Vice President GORE talked about this Senate floor, and other salaries of could make the Corporation for Public reinventing and privatizing. I think $450,000, and so forth. Those are tax- Broadcasting self-funding, or, if I may and have thought that the Corporation payers’ dollars, incidentally. use the term, privatized, although I for Public Broadcasting, the Public So the next time someone comes up think self-funding would be better. Broadcasting Service, and National to me and says, ‘‘Ah, you are against Presently the Corporation for Public Public Radio can do so. rural radio,’’ I would say to them that Broadcasting is a private corporation Madam President, the defenders of one salary here paid at the favorite with Federal funding. At the end of the status quo have waged a nation- foundations of the Corporation for Pub- their programming each day you see it wide campaign that is very misleading. lic Broadcasting is greater than my says, ‘‘The Corporation for Public They say that Senator PRESSLER and whole State gets in a year’s time. Broadcasting funded by the Federal others are out to kill Big Bird or out to So let us put things into perspective. Government’’—a private corporation kill rural radio. Is it not strange that The Corporation for Public Broadcast- funded by the American people. they do not talk about cutting any- ing and its related entities here inside I am of the opinion that through a thing inside the beltway? When we the beltway have become a bloated bu- program that I recently presented in look at the National Public Radio reaucracy, and reform is needed. the Washington Post, the corporation building and its equipment; at the Cor- They are making some reforms now, can become private, can become self- poration for Public Broadcasting and and I commend them for those reforms. funding, and it is not necessarily by in- its salaries; at the nonprofit organiza- One of the reforms was that they voted S 5114 CONGRESSIONAL RECORD — SENATE April 4, 1995 to start getting a percentage of those public television in 1963 before we ever pand opportunities and save taxpayer dol- items that appear and make profits on had the Corporation for Public Broad- lars. the free public platform that is pro- casting. And so I join with my col- Why do I seek change? Because times have vided. Another reform that they are leagues here on the Senate floor, and I changed. Today’s electronic media are vastly making, I believe, is that they are hope I can say I join with the leader- different from those of the 1960s, when the current system of federal subsidies for public starting to learn to partner with the ship of public broadcasting in this broadcasting was established. The old theory information superhighway to compress country, to move toward a better sys- of ‘‘market failure’’ for educational pro- and digitize their programming and tem, a system not so bloated with bu- gramming is completely untenable in to- sell it, or swap it, and that is some- reaucracy. day’s environment. Educational and cultural thing that I have advocated for a long In our States, our State legislatures programs can and do make profits when time. So I think what will come out of pay most of the costs of our public their quality is good and marketing astute. this is a better Corporation for Public radio and television. Individual con- The only money losers in today’s arrange- Broadcasting, a better public TV and tributors also, such as myself and, I ment are the taxpayers. radio in this country. might add, NEWT GINGRICH, have con- A Feb. 24 Post editorial stated it is time So far as the questions that I submit- tributed to public radio and TV. The for the public broadcasting industry to face ted, they are the same questions that State legislatures pay for most of the reality. The issue no longer should be wheth- every broadcaster in this country must public radio and television in this er federal subsidies for public broadcasting will be cut. I could not agree more. Congress answer every year regarding minority country. The corporation was founded now is debating when and how much. The hiring, but public broadcasting some- so there would be a national clearing House Appropriations subcommittee on how feels they are exempt from it. house, so to speak, and it did a lot of labor, health and human services already has They have the stories written in the good things. But we have now entered cut the public broadcasting budget. The paper that I asked about the ethnicity an age where it has been proved that House leadership promises more to come. I and race of employees. That is what this quality programming can be mar- fully expect the Senate to follow suit. every broadcaster in this country must keted, and their programming could be Instead of crying over public cash, it would answer every year, and every small marketed. It does not need to mean be more prudent for public broadcasting ex- businessman who has contracts with more ads. ecutives to use their talents and resources the Federal Government can be called Incidentally, public radio and TV in developing the numerous potential sources of upon to produce at any time. And they many cases has more revenue from ads revenue available to replace the federal sub- also, if questioned, have to say who the than does commercial radio and TV in sidy rather than continuing to fan the flames of fear and exaggeration. As captains minorities are. It is alleged, though I many markets. That is another un- of a major corporation, their responsibilities cannot prove it or disprove it, that known. They call them enhanced un- should be clear. The Corporation for Public they do not meet their minority hiring derwriting, but they are advertise- Broadcasting (CPB), National Public Radio requirements with permanent employ- ments, and that is fine with me. I (NPR) and the Public Broadcasting System ees. They do it with part-time employ- think we should analyze the thing as it (PBS) need to learn to stand on their own ees. A small businessman in my State really is. In the oversight committee, feet. can be prosecuted for doing that, but we should look at the facts as they To help in that effort, I recently provided they think they are exempt from re- really are, and so for that reason I join the chairman of the board of CPB with a sponding to the committee that has in efforts here on this floor to do what plan to end its dependency on federal welfare oversight, apparently. So I find that the House of Representatives has done, in three years. Ideas to end CPB’s addiction the attitude there is very unusual. to start a phaseout over a 3-year period to taxpayer dollars include: Profits from sales. CPB should renegotiate Now, I have another interesting of the moneys, of the taxpayers’ sales agreements and improve future agree- thing that I learned, which is that the money. To replace that, there is an ment to get a larger share of the sales of reporters who wrote about this for the abundance, a treasure trove from toys, books, clothing and other products New York Times and the Washington which it can be done. based on its programming. In 1990, Barney- Post, coincidentally, are paid to appear Madam President, I ask unanimous related products retailed at $1 billion! Steps on public television, although they did consent at this point to have printed in have been taken by the CPB board to im- not say that in their stories. It is hard the RECORD my op-ed that was pub- prove its share of such sales. More should be to get a story correct. I do want to lished in the Washington Post that done. commend the Post though. They did deals with the subject of how public Make the most of new technology. Use of allow me to publish an op-ed that laid broadcasting can become self-financ- new compressed digitization technology would permit existing noncommercial licens- out my point of view after I met with ing. the board of editors of the Washington ees to expand to four or five channels where There being no objection, the edi- once they had only one. Public broadcasting Post. torial was ordered to be printed in the stations could rent, sell or make use of the I think what we have is a very arro- RECORD, as follows: additional channels for other telecommuni- gant system, from a management point [From the Washington Post, Mar. 8, 1995] cations and information services. of view, that has been built up in the REALITY-BASED BROADCASTING End redundancy. At least one-quarter of Corporation for Public Broadcasting. I (By Senator Larry Pressler) public television stations overlap other pub- never really looked into it until I be- lic television stations’ signal areas. Public ‘‘Public broadcasting is under attack!’’ came chairman of the committee this ‘‘Congress wants to kill Big Bird!’’ These and radio also suffers from the inefficiencies of year. That is my job. That is what I am other alarmist cries have been common in redundancy. Ending this overlap and selling supposed to do. But they are forward- recent weeks. The problem is they are lies. the excess broadcast spectrum would provide funded through next year. I think the That’s right, lies. I tried to conceive of a substantial revenues to public broadcasting. House of Representatives has done an more polite way to say it. I could not. With Switch channels. Moving public television excellent job of laying the groundwork rare exceptions the press largely has ignored stations from costly VHF channels to less the specifics of the position taken by mem- costly UHF channels in certain markets to phase out the Federal funding as would provide a substantial source of new they phase in these self-funding de- bers of Congress seeking to reinvent public broadcasting. revenue. vices. That is a positive thing. But the I have struggled to make my position clear Team with other information services. Corporation and its allies have run a Yet the misrepresentations continue. I am CPB could increase commercial arrange- misleading campaign around the coun- convinced many simply do not care to report ments in the computer software market and try telling people that those Repub- the facts—facts they do not find as interest- with on-line services. licans are out to kill Big Bird and are ing as the scenarios they create. That is too These are only a few of the ways in which out to shut off rural radio. That is sim- bad. The average American taxpayer would the CPB could reinvent itself into a self-suf- ply not true. find the facts extremely interesting. ficient corporation for the ‘90s and, indeed, Madam President, there are many As chairman of the Senate Committee on for the next century. Ending federal depend- ency does not end public broadcasting. To- reasons that the Corporation for Public Commerce, Science and Transportation, I am not seeking to destroy public television and day’s subsidy amounts to only 14 percent of Broadcasting was created in 1967. But radio. I am a strong supporter of public the industry’s spending! Indeed, my current public radio and TV existed before broadcasting, both in my home state of plan asks the Corporation for Public Broad- that. I gave my first speech in a debate South Dakota and nationally. Pull the plug? casting to end its dependency on federal wel- at the University of South Dakota on Absolutely not. Rather, my plan would ex- fare in three years—that’s one year more April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5115 than what current proposals would give wel- quisitions, mergers or joint ventures is Now, what will happen if we do not fare recipients to get off federal assistance. redundant, as current law—Hart, Scott, pass this bill? It will reduce jobs and It would be tragic if the public broadcast- Rodino—already provides antitrust hurt the United States. ing industry ignores its responsibilities when scrutiny in this area. the federal budget is in crisis. It also would This bill has been called a $2 trillion be tragic if the industry spurns exciting op- Regarding the Justice Department, bill by George Gilder because it will portunities in new markets and technologies. we already have the FCC, with public cause an explosion of new activity in Perhaps most tragic of all, however, would interest and competitive checklist lan- telecommunications. It will boost our be continued retrenchment from public guage, reviewing this. There is no need exports. It will cause a number of new broadcasting executives crying. ‘‘It can’t be for a second review by the Justice De- devices to be distributed to the Amer- done.’’ It can be done. It should be done. partment. We are repealing the MFJ. ican people. CLINTON AND GORE TRY TO SET BACK That is the whole idea of this bill, to Presently, we have very little of the TELECOMMUNICATIONS COMPETITION replace the courts with congressional Mr. PRESSLER. Madam President, so-called information superhighway action. The Justice Department could here. Everybody talks about it. We on a second subject, I was very dis- still bring antitrust action. They have appointed this morning in a conversa- have cellular phones, some computer that power on any aspect of American Internet, and we have cable TV. But tion with Vice President GORE to learn business. that the administration is opposed to that is all. Most people are not on the So I am strongly in disagreement information superhighway and they my telecommunications bill and that with the Vice President’s assessment. the present plan is to veto that bill if will not be until we pass this bill. And I am very saddened by it because Otherwise, the people who invest in it were to pass. I say that because I be- it means, as a result of that, we will lieve in this Chamber there would be 85 telecommunications are paralyzed, not be bringing my bill up this week. waiting for a roadmap, waiting for the to 90 votes for the telecommunications We will bring it up early after we come bill today if it came up for a vote. ground rules. In fact, many people who back. But I am fearful that during that invest in telecommunications are in- The Vice President said the adminis- time this bill will be picked apart by tration was opposing it for three rea- vesting in Europe because they cannot the various interests. It is the sort of get approval, because we have eco- sons. First, because they do not like bill where we had good momentum the cable provisions; second, because nomic apartheid of the regional Bells, until the administration opposed it and they do not like the lack of a merger economic apartheid of the long-dis- began working against it here, working prohibition on regional telephone and tance companies, and so forth. against its being brought up. I ask my cable companies; and third, because So I call upon this administration to colleagues from the Democratic side to they would like to have a Justice De- listen to the Democrats in this body contact the Vice President and to per- partment review, in addition to an FCC and to the Republicans, and not to ob- suade him and the administration that review, in determining when Bell com- struct this bill. Indeed, we will bring it this is a good bill. It is the best bill we panies can enter the long-distance and up for a vote. We will get 85 votes on are going to get. And it is supported manufacturing markets. final passage on this bill, or more. across the country. Madam President, we have worked It is very strange. In my time in Con- I am very worried and saddened at out these matters. Every Democrat on gress, in my 21 years, I have never seen the Commerce Committee voted for the developments that have occurred here. I am determined to go forward. a situation where a committee votes this bill. The administration did not out a bill with all the members of the avail itself of the opportunity to come We will get the bill up in April or May. We will proceed with it. This body will President’s party voting for it, and up here during all the long negotia- then the administration, which has tions and let us know of their strong vote for it overwhelmingly, and should vote for it. been absent, announces it is opposed to feelings. Then all of a sudden the Vice it and will veto it—without, appar- President is working against having All the staffs on both sides of the aisle have been involved. I do not think ently, consulting with any of the mem- the bill brought up—and announces bers of that committee. That is very, that the administration is opposed to any bill has ever had more consulta- tion or more staff work—without a day very strange. it. This comes after we have made sub- Maybe I am misunderstanding some- stantial accommodations and we have off, from Christmas Day, literally—on this bill. thing here. But I do not think I have worked out the cable and long distance ever seen anything like that happen be- issues. It has been an open, inclusive proc- ess. The last time, people complained fore. I think that there is something For example, with regard to cable going on in Presidential politics or rate deregulation, the basic tier re- that nobody knew what was in the tele- something that I am not quite a party mains regulated in the bill. The upper communications bill; there was not to. I find it very disappointing and very tier is deregulated with a bad-actor enough consultation. So we had meet- strange. proviso—that is, rate regulation would ings all day and all night, even Satur- But let me say to all the supporters be possible if a cable operator charges day and Sunday, with staff from Mem- of the bill not to lose faith. We will rates which are substantially above the bers on both sides who were interested. national average. So there is consumer So everyone had their input—except carry on. We will pass it. It is going to protection on the cable issue. the administration, which never made be tough. And then after 2 or 3 years, or when a peep. Now, suddenly, the administra- I do not think, in the end, the Presi- there is at least 15 percent of DBS—di- tion is actively working to encourage dent will veto it if it is in the light of rect broadcast satellite—in a market, Democratic Members to contact the day and when the country understands basic cable is deregulated. Or when minority leader’s office to keep it from what is in it. But if he does, we will there is video dialtone service present being brought up. And that saddens me override the veto in both Houses, be- in a market, basic cable would be de- a great deal. cause the votes are there. regulated. The Vice President feels I hope, Madam President, that this is Madam President, I thank you very strongly that this is inappropriate. But merely a delay. We will fight on with much for the floor. I suggest the ab- this represents a compromise that was this piece of legislation. Probably no sence of a quorum. worked out between Republicans and piece of legislation this year has been The PRESIDING OFFICER. The Democrats. In fact, every Democrat on more widely discussed and consulted clerk will call the roll. the Commerce Committee voted for it. about. All 100 Members of the Senate The bill clerk proceeded to call the The committee overwhelmingly ap- have been involved in some way. We roll. proved the bill by a 17-to-2 margin. are ready to go. The bill is filed. The Mr. KENNEDY. Mr. President, I ask The next objection was on cable and report is filed. The committee has unanimous consent that the order for telephone company mergers. The deci- voted. It has amendments added to it. the quorum call be rescinded. sion not to put that in was agreed to on We need to bring it up and vote amend- The PRESIDING OFFICER (Mr. BEN- both sides of the aisle. The proposal to ments on the floor. The country needs NETT). Without objection, it is so or- limit cable and telephone company ac- this bill. dered. S 5116 CONGRESSIONAL RECORD — SENATE April 4, 1995

EMERGENCY SUPPLEMENTAL sult in much smaller future tax reve- Speaker of the House GINGRICH called APPROPRIATIONS ACT nues and much more serious long-term upon school boards to vastly increase The Senate continued with the con- social problems. How do you support a the amount of money they spend on sideration of the bill. family on $13,000 a year? technology. Currently, districts spend Mr. KENNEDY. Mr. President, I The Daschle amendment will restore three-tenths of 1 percent. ‘‘We are two strongly support the Daschle amend- $700 million for education, children, generations behind in introducing tech- ment to the disaster supplemental ap- and training. It restores these short- nology,’’ he said. propriations bill. sighted cuts and preserves the sensible Our Republican colleagues respond to The amendment makes needed im- education investment strategy pro- the obvious need for technology by cut- provements to the bill before us. It re- posed by President Clinton and Demo- ting an already small Federal tech- stores funding for education, job train- crats. nology budget. Star Schools, one of the ing, and children’s programs, and it re- We have heard a lot of rhetoric in the most successful and popular Federal news the commitment we made in the last 100 days about the ‘‘American peo- education investments, was cut 30 per- last Congress to community service. ple.’’ One thing is unmistakably clear cent by the House, and 15 percent by It would be a grave error is the Sen- about the American people—they sol- the Senate. The new technology pro- ate defeats this amendment and de- idly back the Democratic priority on gram in title III of ESEA, just author- cides instead to revoke investments we investing in education. ized last October, was cut by 75 percent have already made in improving the Two out of three Americans favor in- in the House and 12 percent in the Sen- lives of working families and children creased spending for education, accord- ate bill. to pay for the Republican contract’s ing to a recent NBC/Wall Street Jour- Families throughout the country un- tax cuts for the rich and for tax provi- nal poll. That confirms a finding in a derstand that computers, CD Roms, sions such as the billionaire’s loophole poll by the Washington Post/ABC interactive video, and other techno- that we debated on the Senate floor News. Eight out of 10 people favor a logical advances have opened the door yesterday. balanced budget amendment, but 2 out to vast amounts of scientific and aca- Majority Leader DOLE said recently of 3 say they would not support such an demic information for students. that ‘‘the American people want a bet- amendment if it means that education Through these miracles of technology, ter use of their tax dollars—starting or Social Security would be cut. pupils in classrooms in remote commu- Finally, a poll by the Times Mirror now.’’ But only half of the cuts in the nities can meet students from many Center for the People and the Press rescission package are needed to pay other lands, participate in fascinating found that 64 percent would increase for the ongoing recovery costs from the scientific projects such as the Maya spending on public schools if given the 1994 California earthquake. The other Cycling Expedition, and talk to experts opportunity to set Federal budget pri- half of the cuts are being extracted around the world. orities, while only 6 percent would de- from hard-working families to pay for The simple fact, however, as the OTA crease spending. tax breaks for the wealthy, and that report makes clear, and as a GAO re- isn’t fair. Among 14 Government programs port that Senator MOSELEY-BRAUN will Amerians are beginning to look be- cited, support for public schools was release this afternoon underscores, is hind the rhetoric at the heart of the second only to anticrime programs. that public schools in this country are Republican revolution. The fog of rhet- The position of the American people on years behind every other institution in oric is lifting, and the reality is emerg- support for education is unmistakably providing students with these opportu- ing—an attack on children and families clear. They want to cut the waste and nities. to pay for tax cuts for the wealthiest fat in Government, not the muscle of individuals and corporations in our so- education. It is important to balance the budg- ciety. Democrats understand why there is et. But it will be an impossible task Congress should not be taking from such strong support for education. We unless students are well-prepared and the most vulnerable and defenseless in are proud to be the defenders of in- well-trained to be productive workers order to raise even higher the standard creased investments in students. We who earn good wages and salaries, who of living for those who are already well are proud to be on the side of all those can support their families and pay off. who understand that a commitment to their taxes. The new Republican majority is arbi- excellence in education is the basic un- Other education investments re- trarily cutting and trimming education derpinning of our society and our de- stored by the Daschle amendment are programs even before our support for mocracy. Education has made our equally important. schools has had time to get to the country great, and it will be the key to In the last Congress, in bipartisan ac- classroom. our future strength. tion—the vote to pass the Elementary For what reason? To provide a tax A fresh example of the shortsighted and Secondary Education Act was 77 cut for rich Americans? That makes no thinking is the recommendation to cut for and 20 against. That bill reshaped sense. Democrats do not believe in de- investments in technology for edu- the way the Federal Government sup- priving young children of the good cation. Yesterday, the Office of Tech- ports education. start they need that is provided in nology Assessment released an impres- In ESEA, in Goals 2000, in the Im- Head Start. Democrats do not believe sive report on teachers’ use of tech- proving America’s Schools Act, and in in depriving public schools the help nology in the classroom. As the intro- the School to Work Opportunity Act, they need to achieve reform. Demo- duction to the report states: we said to the States: ‘‘If we are going crats do not believe in depriving col- OTA finds the lack of attention to teachers to reach the National Education Goals, lege students of an affordable edu- and technologies ironic, for at the center of all students should be held to the same cation. Democrats do not believe in de- effective use of instructional technologies high standards, and the States should priving young Americans of opportuni- are those who oversee the daily activities of develop these standards.’’ ties to contribute to their community the classroom—the teachers. We said ‘‘It’s time to cut the redtape. through national service and simulta- Previous reports by OTA and others Local schools should be given more neously earn money to pay for college. on computers in schools have sounded flexibility to consolidate small Federal The numbers themselves dem- the alarm about the dangers of techno- programs to that they can design com- onstrate the shortsightedness of the logical illiteracy in our society. As prehensive, coherent reform plans.’’ Republican proposals. Who will con- widely used technologies have become And finally we said ‘‘Accountability tribute more to our county’s treasury? more sophisticated, teachers’ roles be- should rest on results.’’ Instead of tell- A college graduate who earns an aver- come even more critical. The rescission ing schools exactly what to do with age of $32,000, or a high school dropout packages, however, also cuts teacher Federal dollars, we said ‘‘You decide who earns $13,000? training by 31 percent in the House and what works best and we won’t monitor It is poor government policy and poor the Senate by 22 percent. what you do. But we will hold you ac- business sense to adopt short-term In an address to the National School countable for how much students budget savings that will inevitably re- Boards Association on February 21, learn.’’ April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5117 We backed up our commitment with get along better with others than I Last year, Congress extensively ex- Federal dollars. States responded. Over used to. Chapter I has shown me how to amined this valuable program. We au- 40 States have developed plans to use work hard, and when confronted with a thorized major new reforms, and we in- Goals 2000 dollars. Hundreds of schools challenge, I am patient but determined creased the funds by $300 million. For 6 have already planned to use their in- to get the job done. The Chapter I months, teachers across the country crease title I dollars and their new math program has helped me gain con- have been working and planning on flexibility to see that students learn fidence. Now I can do math with others how to use these funds. more. At the very moment when and I sometimes offer my help to other That may be then and this may be schools and States and students are re- students * * * Chapter I has shown me now. But that is no excuse for the new sponding as we hoped they would, we that no matter how stupid you think Republican majority in Congress to should not be reducing our investment. you are there’s always someone there pull the rug out from under schools Unless we restore these funds, many to help you reach your goals.’’ across the country. Unless we support of those schools will believe we didn’t One parent wrote about the Reading this amendment, 70,000 fewer children mean what we said. Seventy thousand Recovery Program funded by title I. will benefit from title I. And schools school children will be denied extra ‘‘It has greatly affected my son. He has throughout America will be hurt be- help in reading and math. Thirteen been able to keep up with his class. [It] cause Congress is breaking its promise hundred schools will not be able to im- has lessened his anxiety and helped to on education. plement their plans for school reform. make school a pleasant experience. Another important restoration in the Consider what States have already Had he not had the benefit of this pro- Daschle amendment is $100 million for been doing with these funds. To pick gram I feel the experience could have the Safe and Drug Free Schools. one district at random, the Lawrence been traumatic. I was most apprehen- Among all the Republican cuts, this School District in Kansas is using sive about sending him to the first one is perhaps most bewildering of all. Goals 2000 funds to develop new assess- grade because I felt he was not capable There is hardly a community in Amer- ments to more accurately analyze of doing the work. Our son has blos- ica—urban, suburban, or rural—that is whether students are meeting high somed because of the attention, the not struggling with the tragic effects standards. one-one-one investment his teacher has of violence and the alarming increase Pennsylvania has given Philadelphia made. He now comes home and reads us of drug use among students. $250,000 of its Goals 2000 funds to de- Students cannot learn when their his library books. We never thought velop clusters, and provide schools and schools aren’t safe. We need to do all our son capable of making the strides their communities with more freedom we can to keep guns, drugs, and vio- he has this year and it’s only April. It from local rules in designing their cur- lence out of the schools. The Safe and has been an answer to our prayers.’’ ricula. Some schools are lengthening Drug Free Schools Program is our pri- A teacher in Haverhill writes: ‘‘I their schoolday and extending edu- mary means to give students and * * * had a senior citizen from a local cation services to parents in order to schools the help they need in avoiding nursing home come to my classroom promote literacy. drug abuse and violence. It provides weekly. She spoke French and worked Massachusetts is using Goals 2000 Governors and local school officials with a child in my class who was non- funds to support the startup costs of 15 with wide discretion to assess their verbal because his family’s primary charter schools. own problems and to solve them. It is My question to my colleagues on the language is French. A true friendship preposterous that Republicans should other side of the aisle is very straight- developed between her and the children be proposing to cut back these needed forward—are these the kinds of activi- in my class. Everyone enjoyed her vis- funds. ties you want to scale back, just as its and she looked forward to coming For example, the Dade County, Flor- they begin? Are our promises of sup- every week. She was in a wheelchair ida public school system is using the port false? and the children learned about people majority of its funds to support a pro- In title I of ESEA, the rescissions are with handicaps. It was one of many re- gram called ‘‘TRUST’’—a comprehen- equally irresponsible. Title I is the warding experiences.’’ sive assistance program to help stu- Federal Government’s major commit- Finally, I heard from a student in dents and their families overcome sub- ment to the country’s disadvantaged Plymouth, MA named Steven. Steven stance abuse problems. The program children. For 30 years, the Federal Gov- was an angry young man, aggressive combines established approaches with ernment has accepted a responsibility toward any authority figure and failing curricula development, so that aware- to help States educate schoolchildren every class. Chapter I was seen as a ness of the dangers of drugs is woven who need help the most. But that com- last resort for him. Now he is a correc- into students’ classes. It uses innova- mitment has never been well enough tions officer who is up for a promotion. tive approaches such as alternative funded to serve the large number of He recently said to his former Chapter intervention that offer students and children who need help. I teacher, ‘‘It could have gone either their families a chance to examine Title I has had successes. It has im- way. I could have been locked in these their behavior and improve their skills proved basic reading and mathematics cells as an inmate if it hadn’t been for while continuing to attend regular skills of the lowest-achieving children. your helping me get through the classes. It has helped close the learning gap be- schoolwork and giving me a chance to It is fine to talk about family values tween those children and their peers. vent my anger. Thank you.’’ and strengthening families. But this With the help of title I, the achieve- Even though we know this program bill simultaneously wipes out the kinds ment gap between black and white 9- helps students, schools are not able to of help that struggling families need. year-olds has narrowed over the past keep up with their needs. The edu- Hypocrisy is the word for such action. two decades by 18 percent in math and cation needs of disadvantaged children For all of these reasons, Mr. Presi- 25 percent in reading. are growing, especially in high poverty dent, I urge my colleagues to support I hear frequently from people in Mas- areas. Evaluations show that children the Daschle amendment. sachusetts about how their children in such schools are held to lower expec- Mr. President, I see the chairman of have been helped by this program. One tations than children in other schools. the Foreign Relations Committee with parent wrote: ‘‘Chapter I is a blessing! They are more likely to fall behind in a very distinguished guest, a man I For 4 years we tried to coach our son the early grades, and never catch up. have great admiration and respect for. after his regular homework. We created First graders in poor schools start His presence makes me speechless here more stress and there was no progress school scoring 27 points lower in read- on the floor of the U.S. Senate at this in math. Our son is now proud of him- ing and 32 points lower in math than time. self and his work. Thank you is not other schoolchildren. The initial gap I withhold the remainder of my re- enough.’’ widens in later grades. Eighth graders marks and ask for recognition after we One high school senior wrote: ‘‘Chap- in poor schools are 57 percent more have a recess. ter I has helped me to grow. Through likely to leave school by tenth grade The PRESIDING OFFICER. Without Chapter I, I am working in groups. I than students in other schools. objection, it is so ordered. The Senator S 5118 CONGRESSIONAL RECORD — SENATE April 4, 1995 from Massachusetts will be recognized It has been an enormously successful control and water supply benefits since after we hear from the chairman of the program. It has had the very strong the dam was constructed. Foreign Relations Committee. support of Senator COCHRAN, and oth- Mr. BENNETT. I thank the chairman f ers have spoken very eloquently about and would urge that the revised local it. I have had the chance to visit cen- cooperation agreement be con- VISIT TO THE SENATE BY THE ters in his State of Mississippi to see summated in fiscal year 1995 and that PRESIDENT OF EGYPT, PRESI- what it has done in terms of a number the funds be reprogrammed in the cur- DENT HOSNI MOHAMMED MUBA- of the rural communities in the South. rent fiscal year as well. RAK It is something that is enormously Mr. DOMENICI. I agree with the Sen- Mr. HELMS. Mr. President, I thank valuable. We are talking here of sev- ator from Utah that the revised local the Senator from Massachusetts. I eral millions of dollars. But those sev- cooperation agreement and have the honor of presenting to the eral millions of dollars have enormous reprogramming should be accomplished Senate, after I ask unanimous consent importance and consequence in one of this year with funds currently avail- that we stand in recess for 5 minutes so the aspects of education, and that is able to the corps. the Senators may greet him, the dis- technology and technology training. Mr. BENNETT. I thank the chair- tinguished President of Egypt, Presi- One of the important parts of the man. dent Mubarak. Daschle amendment restores that fund- Several Senators addressed the The PRESIDING OFFICER. Without ing. That is the part of that Daschle Chair. objection, the Senate will stand in re- amendment which I think is enor- The PRESIDING OFFICER. The Sen- cess for 5 minutes. mously important. We will have an op- ator from Vermont. Mr. HELMS. I thank the Chair. portunity, when we reach the Daschle Mr. LEAHY. Mr. President, I thank f amendment, regardless of that out- the Chair. I will be very brief. come—I am hopeful it will be accepted, RECESS I would like to respond to some com- but if not—to come back and revisit ments made by the distinguished Sen- Thereupon, at 5:13 p.m., the Senate that at another time. ator from South Dakota, Senator recessed until 5:19 p.m.; whereupon the I will come back to this when some of PRESSLER, a few minutes ago on his Senate reassembled when called to my colleagues have finished their re- conversation with the Vice President order by the Presiding Officer (Mr. marks. of the United States earlier today. I BENNETT). I yield the floor. checked with Vice President GORE, and f LITTLE DELL LAKE, UT I am told that he did not tell Senator EMERGENCY SUPPLEMENTAL Mr. BENNETT. I wish to bring to the PRESSLER that the President would APPROPRIATIONS ACT attention of the chairman a small mat- veto the telecommunications bill. The Vice President told the distin- The Senate continued with the con- ter that is of importance to me and the guished Senator from South Dakota sideration of the bill. people of my State. It involves a cor- that he would like to see changes in The PRESIDING OFFICER. Under rection in cost allocation of the re- the previous order, the Senator from cently completed Little Dell Lake certain provisions of the bill before he Massachusetts is recognized. project in Utah. The Army Corps of En- could recommend it to the President Mr. KENNEDY. Mr. President, I see gineers acknowledged that an adjust- for his signature. I mention this be- other Members here who wanted to ment in cost allocation is warranted cause only the President issues veto speak. and is in the process of designing recre- threats, as the Vice President pointed I just finish with this thought about ation facilities and redoing the cost al- out. the Star Schools Program. In many dif- location between the Federal and local But the Vice President is not the ferent parts of the country, we do not participants of this project. only person who is concerned about have the highly qualified, highly We expect the correction to be final- certain provisions of this telecommuni- skilled teachers, high school teachers, ized in a revised agreement between cations bill. for example, in physics, in mathe- the Department of the Army and the The telecommunications bill that the matics, in a number of the languages, non-Federal sponsors toward the end of Commerce Committee has reported with the change of demography and the fiscal year 1995. This is a matter of eq- will have an enormous impact on cutting back pressures on local uity. The non-Federal sponsors of the multi-billion-dollar cable, phone, and schools. project paid for 100 percent of the costs broadcast industries, and the economy What we have seen, I know in my allocated to water supply and 25 per- of this Nation. own State and generally throughout cent of the costs allocated to flood con- It was introduced just 3 days ago, and New England, is when there are pres- trol. However, because the local spon- the report explaining what the Com- sures on the school districts there may sors were inappropriately asked to cost merce Committee had in mind with be a handful of very talented students share the joint costs of recreation, the this complex bill was filed late Thurs- in a particular class who want to take costs for recreation quadrupled and day night. the advanced math but there is so were unaffordable. This raised the This bill is a far different bill from S. much difficulty in getting that teach- costs for water supply and flood con- 1822, which was reported last year. er, and so few students—in many in- trol by several million dollars. This First, this bill allows RBOC entry stances brilliant students who want to error was only recently discovered and into long-distance phone service with- take it—that the school does not pro- the Assistant Secretary of the Army out a formal Department of Justice vide that kind of education oppor- has expressed a willingness to correct role in analyzing the competitive im- tunity. And that is true in pocket after the matter. pact. pocket, particularly in many of the Is it the understanding of the chair- Second, I have questions about tak- rural areas of Massachusetts, and man that the inclusion of recreation ing the lid off cable rates, and whether throughout New England. facilities, the reallocation of costs, and sufficient attention has been paid to This program provides the best math, the adjustment in the Federal and non- the special problems of small, rural science, physics, chemistry, biology Federal cost sharing can be accom- cable companies. teachers, who instruct those few stu- plished with funds heretofore appro- In fact, I suspect virtually every per- dents that go to these learning centers priated? son that is on cable in this country so those individuals will be able to Mr. DOMENICI. Given the facts in would have some concern about just take their courses at the appropriate this matter, it would be appropriate to taking the lid off the cable rate, be- level. So they will continue their inter- include recreation and adjust the Fed- cause I have not met many cable users est in these areas, which are enor- eral and non-Federal shares of the who feel they are not paying too much. mously important in terms of our na- total project cost. The project is essen- Further, I have questions about some tional interests, for our scientific base tially complete and, as I understand it, provisions in the bill that preempt and for our research and development. has already provided significant flood State laws on judicial review of State April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5119 regulatory commission decisions, and tury are going to pay for tax cuts for not like my cable service or I do not on dialing parity for intra-LATA calls. the walthy. In fact, the wealthiest 12 like what is going on. Finally, I am concerned that some percent of Americans would receive They may have some concern at the provisions in this bill undercut privacy over half of the benefits under the margin, but no call for a radical re- protections for online communications House proposed tax cuts. structuring of the regulatory environ- and law enforcement’s ability to con- I hope that we will be able to restore ment which this piece of legislation duct necessary court-authorized wire- logic and common sense to the cuts we represents. tapping to fight crime. are making in this bill. Again to be clear, I think it is appro- As ranking member on the Antitrust Mr. KERREY addressed the Chair. priate for us to consider some rather Subcommittee of the Judiciary Com- The PRESIDING OFFICER. The Sen- dramatic changes in the law to permit mittee, these are questions on which ator from Nebraska. in particular much more competition we should have a hearing. There has Mr. KERREY. Mr. President, on the at the local level. I would love to see been no hearings on the final version of same subject which the Senator from an environment where the entre- S. 652 that was just introduced. These Vermont discussed, the Senator from preneur, that small business person are issues that the people of Vermont South Dakota, the chairman of the that starts off in business, can come deserve time to look at and consider, Commerce Committee, earlier came to knocking on my door or call me up or before the Senate rushes into consider- the floor and indicated that S. 652, the write and say I want to sell you infor- ation. Telecommunications Act of 1995, would mation services; I want to sell you I have no interest in delaying tele- not be able to be considered on the voice; I wish to sell you video; I am communications reform, and hope that floor before the Easter recess as a con- going to sell you text. I would love for we pass much-needed legislation in this sequence of the administration, name- them to be able to sell them in an un- session of Congress. But I do want time ly the Vice President, as someone who restricted environment. to make sure that any legislation we had indicated that the bill was going to This legislation, in my opinion, does pass is the best we can make it. We owe be vetoed. not permit that. It pretends to but in this to the American people and the in- Mr. President, to be clear, while I did my judgment it does not permit it. In dustries involved. not put a hold on this bill, I agreed to many ways, it combines the worst of I think there are issues that should allow the debate to proceed. I was be answered. tempted to put a hold on the bill and both worlds, a regulatory environment without the kind of competition that I THE DASCHLE AMENDMENT not allow it to proceed. I will not, and think is needed. Mr. LEAHY. Madam President, the would not allow the debate to proceed So I thank the chairman of the com- bill we are debating today is not about and at the same time give unanimous mittee, who has been very generous in future cuts in programs to reduce our consent to limit the debate. That made deficit. it difficult to consider this piece of leg- allowing one of my staff people, though What this bill does is cut funding islation and enact it, pass it by the I am not on the the Commerce Com- that States, schools, parents, youth Senate, before the Easter recess. mittee, to participate in the delibera- and children were assured of last Sep- So if the chairman of the Commerce tion of the determination of what this tember. Committee is looking for the person to bill is going to look like along with the And these cuts are not going to re- identify as the individual who made it ranking member, Senator HOLLINGS of duce the deficit, but will go to pay for impossible to move this before Easter, South Carolina. tax cuts for the wealthy. he has no further to look than the jun- I hope they do not view me as being In the middle of the year, Congress is ior Senator from the State just to his hostile to this piece of legislation, but taking away funds that States are south. I object to the identification of the ad- using to implement major reforms to This is a very important piece of leg- ministration being the problem. As far improve our children’s education. islation. I am by no means hostile to as this piece of legislation not moving Taking away funds from towns that the idea that we should reform the 1934 prior to recess, I am, I suspect, as re- have already set their school budgets Communications Act. I am not hostile sponsible as anybody around here be- for the year. to that idea. I believe that reform can cause I want this to have a full and Taking away funds from programs be of enormous benefit to our people. It open debate. I want us to evaluate title that bring local police to work in can create new jobs. It can improve the I, title II, title III, title IV. I want us schools to prevent drug use. quality of our education and make it to think about what we are doing and Taking away from parents that are more likely that our citizens can be- make sure the public is informed. We counting on child care so that they can come informed. are about to give them, I think, sub- go to work. But, Mr. President, this is a piece of stantial change. I think they can, if it Taking away from AmeriCorps par- legislation that is unique in many is done right, be pleased with the re- ticipants and the communities that ways. Indeed, the distinguished Sen- sults. But just as great a risk, Mr. they work in around the country. ator from South Dakota, the chairman President, is that we could get in a This bill has brought our commu- of the committee, said on this floor hurry around here and pass something, nities to a screeching halt. I question earlier that it has broad national sup- think that we are deregulating, think the logic of cutting these programs port, or something to that effect. Yes- that we are creating competition but, now; 6 months after the fact. terday, he said much more accurately in fact, we accomplish neither of those I support efforts to restore funding to that this is not really on the people’s two rather worthy objectives. important education programs for dis- minds at the moment. So I look forward to the debate. I advantaged children, programs which That is a more accurate statement, hope that when we come back after the are designed to prevent drug use and Mr. President. I have maybe 2 million recess there is an opportunity for S. 652 create a safe school environment, edu- household lines in the State, a million to be brought to the floor, and I look cation reform, Head Start, child care, households total, so there is probably a forward to the opportunity of bringing AmeriCorps, and other programs that million times two residential lines in up amendments and getting a full and educate and invest in America’s chil- the State. open debate on this very important dren and families. I just finished a campaign for reelec- piece of legislation. Decisions to cut these programs are tion where very few people came to me Mr. DEWINE addressed the Chair. based solely on shortsighted politics. and said: Gee, I am going to vote for The PRESIDING OFFICER. The Sen- The sad thing is that the House has you, but I need to know your position ator from Ohio. made it clear that cuts in these pro- on the deregulation of telecommuni- Mr. DEWINE. Mr. President, I ask grams are not going to deficit reduc- cations. I need to know where you unanimous consent to have this bus tion. stand on this, Senator, because I am sensor on the floor with me during my Instead, the cuts we are making unhappy with my service. I do not like speech. today in programs that give children my long distance service or I do not The PRESIDING OFFICER. Without the skills to compete in the next cen- like my local telephone service or I do objection, it is so ordered. S 5120 CONGRESSIONAL RECORD — SENATE April 4, 1995 SCHOOL BUS SAFETY off a schoolbus, they walk down past a an impact on by publicity, by talking Mr. DEWINE. Mr. President, I rise handrail. We have all seen them. We about it, by making people aware of today to discuss the safety of Ameri- have all had that experience. Some of the opportunities they have and all of ca’s school children. them hold on to it, others do not. But us have to save lives. On February 27, Brandie Browder, an I understand that there is a small Each one of us has a responsibility— eighth grader at Ferguson Jr. High space in most schoolbuses, about an whether we put our own child on that School in Beaver Creek, OH, was com- inch, between the handrail and the wall schoolbus every day and tell that child ing home from school. As she was get- of the bus. what to be careful about, whether we ting off her schoolbus that afternoon, Picture a child coming down the are on school boards, or parents—to the drawstring around the waist of her steps. He or she may have a backpack, make sure that school system has the coat got caught in the handrail of the strings or straps trailing off of it. latest equipment, to make sure that schoolbus. The schoolbus started to Maybe he or she is wearing a coat with our good bus drivers do in fact have the move away. Brandie tried to free the drawstrings that they can use to tight- training that they need. coat, wrenched the coat free of the en around the waste—anything, Mr. Before coming to the floor, Mr. Presi- schoolbus and ran alongside the bus for President, that is trailing off of that dent, I spoke to the father of the little approximately 50 feet. She lost her child, like these strings and straps, is girl who was killed. I wanted to know footing and fell and the bus ran over liable to catch in that small space be- whether it was all right if I came and her and killed her. tween the handrail and the wall of the talked about his daughter’s accident. Mr. President, just 4 days later in bus. His reaction was what I expected it to Cincinnati, a seventh grader from Rob- It is easy to imagine what happens be—that if we could save a life by talk- next. The child is off the bus. But part erts Paideia School was getting off her ing about this issue, that if we could of the child’s clothing is stuck in that schoolbus when a similar event oc- make other parents aware of it, other small gap and the door closes. The bus curred. The bus dragged her for about 3 school boards or school systems, that starts moving. The child gets jerked or 4 feet, ran over her as she tried to we should be doing that. That is why I with it and tries to pry free. We have a free herself. Fortunately, she only suf- am on the floor today. moving vehicle and a child swinging off fered a broken foot. She did survive. I will return to this issue in the fu- of that vehicle. Mr. President, in both cases the bus ture, Mr. President. That is how Brandie was killed. And driver was apparently totally unaware since 1991, at least four other children At this point, I yield the floor. of the accident as it was happening. have been killed that way. Mr. DOLE addressed the Chair. I think we should point out at this In conclusion, Mr. President, we as The PRESIDING OFFICER. The ma- point, before I go any further in what I parents, as members of school boards, jority leader. am saying today, that schoolbuses are as concerned citizens, I believe, need to Mr. DOLE. Mr. President, I say to my among the safest modes of transpor- make sure that these handrails are as colleague from Arkansas, I believe we tation. According to the National Safe- safe as possible, that all precautions are about to get an agreement. The dis- ty Council, there are about 400,000 are being taken to avoid these trage- tinguished Democrat leader is still on schoolbuses in the United States, and dies. the telephone to one of our colleagues. they transport approximately 22 mil- A second problem, Mr. President, is The Senator may proceed if he wishes lion students every single day. I think the danger area around the bus. The to be recognized. we all know and I think most experts schoolbus, of course, is a very large ob- Mr. BUMPERS addressed the Chair. would agree if the choices are between ject. It is very difficult for other mo- The PRESIDING OFFICER. The Sen- putting a child on a schoolbus or let- torists to see around it. It is even dif- ator from Arkansas. ting a teenager drive himself or her- ficult for the bus driver to see around Mr. BUMPERS. Mr. President, what self, or ride with someone else, or even it. Because of this, far too many chil- is the pending business? having the parents drive to school, dren are killed by their very own buses. The PRESIDING OFFICER. The most of us, most experts would say sta- We need to explore ways to make those pending business is the Dole amend- tistically the children are better off on children visible to the schoolbus driver. ment No. 541. the bus. I do not think there is any There are at least two companies, Mr. BUMPERS. Mr. President, I ask doubt about that. maybe more in the United States, that unanimous consent that I be allowed to Having said that, Mr. President, the produce sensors that can be attached proceed for 2 minutes as if in morning sad fact remains that in the 1992–93 to school buses to prevent accidents. business. school year, 30 schoolchildren were I have one, Mr. President, right here. The PRESIDING OFFICER. Without killed in schoolbus accidents. Of these This works on the same basic prin- objection, it is so ordered. children, 5 were killed while riding on ciple as a home security system. It f their bus. The other 25 were killed sends out a radio signal. If the signal while in the process of getting on or off detects reflected energy from a child in NCAA BASKETBALL of their own bus. The year before that, what is called a danger zone area, a fre- CHAMPIONSHIP GAME the 1991–92 school year, 35 children quency shift occurs which triggers an were killed nationwide; 10 were riding alarm and illuminates a red light in Mr. BUMPERS. Mr. President, last on their own schoolbuses and 25 were the cab of the bus. night the citizens of my State were killed while getting on or off the bus. This particular system covers the 10- deeply saddened by the loss of the Uni- An average of 30 school children are foot by 10-foot area in front of and be- versity of Arkansas Razorbacks to a killed while getting on or off their hind the bus, as well as the 6 by 8 areas magnificent UCLA team in the NCAA buses every single year. This is not a on either side of the bus. There are finals. But No. 2 is not all bad. We fin- new problem. According to the Na- other technologies that are involved. ished ahead of several hundred other tional Safety Council, over the 10 years We know though, Mr. President, no NCAA mens basketball teams. since 1983 a total of 445 children were matter what technology we are talking Sometimes, none of us performs to killed in schoolbus accidents; 100 of about, that ultimately it is up to the perfection or even to our maximum these were passengers and 345 were schoolbus driver. I think what we abilities. Last night was not a particu- killed while getting on or off their own should try to do is to assist those driv- larly good night for the Razorbacks, bus. ers, most of whom are great people, but that is not to diminish the mag- Mr. President, there are many fac- who do a great job every day protect- nificent game that UCLA played. tors contributing to these accidents— ing our children. The 1995 NCAA tournament was filled many. Today I should like to discuss Maybe additional training is needed with hard-fought, competitive games just three of them. in some cases; maybe additional equip- with exciting finishes. Just 2 weeks ago First, an investigation of these acci- ment on the bus. Maybe other things. UCLA barely squeezed by Missouri. We dents reveals that an alarming number I intend, Mr. President, in the weeks all remember watching Tyus Edney go of them involve handrails on the ahead, to return to this issue, because the length of the court and lay one up schoolbus. When children are getting I think it is an issue that we can have just at the buzzer to win the game. April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5121 And, of course, we remember that teams—those glorious teams, I might women’s team, or whether it was Bos- timeout call by a youngster from Syra- add—I was also taken by the sports- ton University and the University of cuse that allowed Arkansas to win in manship exemplified by all of the mem- Maine finals in hockey, I think all overtime. Such is the very nature of bers of those basketball teams as they Americans ought to take some degree the game. faced each other in a moment of true of satisfaction about this next genera- But I can tell you that all Arkansans contest, in a moment of true testing of tion. I think all of us who are fortunate glory in the spunk of this great, mag- who was going to become the cham- to have those teams in our State cer- nificent Razorback team for coming pionship team of the United States of tainly do. back again and again. While they will America. Mr. President, it is a privilege to lose several players who are seniors, I UCLA prevailed. We congratulate take this opportunity to congratulate have confidence that the Razorbacks them. Boston University’s hockey team on will be back playing for the champion- We say to the Razorbacks, thank you winning the 48th annual NCAA Divi- ship once again next year. for a splendid season and thank you for sion I hockey championship this past The University’s coach, Nolan Rich- making us a proud people. Saturday in Providence, RI. With their ardson, is a very talented man. He was I yield the floor, Mr. President. brilliant and convincing 6–2 victory very gracious last night. He took full Mr. KENNEDY addressed the Chair. over the University of Maine Black responsibility for the loss, as great The PRESIDING OFFICER. The Sen- Bears, the Terriers completed what the men do. That resonated well with the ator from Massachusetts. Boston Globe called ‘‘college hockey’s American people, as it always does. Mr. KENNEDY. Mr. President, I ask sweetest triple crown’’—winning the Generosity will never lose anybody a unanimous consent that I be permitted annual Beanpot Tournament in Boston, vote. It is a mark of greatness. And to proceed for 2 minutes as if in morn- the Hockey East championship and the Nolan Richardson was great in his ing business. NCAA championship all in 1 year. The comments last evening. Youngsters all The PRESIDING OFFICER. Without only other team in school history to over America want to play for him. So objection, it is so ordered. win this triple crown was the Boston I fully expect that he and the Razor- The Senator from Massachusetts is University team of 1972. backs will be back again next year. recognized. The Terriers completed the season I rise just simply to say that this Mr. KENNEDY. Mr. President, I con- with a record of 31–6–3 overall, the sec- team, as did last year’s championship gratulate our two friends and col- ond most wins by a BU hockey team. team, has filled all Arkansans’ hearts leagues. The team was anchored by the presence with pride and exhilaration. We are im- I join in congratulating UCLA for of 14 natives of Massachusetts, includ- mensely grateful for the glory they be- winning the championship, but also in ing Mike Grier of Holliston, an African stowed on themselves and our beloved paying tribute to a valiant team that American and First Team All-Amer- Arkansas. had enormous success during the ican who is a role model for hockey I yield the floor. course of the season. fans in Massachusetts and throughout Mr. PRYOR addressed the Chair. The University of Massachusetts got the United States. The PRESIDING OFFICER. The Sen- to the quarter finals in that particular ator from Arkansas. basketball tournament. I can remem- For BU, this victory marked their Mr. PRYOR. Mr. President, I, too, ber when the University of Massachu- 4th NCAA Division I championship, would like to join my senior colleague, setts played Arkansas on Thanksgiving having won previously in 1971, 1972, and 1978. They have appeared in the Final Senator BUMPERS, in praising the great of last year. It was a very good evening University of Arkansas team and also at that time when Coach Calipari’s Four a total of eight times. In their 74 in congratulating the UCLA team for a team was successful. That team went years of competition, they have an magnificent job in winning the na- along and had a superb year, and lost overall record of 1046–607–68, for an ex- tional championship. in a hard-fought contest. traordinary.628 percentage. Under the Mr. President, it has not been too I was inspired by the skill and the de- inspired leadership of Coach Jack long ago since basketball really come meanor and the competitiveness of Parker, who graduated from the uni- to the forefront in the Arkansas Razor- those young men, and women, as we versity in 1968, the Terriers have backs’ territory. In fact, when I was a heard yesterday, from the University amassed a 491–241–37 record in his 22 student in Fayetteville at the Univer- of Connecticut. years as coach, along with two na- tional championships. sity of Arkansas, they almost had to f force us to go over to the field house to It is a great tribute to Coach Parker watch the Razorbacks play basketball. BOSTON UNIVERSITY WINS and the rest of the Terriers that they Usually, those basketball games were NATIONAL HOCKEY CHAMPIONSHIP were able to come back from a difficult on a Friday or a Saturday afternoon. Mr. KENNEDY. I will just take this loss in last year’s tournament to win But then along came some great moment, Mr. President, to mention this year’s championship in such a con- coaches and ultimately some great that in my State last Saturday, Boston vincing fashion. I commend them for teams, and finally the great support of University won the national champion- their impressive victory, and I ask the people of our State, equaling the ship in hockey. It was an all-New Eng- unanimous consent that the team ros- support now, I think, of the Razorback land contest. They played against the ter and articles from the Boston Globe football team; in fact, in some cases, University of Maine in a very outstand- on Sunday may be printed in the even surpassing it. ing, competitive game. Boston Univer- RECORD. Last year, the Razorbacks, of course, sity represents one of our great univer- There being no objection, the mate- Mr. President, were the national cham- sities and one of the great centers for rial was ordered to be printed in the pions. This year, we were almost the hockey. New England takes hockey se- RECORD, as follows: national champions. We lost to a great riously. Other parts of the country do No. and name Cl Pos Hgt Wgt Hometown team. as well. Last night, throughout that game, I But I think it is important to take a 1. Shawn Ferullo* ...... So G 5–8 158 Lynnfield, MA. sat and watched as the momentum moment of time, when we have been 2. Kaj Linna *** ...... Sr D 6–2 210 Helsinki, FIN. 3. Chris O’Sullivan* ...... So D 6–3 199 Dorchester, shifted back and forth between UCLA wondering about the young people of MA. and Arkansas, and between UCLA and this Nation in the period of these last 4. Chris Kelleher ...... Fr D 6–1 214 Belmont, MA. 5. Doug Wood** ...... Jr D 6–1 200 Sudbury, MA. Arkansas again. I thought of the many several days, to focus on the quality of 7. Rich Brennan*** ...... Sr D 6–2 200 Guilderland, thousands of hours of practice, com- the competitiveness, of the character, NY. mitment, that each of those players of the discipline, of the sportsmanship 8. Bill Pierce* ...... So W 6–1 195 Burlington, MA. had committed to the splendid sport in of real champions. 9. Shawn Bates ...... So C 6–0 183 Medford, MA. this wonderful country of ours. Whether it was with the UCLA and 11. Bob Lachance** ...... Jr W 5–11 183 Bristol, CT. Finally, Mr. President, I was taken Arkansas championship last night, or 12. Mike Grier* ...... So W 6–0 242 Holliston, MA. 14. John Hynes ...... Fr W 5–9 168 Warwick, RI. not only by the fine comments of the whether it was the superb performance 15. Mike Sylvia ...... Fr W 5–10 170 Newton, MA. coaches of both of those basketball of the University of Connecticut’s 16. Ken Rausch*** ...... Sr W 6–0 189 Danbury, CT. S 5122 CONGRESSIONAL RECORD — SENATE April 4, 1995 1994–95 BOSTON UNIVERSITY HOCKEY ROSTER— This was the fourth NCAA championship As time was running out in the second pe- Continued for the Terriers in eight Final Four appear- riod, the Black Bears had a two-man advan- ances. The previous three came in 1971, 1972 tage following penalties to Shane Johnson No. and name Cl Pos Hgt Wgt Hometown and 1978. This year’s Terriers, who finished (interference, 18:20) and Linna (slashing, 31–6–3, won two Beanpot games by four goals 19:44), but Thornton won the initial faceoff 17. Jay Pandolfo** ...... Jr W 6–0 197 Burlington, MA. and their three NCAA tournament games by from Dan Shermerhorn and the Terriers left 18. Chris Drury ...... Fr F 5–10 184 Trumbull, CT. the same margin. Doesn’t that say it all? with a shaky 3–1 lead and 20 seconds of the 19. Steve Thornton*** ...... Sr C 5–11 179 Gloucester, ‘‘When it was 3–1 and 3–2 at the start of the two-man-down situation still to fend off. The ONT. 20. Jeff Kealty ...... Fr D 6–4 190 Framingham, third was when our senior class and our goal- first penalty had expired when Trevor MA. tender took over,’’ said BU coach Jack Roenick got Maine within 3–2 31 seconds into 21. Mike Prendergast*** ...... Sr W 5–9 182 South Boston, the third, but it was all BU after that. MA. Parker. ‘‘We had another big goal by Shawn 22. Matt Wright* ...... So W 6–1 180 Belmont, MA. Bates and the momentum started to swing. 24. Jacques Joubert** ...... Sr C 6–2 201 South Bend, ‘‘People asked if the kids were uptight. BELIEVE IT OR NOT, BOSTON BACK IN IN. 26. Jon Coleman* ...... So D 6–0 192 Canton, MA. This group didn’t play well uptight. We beat WINNER’S CIRCLE 27. Shane Johnson* ...... So D 5–10 185 Brandon, three of the top hockey teams in this tour- (By Kevin Paul DuPont) MAN. nament when we beat Lake Superior, Min- 29. J.P. McKersie*** ...... Sr G 6–1 206 Madison, WI. PROVIDENCE—Not every floor has a trap 30. Tom Noble ...... Fr G 5–10 153 Hanover, MA. nesota and Maine, and after last year we had door. The pie at the buffet table isn’t always 35. Derek Herlofsky*** ...... Sr G 5–10 173 Minneapolis, the opportunity to get back. The entire sea- MN. there to be tossed in your face. That big oak son was treading water waiting to get back tree that shades your house and keeps it nice *Indicates number of letters won. to this tournament.’’ and cool in the summer doesn’t have to come Note: Head Coach: Jack Parker; Assistants: Blase MacDonald, Mike The Black Bears (31–6–6), who were picked crashing through the roof in the middle of a Enizione, Bill Berglund; Captain: Jacques Joubert; Assistant Captains: Rich fourth in the Hockey East preseason poll, Brennan, Derek Heriofsky. winter storm. held a 2–0–2 edge over BU this season, but the Good things can happen to a Boston team. teams last met Dec. 3, in Orono. There was a BOSTON UNIVERSITY The city that hasn’t had much to celebrate wide edge in quickness for the Terriers yes- since the Celtics won the NBA championship No. and name Pos. G A Pts. terday, in part perhaps because of Maine’s in 1986 now has the Boston University hock- draining 4–3 triple-overtime victory over ey team to cheer all the way down Common- 1. Shawn Ferullo ...... G 0 0 0 Michigan in Thursday’s semifinals. 2. Kaj Linna ...... D 7 19 26 wealth Avenue. (Note: this column will not 3. Chris O’Sullivan ...... D 21 33 54 Even though the Terriers were riddled by self-destruct upon your reading the last 4. Chris Kelleher ...... D 3 17 20 penalties, they showed their mettle, even paragraph.) 5. Doug Wood ...... D 6 11 17 when their 3–0 lead slipped to 3–2. Bates got 7. Rich Brennan ...... D 5 22 27 Boston is a winner. It’s OK. You can close 8. Bill Pierce ...... W 5 13 18 the third-period explosion going when he slid your eyes, click your ruby slippers, and all 9. Shawn Bates ...... C 18 11 29 a pass to Sylvia, who made it 4–2 at 5:23. the good of yesterday won’t vanish before 11. Bob Lachance ...... W 11 29 40 O’Sullivan jammed the puck in at the 8:30 12. Mike Grier ...... W 29 24 53 your eyes. Boston is a winner. 14. John Hynes ...... W 0 0 0 mark for a 5–2 lead and Lachance’s short- Perhaps bigger news in the ’90s: upon leav- 15. Mike Sylvia ...... W 9 9 18 handed goal at 18:47 was the icing on this ing the Civic Center last night, no one had 16. Ken Rausch ...... W 12 12 24 glorious cake. 17. Jay Pandolfo ...... W 7 12 19 asked a state or federal agency to launch an 18. Chris Drury ...... F 12 15 27 The Terriers scored three powerplay goals investigation and no one was looking to tell 19. Steve Thornton ...... C 16 22 38 and drew 10 penalties, four on interference his/her side of the story to ‘‘Hard Copy’’ for 20. Jeff Kealty ...... D 0 5 5 calls in front of the net, so their special 21. Mike Prendergast ...... W 17 21 38 an extra $50. No one asked the official scorer 22. Matt Wright ...... W 7 9 16 teams were a key. ‘‘They moved the puck to come to the side bar. 24. Jacques Joubert ...... C 28 23 51 and handled our pressure,’’ said Maine coach It was like the old days: one team won, one 26. Jon Coleman ...... D 5 23 28 Shawn Walsh. ‘‘We couldn’t get up to the 27. Shane Johnson ...... D 0 6 6 team lost, and no doubt a few kegs got un- 29. J.P. McKersie ...... G 0 0 0 puck. Down low their two defensemen out- corked in dorms from Kenmore Square, right 30. Tom Noble ...... G 0 2 2 worked our three forwards. They have a ter- on up to West Campus. 35. Derek Herlofsky ...... G 0 3 3 rific defense and they showed it today. They ‘‘This is the greatest team because it’s [From the Boston Globe, Apr. 2, 1995] got the fourth goal and it put a stake happened right now,’’ said BU coach Jack through our heart.’’ Parker, following his Terrier’s 6–2 rubout of TERRIERS ARE ONCE AGAIN TOP DOGS—BU The Terriers started tentatively, but part the Maine Black Bears in yesterday’s NCAA THUMPS MAINE, WINS HOCKEY CROWN of that was attributable to the Black Bears, final. But don’t tell that to Mike Eruzione or (By Joe Concannon) who took it to BU on the boards and bumped Jack O’Callahan. They played on some pret- PROVIDENCE.—They’d been to the doorstep the Terriers off the puck. BU had just two ty good teams, too. twice in this decade and experienced a wide shots on goal in the first 10 minutes. This ‘‘This team is one in a great line. And it’s range of hockey emotions. They’d lost a tur- was a trifle haunting, since the Terriers nice to be on that line.’’ bulent 8–7 game in triple overtime to North- didn’t get a shot on goal in the first 10 min- Parker was one shivering slice of life in the ern Michigan four years ago, then they’d utes a year ago in the crushing loss to Lake minutes that followed his second national been blown out by Lake Superior State, 9–1, Superior State. championship (fourth overall for BU). While last year, both games in St. Paul. This time After killing off two power plays, the Ter- he stood at center ice and answered all the the Green Line team out of a rink on a riers got their first chance with the man ad- questions for ESPN, goaltender Derek deadend street in Allston took the limo all vantage when Brad Mahoney left for rough- Herlofsky and partner-in-crime Rich Bren- the way to the top. ing at 13:50. Thornton asserted himself on a nan conspired in giving Parker an icy show- Boston University, picked as the nation’s faceoff, winning it, following it in and roof- er. Over came the orange tub, hoisted high, No. 1 team in October, blew away Maine, 6– ing a shot over Maine goalie Blair Allison to and Parker was as wet as if he’d been tossed 2, in the championship game of the 48th stake the Terriers to a 1–0 lead at 14:57 of the into the Charles. NCAA tournament yesterday at the Civic opening period. ‘‘I feel old,’’ said the shaking Parker, his Center, the same building where the Terriers The game’s first big defensive play kept shirt and pants clinging to his wiry body. won their last national crown 17 years ago. Maine from answering. Wayne Conlan un- ‘‘But I felt old before this started.’’ They also completed college hockey’s sweet- loaded a shot that trickled away from Noble Winning the NCAA hockey championship est triple crown by winning the Beanpot, and wound up casually behind him in the doesn’t capture America’s heart and soul, or Hockey East and the NCAA title in the same crease. Lachance swept behind his goal- the TV lens, the way an NCAA basketball season. tender and fired the puck out of trouble be- championship can. The US is built for The only team to accomplish that was the fore one of the Black Bears could get to it. roundball. President Clinton didn’t interrupt 1972 BU team led by Ron Anderson, Toot The tables were tipped slightly in the sec- his afternoon at Pennsylvania Avenue to call Cahoon, Jake Danby, Steve Dolloff, Ric Jor- ond period when it was the Black Bears who Jack Parker and his good ol’ boys from dan, Bob Brown and goaltenders Dan Brady were denied quality scoring opportunities Route 128 to congratulate them. and Tim Regan. The 1995 champions feature and the Terriers streaked to a 3–0 lead, But no one expects that, especially at BU, goaltenders Derek Herlofsky and yesterday’s Maine didn’t get a shot off on an early power a campus of diverse interests with hockey hero, freshman Tom Noble, and goal scorers play and the Terriers seized a 2–0 lead when just a small part of a cosmopolitan land- Chris O’Sullivan, Jacques Joubert, Steve O’Sullivan swept into the right post and put scape. When the BU hockey team packed its Thornton, Bob Lachance and Mike Sylvia. in Thornton’s rebound at 7:27. bags for the trip down here on Wednesday, ‘‘I found out about 5 past 9 [yesterday Less than two minutes later, Joubert fol- there was no band playing on Babcock morning] I was starting,’’ Noble, who made lowed up his own rebound to convert on a Street, no booster club sending the boys off 21 saves, said. ‘‘I’ve played big games before power play set up by Kaj Linna and Mike with a fond fairwell. [at Catholic Memorial] but this is the big- Prendergast, making it 3–0 at 9:15. Maine cut ‘‘Really, it was very quiet,’’ said the Ter- gest game I’ve ever played. It’s been a dream it to 3–1 when Tim Lovell flew in to convert riers’ longtime sports information director, of mine to play in a national championship Jamie Thompson’s pass on a two-on-one Ed Carpenter. ‘‘Just a bunch of college kids game.’’ break, beating Noble at 14:51. taking care of business.’’ April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5123 ‘‘Maine actually has a more avid hockey ORDER OF PROCEDURE he known this was an uninsured prod- following. Understandable. It’s watch hockey uct, he would never have given the or get back to the lumberjack matchups. Mr. DOLE. Mr. President, the Sen- ator from Ohio wants to make what bank this money. Now he may not ever Shawn Walsh’s team also came here hoping be able to go on that cruise that he had to take care of business. After falling behind, looks like an address to me. Will the 3–0, the Black Bears closed within a goal on Senator from Ohio have any objection dreamed of. strikes by Tim Lovell and Trevor Roenick. if we reach an agreement we can inter- Now I want to tell you, Mr. Presi- But Maine showed the fatigue of Thurs- rupt to get the agreement? dent, how this man and other inexperi- day’s triple-overtime win over Michigan. Mr. GLENN. I just want to submit a enced older customers ended up buying Forty-eight hours didn’t give the Black bill and give a speech. I can stop in the uninsured products. We say, How could Bears enough time to recover. Tired legs and middle. that happen? How could any individual shortcomings on defense brought them up Mr. DOLE. Why do you not go ahead. be led to buy a product that was unin- short. The PRESIDING OFFICER. The Sen- sured? ‘‘Short shifts,’’ read the message board in ator from Ohio. the Maine dressing room. ‘‘Short passes, The truth is that some banks have Stop and start.’’ In other words, economize, Mr. GLENN. Mr. President, I ask elaborate sales systems set up to sell don’t get into a pass-and-shoot game with a unanimous consent to proceed as in securities such as mutual funds to any BU team that had rattled off nine straight morning business. customer who will buy them. They wins. Don’t trade punches with a club that The PRESIDING OFFICER. Without have other types of funds. won the Beanpot and the Hockey East title. objection, it is so ordered. Let me show you how these particu- In the end, it was a breakdown, a pass picked Mr. GLENN. I thank the Chair. lar uninsured products, and the sales off, that buried the Bears. Bruins prospect (The remarks of Mr. GLENN pertain- systems, work at some of our banks. Shawn Bates broke over the line on a two- ing to the introduction of S. 669 and S. Perhaps it is the bank that the Presid- on-one, dished right to Milk Sylvia, and BU 670 are located in today’s RECORD under ing Officer banks with. Perhaps it is had a 4–2 lead with 5:23 gone in the third. ‘‘Statements on Introduced Bills and the bank that I bank with. ‘‘A killer,’’ said Walsh. ‘‘It was like some- Joint Resolutions.’’) one put a stake right through our heart.’’ Our customer case is Mrs. Jones. Mr. PRYOR. Mr. President, speaking The BU dressing room was surprisingly low This is a true case of a 77-year-old key. Mike Grier (how come no one calls him of protections that should be given to widow who never put her money in Big Country?) packed his red-and-white bag people—in fact, last Tuesday, 1 week anything but insured products like and slung it over his shoulder on his way to ago, I introduced the Bank Customer CD’s. Our other cast members include catch the bus. One by one, his teammates Confidentiality and Protection Act of Sally, who is Mrs. Jones’ teller of followed, quietly, smiling on cue when asked 1995, which became S. 663. many years in the bank where she how it felt to be the greatest college hockey This legislation was crafted to ad- banked. The cast of characters also in- team in the USA. dress problems in the area of bank cludes David, a broker who was with ‘‘Feels great,’’ said Grier, ‘‘I don’t think I sales of uninsured products, such as the bank’s brokerage subsidiary. can describe yet how it feels, but it feels mutual funds identified during an in- Teller No. 12 is Sally. She has identi- great.’’ vestigation conducted by my staff on ‘‘I’m tired,’’ said Bates, slumping in a fied a customer, Mrs. Jones, with a the U.S. Special Committee on Aging. chair for a TV interviews. ‘‘This is great. high amount of CD’s coming due who, After hearing the stories of numerous This is everything we wanted.’’ ‘‘came in today and wasn’t sure what Be careful today if you drive by the BU older Americans specifically, who claim they did not know what they she would do with her money.’’ She bridge. Ease off the pedal some if you pass tells the broker about Mrs. Jones hav- the dorms around 700 Comm. Ave, or the cozy were buying when they purchased an apartments along Bay State Road. The uninsured product through their bank ing these CD’s coming due. Sally, the partying promised to be long and hard. Red and then lost much of their life sav- teller, is so excited because she gets a eyes and slow steps will be the order of the ings, I am today convinced that more commission on referrals to the bank’s day. stringent protections are needed to en- brokerage arm. So Sally prints out a Boston has a champion this morning. We sure that financially inexperienced copy of Mrs. Jones’ account history. know it often doesn’t get better than that. bank customers fully understand what There is Mrs. Jones’ account history. Mr. DOLE addressed the Chair. they are buying when they invest in She sends it over to David across the The PRESIDING OFFICER. The ma- uninsured accounts. hall, one of the brokers working at her jority leader. Mr. President, I have a series of sto- branch. If Sally makes more referrals Mr. DOLE. I think we are still await- ries today. I am trying to put human than her coworkers, she could win a ing one phone call before, hopefully, we faces and human concerns together prize, even a trip to Las Vegas. can reach an agreement. I do not want with statistics. This is a letter I re- Mrs. Jones is not the only bank cus- to miss this opportunity to talk about ceived on November 11, 1994. Let us just tomer whose records are shared with the University of Kansas Jayhawks. call our friend who wrote me ‘‘Dick.’’ brokers without the customer’s ex- [Laughter.] This legislation today is intended to plicit knowledge and consent. In fact, Mr. BUMPERS. The majority leader help financially inexperienced bank my staff has seen proof that this prac- will be proud in knowing that I actu- customers such as this man, a 64-year- tice is very widespread. For example, ally picked Kansas to be in the final old retired priest and a Vietnam vet- our staff has seen evidence that bro- four in the office pool. eran. kers have access to the banking Mr. DOLE. So did I. [Laughter.] By last year, Dick had saved $3,000 records of a very, very high ranking But I think it is fair to say I cer- for a cruise that he wanted to take 2 U.S. Government official and those of a tainly agree with the comments made years in the future when he retired. In famous actor, which have been shared by both Senators from Arkansas. It is fact, I believe in his letter he states with many other people. an outstanding team, outstanding that he wants to take this cruise some- Until we started this investigation I coach. Senator PRYOR indicated the time in late 1995. He had always put his had never heard of blitz night. momentum did go back and forth. It money in savings accounts and in CD’s Some banks hold contests to see was tied, two behind, one ahead. It was at this particular bank. He had never which of their tellers and customer one exciting game. invested before in a mutual fund or in service representatives can get the I know it is a lot more fun winning. any other uninsured product. After all, most bank customers into the bank to We have all experienced that from time he is a former priest and he never had talk to a securities salesperson. Depos- to time. But I do think it says a lot a lot of money laying around. itory institution employees, who are about the coaches, a lot about the fans, When he went into his bank he told winners of the blitz telephone calling primarily a lot about the young men the worker there that he wanted to put contest, can now win unimaginable who were involved in not only the his money in a safe account. They did wealth. Final Four but the Sweet 16, the whole the opposite. They put this man’s Sally the teller, for example, partici- group. They have all done an outstand- money in an uninsured bond fund that pates in blitz night. Mrs. Jones, the 77- ing job. I know we are all proud of our lost hundreds of dollars by the end of year-old bank customer, is contacted respective teams. the year. Dick told our staff that had during one of these contests. S 5124 CONGRESSIONAL RECORD — SENATE April 4, 1995 This basically spells it out for the These things which confuse Mrs. to change the mind of a customer who bank employees, advertising: Blitz Jones include: only wants to purchase a CD? Even night, unimaginable wealth, fabulous The bank has an FDIC emblem on the though she may now think that the un- prizes—for what? For making referrals bank’s doors. insured mutual fund is backed by the to the bank’s own broker who would The location of the broker’s desk was FDIC, Mrs. Jones becomes wary and then try to lure from CD accounts, near where Mrs. Jones had opened her she tells the broker, David, ‘‘I am not Mrs. Jones and her type, to put their CD account just last year. interested in anything but CD’s.’’ funds in uninsured funding properties. The use of the bank’s name and the Then the broker might say—once When Sally the teller calls Mrs. bank’s logo on the uninsured product’s again, this is the sales system supplied Jones, Sally tells Mrs. Jones that she marketing material. by the bank and used by the broker to is calling from her branch bank, from And, perhaps most importantly, Mr. get money from CD’s through the Mrs. Jones’ bank for many years. They President, what the broker tells Mrs. bank’s own financial product, in this know each other. So, from the start, Jones about her investment. case, uninsured mutual funds—‘‘If we Mrs. Jones associates the uninsured This is a ‘‘person commercial’’ we see could show you the way to cut your products that she will hear about later here, presented by Mrs. Jones’ new taxes hundreds or thousands of dollars with what she knows about her deposi- broker named David. It makes it sound a year, would you have some interest tory institution. Such is the fact that as if the only difference between the in learning more?’’ These are the she feels secure taking the advice from bank’s brokerage business and the ‘‘three dynamite questions’’ right here the people who work there, and the bank’s depository business is some sep- below that the broker is instructed to fact that she never has lost any money aration on paper for ‘‘tax reasons.’’ utilize in luring this poor widow wom- Another thing I would like to point there in this bank in the past. Since it an’s funds from CD’s into uninsured out is that the broker tells Mrs. Jones is somebody at her depository institu- funds. We see that it sounds pretty that his ‘‘recommendations are on the tion or her bank calling, Mrs. Jones good to someone who might be on a best approaches available to investors figured that she would make an ap- fixed income with no other person to today.’’ However, in this particular pointment as Sally suggests. advise her. case, David, the broker, receives a Now we are going to demonstrate higher commission—this is very impor- Now, it is not over. David keeps plug- how some of the brokers who are asso- tant—if he recommends one of the ging away. The broker keeps plugging ciated with the banks are trained to bank’s inhouse mutual funds that are away. What he recommends that this operate. In a moment I will show a doc- not insured by the Federal Govern- lady buy is not some fund that is in- ument related to one bank’s training ment. This means that David has the sured by the U.S. Government. But now program for brokers. First let me make incentive to push the bank’s product the bank has contrived a new name for a few important points about the docu- regardless of its suitability for Mrs. a new fund for people just like this. ments. The following bank uninsured Jones. Guess what the name of that fund is, product sales system charts are an en- Let us talk about how the broker and Mr. President? It is called ‘‘U.S. Gov- largement of selected pages from one the bank sometimes downplay the fact ernment Fund.’’ And it says, ‘‘This is a large bank’s training manual, used to that the broker’s products are not mutual fund portfolio of securities is- train bank-based brokers as recently as backed by the FDIC. Let us take Mrs. sued by the United States Government last year. This is not something that Jones once again. She is in ill health. and its agencies. The U.S. Government was going on 10 or 20 or 30 years ago. It She is 77. She is a widow. She knows Fund currently pays a dividend of went on as recently as last year. And, that she is going to need that money [blank] percent,’’ and it goes on ex- Mr. President, it is going on this year. eventually. So she asks the securities plaining the U.S. Government Fund, Not all banks that sell securities did salesperson whether the investment he which in no way is tied to, in no way is or do use this sort of training manual. is offering—mutual funds, in this case an entity of, or in no way is insured by However, our investigations suggest —is insured by the FDIC. To Mrs. the Government of the United States. that more than a few banks use similar Jones, the FDIC seal that she saw in Mr. President, it is a fraud, and it is sales techniques. These charts that we the bank is analogous to a ‘‘Good wrong, and we must now do something will see represent just one example of Housekeeping Seal of Approval.’’ about it. how some banks have sales systems This particular chart shows us what Look at the number of times that the that, while not illegal necessarily, do the broker, David, was trained to tell ‘‘United States’’ and ‘‘U.S.’’ is men- tend to contribute to customer confu- her. David does not tell her that the in- tioned on this particular chart. While sion. These training manuals are for vestment product is not insured by the the customer might not ever see this the bank’s internal purposes only and FDIC, it is not insured by anything document, it is clear that the brokers they are not ever seen by the public. else, or that she could lose all of her are encouraged with their instruction They are not ever seen by Mrs. Jones, money. sheets to frequently mention the the potential customer. Thus, what the These are his talking points about ‘‘United States’’ and the ‘‘United broker actually tells each customer which he is talking on the phone or in States Fund.’’ varies from customer to customer. person with a potential customer like Now, Mr. President, we come to the Some representatives of the banking Mrs. Jones. point where the broker has to make his community have pointed out to me For example, he says, ‘‘With this in- sale. The pressure is mounting. The that, despite what a customer is told vestment, you can earn $10,000 more in customer is confused. And this chart by a broker, all customers are required income over the next 5 years. This will shows that Mrs. Jones agrees to buy to sign a written disclosure form when go a long way toward providing you into the bank’s proprietary ‘‘U.S. Gov- they purchase an uninsured product. with a more comfortable retirement. ernment Bond Fund.’’ Once again, it is However as I explained in the state- Don’t you agree?’’ not insured, not a Government fund, ment I made on the floor last Tuesday, Then the next thing that he is in- but only named the ‘‘U.S. Government these written disclosure forms com- structed to ask, from instructions in Bond Fund.’’ monly do not help financially inexperi- his private book from the bank: ‘‘Ask Mrs. Jones may have been convinced enced customers fully understand what for the order!’’ Once the order is given, that the product was right for her, or they are purchasing. and it is not FDIC insured, then a com- she may be just deferring to David, When Mrs. Jones comes into the mission—a handsome commission, I who is part of the institution that she bank in a few days and talks to some- might say—is paid to the broker and to trusts so much, her bank, with the body about getting higher rates on her the teller who made the reference of FDIC seal in the window. While Mrs. money, there are things that cause Mrs. Jones’ case or her interest to buy Jones is going to be asked to sign a dis- Mrs. Jones to not totally understand some additional securities to the closure form, this may not and prob- the distinction between the depository broker. ably will not help her realize that this institution and the brokerage business How do you change the mind, or how product is probably not the right prod- which might be just a few steps away. are these brokers and personnel taught uct for her. April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5125 More than a few financially inexperi- viser, and truly finds herself in the the education infrastructure needs of enced bank customers have told our grips of, in my opinion, unethical sales- our Nation’s public elementary and committee staff that when they looked persons, unethical brokers, and people secondary schools. As expected, this re- over the disclosure forms, they did not who are interested only in making cer- port made clear what most of us al- understand what they read. These cus- tain that they receive a nice fat com- ready knew; that our schools are dete- tomers typically would then ask the mission in selling Mrs. Jones uninsured riorating and we need to fix them. investment sales people to interpret bank products which truly may wipe The GAO report concluded that our the forms for them. In these cases, the out all of her assets. Nation’s public schools need $112 bil- sales people told their customers that Mr. President, I see no other speak- lion to restore their facilities to good the documents were just a ‘‘formality’’ ers or Senators seeking the floor. I overall conditions; that is to say, with- to open the account, or that the form wish to thank the Chair, and at this out code violations and the like. This simply was stating what the sales peo- time I yield the floor and suggest the was not decorating issues—good overall ple had told the customers. absence of a quorum. conditions. It is not hard to identify the problem The PRESIDING OFFICER. The Of this amount, the GAO found that because the problem is, in some cases, clerk will call the roll. public schools needed $11 billion just to the brokers have made misleading, The legislative clerk proceeded to meet the Federal requirements—in- false statements about the nature of call the roll. cluding $6 billion to make all programs the uninsured products when they de- Ms. MOSELEY-BRAUN. Mr. Presi- accessible to all students and $5 billion scribe them, such as, ‘‘This is as safe as dent, I ask unanimous consent that the to correct or remove hazardous sub- the money in your pocket, and you will order for the quorum call be rescinded. stances. The PRESIDING OFFICER. Without only lose money if the Federal Govern- And so the first report focused in on objection, it is so ordered. ment goes bankrupt,’’ or, ‘‘It is backed the basic facility infrastructure needs by something better than the FDIC.’’ f and reached the conclusion that we Finally, the legislation that I intro- GAO REPORT AND THE NATIONAL needed $112 billion just to get our duced last Tuesday, which was crafted EDUCATION TECHNOLOGY FUND- schools up to code, removed of health after numerous meetings with industry ING CORPORATION and safety violations and threats to and consumer groups, would provide the students. needed consumer protections for finan- Ms. MOSELEY-BRAUN. Mr. Presi- cially inexperienced customers. This dent, I rise today to present the results SECOND GAO REPORT legislation would provide protections of the second in a series of five very The second GAO report, which was to financially inexperienced bank cus- important studies being conducted by released today, focuses on our Nation’s tomers by, one, full and clear disclo- the General Accounting Office on the education technology infrastructure sure about the risks associated with condition of America’s schools and to needs. Once again, this report con- uninsured products; by establishing announce the creation of the National cludes that our Nation’s public schools limits to compensation that institu- Education Technology Funding Cor- are not designed or sufficiently tion employees receive for making re- poration. equipped to prepare our children for ferrals to securities sales people. Re- I first became aware of the problems the 21st century. And that is actually member the case of Sally, Mr. Presi- facing our Nation’s education infra- the name of it: ‘‘School Facilities: dent, our bank teller who got a nice structure while serving in the Illinois America’s Schools Not Designed or commission by referring Mrs. Jones’ House of Representatives. Throughout Equipped for the 21st Century.’’ It is a private banking records and situation my 10 years in office, I visited school pretty devastating title for the report to a broker across the aisle from her; districts across the State and wit- itself, and this was a serious study that and to establish guidelines for unin- nessed the deteriorating condition of was done by the GAO. sured products and promotional mate- public school facilities in both rural More specifically, the GAO report rials; common sense physical separa- and urban districts alike. found that more than half of our Na- tion of deposit and nondeposit sales Yet, it was not until I began working tion’s public schools lack six or more products would be another area of this on education legislation in the U.S. of the technology elements necessary legislation; and fifth, Mr. President, we Senate that I learned that the Federal to reform the way teachers teach and would end in my legislation the prac- Government had not collected data on students learn including: computers; tice of sharing bank customers’ per- the condition of our Nation’s public printers; modems; cable TV; laser disc sonal financial information without school facilities since 1965. players; VCR’s; and TV’s. the customer’s explicit consent; and fi- GAO REQUEST In fact, the GAO report found that nally, Mr. President, we would increase Knowing that my efforts to improve even more of our Nation’s schools do the coordination of securities enforce- our Nation’s education infrastructure not have the education technology in- ment activities between the Federal would be limited by insufficient data, I frastructure necessary to support these banking agencies and the Securities sent a letter to the General Accounting important audio, video, and data sys- and Exchange Commission. Office last year, which was cosigned by tems. For example, this report con- I am very hopeful that this will begin Senators KENNEDY, PELL, SIMON, and cludes that: 34.6 percent of schools lack a dialog in which we will find as an end WELLSTONE, requesting a comprehen- sufficient electrical power for comput- result a cure for this particular prob- sive, nationwide study on the condition ers; 46.1 percent lack sufficient elec- lem that we are addressing today in of our Nation’s public school facilities. trical wiring; 51.8 percent lack suffi- the Senate. It is a problem, we think, In responding to my request, the cient computer networks; 60.6 percent of severe magnitude. It is a problem General Accounting Office surveyed a lack sufficient conduits and raceways; which has not risen to the height of random sample of our Nation’s 15,000 86.8 percent lack fiber-optic cable; 61.2 many of the concerns we have ex- school districts and 80,000 public percent lack sufficient phone lines for pressed here in recent months, but we schools from April to December 1994. instructional use; and 55.5 percent lack do think this is a concern which should GAO staff members also visited 41 sufficient phone lines for computer be addressed and should be one of pro- schools in 10 school districts across the modems. tections that we should ensure for country to supplement their quan- Mr. President, the General Account- those potential customers of uninsured titative data with personal observa- ing Office further examined these na- bank products such as mutual funds tions. Based on responses from 78 per- tional statistics and confirmed our and certain bond funds that are unin- cent of the schools sampled, GAO worst fears: that the availability of sured. began preparing five separate reports education technology in our Nation’s Finally, Mr. President, if we do it for on the condition of our Nation’s public public schools is directly correlated no other category of our population, schools. with community type, the percentage let us do it for those individuals like FIRST GAO REPORT of minority students, and the percent- Mrs. Jones, that 77-year-old widow who The first GAO report, which was re- age of economically disadvantaged stu- has no one to lean on, no advice, no ad- leased on February 1, 1995, examined dents. S 5126 CONGRESSIONAL RECORD — SENATE April 4, 1995 In other words, the GAO report found cational system. In order to prepare tem of public education has forced that although our Nation’s education American students to compete with local school districts to maintain our technology needs are great in both their foreign counterparts, systemic Nation’s education infrastructure with rural and urban school districts, urban school reform must occur. Systemic local property taxes. schools have greater education tech- school reform means taking into ac- For a long time, local school boards nology needs in every category. It also count and addressing all aspects of the were able to meet that responsibility. found that the education technology educational system. However, the ability of local school needs in our Nation’s schools increase Mr. President, the increased competi- boards to continue to meet that re- in every category as the percentages of tion created by the emerging global sponsibility has steadily declined. minority students and students receiv- economy requires teachers and stu- Local property taxes are now all too ing free or reduced lunches increase. dents to transform their traditional often an inadequate source of funding Mr. President, these results are sim- roles in many ways. It requires teach- for public education. What is even ply unacceptable. There is absolutely ers to act as facilitators in the class- worse is that this financing mechanism no reason why, in 1995, all of our Na- room, guiding student learning rather makes the quality of public education tion’s children should not have access than prescribing it. It also requires all too dependent on local property to the best education technology re- students to construct their own knowl- wealth. sources in the world. edge, based on information and data As a result, the second GAO report I point out that as between urban and they manipulate themselves. found that, on average, only 8 percent rural, this issue affects rural school Technolgoy can help teachers and of local school bonds was spent on com- districts as much as it does urban their students successfully play the puters and telecommunications equip- school districts. The children in rural new roles that are being required of ment. That is, for the average $6.5 mil- communities are denied access to the them. Technology can help teachers re- lion bond, only $155,000 or 2 percent was sources of information, the data, the port and chart student progress on a provided for the purchase of computers resources that are out there for them more individualized basis. It can also and only $381,100 or 6 percent for the to improve their opportunities for edu- allow them to use resources from purchase of telecommunications equip- cation, as well as children in urban across the globe or across the street, ment. areas where there is a greater con- for that matter, to create different Nonetheless, most States, including centration of students. learning environments for their stu- my own of Illinois, continue to force As you know, we are in a new era in dents without ever leaving the class- local school districts to rely increas- economic competition. All over the room. ingly on local property taxes for public world, barriers to trade between na- On the other hand, technology can education, in general, and for edu- tions are falling. We are witnessing the allow students to access the vast array cation technology projects, in particu- development of a truly global market- of material available electronically lar. In Illinois, for example, the local place. I believe that America can lead and to engage in the analysis of real share of public education funding in- the way in this marketplace. But if we world problems and questions. creased from 48 percent during the are to succeed, if we are to retain our CENTENNIAL HIGH SCHOOL 1980–81 school year to 58 percent during competitiveness into the 21st century, Mr. President, by way of example, ad- 1992–93 school year, while the State there must be a renewed commitment vanced chemistry students at Centen- share fell from 43 to 34 during this to education in this country. nial High School in Champaign, IL, are same period of time. If there is any objective that should currently taking advantage of the ben- I believe the Federal Government command complete American consen- efits associated with education tech- must also, frankly, accept a share of sus, it is ensuring that every American nology. the blame for failing to provide our Na- has the chance to succeed—and that, in Here is one of the deans of education tion’s children with environments con- the final analysis, is what education is on the floor, Mr. President, Senator ducive to learning. The Federal Gov- all about. No issue is more critical to PELL. Of course, his name is so well as- ernment’s share of public education our country. And no issue is more im- sociated with education. I had someone funding has fallen from 9.1 percent dur- portant to me. Nothing makes a bigger say to me, ‘‘Senator PELL made it pos- ing the 1980–81 school year to 5.6 per- difference in a person’s life than open- sible for me to go to college,’’ because cent during the 1993–94 school year. ing opportunities. Certainly nothing of Pell grants, and I thought that was has made a bigger difference in my life. one of the finest compliments that GOALS 2000 It is vital to the interest of our Na- could ever be given to an individual. Mr. President, Congress passed the tion that we maintain quality public Mr. PELL. Thank you very much. Goals 2000: Educate America Act which education for everyone. Education is Ms. MOSELEY-BRAUN. To continue, President Clinton signed into law on not just a private benefit but a public Mr. President, through an innovative March 31, 1994. I supported this legisla- good as well. It is the cornerstone of a partnership with the National Center tion because it promises to create a co- healthy democracy and, as a society, for Supercomputing Applications, herent, national framework for edu- we all benefit from a well-educated these students are developing experi- cation reform founded on the national citizenry. It is the means by which we ments that allow them to move parts education goals—including the seventh prepare our children to succeed—to of molecules on their computer screens national education goal which pro- make a living, to participate in the in response to their own computer motes parental involvement at all community, to enjoy the arts, and to commands. In one type of simulation, grade levels. understand the technology that has re- students watch the orbitals of models Nonetheless, I firmly believe that it shaped our workplace and, indeed, to in reaction to imposed actions. An- is inherently unfair to expect our chil- compete in this global economy. other type of simulation demonstrates dren to meet national performance Without a strong education system the ionization of atoms—how the size standards if they do not have an equal in this country, our young people will of atoms changes when ions are added opportunity to learn. not be prepared and will not be able to or subtracted. That is precisely the If they are denied equal access and hold their own in competition with the kind of education that we want to equal facilities, then they will have a other communities in the world, which make available to every child in Amer- very difficult time meeting and sup- devote a greater proportion of their re- ica. It is the challenge of the education porting national expectations and sources to the education of their chil- infrastructure that I think we have to standards. dren and the preparedness of their meet in order to do so. EDUCATION INFRASTRUCTURE ACT work force. LOCAL PROPERTY TAXES That is why, last year, I introduced TECHNOLOGY Mr. President, we are failing to pro- the Education Infrastructure Act. That Nonetheless, it will be difficult if not vide all of our Nation’s children with legislation addresses the problems impossible for us to prepare our chil- education technology resources like highlighted in the first GAO report by dren to compete in the emerging global those being provided at Centennial helping local school districts ensure economy through the current edu- High School because the American sys- the health and safety of students April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5127 through the repair, alteration, renova- they recognized that States and local million for education technology in tion, and construction of school facili- school districts need help financing 1988. ties. education technology equipment and COST OF TECHNOLOGY More specifically, that legislation infrastructure improvements. There is little doubt that substantial authorizes the Secretary of Education They also recognize the need for both costs will accompany efforts to bring to make grants to local school districts public and private investments in our information technologies into precol- with at least a 15-percent child poverty Nation’s education technology infra- legiate education in any comprehen- rate and urgent repair, renovation, al- structure. That is why their corpora- sive fashion. In his written testimony teration, or construction needs. Clear- tion will be operated by a board of di- before the House Telecommunications ly, with the needs being so great, we rectors which will include five mem- and Finance Subcommittee on Septem- had to come up with a formula that bers representative of public schools ber 30, 1994, Secretary of Education, will now begin to address the problem. and public libraries; five representa- Richard Riley, estimated that it will But at least we will give a start in that tives of the State education agencies; cost anywhere from $3 to $8 billion an- direction. and five members representative of the nually to build the education portion The legislation which will be intro- private sector. of the national information infrastruc- duced shortly, in keeping with the sec- INFORMATION SUPERHIGHWAY ture. The Office of Technology Assess- ond report regarding technology infra- ment has also estimated that the cost structure, takes a slightly different Mr. President, President Clinton and Vice President GORE have also taken of bringing the students-to-computer tack. John Danforth—I know the Pre- ratio down to 3-to-1 would cost $4.2 bil- siding Officer was familiar with former leadership roles in addressing our Na- tion’s technology infrastructure needs. lion a year for 6 years. Senator Danforth from Missouri—Jim Mr. President, I will soon introduce Murray, past president of Fannie Mae, On the 15th of September, 1993, the in- formation infrastructure task force legislation designed to help States and and Dr. Mary Hatwood Futrell, past local school districts meet these costs president of the National Education created by the Vice President released its report, entitled ‘‘National Informa- by authorizing Federal departments Association, joined forces today to ad- and agencies to make grants to the Na- dress the problem highlighted in the tion Infrastructure: Agenda for Ac- tion.’’ tional Education Technology Funding second GAO report. Corp. These three leaders in the area of That report identified nine principles for Government action to promote the Rather than creating another bu- education and finance came together reaucratic Federal program, this legis- today to establish the National Edu- information superhighway—the meta- phor used to describe the evolving lation would provide Federal support cation Technology Funding Corp., as a for education technology through the private, nonprofit organization, dedi- technology infrastructure that will link homes, businesses, schools, hos- NETFC—an innovative, bipartisan, cated to improving our Nation’s edu- public-private partnership. cation technology infrastructure. pitals, and libraries to each other and to a vast array of electronic informa- The seed money will help the NETFC The National Education Association, provide low-interest loans, loan guar- the National School Board Association, tion resources. On this same day, President Clinton antees, grants, and other forms of as- the American Library Association, and sistance to States in order to help I strongly support this effort to link issued Executive Order 12864 which cre- ated the National Information Infra- them improve their education tech- public schools and public libraries to nology infrastructures. the information superhighway. As out- structure Advisory Counsel to facili- tate private sector input. This legislation will not infringe lined in its articles of incorporation— upon local control over public edu- incorporated today in the District of Mr. President, a substantial portion of the information superhighway al- cation in any way. Rather, it will sup- Columbia—the National Education plement, augment, and assist local ef- Technology Funding Corp. is specifi- ready exists. Approximately 94 percent of American households have telephone forts to support education technology cally designed to, first, leverage re- in the least intrusive way possible, by sources and stimulate private invest- service, 60 percent have cable service, 30 percent have computers, and almost helping local school boards and States ment in education technology infra- improve their own facilities. structure; second, provide loans, 100 percent have radio and TV. Local and long distance telephone companies Mr. President, I ask unanimous con- grants, and other forms of assistance sent that the GAO report be printed in to State education technology agen- are investing heavily in fiber optic ca- bles that will carry greater amounts of its entirety in the RECORD. cies, with due regard for providing a The PRESIDING OFFICER. Without fair balance among types of school dis- information, cable companies are in- creasing their capacity to provide new objection, it is so ordered. tricts and public libraries assisted and There being no objection, the mate- the disparate needs of such school dis- services, and new wireless personal communications systems are under de- rial was ordered to be printed in the tricts; third, encourage the develop- RECORD, as follows: ment of education telecommunications velopment. One prototype, which I am sure the chair has heard about, the SCHOOL FACILITIES—AMERICA’S SCHOOLS NOT and information technologies through DESIGNED OR EQUIPPED FOR 21st CENTURY public-private ventures, by serving as a Internet, connects 15 to 20 million peo- ple worldwide. U.S. GENERAL ACCOUNTING OFFICE, clearinghouse for information on new HEALTH, EDUCATION, AND HUMAN FEDERAL SUPPORT education technologies, and by provid- SERVICES DIVISION, ing technical assistance; fourth, to es- Nonetheless, the results of the second Washington, DC, April 4, 1995. tablish criteria to encourage the States GAO report suggest to me that the Hon. CAROL MOSELEY-BRAUN, Hon. EDWARD to create, maintain, utilize and up- Federal Government must do more to M. KENNEDY, Hon. CLAIBORNE PELL, Hon. grade interactive high-capacity net- build the education portion of the na- PAUL SIMON, Hon. PAUL WELLSTONE, works capable of providing audio, vis- tional information infrastructure. U.S. Senate. ual, and data communications for ele- Federal support for the acquisition A skilled workforce is necessary to in- crease productivity so that a society can mentary schools, secondary schools, and use of technology in elementary maintain and enhance its standard of living. and public libraries; to distribute re- and secondary schools is currently Therefore, education and future employment sources to assure equitable aid to all fragmented, coming from a diverse opportunities for our nation’s children and elementary and secondary schools in group of programs and initiatives. Al- teenager is a concern that transcends tradi- the State and achieve universal access though the full extent to which the tional geographic, economic, and political to network technology; and finally, to Federal Government currently sup- boundaries. Towards that end, in your letter upgrade the delivery of instruction to ports investments in education tech- of February 15, 1994, you requested informa- students. nology at the precollegiate level is not tion on the physical condition of the Na- tion’s public elementary and secondary Mr. President, former Senator Dan- known, the Office of Technology As- schools. We presented national-level infor- forth, Mr. Murray, and Mrs. Hatwood sessment estimated in its report that mation on the physical condition of the na- Futrell created the National Education the programs administered by the De- tion’s school facilities in School Facilities: Technology Funding Corp. because partment of Education provided $208 Condition of America’s Schools (GAO/HEHS- S 5128 CONGRESSIONAL RECORD — SENATE April 4, 1995 95–61 Feb. 1, 1995). In that report, on the basis directed to achieving those outcomes.4 To Communications Technology in Schools.— of estimates by school officials in a national accomplish these objectives, education re- Although technology is changing constantly sample of schools, we estimated that the na- form efforts are introducing new teaching and quickly becoming defined by complex tion’s schools need about $112 billion 1 to re- methods, assessments, curricula, instruc- interactive and multimedia 8 technologies pair or upgrade America’s multibillion dollar tional materials, and technology into school and standards are only beginning to emerge,9 investment in school facilities to good over- buildings. it is helpful to regard school communica- all condition. To improve instruction, reform advocates tions technology as comprising four basic In addition, you asked us to document the recommend that a school use new techniques electronic systems: technology infrastruc- extent to which America’s 90,000 schools are for teaching and evaluating students and in- ture, data, voice, and video. These systems designed and equipped to meet the needs of volve teachers in developing curricula, rede- transmit data—by computer networks, today’s students and tomorrow’s workers. signing instruction, and planning staff devel- voice—by phone lines, and video—by TV Specifically, can America’s schools provide opment. To help achieve desired educational within the school, among different school the key facilities requirements and environ- outcomes, advocates also recommend that buildings, to the outside world, and even to mental conditions for education reform and schools enlist parents to monitor their chil- outer space. improvement? do America’s schools have ap- dren’s progress and participate in school ac- Technology Infrastructure.—Of the four propriate technologies, such as computers, tivities, in part by volunteering as tutors and the facility infrastructure to support the and acting as teacher aides. Finally, to fur- systems, technology infrastructure may be new technologies? In short, do America’s ther ensure the success of educational re- the most important and least understood. schools have the physical capacity to sup- form, advocates recommend that schools Data, voice, and video systems cannot oper- port learning into the 21st century? help provide health and social services to ate without the supporting building or sys- To answer these questions, we surveyed a students as well as before- and after-school tem infrastructure. Building infrastructure nationally representative stratified random care and day care.5 consists of what needs to be built into the fa- sample of about 10,000 schools and aug- For example, when teachers evaluate stu- cility to make any technology operate effec- mented the survey with visits to 10 selected dents in new ways, they need space to dis- tively in the school: the conduits/raceways school districts. Our analyses otherwise play and store student projects and journals. through which computer and computer net- noted, sampling errors do not exceed 2 per- Likewise, changes in instructional programs work cables are laid in the school, the cables cent. (See app. VI for a discussion of meth- or techniques—such as adopting an ungraded and electrical wiring for computers and odology.) We conducted our study between primary system or creating a school-within- other communications technology, and the January 1994 and March 1995 in accordance a-school—require space for large-group and electrical power and related building fea- with generally accepted government audit- small-group instruction. Adding an all-day tures such as electric outlets. Although de- ing standards. kindergarten, extended-day programs, or signing a new building with this infrastruc- RESULTS IN BRIEF even new computer courses 6 also call for spe- ture included is relatively easy and inexpen- School officials in a national sample of cial or dedicated space. Therefore, school fa- sive, installing it in existing school buildings schools reported that although most schools cilities that can support education reform can be expensive and disruptive. meet many key facilities requirements 2 and activities and communications technologies The other type of infrastructure—system environmental conditions 3 for education re- will not resemble or operate as schools built infrastructure—links up various technology form and improvement, most are unprepared in the 1950s. components. For example, computer network for the 21st century in critical areas: Rather than uniform-sized classrooms with infrastructure consists of the software that Most schools do not fully use modern tech- rows of desks, a chalkboard, and minimal re- runs the networking function. It links all nology. Although at least three-quarters of sources such as textbooks and encyclopedias, computers in a class or in the school or the schools report having sufficient computers schools prepared to support 21st century edu- computers in the school with computers in cation would have: Flexible space, including and televisions (TV), they do not have the the outside world—as well as special pieces system or building infrastructure to fully space for small- and large-group instruction; of hardware such as severs (computers with use them. Moreover, because computers and space to store and display alternative stu- large information storage capabilities that other equipment are often not networked or dent assessment materials; facilities for allow many users to share information) teaching laboratory science, including dem- connected to any other computers in the whose purpose is to run the network. Besides onstration and student laboratory stations, school or the outside world, they cannot ac- the network infrastructure, modems—small safety equipment, and appropriate storage cess the information super highway. electrical devices that allow computers to space for chemicals and other supplies; and a Over 14 million students attend about 40 communicate with each other through the media center/library with multiple, percent of schools that reported that their phone lines—are another basic component of networked computers to access information facilities cannot meet the functional re- systems infrastructure that links data, to outside libraries and information sources. quirements of laboratory science or large- voice, video, and even multimedia systems. In addition, such schools would also have group instruction even moderately well. This technology infrastructure, although Over half the schools reported unsatisfac- space for a variety of support activities: pri- vate areas for student counseling and testing initially more costly than the basic com- tory flexibility of instructional space nec- puter/printer, may have substantially more essary to implement many effective teaching and for parent support activities, such as tu- toring, planning, making materials, and the value. Educationally, it can link even the strategies. most remote or poor school with vast re- Although education reform requires facili- like; social and health care services; day care; and before- and after-school care. sources, including the finest libraries and ties to meet the functional requirements of the best teachers, for a wide range of courses key support services—such as private areas Schools would also have the capacity to operate year round, 24-hours per day if nec- or course enhancements, such as ‘‘virtual’’ for counseling and testing, parent support field trips. Financially, according to the activities, social/health care, day care and essary, providing a safe and well-lit environ- ment with satisfactory heating, air-condi- North Central Regional Educational Labora- before- and after-school care—about two- tory, the Internet and the emerging video thirds of schools reported that they cannot tioning, ventilation, and air quality and with appropriate acoustics for noise control. In and imaging technologies could be used to meet the functional requirements of before- change the economic basis of schooling by or after-school care or day care. addition, schools would have enough high- drawing upon the free or low-cost resources Moreover, not all students have equal ac- quality computers, printers, and computer and services to replace textbooks and other cess to facilities that can support education networks for instructional use; modems; costly instructional materials, software, and into the 21st century, even those attending telephone lines for modems and telephones other programs. Those funds could then be school in the same district. Overall, schools in instructional areas; TVs; laser disk play- used for additional staffing, local curriculum in central cities and schools with a 50-per- ers/video cassette recorders (VCR); cable TV; development, developing technology staff, cent or more minority population were more fiber optic cable; conduits/raceways for com- ongoing local staff development, and the likely to have more insufficient technology puter and computer network cables; electric like.10 elements and a greater number of unsatisfac- wiring; and power for computers and other 7 Data Systems.—Basic data systems include tory environmental conditions—particularly communications technology. Networking computers, some with compact disk read- lighting and physical security—than other capability in the classroom allows for use of schools. a wide range of teaching and learning strate- only memory (CD–ROM) capability, connected gies that are not possible with stand-alone to printers. A baseline data system enables BACKGROUND computers. For example, networks allow: instructional computers to communicate Education Reform.—Education reform is a Groups of students simultaneous access to with similar devices in the classroom or the national movement to raise standards for all large data sources; students to communicate school (local area networks). Optimally, a students at all schools. It focuses on changes with each other and with teachers in their data system also includes computer net- designed to improve student outcomes by (1) own school, and with teachers and students works compatible with outside resources determining what students should know and in other schools; and teachers to interact (wide area networks) such as the Internet; 11 be able to do and (2) ensuring that the key with students by computer as students computers in the central office, in other components of the educational system are work—engaging in online dialogs, referring schools, and home computers; and databases to additional resources—or students to en- from the Department of Education or Li- 1 Footnotes at end of article. gage in group projects. brary of Congress. April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5129 Voice Systems.—Voice systems include ac- knowledge and skills contained in these Site visits supported the survey results: cessible two-way voice communication and standards, often referred to as ‘‘opportunity In Ramona, California, we learned that messaging (telephone) systems for staff to learn.’’12 Figure 1 depicts various school some schools needed to retrofit wiring to in- members to communicate with each other in facilities around the country. [Figure 1 not crease power for more demanding tech- the building and with the school community. reproducible in RECORD.] nologies; one elementary school had only A baseline system includes a public address Most Schools Have Computers and TVs but two outlets in each classroom. Moreover, if system, some outgoing lines and telephones Little Infrastructure to Fully Use Tech- four teachers used their outlets at the same serving school offices and staff members, and nologies.—Over three-quarters of the schools time, the circuit breakers tripped. This hap- incoming lines to meet community and ad- reported having sufficient computers and pened about once a month. ministrative needs. Optimally, it also in- TVs. Two-thirds reported having sufficient A school official in Montgomery County, cludes more outgoing and incoming lines and printers, laser disk players/VCRs,13 and cable Alabama, said that new electrical systems to sufficient capacity to allow for such develop- TV. However, school officials reported that accommodate computers and other tech- ing technologies as voice processing and about 10.3 million students in about 25 per- nologies were the most common renovation voice mail. cent of the schools do not have sufficient needed in schools. Video Systems.—Video systems provide ac- computers. Although most schools report In our site visit to Washington, D.C., offi- cessibility to television communication and having enough computers and other basic cials told us that while many schools have all forms of video transmission from school technology elements,14 they do not have the computer laboratories with new computer locations as well as from the outside. A base- technology infrastructure to fully use them. equipment, these will need upgraded elec- line system includes capability to receive in- (See fig. 2 and table 1.) [Figure 2 not repro- trical systems, lighting, and air-conditioning structional and teacher professional pro- ducible in RECORD.] to provide an adequate learning environ- gramming as well as commercial and public ment. television stations whether through a master TABLE 1—MILLIONS OF STUDENTS ATTEND SCHOOLS RE- In one school we visited in Chicago, com- antenna or cable, microwave, or satellite. An PORTING INSUFFICIENT CAPABILITY TO SUPPORT TECH- puters were still in boxes because the school optimal system with today’s technology also NOLOGY did not have sufficient power and outlets to includes capability in classrooms and teach- use them. ers’ offices to dial up video sources in the Number In looking at the uses of bond proceeds in school media center and to conduct two-way Percent Number of stu- the districts, on average, school officials re- Technology element of of dents af- video-interactive classes between class- schools schools fected (in ported that only 8 percent of the most re- rooms, inside the school, and between millions) cently passed bond was spent for purchase of schools. computers and telecommunications equip- Fiber optics cable ...... 86.8 66,000 35.4 Only a Few Schools Have State-of-the-Art Phone lines for instructional use ...... 61.2 47,000 24.8 ment. That is, for the average $6.5 million Communications Technology.—Today new Conduits/raceways for computer/computer bond issue, about $155,600 or 2 percent was schools are being designed with these network cables ...... 60.6 46,600 24.9 provided for the purchase of computers and Modems ...... 57.5 44,200 23.0 changes in mind. Yet we only have a handful Phone lines for modems ...... 55.5 42,700 22.5 about $381,100 or 6 percent for the purchase of of schools—mainly science high schools like Computer networks for instructional use . 51.8 40,100 20.7 telecommunications equipment. (See app. Stuyvesant High School in New York City or Electrical wiring for computer/commu- nications technology ...... 46.1 35,700 19.3 II.) Thomas Jefferson High School in Virginia— Electrical power for computers/commu- Selected respondent comments.—‘‘Our that model state-of-the-art communications nications technology ...... 34.6 26,800 14.5 building, built in 1948, was wired for a film- technologies. However, to prepare the na- Laser disk player/VCR ...... 33.5 25,700 13.5 Cable TV ...... 31.7 24,200 12.2 strip projector.’’ tion’s children and teenagers to be competi- Computer printers for instructional use ... 29.3 22,700 11.9 ‘‘We live in a state where we put more tive workers in the 21st century, experts and Computers for instructional use ...... 25.2 19,500 10.3 technology and safety in an automobile than TVs ...... 15.9 12,200 6.8 business leaders say modern communication Schools reporting six or more insufficient we do in our schools.’’ technologies should be part of America’s ele- technology elements ...... 51.9 40,400 21.3 ‘‘We are not ready to join the information mentary and secondary education, not just network proposed by Vice President Gore.’’ the sole province of a few schools. Even in schools reporting enough comput- ‘‘Our computers are mostly donated. What An example of state-of-the-art technology ers, over one-third reported insufficient elec- few we purchased were bought in 1984—the can be found in the new Stuyvesant High trical wiring for computers/communications kids laugh at them, they have better at School. Serving about 3,000 students, it has technology. Computers and other equipment home.’’ over 400 computers, most of which are ar- that are not networked or capable of commu- ‘‘The number of computers in the buildings ranged in 15 networks, with access to the nicating with anything else in the school or is limited, and we currently have one com- Internet, as well as four antennae on the roof in the outside world may be sufficient for puter bus serving all six elementary schools. to communicate with satellites and virtually basic or reinforcement activities. They are The time for students to spend on the com- anyone else in the outside world. This school limited, however, in their access to the vast puters is obviously limited.’’ can directly access the latest information amount of electronic information available ‘‘Facility adaptation for computer net- from the most sophisticated scientific sat- and do not allow for new information to works, video networks, and phone access is ellites and participate in interactive ‘‘class- come into the system or for the interaction expensive and makes justifying purchase of es’’ with scientists in the field in the Ama- between students, students and teachers, or computer hardware more difficult.’’ zon rain forest via interactive, multimedia the school and the outside world. SCHOOLS REPORTED LACKING KEY FACILITIES networks like the JASON Project. This al- Over half of America’s schools reported in- REQUIREMENTS FOR EDUCATION REFORM lows the students to talk with these sci- sufficient capability in modems, phone lines entists and observe them and the rain forest for modems, phone lines for instruction, con- When asked how well their buildings meet on their TV screens during class, allowing duits/raceways, and fiber optics. (See table 1 the functional requirements of specified ac- them to go on ‘‘virtual’’ field trips world- and, for more detail, tables III.1 and III.2 in tivities related to school reform and im- wide. app. III.) provement, many survey respondents re- Federal Legislation Supports Reform and The following details emerged from the ported that they met these requirements Technology.—Recent federal legislative ini- survey: In central cities, over 60 percent of ‘‘not well at all.’’ (See table 2.) For example, tiatives supporting education reform and schools reported insufficient networks, although 58 percent of schools reported technology include (1) Improving America’s modems, phone lines (for modems or instruc- meeting the functional requirements of lab- Schools Act of 1994, which authorized $200 tion), conduits, and fiber optic cables. Over oratory science at least somewhat well, in million for technology education for 1995 and half reported insufficient capability for elec- fact, about 14.6 million students are in the 42 an additional $200 million for the new edu- trical wiring for computer technology. (For percent of schools where officials report that cation infrastructure improvement grants; more detail, see table III.4 in app. III.) the facilities requirements for laboratory and (2) Goals 2000: Educate America Act, Regional analyses show that schools in the science are met not well at all (see fig. 3 and passed in 1994, which establishes an Office of West reported the least sufficient tech- table 2). Educational Technology in the Department nology. (For more detail, see table III.7 in [Figure 3 not reproducible in RECORD.] of Education. Goals 2000 requires sates that app. III.) wish to receive funding under the statute to Schools with inadequate buildings 15 also TABLE 2: MILLIONS OF STUDENTS ATTEND SCHOOLS RE- develop a state improvement plan for ele- were more likely to report insufficient capa- PORTING THEY MEET THE FUNCTIONAL REQUIREMENTS mentary and secondary education. This plan bility to support technology. In every area of OF SOME KEY EDUCATION REFORM ACTIVITIES NOT should include a systemic statewide plan to communications technology we asked about, WELL AT ALL increase the use of state-of-the-art tech- schools with no inadequate buildings re- nologies that enhance elementary and sec- ported greater sufficiency than schools with Number ondary student learning and staff develop- one or more inadequate buildings. However, percent Number of stu- Activity of of dents af- ment to support the National Education even in schools reporting no inadequate schools schools fected (in Goals and state content standards and state buildings, about one-half or more reported millions) student performance standards. Central to insufficient capability in areas related to Instructional activities: both these acts is the idea that children are interconnectivity, such as networks, Laboratory science ...... 42.0 32,100 14.6 entitled to an opportunity to acquire the modems, and fiber optics. Large-group instruction ...... 38.2 29,500 14.3 S 5130 CONGRESSIONAL RECORD — SENATE April 4, 1995 TABLE 2: MILLIONS OF STUDENTS ATTEND SCHOOLS RE- In New Orleans, officials told us that most SELECTED RESPONDENT COMMENTS PORTING THEY MEET THE FUNCTIONAL REQUIREMENTS secondary schools lack science laboratories ‘‘Our school district facilities are currently OF SOME KEY EDUCATION REFORM ACTIVITIES NOT that meet current safety needs, such as ade- meeting the needs of our students. We have WELL AT ALL—Continued quate air circulation, ventilation, emergency not been impacted by population growth, shut-offs for gas and electricity, emergency lawsuits, or other major problems that Number eye washes, and showers. would force our resources in other areas. Due percent Number of stu- Selected Respondent Comments.—‘‘These to conservative spending practices by our Activity of of dents af- schools schools fected (in schools, as others over thirty years of age, school board and adequate funding by the millions) while well-maintained, cannot provide the state of Wyoming in the past decade, we type and variety of instructional space nec- have adequate carryover to provide needs Storage of student assessment mate- rials ...... 31.3 24,000 12.9 essary for the education programs of the 21st without asking for state assistance or a bond Display student assessment materials 27.6 21,200 11.1 century without major renovations.’’ issue.’’ Library/media center ...... 13.4 10,400 4.2 ‘‘The buildings were built for twenty-five ‘‘Building design in the 1950s and 60s did Small-group instruction ...... 9.5 7,300 3.7 Support activities: students per class with no extra rooms, no not include air-conditioning or even windows Day care ...... 77.5 55,900 29.0 small and/or large group areas, and no that opened for schools, thus much renova- Before/after school care ...... 58.8 43,100 22.4 Social/health care services ...... 27.0 20,900 10.5 planned storage space. Consequently, the fa- tion is needed in our district.’’ Private areas for counseling and test- cilities are certainly not conducive to new or ‘‘The middle school is depressing when you ing ...... 25.7 19,900 10.1 different class size configurations or lesson walk into it. We are having to use gym dress- Parent support activities ...... 23.5 18,200 9.7 Teacher planning ...... 13.1 10,200 5.1 delivery formats.’’ ing rooms as regular classrooms.’’ Most Schools Report Most Environmental ‘‘The appearance and condition of school Note: Survey respondents rated the ability of their school facilities to buildings is an important factor in positively meet the functional requirements of key education reform activities on the Conditions Satisfactory, but Problems Re- following scale: very well, moderately well, somewhat well, and not well at main.—Overall, most school officials re- influencing urban students. The continued all. ported satisfaction with most environmental neglect of the public school infrastructure at Only seven states—District of Columbia, factors associated with learning.16 (See table both state and federal levels continues to Georgia, Indiana, New Jersey, New Mexico, 3.) However, 22 millions students are in 53.9 subject our students and staff to conditions Pennsylvania, and Texas—had 20 percent or percent of the schools that reported that which do not ensure their welfare and safe- more of their schools meeting at least some- their instructional space flexibility was un- ty.’’ what well the functional requirements for satisfactory. Rates of unsatisfactory envi- BEST AND WORST SCHOOLS SOMETIMES FOUND IN some educational reform and improvement ronmental conditions tend to be higher in SAME DISTRICT activities. While 40 states reported that 50 schools where over 40 percent of the students Although some children have access to fa- percent or more of their schools had three or are approved to receive free or reduced cilities that can support education in the more specified requirements that they met lunch, where over 50 percent of the students 21st century, many do not. Schools differ not well at all, 5 states—Arkansas, Califor- are minority students, in schools in the dramatically, even in the same district. Our nia, Maine, Ohio, and Rhode Island—reported West. (See app. V.) site visits revealed that the ability of school 70 percent or more of their schools in this facilities to support education reform ranges condition. (For more detail, see tables IV.1 TABLE 3: MILLIONS OF STUDENTS ATTEND SCHOOLS RE- widely. Because of the need to ease over- and IV.2 in app. IV.) PORTING UNSATISFACTORY ENVIRONMENTAL CONDI- crowding in some areas, schools are con- Nationwide, 42 percent of schools reported TIONS stantly being built, even in impoverished that their buildings met the functional re- cities. These new schools are generally quirements of laboratory science not well at Number of equipped to implement education reform and all, affecting 14.6 million students. Forty- Percent of Number of students af- improvement activities. However, with con- three states reported that one-third or more Environmental factor schools schools fected (in millions) struction of new facilities taking priority of their schools met functional requirements over maintaining and renovating current for laboratory science not well at all. Eight Acoustics for noise control ...... 28.1 21,900 11.0 buildings, gross inequalities may result in states—Alaska, California, Delaware, Maine, Ventilation ...... 27.1 21,100 11.6 the same school district. For example, in Po- Nevada, Ohio, Oregon, and Washington—re- Physical security of buildings ... 24.2 18,900 10.6 mona, California, officials told us that to be ported that 50 percent or more of their Heating ...... 19.2 15,000 7.9 ready for education in the 21st century, Po- schools were in this condition. (For more de- Indoor air quality ...... 19.2 15,000 8.4 mona’s older schools need additional wiring tail, see table IV.3 in app. IV.) Lighting ...... 15.6 12,200 6.7 and outlets to use new technology and facili- Nearly four out of five schools nationwide Air-conditioning is no longer a luxury for ties for large-group instruction, storage of reported that they could not meet at all well schools if they want to effectively operate in student assessment materials, social and the functional requirements of day care. (See health services, teachers’ planning areas, fig. 3.) Forty-five states reported that two- hot weather or use computers. Moreover, in and the like. In contrast, the newest school thirds or more of their schools were in this recent years, researchers have pointed to a has a satellite dish, an electrical system condition. (For more detail, see table IV.3 in relationship—although inconclusive—be- built to handle anticipated technology, col- app. IV.) tween certain environmental conditions and 17 lapsible walls that facilitate team teaching Nationwide, about three out of five schools student learning. In particular, air-condi- or small-group instruction, enormous reported that they met the functional re- tioning has been cited as affecting learning. amounts of storage space, and large amounts quirements of before- and after-school care Of those schools noting that they had air- of space for a variety of services and activi- not well at all. Forty-eight states reported conditioning, 15.4 percent (6,000 schools) re- ties. that one-third or more of their schools were ported unsatisfactory air-conditioning, af- in this condition. fecting about 4.2 million students. CONCLUSIONS About two out of five schools nationwide The majority of schools reported that they Many education reformers say that holding reported that they met the functional re- were satisfied with their air-conditioning, al- students to nationwide standards is unfair if quirements of large-group instruction not though only half of the schools responding to they have not had an equal—or roughly well at all, a condition affecting 14.3 million our survey reported that they had air-condi- equal—opportunity to learn. If schools can- students. Thirty states reported that one- tioning in classrooms. The geographic pat- not provide students with sufficient techno- third or more of their schools were in this terns of air-conditioning in classrooms gen- logical support or facilities for instruction condition. Four states—Alaska, California, erally follow climate patterns. (For more de- and services, they may not be providing even Kansas, and Nebraska—reported over half tail, see fig. V.1 in app. V.) Three-quarters of a roughly equal opportunity for all students their schools in this condition. (For more de- schools reported that they had air-condi- to learn. This is particularly true in central tail, see table IV.1 in app. IV.) tioning in their administrative areas. Only cities and in schools that serve high percent- These problems were also demonstrated on three states—New York, Oregon, and Rhode ages of minority and poor students. our site visits: Island—indicated that over a third of their Far from the high-tech world of interactive Officials in Chicago told us that only one- schools had unsatisfactory air-conditioning media and virtual reality, many of our fourth of Chicago’s schools have properly in their classrooms. schools are wired for no more than filmstrip equipped science laboratories, with water, We found examples of problems caused by projectors. As one respondent commented, power, gas, vacuum, and appropriate mecha- unsatisfactory air-conditioning in our site ‘‘We need technology in the schools and nisms for air and waste removal. visits. In New Orleans, nearly half of the teachers who can use the equipment. The At the high school in Raymond, Washing- schools have no air-conditioning, despite the percentage of teachers who can use comput- ton, officials said that they need flexible average relative humidity in the morning of ers is abysmally low, yet computers only space for large- and small-group instruction. 87 percent. Faced with a similar situation in scratch the surface of technology that Science classes have outdated equipment, Richmond, Virginia, school officials told us should be available to all students, not just and reading areas in the media center are that students with asthma get sick from the those who live in affluent areas. Interactive noisy and poorly lighted. Officials also say heat; schools close early in the hot fall and TV and telecommunications is a must in all they desperately need a day care center to spring months, decreasing instructional schools, yet the cost of this technology re- keep young women with babies in school. time. mains prohibitively high for most small April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5131

schools. For those schools who can afford it, Eddie L. King,b Auditor, Inspector General, Percent of schools— the cost of training teachers to use it drives U.S. Department of Education. the costs up further.’’ Andrew Lemer,a President, Matrix Group, Very Environmental factor Very Satis- Unsat- unsat- In short, most of America’s schools do not Inc. satis- isfac- factory factory tory isfac- yet have key technologies or the facilities William H. McAfee III,b Facilities Man- tory required to support learning into the 21st ager, Division of Facilities Management, Lighting (N=78,158) ...... 22.2 62.2 13.2 2.4 century. They cannot provide key facilities District of Columbia Public Schools. Heating (N=77,999) ...... 18.1 62.7 14.8 4.4 requirements and environmental conditions Roger Scott,b, c Program Director, South- Ventilation (N=77,929) ...... 14.6 58.3 20.9 6.2 for education reform and improvement. In west Regional Laboratory. Indoor air quality (N=77,958) ...... 14.3 66.5 15.0 4.2 Acoustics for noise control (N=78,030) 10.4 61.5 22.7 5.4 particular, older, unrenovated schools need Richard L. Siegel,a (Former) Director of Flexibility of instructional space (e.g., infrastructure renovation to support tech- Facilities Services, Smithsonian Institution. expandability, convertability, adapt- nology. These renovations include fun- Linda Tsantis,c Executive Vice President, ability) (N=77,472) ...... 7.0 39.0 36.6 17.3 Energy efficiency 1 (N=77,725) ...... 9.9 48.9 30.4 10.8 damental changes to building structure, wir- America Tomorrow, Inc. Physical security of buildings ing and electrical capacity, air-conditioning Lisa J. Walker,a Executive Director, Edu- (N=77,883) ...... 13.8 62.0 17.7 6.6 and ventilation, and security. cation Writers Association. 1 This environmental factor will be discussed in detail in a future report. Tony J. Wall,b, c Executive Director/CEO, AGENCY COMMENTS The Council of Educational Facilities Plan- 21. Does this school have air conditioning We spoke with officials at the Department ners International. in classrooms, administrative offices, and/or of Education who reviewed a draft of our re- William M. Wilder,b Director, Department other areas? Circle ALL that apply. (N=79,454) port and incorporated their comments as ap- of Facilities Management, Board of Edu- Percent of Schools propriate. We did not ask for formal agency cation of Montgomery County (Maryland). Yes, in classrooms ...... 51.2 comments since this report does not review APPENDIX II—RELEVANT SURVEY ITEMS WITH any department programs. Yes, in administrative offices ...... 72.8 OVERALL PERCENT RESPONSE We are sending copies of this report to ap- Yes, in other areas ...... 50.7 propriate House and Senate committees and 17. Do this school’s on-site buildings have No, no air conditioning in this school other interested parties. Please call Eleanor sufficient capability in each of the commu- at all ...... 21.2 L. Johnson if you or your staff have any nications technology elements listed below GO TO QUESTION 23 questions. Major contributors to this report to meet the functional requirements of mod- are listed in appendix VIII. ern educational technology? Circle one for 22. How satisfactory or unsatisfactory is LINDA G. MORRA, EACH element listed. the air conditioning in classrooms, adminis- Director, Education and Employment Issues. trative offices, and/or other areas? Circle one for EACH CATEGORY listed. APPENDIX I—PROJECT ADVISERS The following individuals advised this re- Percent of schools— Percent of schools port either by (a) serving on our expert panel Mod- Some- Air conditioning in Very un- on January 31, 1994; (b) helping with the de- Technology elements Very erately what Not Very sat- Satisfac- Unsatis- suffi- suffi- isfactory tory factory satisfac- velopment of our questionnaire; or (c) re- suffi- suffi- tory cient cient cient cient viewing a draft report. Classrooms (N=39,717) .... 23.6 61.0 12.4 3.0 Allen C. Abend,a, b, c Chief, School Facilities Computers for instructional use Administrative Offices Branch, Maryland State Department of Edu- (N=77,400) ...... 11.1 30.6 33.1 25.2 (N=56,806) ...... 22.4 64.4 11.3 1.9 Computer printers for instructional use Other areas (N=38,657) ... 22.9 62.3 11.6 3.1 cation. (N=77,412) ...... 9.7 27.9 33.1 29.3 Phillip T. Chen,b, Construction Technician, Computer networks for instructional 7. What was the total amount of this most Division of Construction, Department of Fa- use (N=77,350) ...... 8.8 18.3 21.2 51.8 recently passed bond issue? cilities Management, Board of Education of Modems (N=76,951) ...... 4.9 14.0 23.6 57.7 Telephone lines for modems Mean=$6,556,000.00. Montgomery County (Maryland). (N=76,986) ...... 6.9 13.7 23.9 55.5 8. How much money did this most recently Greg Coleman,a, b Capital Asset Manage- Telephones in instructional areas (N=76,827) ...... 7.5 12.6 18.8 61.2 passed bond issue provide for the items listed ment Administrator, Office of Infrastructure Television sets (N=77,211) ...... 19.8 33.7 30.7 15.9 below? Enter zero if none. Support Services, U.S. Department of En- Laser disk players/VCRs (N=76,819) .... 7.7 25.4 33.5 33.5 ergy. Cable television (N=76,459) ...... 20.1 25.9 22.3 31.7 Amount provided a Conduits/raceways for computer/com- Items per school (mean) Laurel Cornish, Director of Facilities, puter network cables (N=76,987) ..... 7.4 11.9 20.1 60.6 U.S. Department of Education, Impact Aid, Fiber optic cable (N=76,015) ...... 3.5 4.3 5.5 86.8 Construction of new School Facilities Branch. Electrical wiring for computers/commu- schools ...... $3,706,700 b nications tecyhnology (N=77,437) .... 7.8 17.7 28.4 46.1 (Mr.) Vivian A. D’Souza, Acting Director, Electrical power for computers/commu- Repair/renovation/mod- Division of Maintenance, Department of Fa- nications technology (N=77,414) ...... 12.4 24.3 28.7 34.6 ernization of existing cilities Management, Board of Education of schools ...... 2,733,000 Montgomery County (Maryland). 18. How many computers for instructional Asbestos removal ...... 109,900 Kenneth J. Ducote,b, c Director, Depart- use does this school have? Include computers ment of Facility Planning, New Orleans Pub- at both on-site buildings and off-site instruc- Removal of Underground lic Schools. tional facilities. Storage Tank (USTs) ...... 13,700 Robert Feild,a Director, Committee on Ar- lll computers for instructional use: Removal of other environ- chitecture for Education, American Institute Range 0–1800; Mean 50.7; Median 37.0. mental conditions ...... 16,700 of Architects. 19. How well do this school’s on-site build- Purchase of computers ...... 155,600 William Fowler,a, b, c Education Statisti- ings meet the functional requirements of the cian, U.S. Department of Education, Na- activities listed below? Circle one for EACH Purchase of telecommuni- tional Center for Education Statistics. activity listed. cations equipment ...... 381,100 Lawrence Friedman, b, c Associate Director, Access for students with regional Policy Information Center, North Percent of schools— disabilities ...... 98,300 Central Regional Educational Laboratory. Activity Mod- Some- Not b Very APPENDIX III—DATA—TECHNOLOGY ELEMENTS Thomas E. Glass, Professor, Department well erately what well at of Leadership and Educational Policy Stud- well well all TABLE III.1: MAJORITY OF STATES REPORT THAT AT LEAST ies, Northern Illinois University. Small group instruction (N=77,606) ..... 32.4 37.5 20.7 9.5 Terence C. Golden,a Chairman, Bailey Re- Large group (50 or more students) in- 50 PERCENT OF SCHOOLS HAVE SIX OR MORE INSUFFI- alty. struction (N=77,178) ...... 10.7 24.4 26.7 38.2 CIENT TECHNOLOGY ELEMENTS Storage of alternative student assess- Thomas Grooms,a Program Manager, Fed- ment materials (N=77,058) ...... 7.8 24.2 36.7 31.3 eral Design Office, National Endownment for Display of alternative student assess- Percent of schools with six or more insufficient States the Arts. ment materials (N=76,797) ...... 7.9 26.6 37.9 27.6 Parent support activities, such as tu- technology factors Shirley J. Hansen,a President, Hansen As- toring, planning, making materials, sociates. etc. (N=77,496) ...... 12.3 29.7 34.5 23.5 20–29 ...... Nevada, South Dakota. 30–39 ...... Arkansas, Iowa, Kentucky, Minnesota, North Da- Alton C. Hlavin,b Assistant Superintendent Social/Health Care Services (N=77,456) 10.8 30.1 32.1 27.0 Teachers’ planning (N=77,397) ...... 20.6 37.4 28.9 13.1 kota, Pennsylvania, Texas, Wyoming. for Facilities Services, Fairfax County Pub- Private areas for student counseling 40–49 ...... Arizona, Colorado, Georgia, Indiana, Kansas, Mis- lic Schools, Fairfax County, Virginia. and testing (N=77,530) ...... 14.6 28.4 31.3 25.7 sissippi, Montana, Nebraska, New Jersey, West Virginia, Wisconsin. Bruce Hunter,b Executive Director, Amer- Laboratory science (N=76,344) ...... 11.2 21.4 25.4 42.0 Library/Media Center (N=77,701) ...... 24.9 35.3 26.5 13.4 50–59 ...... Alaska, Connecticut, District of Columbia, Florida, ican Association of School Administrators. Day care (N=72,083) ...... 4.3 7.9 10.3 77.5 Louisiana, Maryland, Missouri, New York, Okla- Daniel Kasprzyk,b Education Statistician, Before/after school care (N=73,335) .... 6.8 15.3 19.2 58.8 homa, South Carolina, Tennessee, Utah, Ver- mont, Virginia. U.S. Department of Education, National Cen- 60–69 ...... Alabama, California, Idaho, Illinois, Massachu- ter for Educational Statistics. 20. How satisfactory or unsatisfactory is setts, Maine, Michigan, North Carolina, New Steven F. Kaufman,b Education Statisti- each of the following environmental factors Hampshire, Oregon, Rhode Island, Washington. 70–79 ...... Delaware, Hawaii, New Mexico, Ohio. cian, U.S. Department of Education, Na- in this school’s on-site buildings? Circle one tional Center for Education Statistics. for EACH factor listed. Note.—Sampling errors range +7.1–13.5 percent. S 5132 CONGRESSIONAL RECORD — SENATE April 4, 1995 TABLE III.2: PERCENT OF SCHOOLS REPORTING INSUFFICIENT TECHNOLOGY ELEMENTS—DATA, VOICE, SYSTEMS INFRASTRUCTURE—BY STATE

Phone lines State Computers Printers Networks Modems Phone lines instructional for modems area

Alabama ...... 32.1 36.3 58.6 61.7 55.4 64.1 Alaska ...... 35.5 36.2 56.4 56.9 53.8 60.9 Arizona ...... 15.8 18.3 46.4 60.8 58.1 61.8 Arkansas ...... 9.5 17.5 36.7 63.7 56.4 59.3 California ...... 37.1 39.7 69.8 70.5 68.1 64.8 Colorado ...... a20.9 a23.9 a37.0 61.6 56.8 45.3 Connecticut ...... a26.5 a29.9 a63.6 a55.4 a51.9 a52.7 Delaware ...... b44.5 b52.7 b65.7 a83.0 a82.9 a82.4 District of Columbia ...... a22.0 a31.4 a37.1 b49.5 b52.7 b52.6 Florida ...... 28.6 28.9 66.4 65.0 63.2 62.3 Georgia ...... 11.6 13.7 33.9 48.0 53.0 71.7 Hawaii ...... 39.0 a44.7 72.0 75.7 79.5 74.7 Idaho ...... 25.3 31.6 55.9 63.9 58.8 72.1 Illinois ...... 30.2 39.0 57.7 65.7 63.4 64.2 Indiana ...... 16.5 18.3 42.1 50.7 55.0 58.2 Iowa ...... 15.3 16.5 43.5 48.5 43.8 55.4 Kansas ...... 22.9 27.7 44.0 47.3 44.4 61.7 Kentucky ...... 13.1 19.8 35.5 57.2 55.7 67.2 Louisiana ...... 31.6 38.6 62.5 59.5 65.5 78.7 Maine ...... a31.0 a31.8 a62.9 a69.6 a63.8 a69.4 Maryland ...... 29.1 30.4 44.1 62.3 66.7 87.0 Massachusetts ...... a32.5 a43.1 70.4 71.1 66.9 71.9 Michigan ...... 36.9 38.8 63.3 64.1 58.1 63.4 Minnesota ...... 22.5 21.7 41.5 42.7 41.0 41.4 Mississippi ...... 16.9 20.3 37.6 53.8 55.8 62.7 Missouri ...... 23.3 32.8 52.4 60.5 59.1 65.4 Montana ...... 17.1 19.0 47.5 46.8 37.5 53.2 Nebraska ...... 11.2 10.1 a43.3 a55.5 a45.7 a44.4 Nevada ...... 14.4 15.9 26.9 28.2 26.2 27.1 New Hampshire ...... a44.0 a42.9 a65.6 68.4 a58.6 a66.4 New Jersey ...... 20.0 24.5 a41.8 a38.1 33.5 62.9 New Mexico ...... 36.3 44.9 69.6 79.0 58.5 57.3 New York ...... 20.2 24.2 44.0 48.9 55.3 57.9 North Carolina ...... 30.1 33.3 51.1 62.2 62.6 73.8 North Dakota ...... 17.3 19.8 36.7 40.2 36.5 46.9 Ohio ...... 38.2 50.7 71.8 74.0 70.5 76.2 Oklahoma ...... 22.9 33.0 50.8 63.4 57.7 60.0 Oregon ...... 38.2 41.8 66.2 59.8 65.1 65.6 Pennsylvania ...... 18.2 19.4 a50.2 a54.7 a44.2 a48.7 Rhode Island ...... a37.1 a42.7 a49.3 a67.3 a52.1 67.3 South Carolina ...... 33.0 35.1 56.1 55.2 50.3 61.5 South Dakota ...... 9.8 9.9 37.0 37.0 35.4 42.0 Tennessee ...... 20.4 22.8 48.0 62.7 65.6 68.6 Texas ...... 12.8 15.6 31.3 38.9 38.4 44.0 Utah ...... 6.9 7.9 28.7 54.4 71.0 77.5 Vermont ...... b32.7 b31.7 a65.7 b55.9 b61.4 b56.1 Virginia ...... 31.3 37.7 56.5 54.1 52.9 56.0 Washington ...... 32.0 39.8 60.5 61.8 61.1 66.3 West Virginia ...... 16.5 17.2 32.3 56.8 51.5 71.8 Wisconsin ...... 22.4 24.5 44.6 45.4 46.4 58.9 Wyoming ...... 9.8 13.2 32.7 a41.4 33.8 44.5 Note.—Sampling errors are less than ± 11 percent unless otherwise noted. Responses marked with a superscript ‘‘a’’ have sampling errors equal to or greater than 11 percent but less than 13 percent. Responses marked with a super- script ‘‘b’’ have sampling errors equal to or greater than 13 percent but less than 16 percent. Sampling errors may be high for state tables because they are not adjusted for finite population correction.

TABLE III.3: PERCENT OF SCHOOLS REPORTING INSUFFICIENT TECHNOLOGY ELEMENTS—VIDEO AND BUILDING INFRASTRUCTURE—BY STATE

Laser disk State Television player/VCR Cable TV Conduits Cable Wiring Power

Alabama ...... 15.0 34.6 33.3 61.9 74.8 44.1 33.9 Alaska ...... 35.3 46.3 55.6 67.4 90.9 52.1 44.7 Arizona ...... 16.8 23.1 30.4 56.0 83.5 36.3 27.6 Arkansas ...... 6.6 21.6 12.6 43.1 85.1 34.1 19.8 California ...... 21.0 41.2 49.9 79.7 92.8 69.1 55.6 Colorado ...... 16.9 a 29.7 28.8 a 49.7 88.2 a 38.5 a 32.7 Connecticut ...... 25.1 a 35.0 a 42.4 a 62.9 91.3 a 55.1 a 41.2 Delaware ...... b 32.8 b 60.9 b 45.4 a 76.9 93.3 b 69.5 b 48.8 District of Columbia ...... a 21,6 a 31.4 a 25.6 b 50.0 b 58.0 b 45.8 b 41.4 Florida ...... 8.6 28.9 19.7 67.6 88.0 64.3 41.9 Georgia ...... 14.8 28.8 12.9 57.8 87.1 44.0 38.3 Hawaii ...... 4.7 29.8 18.8 82.1 89.7 75.1 61.4 Idaho ...... 23.0 44.5 42.7 72.3 91.0 51.2 36.8 Illinois ...... 23.3 43.7 43.4 68.8 87.0 52.6 41.1 Indiana ...... 12.9 24.0 27.1 52.3 82.9 43.1 32.0 Iowa ...... 4.5 21.0 13.2 49.9 84.9 31.3 15.4 Kansas ...... 17.9 34.9 31.2 57.3 89.0 40.7 33.6 Kentucky ...... 3.2 23.2 8.0 49.8 75.2 35.8 25.1 Louisiana ...... 18.4 40.4 42.7 61.6 87.7 47.2 38.6 Maine ...... 19.7 a 43.7 a 46.2 72.6 94.0 a 46.7 a 35.0 Maryland ...... 36.2 52.1 38.5 61.9 91.8 46.8 36.0 Massachusetts ...... a 34.9 a 48.0 a 44.2 73.9 88.1 60.8 a 49.4 Michigan ...... 27.1 42.1 27.1 68.7 85.6 51.0 38.3 Minnesota ...... 17.3 31.6 27.4 48.9 72.3 7.4 25.2 Mississippi ...... 4.9 36.7 32.5 55.6 85.0 26.6 19.9 Missouri ...... 6.6 26.0 17.3 53.2 87.9 33.7 26.0 Montana ...... 14.6 25.4 42.0 62.1 81.7 38.8 24.9 Nebraska ...... 1.7 12.5 a 31.0 62.4 83.3 33.1 21.2 Nevada ...... 4.1 13.9 14.8 43.6 78.2 28.4 25.1 New Hampshire ...... a 27.4 a 43.7 a 26.8 69.4 88.8 a 57.7 a 35.8 New Jersey ...... 11.2 24.9 32.5 a 55.2 85.8 a 41.2 34.2 New Mexico ...... 15.4 54.8 51.6 77.3 87.1 48.5 42.1 New York ...... 24.7 38.1 35.9 55.5 82.3 50.7 34.7 North Carolina ...... 15.2 30.9 24.5 66.0 92.3 55.4 41.8 North Dakota ...... 15.1 30.9 27.5 56.0 69.5 33.8 17.7 Ohio ...... 16.0 44.1 31.3 76.6 95.0 63.0 50.6 Oklahoma ...... 18.8 35.2 32.8 54.6 81.7 41.4 32.3 Oregon ...... 29.9 35.6 23.3 68.0 87.6 56.0 33.7 Pennsylvania ...... 13.9 a 34.7 27.4 a 41.0 86.6 32.2 17.4 Rhode Island ...... 24.4 a 41.0 17.3 74.0 90.8 a 64.2 a 45.0 South Carolina ...... 5.6 25.3 29.8 62.9 87.1 41.1 33.2 South Dakota ...... 7.8 22.4 13.6 43.3 69.7 22.9 14.6 Tennessee ...... 6.9 37.1 27.1 58.0 94.3 38.8 25.4 Texas ...... 8.7 17.0 31.6 46.0 83.0 28.6 22.3 Utah ...... 4.8 22.1 39.4 55.3 93.3 38.8 26.7 Vermont ...... 10.0 b 38.1 b 57.8 a 69.3 95.6 b 48.5 b 26.2 Virginia ...... 4.1 36.7 18.4 57.5 93.5 36.1 29.5 Washington ...... 15.0 41.2 34.9 61.0 86.3 47.0 35.1 West Virginia ...... 4.2 30.8 14.4 49.9 93.2 36.2 18.0 April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5133 TABLE III.3: PERCENT OF SCHOOLS REPORTING INSUFFICIENT TECHNOLOGY ELEMENTS—VIDEO AND BUILDING INFRASTRUCTURE—BY STATE—Continued

Laser disk State Television player/VCR Cable TV Conduits Cable Wiring Power

Wisconsin ...... 11.3 24.2 20.5 52.5 86.3 36.5 33.4 Wyoming ...... 11.6 21.2 b 40.1 b 50.9 83.6 29.6 15.9 Note: Sampling errors are less than ± 11 percent unless otherwise noted. Responses marked with a superscript ‘‘a’’ have sampling errors equal to or greater than 11 percent but less than 13 percent. Responses marked with a super- script ‘‘b’’ have sampling errors equal to or greate than 13 percent but less than 16 percent. Samplng errors may be high for state tables because they are not adjusted for finite population correction. TABLE III.4: PERCENT OF SCHOOLS REPORTING INSUFFI- TABLE III.7.—PERCENT OF SCHOOLS REPORTING INSUFFI- Table III. 9.—Average number of students per CIENT TECHNOLOGY ELEMENTS BY COMMUNITY TYPE CIENT TECHNOLOGY ELEMENTS BY GEOGRAPHIC RE- computer by State—Continued GION—Continued Students per Urban Rural/ computer Technology element Central fringe/ small city large Technology element North- Mid- South West New York ...... 15.6 town town east west North Carolina ...... 13.4 North Dakota ...... 8.7 Fiber optic cable ...... 90.2 87.8 84.4 Electrical wiring for communications Conduits ...... 66.9 61.9 55.6 technology ...... 47.2 44.9 40.9 55.0 Ohio ...... 25.3 Electric power for communications tech- Phone lines in instructional areas ...... 66.8 60.6 57.8 Okahoma ...... 13.2 Modems ...... 65.0 55.9 53.5 nology ...... 33.5 34.0 30.4 42.6 Networks ...... 60.9 50.6 46.5 Laser disk player/VCRs ...... 36.7 33.5 29.7 36.7 Oregon ...... 15.5 Phone lines for modems ...... 61.3 55.3 51.8 Printers ...... 27.6 31.4 25.6 33.6 Pennsylvania ...... 14.8 Electrical wiring for communications Cable TV ...... 35.4 28.3 26.4 41.3 technology ...... 54.8 46.7 40.1 Computers ...... 23.7 26.2 21.7 30.1 Rhode Island ...... 21.6 Electric power for communications TVs ...... 21.0 15.7 11.3 18.9 South Carolina ...... 12.4 Six or more unsatisfactory technology technology ...... 42.9 36.9 27.8 South Dakota ...... 9.0 Laser disk player/VCRs ...... 38.7 32.2 30.9 elements ...... 50.8 52.3 47.1 59.9 Tennessee ...... 18.7 Printers ...... 38.1 26.7 25.2 Note.—Sampling errors range ± 1.6–4.6 percent. Cable TV ...... 33.0 32.8 30.0 Texas ...... 11.4 Computers ...... 31.7 24.5 21.2 Utah ...... 11.7 TVs ...... 18.6 17.1 13.3 TABLE III.8.—PERCENT OF SCHOOLS REPORTING INSUFFI- Vermont ...... 16.9 Six or more unsatisfactory technology CIENT TECHNOLOGY ELEMENTS BY PROPORTION OF elements ...... 60.0 52.0 46.5 Virginia ...... 12.7 STUDENTS APPROVED FOR FREE OR REDUCED LUNCH Note: Sampling errors range ± 1.7–3.5 percent. Washington ...... 13.7 Percent of students approved for West Virginia ...... 12.9 TABLE III.5: PERCENT OF SCHOOLS REPORTING INSUFFI- free or reduced lunch Wisconsin ...... 10.7 Wyoming ...... 7.0 CIENT TECHNOLOGY ELEMENTS BY LEVEL OF SCHOOL Technology element 20 to 40 to Less Note.—Sample errors range ±1.1–4.9 percent, except than less less 70 or Technology element Elementary Secondary Combined than than more Vermont, which was 8 percent. 20 40 70 Fiber optic cable ...... 88.3 82.9 84.7 APPENDIX IV—DATA—FACILITIES REQUIRE- Conduits ...... 63.3 53.1 60.6 Fiber optic cable ...... 86.9 86.3 87.9 88.9 MENTS FOR KEY EDUCATION REFORM AND IM- Phone lines in instructional Conduits ...... 59.2 60.4 64.1 62.2 PROVEMENT ACTIVITIES areas ...... 64.4 53.2 52.8 Phone lines in instructional areas ... 57.9 59.9 64.3 68.2 Modems ...... 60.9 48.4 54.1 Modems ...... 52.1 56.1 62.4 61.9 Networks ...... 54.8 42.9 53.6 Networks ...... 48.0 50.1 56.3 54.3 TABLE IV.1: PERCENT OF SCHOOLS REPORTING MEETING Phone lines for modems ...... 58.4 47.8 52.3 Phone lines for modems ...... 51.7 56.2 57.4 59.5 Electrical wiring for commu- Electrical wiring for communications ‘‘NOT WELL AT ALL’’ SELECTED FUNCTIONAL REQUIRE- nications technology ...... 48.7 39.2 42.9 technology ...... 45.7 43.5 48.7 47.4 MENTS OF EDUCATION REFORM ACTIVITIES—SMALL- Electric power for communica- Electric power for communications tions technology ...... 36.7 29.1 30.5 technology ...... 32.2 32.0 35.5 38.1 GROUP INSTRUCTION, LARGE-GROUP INSTRUCTION, Laser disk player/VCRs ...... 34.9 30.1 29.7 Laser disk player/VCRs ...... 30.3 30.6 37.8 34.1 STORE AND DISPLAY STUDENT ASSESSMENT MATE- Printers ...... 31.7 23.2 25.9 Printers ...... 23.7 28.4 33.3 30.0 Cable TV ...... 33.7 24.3 42.7 Cable TV ...... 25.5 28.6 31.8 37.8 RIALS—BY STATE Computers ...... 27.0 20.3 22.2 Computers ...... 20.9 23.7 28.0 25.4 TVs ...... 17.3 11.9 14.8 TVs ...... 14.5 12.4 16.2 17.3 Store stu- Display stu- Six or more unsatisfactory tech- Six or more unsatisfactory tech- State Small-group Large-group dent as- dent as- nology elements ...... 55.7 41.5 50.9 nology elements ...... 47.7 49.6 56.0 56.1 instruction instruction sessment sessment materials materials Note: Sampling errors range ± 1.4–4.0 percent. Note.—Sampling errors range ± 1.7–3.9 percent. Alabama ...... 6.0 29.0 33.7 31.8 TABLE III.6: PERCENT OF SCHOOLS REPORTING INSUFFI- Table III. 9.—Average number of students per Alaska ...... 14.5 51.0 47.2 28.6 computer by State Arizona ...... 6.4 35.2 37.2 38.6 CIENT TECHNOLOGY ELEMENTS BY PROPORTION OF MI- Arkansas ...... 5.9 30.3 13.8 12.1 NORITY STUDENTS Students per California ...... 15.2 51.3 47.6 40.4 computer Colorado ...... 4.6 37.7 25.1 23.2 State: Connecticut ...... 5.3 a34.1 26.6 19.3 Percent of minority students in schools Delaware ...... a15.5 b29.7 b33.9 b38.7 Alabama ...... 16.8 District of Co- Technology element Less 5.5 to 20.5 to More Alaska ...... 7.6 lumbia ...... 5.7 a30.3 a31.1 21.0 than 5.5 20.4 50.4 than Arizona ...... 11.9 Florida ...... 5.8 43.4 29.2 28.6 50.5 Georgia ...... 5.6 23.3 21.2 19.7 Arkansas ...... 12.5 Hawaii ...... 2.6 36.1 a39.2 27.7 Fiber optic cable ...... 85.6 86.2 88.2 88.3 California ...... 21.1 Idaho ...... 6.0 29.5 30.5 30.0 Conduits ...... 59.3 56.2 65.5 62.9 Colorado ...... 12.6 Illinois ...... 13.5 46.5 32.7 35.6 Phone lines in instructional Connecticut ...... 14.5 Indiana ...... 10.0 34.6 27.1 23.4 areas ...... 60.7 59.4 60.6 64.9 Iowa ...... 5.8 32.8 20.4 21.4 Modems ...... 55.9 52.7 59.9 63.1 Delaware ...... 17.7 Kansas ...... 6.4 53.1 32.9 33.7 Networks ...... 48.9 49.6 56.2 55.0 District of Columbia ...... 17.2 Kentucky ...... 4.0 30.5 26.2 19.4 Phone lines for modems ...... 54.0 51.2 58.7 59.9 Florida ...... 12.1 Louisiana ...... 7.4 30.8 33.7 27.3 Electrical wiring for commu- Maine ...... 17.0 a43.1 a40,9 a43.0 nications technology ...... 42.3 44.7 46.9 53.5 Georgia ...... 13.4 Maryland ...... 8.3 39.3 40.6 25.8 Electric power for communica- Hawaii ...... 15.6 Massachusetts .. 13.4 a40.5 a33.5 28.3 tions technology ...... 30.3 30.5 36.3 44.8 Idaho ...... 12.7 Michigan ...... 12.6 39.4 38.1 37.5 Laser disk player/VCRs ...... 31.3 29.1 37.6 38.4 Minnesota ...... 6.8 37.6 28.4 26.4 Printers ...... 27.1 28.5 30.3 33.4 Illinois ...... 18.9 Mississippi ...... 2.3 28.3 21.7 22.8 Cable TV ...... 28.2 25.7 33.9 41.4 Indiana ...... 11.1 Missouri ...... 1.9 33.2 22.1 17.0 Computers ...... 23.5 24.9 25.6 28.0 Iowa ...... 10.9 Montana ...... 3.4 45.1 28.9 29.0 TVs ...... 13.1 15.4 14.7 22.3 Kansas ...... 9.9 Nebraska ...... 5.9 60.4 22.2 18.8 Six or more unsatisfactory Nevada ...... 0.3 26.7 14.2 19.7 technology elements ...... 48.7 50.0 54.4 57.4 Kentucky ...... 10.2 New Hampshire . 13.6 a49.3 a44.1 a33.5 New Jersey ...... 16.4 28.5 28.9 20.5 ± Louisiana ...... 20.6 Note: Sampling errors range 1.8–4.0 percent. Maine ...... 16.9 New Mexico ...... 3.7 27.8 27.1 23.6 Maryland ...... 14.9 New York ...... 17.9 45.1 38.0 29.1 TABLE III.7.—PERCENT OF SCHOOLS REPORTING INSUFFI- North Carolina .. 5.6 26.9 27.9 26.6 Massachusetts ...... 15.6 North Dakota ..... 3.5 37.0 16.0 23.2 CIENT TECHNOLOGY ELEMENTS BY GEOGRAPHIC RE- Michigan ...... 19.9 Ohio ...... 17.6 42.7 43.1 33.0 GION Oklahoma ...... 1.6 34.6 21.6 25.2 Minnesota ...... 10.2 Oregon ...... 3.2 44.9 29.3 29.5 Mississippi ...... 14.5 Pennsylvania ..... 9.1 29.9 24.5 19.0 North- Mid- Missouri ...... 15.2 Rhode Island ..... 11.3 a42.9 a37.7 a30.0 Technology element east west South West Montana ...... 7.9 South Carolina .. 7.2 33.3 29.7 18.9 South Dakota .... 9.1 29.2 26.5 20.4 Fiber optic cable ...... 86.5 85.7 86.1 89.4 Nebraska ...... 10.3 Tennessee ...... 7.5 24.9 19.4 22.3 Conduits ...... 57.2 61.5 56.0 69.0 Nevada ...... 21.4 Texas ...... 1.5 32.1 19.0 17.4 Phone lines in instructional areas ...... 59.2 60.9 62.0 61.9 New Hampshire ...... 20.8 Utah ...... 13.9 35.3 35.2 30.9 Modems ...... 53.9 57.8 54.9 63.9 Vermont ...... 9.5 b41.3 b37.3 b32.6 Networks ...... 52.0 53.3 45.6 59.0 New Jersey ...... 13.5 Virginia ...... 10.0 31.9 38.3 35.8 Phone lines for modems ...... 51.0 55.1 54.2 61.6 New Mexico ...... 10.8 Washington ...... 13.9 47.1 40.7 35.7 S 5134 CONGRESSIONAL RECORD — SENATE April 4, 1995 TABLE IV.1: PERCENT OF SCHOOLS REPORTING MEETING TABLE IV.3: PERCENT OF SCHOOLS REPORTING MEETING TABLE IV.5: PERCENT OF SCHOOLS REPORTING MEETING ‘‘NOT WELL AT ALL’’ SELECTED FUNCTIONAL REQUIRE- ‘‘NOT WELL AT ALL’’ SELECTED FUNCTIONAL REQUIRE- ‘‘NOT WELL AT ALL’’ SELECTED FUNCTIONAL REQUIRE- MENTS OF EDUCATION REFORM ACTIVITIES—SMALL- MENTS OF EDUCATION REFORM ACTIVITIES—LABORA- MENTS OF EDUCATION REFORM ACTIVITIES BY LEVEL GROUP INSTRUCTION, LARGE-GROUP INSTRUCTION, TORY SCIENCE, LIBRARY/MEDIA CENTER, DAY CARE, OF SCHOOL—Continued STORE AND DISPLAY STUDENT ASSESSMENT MATE- BEFORE/AFTER SCHOOL CARE—BY STATE—Continued RIALS—BY STATE—Continued Activity Elementary Secondary Combined Library/ State Laboratory media cen- Day care Before/after Parent support ...... 22.7 24.8 29.8 Store stu- Display stu- science ter school care Social/health services ...... 27.2 26.5 27.2 State Small-group Large-group dent as- dent as- Teacher planning ...... 14.0 10.5 13.8 instruction instruction sessment sessment Private areas for counseling/ materials materials Alaska ...... 61.7 31.1 89.1 63.2 Arizona ...... 44.1 12.3 72.3 50.1 testing ...... 28.5 18.1 24.2 Arkansas ...... 26.5 1.3 87.2 74.1 Laboratory science ...... 51.6 15.3 42.3 West Virginia .... 19.0 49.7 40.3 38.7 California ...... 58.2 19.4 75.7 63.5 Library/media center ...... 13.3 11.5 27.7 Wisconsin ...... 14.6 32.1 24.1 18.3 Colorado ...... 36.6 4.8 b 64.8 a 45.3 Day care ...... 76.3 81.3 76.6 a Wyoming ...... 0.7 35.3 11.6 8.0 Connecticut ...... a 43.8 13.3 a 73.2 53.6 Before/after school care ...... 53.3 73.5 67.2 ± Delaware ...... b 59.3 b 29.1 b 77.0 52.4 Note: Sampling errors are less than 11 percent unless otherwise noted. District of Co- Note: Sampling errors range ±1.4–4.0 percent. Responses marked with a superscript ‘‘a’’ have sampling errors equal to or lumbia ...... a 46.1 12.9 b 46.8 45.9 greater than 11 percent but less than 13 percent. Responses marked with a Florida ...... 43.9 9.3 68.8 43.1 superscript ‘‘b’’ have sampling errors equal to or greater than 13 percent Georgia ...... 38.4 0.2 64.9 43.6 TABLE IV.6: PERCENT OF SCHOOLS REPORTING MEETING but less than 16 percent. Sampling errors may be high for state tables be- Hawaii ...... 48.9 24.6 75.9 23.7 ‘‘NOT WELL AT ALL’’ SELECTED FUNCTIONAL REQUIRE- cause they are not adjusted for finite population correction. Idaho ...... 34.1 13.0 86.2 76.3 Illinois ...... 46.6 18.0 79.2 69.1 MENTS OF EDUCATION REFORM ACTIVITIES BY PRO- TABLE IV.2: PERCENT OF SCHOOLS REPORTING MEETING Indiana ...... 33.3 6.4 70.4 47.7 PORTION OF MINORITY STUDENTS Iowa ...... 28.9 9.2 83.5 64.3 ‘‘NOT WELL AT ALL’’ SELECTED FUNCTIONAL REQUIRE- Kansas ...... 40.4 16.5 87.2 61.2 Kentucky ...... 35.2 6.0 77.8 62.0 Percent minority students MENTS OF EDUCATION REFORM ACTIVITIES—PARENT Louisiana ...... 43.7 13.3 82.5 64.4 SUPPORT, SOCIAL/HEALTH SERVICES, TEACHER PLAN- Maine ...... 58.6 25.4 87.9 87.5 Activity 5.5 to 20.5 to a Less than 50.5 or Maryland ...... 45.0 15.8 57.0 36.9 5.5 less than less than more NING AND PRIVATE AREAS FOR COUNSELING/TEST- Massachusetts .. a 48.8 24.4 78.8 a 62.0 20.4 50.4 ING—BY STATE Michigan ...... 48.6 19.0 76.4 56.5 Minnesota ...... 45.7 12.0 73.6 50.2 Small-group instruction .... 8.9 10.5 9.4 9.7 Mississippi ...... 39.1 4.8 80.5 76.3 Private Large-group instruction .... 38.2 36.8 36.5 41.0 Social/ Missouri ...... 41.9 5.8 72.4 54.3 Store student assessment Parent Teacher areas for Montana ...... 35.1 8.9 91.7 80.4 State support health serv- planning counseling/ materials ...... 30.4 30.7 32.4 32.5 ices Nebraska ...... 35.3 11.2 91.0 73.9 Display student assess- testing Nevada ...... 71.8 11.5 89.9 28.8 a a a ment materials ...... 27.3 25.6 28.4 29.0 New Hampshire . 47.0 20.9 85.9 61.3 Parent support ...... 22.2 20.7 24.8 27.0 Alabama ...... 30.5 41.0 10.4 20.5 New Jersey ...... a 42.9 16.5 79.6 a 53.3 Alaska ...... 32.8 40.7 30.7 41.1 New Mexico ...... 38.5 15.9 66.2 53.6 Social/health services ...... 25.6 24.9 27.8 31.3 Arizona ...... 28.8 25.5 10.9 31.2 New York ...... 46.1 22.4 80.0 52.5 Teacher planning ...... 13.0 12.6 11.4 15.5 Arkansas ...... 11.0 11.7 4.3 8.3 North Carolina .. 38.4 7.2 69.1 33.4 Private areas for counsel- California ...... 39.1 41.4 20.8 46.0 North Dakota ..... 23.7 16.0 80.9 73.0 ing/testing ...... 22.6 25.2 27.3 30.6 Colorado ...... 16.4 25.4 9.6 22.4 Ohio ...... 50.6 16.8 88.9 69.5 Laboratory science ...... 39.3 38.9 42.8 49.1 Connecticut ...... 22.6 9.7 11.3 23.0 Oklahoma ...... 23.9 7.0 72.2 60.5 Library/media center ...... 13.6 11.0 12.7 15.5 Delaware ...... b 31.6 b 34.5 13.7 a 21.0 Oregon ...... 51.5 7.6 75.4 54.0 Day care ...... 80.7 73.2 77.0 77.2 District of Co- Pennsylvania ..... 30.3 7.8 a 66.0 a 56.7 Before/after school care ... 63.2 52.7 57.2 58.4 lumbia ...... 13.6 a 29.6 9.6 a 21.6 Rhode Island ..... a 45.9 a 26.4 a 77.9 a 63.3 Florida ...... 24.0 23.0 15.5 25.6 South Carolina .. 47.5 1.7 83.2 63.5 Note: Sampling errors range ±1.7–4.0 percent. Georgia ...... 17.1 22.4 14.2 12.0 South Dakota .... 29.2 12.0 88.0 77.5 Hawaii ...... 32.6 21.2 19.9 30.9 Tennessee ...... 43.8 7.8 79.2 52.4 Idaho ...... 15.9 28.8 12.0 19.2 Texas ...... 25.1 9.2 73.5 50.3 TABLE IV.7: PERCENT OF SCHOOLS REPORTING MEETING Illinois ...... 23.3 26.4 14.8 37.0 Utah ...... 40.5 24.6 75.0 74.5 ‘‘NOT WELL AT ALL’’ SELECTED FUNCTIONAL REQUIRE- Indiana ...... 17.8 8.9 15.2 23.9 Vermont ...... b 38.8 b 14.2 86.8 b 54.8 Iowa ...... 21.0 19.4 4.9 16.4 Virginia ...... 40.8 13.5 88.4 56.9 MENTS OF EDUCATION REFORM ACTIVITIES BY GEO- Kansas ...... 21.2 24.2 13.4 30.1 Washington ...... 51.5 15.6 75.0 67.2 GRAPHIC REGION Kentucky ...... 22.4 26.8 7.8 20.1 West Virginia .... 43.1 28.4 93.9 81.1 Louisiana ...... 24.9 26.1 12.8 32.3 Wisconsin ...... 35.2 13.4 83.9 71.2 Maine ...... a 34.0 a 34.6 14.1 23.6 Wyoming ...... 30.9 16.4 91.3 59.6 Activity Northeast Midwest South West Maryland ...... 21.5 23.2 15.4 28.3 Massachusetts .. 20.1 23.1 13.4 26.2 Note: Sampling errors are less than ± 11 percent unless otherwise noted. Small-group instruction .... 13.8 10.7 5.5 10.5 Michigan ...... 27.5 44.3 12.6 24.5 Responses marked with a superscript ‘‘a’’ have sampling errors equal to or Large-group instruction .... 37.4 40.7 32.3 44.5 Minnesota ...... 19.4 20.1 17.4 28.9 greater than 11 percent but less than 13 percent. Responses marked with a Store student assessment Mississippi ...... 22.2 29.8 3.3 12.1 superscript ‘‘b’’ have sampling errors equal to or greater than 13 percent materials ...... 32.5 30.9 26.2 38.6 Missouri ...... 10.4 18.9 3.6 9.6 but less than 16 percent. Sampling errors may be high for state tables be- Display student assess- Montana ...... 15.8 30.7 6.1 19.5 cause they are not adjusted for finite population correction. ment materials ...... 25.6 28.3 23.8 33.9 Nebraska ...... 23.7 24.1 13.0 29.9 Parent support ...... 22.1 22.8 20.5 30.1 Nevada ...... 13.6 21.0 1.0 5.7 TABLE IV.4: PERCENT OF SCHOOLS REPORTING MEETING Social/health services ...... 20.8 26.3 25.5 35.3 New Hampshire . a 37.5 a 28.3 a 28.1 a 38.2 Teacher planning ...... 14.0 13.4 10.5 16.1 New Jersey ...... 18.5 17.4 12.2 25.6 ‘‘NOT WELL AT ALL’’ SELECTED FUNCTIONAL REQUIRE- Private areas for counsel- New Mexico ...... 13.0 25.6 9.3 26.2 MENTS OF EDUCATION REFORM ACTIVITIES BY COMMU- ing/testing ...... 25.3 26.8 19.6 34.1 New York ...... 25.3 23.3 16.7 29.8 Laboratory science ...... 42.8 41.9 36.2 50.4 North Carolina .. 17.1 21.4 16.1 24.6 NITY TYPE Library/media center ...... 17.8 14.0 8.7 16.0 North Dekota ..... 20.5 30.9 7.6 15.8 Day care ...... 76.9 80.9 75.7 76.4 Ohio ...... 30.0 31.7 17.2 31.6 Before/after school care ... 57.4 63.2 54.1 60.9 Oklahoma ...... 13.3 29.2 4.6 15.1 Urban Activity Central city fringe/large Rural/small Oregon ...... 30.9 39.8 13.0 18.8 town Note: Sampling errors range ±1.1–4.8 percent. Pennsylvania ..... 14.9 15.1 10.0 15.5 town Rhode Island ..... a 38.6 a 31.9 15.0 a 35.2 South Carolina .. 18.8 30.4 14.3 18.1 Small-group instruction ...... 12.0 9.8 7.6 TABLE IV.8: PERCENT OF SCHOOLS REPORTING MEETING South Dakota .... 19.4 25.8 10.5 17.8 Large-group instruction ...... 38.8 34.8 39.8 Tennessee ...... 18.2 40.8 8.4 22.9 Store student assessment ma- ‘‘NOT WELL AT ALL’’ THE FUNCTIONAL REQUIREMENTS Texas ...... 17.8 17.7 5.2 13.9 terials ...... 29.9 32.2 31.5 OF SELECTED EDUCATION REFORM ACTIVITIES BY PRO- Utah ...... 29.1 25.0 21.5 33.8 Display student assessment Vermont ...... a 22.6 a 33.5 b 21.8 b 33.9 materials ...... 27.1 26.5 28.5 PORTION OF STUDENTS APPROVED FOR FREE OR RE- Virginia ...... 30.6 25.0 18.9 18.6 Parent support ...... 24.2 23.3 23.1 DUCED LUNCH Washington ...... 29.7 39.7 16.5 30.0 Social/health services ...... 27.1 24.4 28.4 West Virginia .... 27.4 47.3 15.5 38.9 Teacher planning ...... 14.7 12.8 12.2 Wisconsin ...... 25.2 23.9 19.9 30.2 Private areas for counseling/ Percent of students approved for free or re- Wyoming ...... 6.8 18.6 1.0 17.7 testing ...... 30.4 25.8 22.6 duced lunch Laboratory science ...... 48.3 43.7 36.9 Activity Note: Sampling errors are less than ± 11 percent unless otherwise noted. Library/media center ...... 13.6 13.9 12.8 20 to 40 to Day care ...... 76.4 70.2 82.4 Less than 70 or Responses marked with a superscript ‘‘a’’ have sampling errors equal to or 20 less than less than more greater than 11 percent but less than 13 percent. Responses marked with a Before/after school care ...... 54.0 51.1 66.2 40 70 superscript ‘‘b’’ have sampling errors equal to or greater than 13 percent ± but less than 16 percent. Sampling errors may be high for state tables be- Note: Sampling errors range 1.3–3.5 percent Small-group instruction .... 9.2 8.8 8.7 10.0 cause they are not adjusted for finite population correction. Large-group instruction .... 32.5 37.3 40.5 41.3 TABLE IV.5: PERCENT OF SCHOOLS REPORTING MEETING Store student assessment materials ...... 29.3 31.0 31.1 34.3 TABLE IV.3: PERCENT OF SCHOOLS REPORTING MEETING ‘‘NOT WELL AT ALL’’ SELECTED FUNCTIONAL REQUIRE- Display student assess- ‘‘NOT WELL AT ALL’’ SELECTED FUNCTIONAL REQUIRE- MENTS OF EDUCATION REFORM ACTIVITIES BY LEVEL ment materials ...... 25.8 25.0 31.3 29.3 Parent support ...... 21.3 23.8 24.6 23.0 MENTS OF EDUCATION REFORM ACTIVITIES—LABORA- OF SCHOOL Social/health services ...... 20.0 26.9 32.0 30.6 TORY SCIENCE, LIBRARY/MEDIA CENTER, DAY CARE, Teacher planning ...... 12.0 12.0 12.7 15.7 Activity Elementary Secondary Combined Private areas for counsel- BEFORE/AFTER SCHOOL CARE—BY STATE ing/testing ...... 21.4 22.9 29.3 31.4 Small-group instruction ...... 10.5 7.0 5.6 Laboratory science ...... 33.0 38.0 48.5 50.3 Laboratory Library/ Before/after Large-group instruction ...... 39.3 33.9 46.9 Library/media center ...... 9.7 10.7 15.2 15.0 State science media cen- Day care school care Store student assessment ma- Day care ...... 70.7 79.7 80.9 79.0 ter terials ...... 31.7 30.3 29.7 Before/after school care ... 54.5 60.6 61.8 59.3 Display student assessment Alabama ...... 41.6 6.1 82.9 62.8 materials ...... 27.1 28.7 28.5 Note: Sampling errors range ± 2.1–3.9 percent. April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5135 APPENDIX V—DATA—ENVIRONMENTAL NEEDS TABLE V.2: PERCENT OF SCHOOLS REPORTING UNSATIS- TABLE V.7—PERCENT OF SCHOOLS REPORTING UNSATIS- FACTORY ENVIRONMENTAL FACTORS—ACOUSTICS, FACTORY ENVIRONMENTAL FACTORS BY PROPORTION TABLE V.1: PERCENT OF SCHOOLS REPORTING UNSATIS- FLEXIBILITY, PHYSICAL SECURITY—BY STATE—Contin- OF STUDENTS APPROVED FOR FREE OR REDUCED FACTORY ENVIRONMENTAL FACTORS—LIGHTING, HEAT- ued LUNCH ING, VENTILATION, INDOOR AIR QUALITY—BY STATE Physical se- Percent of students approved for Ventila- Indoor air State Acoustics Flexibility curity free or reduced lunch State Lighting Heating tion quality Pennsylvania ...... 16.7 a 42.0 12.8 Environmental factor Less 20 to 40 to Alabama ...... 14.7 22.0 26.1 23.2 Rhode Island ...... a 38.6 a 63.7 a 34.7 less less 70 or Alaska ...... 28.1 38.9 51.9 49.9 than South Carolina ...... 22.7 53.8 24.6 20 than than more Arizona ...... 15.7 19.9 29.5 19.6 South Dakota ...... 23.6 38.5 11.2 40 70 Arkansas ...... 7.5 7.9 11.9 10.0 Tennessee ...... 21.5 48.6 27.9 California ...... 31.1 24.7 28.8 21.8 Texas ...... 21.3 43.7 18.3 Lighting ...... 14.3 13.2 15.8 19.1 Colorado ...... a 21.7 a 29.3 a 37.2 24.0 Heating ...... 18.9 15.5 20.6 22.1 Connecticut ...... 9.3 23.8 a 35.3 18.5 Utah ...... 17.8 52.2 16.1 a b b Ventilation ...... 26.1 23.5 28.3 30.6 Delaware ...... 9.1 b 25.6 b 30.3 b 26.4 Vermont ...... 22.9 47.4 22.8 Indoor air quality ...... 15.8 15.9 22.6 22.6 District of Columbia ...... b 40.2 a 31.0 a 33.9 a 31.5 Virginia ...... 24.0 37.5 20.6 Acoustics ...... 24.1 27.0 29.4 32.8 Florida ...... 16.0 17.8 34.6 30.6 Washington ...... 39.7 64.8 34.6 Flexibility ...... 49.0 53.5 59.0 57.4 Georgia ...... 6.9 11.8 12.4 7.7 West Virginia ...... 44.0 68.7 34.4 Physical security ...... 19.4 18.8 25.9 30.0 Hawaii ...... 7.6 6.0 26.2 20.9 Wisconsin ...... 19.7 52.5 18.8 Idaho ...... 13.2 19.8 36.5 25.5 Wyoming ...... 17.7 52.6 21.9 Note.—Sampling errors range ± 2.3–3.8 percent. Illinois ...... 14.2 21.0 29.2 18.6 Indiana ...... 22.8 20.7 28.8 21.2 Note.—Sampling errors are less than ± 11 percent unless otherwise APPENDIX VI—TECHNICAL APPENDIX Iowa ...... 9.5 11.1 24.2 17.1 noted. Responses marked with a superscript ‘‘a’’ have sampling errors equal Kansas ...... 21.5 22.3 35.2 24.1 to or greater than 11 percent but less than 13 percent. Responses marked SCOPE AND METHODOLOGY OVERVIEW Kentucky ...... 14.6 17.7 25.6 19.2 with a superscript ‘‘b’’ have sampling errors equal to or greater than 13 To determine the extent to which Ameri- Louisiana ...... 18.4 17.5 7.2 6.3 percent but less than 16 percent. Sampling errors may be high for state ta- Maine ...... 9.6 19.7 28.7 30.1 bles because they are not adjusted for finite population correction. ca’s 80,000 schools have the physical capacity Maryland ...... 18.0 19.2 28.8 20.5 to support 21st century technology and edu- Massachusetts ...... 19.9 32.8 a 41.9 30.9 Michigan ...... 12.0 16.7 25.3 15.4 TABLE V.3.—PERCENT OF SCHOOLS REPORTING UNSATIS- cation reform for all students, we surveyed a Minnesota ...... 11.9 15.0 35.5 30.1 FACTORY ENVIRONMENTAL FACTORS BY COMMUNITY national sample of public schools and their Mississippi ...... 8.0 10.9 9.4 8.8 associated districts and augumented the sur- Missouri ...... 4.7 10.1 12.8 8.2 TYPE Montana ...... 4.7 9.4 20.8 12.9 veys with visits to selected school districts. Nebraska ...... 7.4 16.9 32.9 21.4 Urban We used various experts to advise us on the Nevada ...... 15.7 21.0 22.6 20.4 Central fringe/ Rural/ design and analysis of this project (See app. New Hampshire ...... 14.0 24.8 a 46.8 a 27.2 Environmental factor small city large I.) New Jersey ...... 11.5 10.5 21.7 8.1 town town New Mexico ...... 20.9 23.9 32.7 22.7 We sent the surveys to a nationally rep- New York ...... 15.8 20.9 36.5 24.1 resentative sample of about 10,000 public North Carolina ...... 17.4 14.0 23.4 17.7 Lighting ...... 20.4 17.3 11.4 North Dakota ...... 10.7 20.1 28.6 24.0 Heating ...... 22.8 19.0 17.0 schools in over 5,000 associated school dis- Ohio ...... 13.9 24.9 33.3 18.6 Ventilation ...... 31.5 28.2 23.6 tricts. For our sample, we used the public Oklahoma ...... 16.2 18.7 20.6 16.8 Indoor air quality ...... 22.5 19.0 17.2 school sample for the Department of Edu- Oregon ...... 25.8 27.4 40.1 27.0 Acoustics for noise control ...... 31.6 26.3 26.8 Pennsylvania ...... 11.0 17.1 23.3 12.4 Flexibility ...... 59.7 50.8 52.0 cation’s 1993–94 Schools and Staffing Survey Rhode Island ...... 25.4 25.8 28.9 a 29.8 Physical security ...... 26.5 22.8 23.5 (SASS), which is a multifaceted, nationally South Carolina ...... 7.2 13.0 18.3 18.8 representative survey sponsored by the Na- South Dakota ...... 9.5 15.1 25.7 19.9 Note.—Sampling errors range ± 1.6–3.5 percent. Tennessee ...... 8.3 17.1 19.2 16.0 tional Center for Educational Statistics Texas ...... 13.0 14.2 16.4 12.3 TABLE V.4.—PERCENT OF SCHOOLS REPORTING UNSATIS- (NCES) and administered by the Bureau of Utah ...... 14.1 21.9 34.1 20.9 the Census. Vermont ...... 10.5 a 22.7 a 32.2 a 25.4 FACTORY ENVIRONMENTAL FACTORS BY LEVEL OF Virginia ...... 14.4 16.6 21.7 19.8 We asked about the physical condition of Washington ...... 24.0 30.4 41.9 32.4 SCHOOL schools and how well schools could meet se- West Virginia ...... 23.9 34.1 46.5 31.3 lected functional requirements of education Wisconsin ...... 9.6 13.9 20.5 13.3 Ele- Wyoming ...... 5.0 11.2 24.1 15.4 Environmental factor menta- Sec- Com- reform, such as having space for small- and ry ondary bined large-group instruction or science labora- Note: Sampling errors are less than ±11 percent unless otherwise noted. Responses marked with a superscript ‘‘a’’ have sampling errors equal to or tories. We also asked officials if their schools Lighting ...... 16.3 13.8 15.0 had sufficient data, voice, and video tech- greater than 11 percent but less than 13 percent. Responses marked with a Heating ...... 18.8 20.6 18.6 superscript ‘‘b’’ have sampling errors equal to or greater than 13 percent nologies and infrastructure to support these but less than 14.3 percent. Sampling errors may be high for state tables Ventilation ...... 26.4 29.2 27.0 because they are not adjusted for finite population correction. Indoor air quality ...... 19.1 19.4 21.8 technologies. A list of the relevant survey Acoustics for noise control ...... 28.3 26.8 32.2 items appears in appendix II.18 Flexibility ...... 54.9 51.5 51.4 We directed the survey to those officials TABLE V.2: PERCENT OF SCHOOLS REPORTING UNSATIS- Physical security ...... 22.9 27.4 28.8 FACTORY ENVIRONMENTAL FACTORS—ACOUSTICS, who are most knowledgeable about facili- Note.—Sampling errors range ± 1.7–3.9 percent. ties—such as facilities directors and other FLEXIBILITY, PHYSICAL SECURITY—BY STATE central office administrators of the districts TABLE V.5.—PERCENT OF SCHOOLS REPORTING UNSATIS- that housed our sampled schools. Our analy- Physical se- State Acoustics Flexibility curity FACTORY ENVIRONMENTAL FACTORS BY PROPORTION ses are based on responses from 78 percent of OF MINORITY STUDENTS the schools sampled and 75 percent of the as- Alabama ...... 32.8 47.6 35.7 sociated districts. Analyses of nonrespondent Alaska ...... 32.4 55.5 27.4 Arizona ...... 26.4 52.6 25.3 Percent of minority students characteristics showed them to be similar to Arkansas ...... 17.5 42.4 21.2 respondents. Findings from the survey have California ...... 34.2 70.4 41.2 Environmental factor Less 5.5 to 20.5 to been statistically adjusted (weighted) to Colorado ...... 21.9 a 46.5 13.3 than less less 50.5 or a a produce estimates that are representative at Connecticut ...... 28.4 48.4 22.3 5.5 than than more Delaware ...... a 19.3 b 48.6 a 22.3 20.4 50.5 national and state levels. All data are self- District of Columbia ...... b 51.8 b 52.4 a 37.3 reported, and we did not independently ver- Florida ...... 28.0 56.6 33.7 Lighting ...... 12.1 14.3 16.0 22.9 Georgia ...... 11.9 36.2 16.8 Heating ...... 17.7 18.1 18.7 23.7 ify their accuracy. Hawaii ...... 37.7 a 54.1 39.7 Ventilation ...... 25.6 25.4 27.4 31.4 In addition, we visited 41 schools in 10 se- Idaho ...... 35.4 53.8 22.5 Indoor air quality ...... 17.5 17.6 20.4 22.9 lected school districts varying in location, Illinois ...... 29.1 55.4 23.6 Acoustics for noise control ...... 27.7 25.1 26.8 32.8 Indiana ...... 33.0 55.4 18.4 Flexibility ...... 50.8 52.3 55.3 60.1 size, and minority composition to augment Iowa ...... 28.2 55.3 24.1 Physical security ...... 21.6 21.3 22.7 33.3 and illustrate our survey results. We also re- Kansas ...... 30.3 56.6 21.9 viewed the literature on education reform, Kentucky ...... 26.4 50.5 21.0 Note.—Sampling errors range ± 1.8–3.9 percent. Louisiana ...... 27.5 53.4 29.6 including the relationship between environ- Maine ...... a 42.6 a 58.4 a 33.3 mental conditions and student learning. We Maryland ...... 19.6 23.1 13.4 TABLE V.6—PERCENT OF SCHOOLS REPORTING conducted our study between January 1994 Massachusetts ...... a 41.3 a 51.2 27.9 Michigan ...... 31.0 47.2 20.2 UNSATIFACTORY ENVIRONMENTAL FACTORS BY and March 1995 in accordance with generally Minnesota ...... 20.7 55.6 27.5 GEOGRAPIC REGION accepted government auditing standards. Mississippi ...... 22.0 41.2 28.2 SCHOOL AND DISTRICT SURVEYS Missouri ...... 22.5 43.2 14.5 North- Mid- Montana ...... 22.9 50.6 18.0 Environmental factor east west South West For our review of the physical condition of Nebraska ...... 26.1 a 46.8 21.3 Nevada ...... 7.6 53.5 13.7 America’s schools, we wanted to determine Lighting ...... 13.8 12.8 13.7 23.8 New Hampshire ...... a 43.8 a 68.8 21.6 physical condition as perceived by the most Heating ...... 20.3 18.2 16.3 24.3 New Jersey ...... 30.3 a 60.6 19.8 knowledgeable school district personnel. To New Mexico ...... 32.1 60.5 24.1 Ventilation ...... 31.4 27.8 20.9 32.3 New York ...... 30.0 64.9 21.2 Indoor air quality ...... 19.9 18.4 16.8 23.5 accomplish this, we mailed school and dis- North Carolina ...... 29.5 59.0 21.8 Acoustics ...... 29.6 29.3 24.4 30.9 trict questionnaires to superintendents of North Dakota ...... 32.8 41.3 18.1 Flexibility ...... 55.7 54.2 47.0 62.8 school districts associated with a nationally Ohio ...... 39.6 70.6 23.5 Physical security ...... 21.1 21.2 23.9 31.4 Oklahoma ...... 27.3 48.8 26.6 representative sample of public schools. We Oregon ...... 31.8 72.2 28.7 Note:—Sampling errors range ± 1.8–4.5 percent. asked the superintendents to have district S 5136 CONGRESSIONAL RECORD — SENATE April 4, 1995

personnel, such as facilities directors who a few state-level estimates may go as high as SITE VISITS were very familiar with school facilities, an- ± 12-15 percent. These are indicated on the To illustrate and augment our survey re- swer the questionnaires. The questionnaires tables in the appendixes. Sampling errors for sults, we conducted site visits in 10 districts: gathered information about (1) the physical district-level estimates are not available. Chicago, Illinois; Grandview, Washington; condition of schools; (2) costs of bringing With the exception of the information on re- Montgomery County, Alabama; New Orleans, schools into good overall condition, which cent bond issues passed by districts, all esti- Louisiana; New York, New York; Pomona, we defined as needing only routine mainte- mates discussed in this report are school- California; Ramona, California; Raymond, nance or minor repairs; and (3) how well level estimates at national or state-levels. Washington; Richmond, Virginia; and Wash- schools could meet the functional require- ington, D.C. Selected to represent key vari- NONSAMPLING ERRORS ments of education programs. For our school ables, they varied in location, size, and eth- sample, we used the sample for the 1993-94 In addition to sampling errors, surveys are nic composition. SASS. also subject to other types of systematic During these site visits, we interviewed SAMPLING STRATEGY error or bias that can affect results. This is central office staff, such as district super- The 1993-94 SASS sample is designed to give especially true when respondents are asked intendents, facilities directors, and business several types of estimates, including both to answer questions of a sensitive nature or managers; and school staff, such as prin- national and state-level estimates. It is nec- inherently subject to error. Lack of under- cipals and teachers. We asked the central of- essarily a very complex sample. Essentially, standing of the issues can also result in sys- fice staff about their district demographics, however, it is stratified by state and grade tematic error. Bias can affect both response biggest facilities issues, facilities financing, level (elementary, secondary, and combined). rates and the way that respondents answer assessment, maintenance programs, re- It also has separate strata for schools with particular questions. It is not possible to as- sources, and barriers to reaching facilities large Native American populations and for sess the magnitude of the effect of biases, if goals. Bureau of Indian Affairs schools. A detailed any, on the results of a survey. Rather, pos- In addition, in each district we asked dis- description of the sample and discussion of sibilities of bias can only be identified and trict officials to show us examples of ‘‘typi- the sampling issues is contained in NCES’ accounted for when interpreting results. cal,’’ ‘‘best,’’ and ‘‘worst’’ schools and veri- technical report on the 1993-94 SASS sample.19 This survey had two major possible sources fied reliability of these designations with SURVEY RESPONSE of bias: (1) bias inherent in all self-ratings or others. In some small districts, we visited all We mailed our questionnaires to 9,956 sam- self-reports and (2) sensitivity of compliance schools. We spoke with administration and pled schools in 5,459 associated districts issues. staff in the schools we toured. We asked the across the country in May 1994. We did a fol- Bias inherent in self-ratings may impact school staff about their schools’ condition, low-up mailing in July 1994 and again in Oc- results of this survey in two major areas. repair and renovation programs, and facili- tober 1994. After each mailing, we telephoned First, the self-ratings or self-reports of tech- ties needs for educational programs. nonresponding districts to encourage their nological sufficiency may be overly optimis- CLASSIFICATION VARIABLES tic for several reasons. In our analyses, we responses. We accepted returned question- Community Type.—Central City: A large include as ‘‘sufficient’’ responses that indi- naires through early January 1995. central city (a central city of a Standard Of the 9,956 schools in the original sample, cated moderate and somewhat sufficient ca- Metropolitan Statistical Area (SMSA)) with pability as well as very sufficient capability. 393 were found to be ineligible for our sur- population greater than or equal to 400,000 or 20 This could indicate a wide range of suffi- vey. Subtracting these ineligible schools a population density greater than or equal to ciency, including some responses that are from our original sample yielded an adjusted 6,000 per square mile) or a mid-size central sample of 9,563 schools. The number of com- very close to ‘‘not sufficient.’’ In addition, city (a central city of an SMSA but not des- pleted, usable school questionnaires returned our analyses showed that without any objec- ignated a large central city). was 7,478. Dividing the number of completed, tive standards with which to anchor their re- Urban Fringe/Large Town: Urban fringe of usable returns by the adjusted sample yield- sponses, schools indicating ‘‘sufficient’’ com- a large or mid-size central city (a place with- ed a school response rate of 78 percent. Of puters and computer/student ratios that in an SMSA of a large or mid-size central the 5,459 associated districts in the original ranged from 1:1 to 1:292 (a median of 1:11) for city and defined as urban by the Bureau of sample, 28 were found to be ineligible for our those schools that had computers. About 300 the Census) or a large town (a place not survey mainly because they were no longer schools that indicated they had no comput- within an SMSA but with a population operating. Subtracting these ineligible dis- ers for instructional use said that was suffi- greater than or equal to 25,000 and defined as tricts from our original sample of 5,459 asso- cient. (See table III.9 for more details.) Fi- urban by the Bureau of the Census). ciated districts yielded an adjusted district nally, technology experts who regularly con- Rural/Small Town: Rural area (a place sample of 5,431 districts. The number of com- sult with school systems report that the with a population of less than 2,500 and de- pleted, usable district questionnaires re- level of knowledge among school administra- fined as rural by the Bureau of the Census) turned was 4,095. Dividing the number of tors and staff of possible use and application or a small town (a place not within an completed, usable returns by the adjusted of technology in schools is low—further in- SMSA, with a population of less than 25,000 district sample yielded a district response creasing the likelihood that these suffi- but greater than or equal to 2,500 and defined 21 rate of 75 percent. ciency estimates are overly optimistic. as urban by the Bureau of the Census). We compared school and district Second, assessing the physical condition of School Level.—Elementary: A school that nonrespondents with respondents by buildings is a very complex and technical un- had grade six or lower or ‘‘ungraded’’ and no urbanicity, location, state, race and eth- dertaking. Moreover, many facilities prob- grade higher than eighth. nicity, and poverty. There were few notable lems, particularly the most serious and dan- Secondary: A school that had no grade differences between the groups. On the basis gerous, are not visible to the naked eye. Fur- lower than the seventh or ‘‘ungraded’’ and of this information, we assumed that our re- ther, any dollar estimates made of the cost had grade seven or higher. spondents did not differ significantly from to repair, retrofit, upgrade, or renovate are Combined: A school that had grades higher 22 the nonrespondents. Therefore, we weight- just that, estimates, unless the school has than the eighth and lower than the seventh. ed the respondent data to adjust for recently completed such work. The only way Minority Enrollment.—The percentage of nonresponse and yield national and state- school officials actually know what such students defined as minority using the fol- level estimates. work costs is to put it out for bid. Even then, lowing definition for minority: American In- SAMPLING ERRORS cost changes may occur before the con- dian or Alaskan Native; Asian or Pacific Is- All sample surveys are subject to sampling tracted work is completed. Therefore, esti- lander; Hispanic, regardless of race (Mexi- error, that is, the extent to which the results mates and evaluations reported are subject can, Puerto Rican, Cuban, Central or South differ from what would be obtained if the to inaccuracies. American, or other culture or origin); Black whole population had received the question- A second kind of bias that may occur re- (not of Hispanic origin). naire. Since the whole population does not sults from the sensitivity of compliance is- Geographic Region.—Northeast: Maine, receive the questionnaire in a sample survey, sues. In this case, our interest in securing in- New Hampshire, Vermont, Massachusetts, the true size of the sampling error cannot be formation related to compliance with federal Rhode Island, Connecticut, New York, New known. However, it can be estimated from mandates, life-safety codes, and physical se- Jersey, Pennsylvania. the responses to the survey. The estimate of curity put us in a highly sensitive area. For Midwest: Ohio, Indiana, Illinois, Michigan, sampling error depends largely on the num- example, respondents may perceive that ac- Wisconsin, Minnesota, Iowa, Missouri, North ber of respondents and the amount of varia- curately reporting problems in providing ac- Dakota, South Dakota, Nebraska, Kansas. bility in the data. cess for disabled students could make the South: Delaware, Maryland, District of Co- For this survey, sampling errors for all school vulnerable to lawsuits, despite assur- lumbia, Virginia, West Virginia, North Caro- school-level estimates at the national level ances of confidentiality. Consequently, in lina, South Carolina, Georgia, Florida, Ken- is estimated to be ± 2 percent or less at the sensitive areas schools may tend toward tucky, Tennessee, Alabama, Mississippi, Ar- 95-percent confidence level. Sampling errors underreporting or making conservative esti- kansas, Louisiana, Oklahoma, Texas. for school-level estimates at the state level mates. West: Montana, Idaho, Wyoming, Colorado, are generally within ± 10 percent at the 95- In general, survey results were consistent New Mexico, Arizona, Utah, Nevada, Wash- percent confidence level. Sampling errors for with what we saw in our site visits. ington, Oregon, California, Alaska, Hawaii. April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5137 Proportion of Students Receiving Free or 2 Small-group instruction, teacher planning, pri- dissertation, Virginia Polytechnic Institute and Reduced Lunch.—Calculation based on sur- vate areas for student counseling and testing, and li- State University, 1993. vey question 4 (‘‘What was the total number brary/media centers. 18 A full copy of the questionnaire appears in the 3 of Full Time Equivalent (FTE) students en- Ventilation, heating, indoor air quality, and first report in this series, School Facilities: Condi- lighting. tion of America’s Schools (GAO/HEHS–95–61, Feb. 1, rolled in this school around the first of Octo- 4 See Systemwide Education Reform: Federal 1995). ber 1993?’’) and survey question 25 (‘‘Around Leadership Could Facilitate District-Level Efforts 19 Robert Abramson et al., 1993–94 Schools and the first of October 1993, how many appli- (GAO/HRD–93–97, Apr. 30, 1993). Staffing Survey: Sample Design and Estimation, cants in this school were approved for the 5 See School-Linked Human Services: A Com- NCES (available in July 1995). National School Lunch Program?’’). prehensive Strategy for Aiding Students at Risk of 20 Reasons for ineligibility included school no Student/Computer Ratio.—Calculation School Failure (GAO/HEHS–94,21, Dec. 30, 1993). longer in operation, entity not a school, private 6 based on survey question 4 (‘‘What was the See Regulatory Flexibility in Schools: What Hap- rather than public school, and post-secondary school pens When Schools Are Allowed to Change the only. total number of Full Time Equivalent (FTE) Rules? (GAO/HEHS–94–102, Apr. 29, 1994) and Edu- 21 Detailed sample and response information for students enrolled in this school around the cation Reform: School-Based Management Results each sample stratum is available upon request from first of October 1993?’’) and question 18 in Changes in Instruction and Budgeting (GAO/ GAO. See appendix VIII for appropriate staff con- (‘‘How many computers for instructional use HEHS–94–135, Aug. 23, 1994). tacts. does this school have?’’). 7 Experts have identified other key components af- 22 We did not poll nonrespondents, so we have no fecting the implementation of technology in way to verify this assumption. APPENDIX VII.—DATA SUPPORTING FIGURES IN schools, such as sufficient teacher training and com- Ms. MOSELEY-BRAUN. I would like THE REPORT puter support services. However, because our focus was on school facilities, these components were not to take a moment to share with the TABLE VII. 1: DATA FOR FIGURE V.1—PERCENT OF included in our survey. Chair some information. These charts SCHOOLS WITH AIR-CONDITIONING IN CLASSROOMS— 8 Multimedia uses a single communication system are bulky, but this is information that (cable) to transmit voice, data, and video, currently comes out of the GAO report that I BY STATE by dignitizing voice and video. 8 See, for example, The National Information In- think is a very telling statement about Percent of frastructure: Requirements for Education and where we are in our country today in schools with air- State conditioning in Training, National Coordinating Committee on terms of education and technology in- classrooms Technology in Education and Training, (Alexandria, Va: 1994). frastructure. Alabama ...... 97.8 10 Beau Fly Jones et al., Learning, Technology and The report which, as you may know, Alaska ...... 4.9 Policy for Educational Reform, July 1994, Version was entitled ‘‘America’s Schools Not Arizona ...... 68.2 1.0, North Central Regional Educational Laboratory Arkansas ...... 95.9 Designed or Equipped for 21st Cen- California ...... 67.2 (Oak Brook, Ill.: 1994). 11 tury.’’ Colorado ...... 28.5 The Internet, a global communications network, Connecticut ...... 21.7 is a cooperative effort among educational institu- In this part of the report, most Delaware ...... b 42.0 tions, government agencies, and various commercial States report that at least 50 percent of District of Columbia ...... a 47.4 and nonprofit organizations. Historically, the Florida ...... 97.8 Internet has contained mostly scientific research schools have insufficient technology. Georgia ...... 92.9 My own State of Illinois comes down Hawaii ...... 18.1 and education information. However, more recently, Idaho ...... 26.0 the kind of information accessible on the Internet here, where 60 to 69 percent of the Illinois ...... 26.8 has expanded to include library catalogs, full texts schools in Illinois do not have suffi- Indiana ...... 53.5 of electronic books and journals, government infor- Iowa ...... 22.0 mation, campuswide information systems, picture cient technology infrastructure. The Kansas ...... 63.1 archives, and business data and resources. The Presiding Officer’s State, I think, does Kentucky ...... 92.3 Louisiana ...... 96.0 Internet allows three primary functions: electronic a little better. You are in this cat- Maine ...... 2.0 mail and discussion groups (e mail), use of remote egory. As you can see, we have a long Maryland ...... 55.3 computers (telnet), and transferring files (file trans- Massachusetts ...... 11.8 fer protocol). way to go to get the technology up to Michigan ...... 18.9 12 ‘‘Opportunity to learn’’ refers to the sufficiency speed. Minnesota ...... 19.2 or quality of the resources, practices, and conditions Mississippi ...... 97.3 Understand that this report speaks necessary to provide all students with an oppor- Missouri ...... 51.1 specifically to technology. The first re- Montana ...... 13.4 tunity to learn the material in voluntary national Nebraska ...... a 37.9 content standards or state content standards. See, port talked about infrastructure. So we Nevada ...... 70.1 for example, Andrew Porter, ‘‘The Uses and Misuses talk about putting in computers. We New Hampshire ...... 00.0 of Opportunity-to-Learn Standards,’’ Educational New Jersey ...... 21.8 Researcher, Vol. 24, No. 1 (1995), pp. 21–27; and Faith have heard stories from some of the New Mexico ...... 70.4 teachers and people who were ques- New York ...... 10.2 E. Crampton and Terry N. Whitney, ‘‘Equity and North Carolina ...... 87.8 Funding of School Facilities: Are States at Risk?’’ tioned in this regard that one of the North Dakota ...... 18.1 State Legislative Report, Vol. 20, No. 1 (1995), pp. 1– big problems they run into is, even if Ohio ...... 15.6 8. Oklahoma ...... 94.5 13 Laser disk players and VCRs were rated as one they had the computers, the tech- Oregon ...... 17.0 item. It could be that a sufficient number of VCRs nology, they do not have the capacity Pennsylvania ...... 28.9 Rhode Island ...... 5.8 exists but not laser disk players. to use them. They do not have the 14 South Carolina ...... 100.0 The self-reports of sufficiency may be overly op- phone lines, the cables, and they do not South Dakota ...... 10.9 timistic for several reasons. First, in our analyses Tennessee ...... 95.2 we included as ‘‘sufficient’’ responses that indicated have the ability. Texas ...... 98.4 moderate and somewhat sufficient capability as well One report was that in the classroom Utah ...... 34.4 as very sufficient capability. This could indicate a Vermont ...... 1.4 in a particular school—and I will not wide range of sufficiency, including some responses Virginia ...... 77.8 name it now—there were two outlets in Washington ...... 31.8 that are very close to ‘‘not sufficient.’’ Second, our West Virginia ...... 58.1 analysis of responses showed that without any ob- the classroom, and so if more than two Wisconsin ...... 25.7 jective standards with which to anchor their re- teachers plug something in, the whole Wyoming ...... 13.4 sponses, schools indicating ‘‘sufficient’’ computers building would shut down because the Note: Sampling errors are less than ± 11 percent unless otherwise noted. had computer/student ratios ranging from 1:1 to Responses marked with a superscript ‘‘a’’ have sampling errors equal to or 1:292 (a median of 1:11) for those schools that had circuit breaker would go. Clearly we greater than 11 percent but less than 13 percent. Responses marked with a computers. About 300 schools that indicated they cannot expect our young people to superscript ‘‘b’’ have sampling errors equal to or greater than 13 percent had no computers said that was sufficient. (For compete in this world economy, in this but less than 14.2 percent. more detail, see table III.9 in app. III.) Finally, tech- nology experts who regularly consult with school global economy, with that kind of mill- APPENDIX VIII—GAO CONTACTS AND STAFF systems report that the level of knowledge among stone around their neck, without hav- ACKNOWLEDGMENTS school administrators and staff of possible use and ing the ability to access the tech- GAO CONTACTS application of technology in schools is low—further increasing the likelihood that these sufficiency esti- nologies. Eleanor L. Johnson, Assistant Director, The youngsters may play Nintendo, (202) 512–7209; Ella Cleveland, Project Man- mates are overly optimistic. 15 We asked respondents to rate the overall condi- ager, (202) 512–7066; Kathleen Ward, Senior but that is not training them to com- tion of their school buildings on a six-point scale: pete in our global economy. So if we Analyst, (313) 256–8078. excellent, good, adequate, fair, poor, or replace. See STAFF ACKNOWLEDGMENTS School Facilities: Condition of America’s Schools are training them to address the com- D. Catherine Baltzell, Supervisory Social (GAO/HEHS–95–61, Feb. 1, 1995). petition we want them to meet, I be- 16 Environmental factors associated with learning lieve we have a national interest in ad- Science Analyst; Nancy Kintner-Meyer, include heating, lighting, air-conditioning, acous- Evaluator; Deborah L. McCormick, Senior tics, space flexibility, and physical security. dressing the infrastructure and tech- Social Science Analyst; Edna M. Saltzman, 17 See, for example, J. Howard Bowers et al., ‘‘Ef- nology infrastructure so we can pro- Subproject Manager; Diane E. Schilder, Sen- fects of the Physical Environment of Schools on vide our young people with the tools ior Evaluator. Students,’’ (paper presented to 65th Council of Edu- they will need to succeed. Certainly it cational Facility Planners, International Con- FOOTNOTES ference, 1988) and Carol S. Cash, ‘‘Building Condition is an issue that goes to our inter- 1 Sampling error is ±6.61 percent. and Student Achievement and Behavior,’’ doctoral national competitiveness. Just this S 5138 CONGRESSIONAL RECORD — SENATE April 4, 1995 morning in the Finance Committee, Conduits, raceways for computers, date I was wounded in World War II Ambassador Kantor was there to talk the computer network cables—60 per- and joined the disability community about trade relations of the United cent of the schools do not have it, or myself. This year we will be in recess States: Where we are in the balance of 24.9 million students. on April 14, so I will give my annual trade; where we are with regard to the Go right down the list, even down to message today. issues affecting the globalization of televisions. TV’s, 15 percent of the Mr. President, I will talk about an- this economy; how is our country schools do not have it; 6.8 million stu- other member of the disability commu- doing. dents. nity—certainly one of its most promi- The question came up, What is the It seems to me, for the kind of in- nent members. But throughout his life, most important thing we can do to see vestment we require here, we can up- his disability was not only unknown to to it we are able to compete in this grade the kind of information and re- most people, it was denied and hidden. global economy? The answer to that sources that are available to our young I am speaking about President question is investment in human cap- people, we can give them the tools they Franklin Roosevelt. Next week, the ital. The answer to that question is will need to learn. We can help teach- Nation will commemorate the 50th an- education. The answer to that question ers teach better and in so doing we will niversary of his death on April 12, 1945. is training, so our people, our children have benefits to the entire community. He will surely be recalled by many as a will have the skills and the knowledge I will close by saying what I may master politician; an energetic and in- and the wherewithal and capacity to be have said already but I cannot reit- spiring leader during the dark days of competitive. erate it too often. Education is not just the Depression; a tough, single-minded I point out also the national statis- a private benefit. It is not just whether Commander in Chief during World War or not I can get a good job or I can get tics. I will point out also, in addition II; and a statesman. a leg up on the competition or whether to the issue of competitiveness, giving No doubt about it, he was all these or not I can afford to be trained or be our young people the capacity to com- things. But he was also the first elect- educated or to have a certain set of pete in this world economy will be a ed leader in history with a disability, skills. Education is more than a pri- boon to the entire community. If you and he was a disability hero. vate benefit. It is a public good. It goes ask employers in our private sector to the stability and the quality of life FDR’S SPLENDID DECEPTION what is the biggest impediment to of our community as a whole, of our Mr. President, in 1921, at age 39, them hiring people, it is that they are entire country. Every person benefits getting people who are not, right now, Franklin Roosevelt was a young man when we have a well-educated citi- in a hurry. He was following the same trained. So the private sector winds up, zenry. if you will, having costs shifted to political path that took his cousin, Frankly, that is how this Nation be- Theodore Roosevelt, to the White them because the youngsters that our came the strong, great Nation that it schools are turning out are not quite House. In 1910 he was elected to the was, because we had a work force that New York State Senate, and later was yet trained to handle the demands of was better trained, better equipped, business. appointed Assistant Secretary of the better provided for than any other Navy. In 1920, he was the Democratic If we are going to prepare our young work force in the world. We are in people for the global economy, if we candidate for Vice President. grave danger of losing that if we do not Then, on the evening of August 10, are going to prepare our young people make the kind of investment in our for the world of work, if we are going while on vacation, he felt ill and went human capital, in our children, in edu- to bed early. Within 3 days he was par- to stop relying on the willy-nilly hap- cation, that we need to make in order alyzed from the chest down. Although hazard shifting of costs to the private to give our community the benefits of the muscles of his upper body soon re- sector, and make certain we have the the talent that I believe these young covered, he remained paralyzed below capacity in this Nation to keep Amer- people have. the waist. ica strong through having a well-edu- So, in closing, I would like to again His political career screeched to a cated work force, I believe we have a thank Senator PELL for all his leader- national interest in investing in this ship and for his joining on the GAO let- halt. He spent the next 7 years in reha- infrastructure, and in this technology ter, and thank the Chair for his atten- bilitation, determined to walk again. infrastructure particularly. tion. I have introduced the GAO report He never did. He mostly used a wheel- This chart talks about the millions into the RECORD. chair. Sometimes he was carried by his of students who attend schools with in- Mr. President, I suggest the absence sons or aides. Other times he crawled sufficient technology. Again, this is of a quorum. on the floor. putting aside for a moment the basic The PRESIDING OFFICER (Mr. But he did perfect the illusion of infrastructure like do you have the INHOFE). The clerk will call the roll. walking—believing that otherwise his plugs in the classroom, like having the The bill clerk proceeded to call the political ambitions were dead. He could sufficient lighting. That was the first roll. stand upright only with his lower body GAO report, and you recollect that re- Mr. DOLE. Mr. President, I ask unan- painfully wrapped in steel braces. He port said we were way behind and our imous consent that the order for the moved forward by swinging his hips, schools were deteriorating and not ca- quorum call be rescinded. leaning on the arm of a family member pable, really, of handling a lot of this The PRESIDING OFFICER. Without or aide. It worked for only a few feet at stuff. objection, it is so ordered. a time. It was dangerous. But it was But look at this. Mr. President, 86 Mr. DOLE. Mr. President, what is the enough to convince people that FDR percent of our schools, or 66,000 pending business? Are we in morning was not a ‘‘cripple.’’ FDR biographer schools, or 35.4 million children in the business? Hugh Gallagher has called this effort, United States attend schools that do The PRESIDING OFFICER. The and other tricks used to hide his dis- not have sufficient fiber optic cables pending business is the appropriations ability. ‘‘FDR’s splendid deception.’’ for them to access the technology. The bill. This deception was aided and abetted fiber optics cable is necessary for them Mr. DOLE. I ask if I may speak as in by many others. The press were to access the technology and plug into morning business. coconspirators. No reporter wrote that the Internet. You have to have this to The PRESIDING OFFICER. Without FDR could not walk, and no photog- get onto the information super- objection, it is so ordered. rapher took a picture of him in his highway. So 35.4 million of our stu- f wheelchair. for that matter, thousands dents do not have the capacity to get saw him struggle when he walked. on that highway in school. FRANKLIN ROOSEVELT— Maybe they did not believe or under- Phone lines for instructional use— DISABILITY HERO stand what they saw. again, 61.2 percent of our schools, 47,000 Mr. DOLE. Mr. President, as many In 1928, FDR ended his political exile, schools, or 24.8 million students in this Members of the Senate know, it is my and was elected Governor of New York. country do not have phone lines for in- custom to speak each year about a dis- Four years later, he was President. On structional use. ability subject on April 14. It is the March 4, 1933, standing at the east April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5139 front of this Capitol, he said, ‘‘The only we had a President, Franklin Roo- at an all-time high. The world needs thing we have to fear is fear itself.’’ He sevelt, who could not walk and believed U.S. Technology and U.S. Services, and was 35 feet from his wheelchair. Few it was necessary to disguise that fact we should do everything we can to en- people knew from what deep personal from the American people. Today I sure that our companies get the chance experiences he spoke. trust that Americans would have no to compete in overseas markets. Perhaps the only occasion where problem in electing as President a man I have asked the Crown Prince of FDR fully acknowledged the extent of or woman with a disability. Qatar to give serious consideration to his disability in public was a visit to a Mr. President, let us not fool our- Black & Veatch’s proposal for the elec- military hospital in Hawaii. He toured selves—this work is not done. Not by a tric transmission system project, and I the amputee wards in his wheelchair. long shot. And I think this is some- ask unanimous consent that a copy of He went by each bed, letting the men thing that we can all agree on, Repub- my letter to the Crown Prince be print- see him exactly as he was. He did not lican or Democrat. ed in the RECORD. I thank the Chair. need to give any pep talks—his exam- So, next week, as we honor President There being no objection, the letter ple said it all. Roosevelt, let us remember him as a was ordered to be printed in the FDR—DISABILITY HERO disability hero and dedicate ourselves RECORD, as follows: Mr. President, earlier I called FDR a to this unfinished business. U.S. SENATE, ‘‘disability hero.’’ But it was not for f Washington, DC, March 22, 1995. the reasons some might think. It would His Highness SHEIKH HAMAD BIN KHALIFA AL- be easy to cite his courage and grit. EMERGENCY SUPPLEMENTAL THANI, But FDR would not want that. ‘‘No sob APPROPRIATIONS ACT The Crown Prince, State of Qatar. stuff,’’ he told the press in 1928 when he The Senate continued with the con- YOUR HIGHNESS: I wish to express my hope that the State of Qatar will give serious con- started his comeback. Even within his sideration of the bill. own family, he did not discuss his dis- sideration to the proposal for the Trans- f ability. It was simply a fact of life. mission Extension Project by Black & Veatch International. In my view, FDR is a hero for his ef- CLOTURE MOTION I am aware that United States Secretary of forts on behalf of others with a disabil- Mr. DOLE. Mr. President, I send a Commerce Ron Brown has visited with Your ity. In 1926, he purchased a run-down cloture motion to the desk. Highness and other top level officials of the resort in Warm Springs, GA, and over The PRESIDING OFFICER. The clo- State of Qatar on this matter. In addition, the next 20 years turned it into a ture motion having been presented Secretary Brown has expressed his support of unique, first class, rehabilitation cen- the Black & Veatch International offer in a under rule XXII, the Chair directs the ter. It was based on a new philosophy letter to Sheikh Hamad bin Jassim bin Jahor clerk to read the motion. of treatment—one where psychological al-Thani. The assistant legislative clerk read recovery was as important as medical Black & Veatch International is well as follows: known to me and to many other U.S. Gov- treatment. CLOTURE MOTION ernment officials for its high quality serv- FDR believed in an independent life ices for infrastructure projects. Many of the We, the undersigned Senators, in accord- for people with disabilities—at a time firm’s principals and employees are constitu- ance with the provisions of rule XXII of the when society thought they belonged at ents of mine. The firm’s worldwide domi- Standing Rules of the Senate, hereby move nance of electric power projects can advance home or in institutions. to bring to a close debate on the Hatfield the State of Qatar’s position in exporting Warm Springs was run by people with amendment No. 420 to H.R. 1158, the supple- LNG. polio, for people with polio. In that mental appropriations bill, signed by 17 Sen- I respectfully request that you consider spirit, FDR is the father of the modern ators as follows: Black & Veatch International for the Phase independent living movement—which Senators Mark Hatfield, Pete Domenici, IV Transmission Extension Project. Rick Santorum, Larry Pressler, Mitch puts people with disabilities in control Sincerely, McConnell, Slade Gorton, Rod Grams, of their own lives. BOB DOLE. He also founded the National Foun- Ben Nighthorse Campbell, Conrad Burns, Mike DeWine, Nancy Kasse- f dation for Infantile Paralysis—today baum, Ted Stevens, Jesse Helms, Rob- known as the March of Dimes—and ert F. Bennett, Spencer Abraham, Dirk raised millions of dollars to help others Kempthorne, and Fred Thompson. NATIONAL MENTAL HEALTH COUNSELING WEEK with polio and find a cure. On April 12, f 1955, on the 10th anniversary of his Mr. HEFLIN. Mr. President, I come death, the March of Dimes announced MORNING BUSINESS to the floor today to acknowledge the the first successful polio vaccine, engi- f importance of mental health to every- neered by Dr. Jonas Salk. Today, polio one’s and society’s well-being and to is virtually extinct in the United AMERICAN FIRM COMPETES FOR call our attention to counseling as a States. Next week, the March of Dimes TRANSMISSION PROJECT IN vital part of maintaining good mental will celebrate the 40th anniversary of QATAR health. the vaccine in Ann Arbor. Mr. DOLE. Mr. President, the State Mental health counseling is provided In public policy, FDR understood of Qatar is planning a major expansion along a continuum of patient needs, that Government help in rehabilitating of its electric transmission system, from educational and preventive serv- people with disabilities is good busi- which will be carried out under its ices, to diagnosis and treatment of ness—often returning more in taxes phase IV transmission extension mental illness, to long-term and acute and savings than it costs. It is unfortu- project. This project, with a value of care. It assists individuals and groups nately a philosophy that even today we more than $500 million, is being pur- with problemsolving, personal and so- often pay more lip service than prac- sued by the energy group of Black & cial development, decisionmaking, and tice. Veatch, which has headquarters in self-awareness. DISABILITY TODAY AND TOMORROW Overland Park, KS. Many of the firm’s Such counseling is offered through Mr. President, our Nation has come a employees are constituents of mine. community mental health agencies, long way in its understanding of dis- We are proud of this competitive Amer- private practices, psychiatric hos- ability since the days of President Roo- ican company. It is a world leader in pitals, college campuses, and rehabili- sevelt. For example, we recognize that the field of electrical power generation tation centers. It is often provided in disability is a natural part of life. We and distribution, and is recognized for conjunction with other mental health have begun to build a world that is ac- the technological and managerial qual- professionals, including psychiatrists, cessible. No longer do we accept that ity of power projects that it has under- psychologists, social workers, psy- buildings—either through design or in- taken over the years in more than 50 chiatric nurses, and marriage and fam- difference—are not accessible, which is countries around the globe. ily therapists so that the most appro- a ‘‘Keep Out’’ sign for the disabled. Companies like Black & Veatch are priate treatment for each patient is as- We have come a long way in another part of the answer to bringing down sured. It is provided by professionals respect—in attitudes. Fifty years ago, our trade deficit, which is now running with advanced degrees in counseling or S 5140 CONGRESSIONAL RECORD — SENATE April 4, 1995 related disciplines, practicing within EXECUTIVE AND OTHER security income recipients and 3% receive the scope of their training and experi- COMMUNICATIONS unemployment benefits; and ence. They are currently licensed in 40 ‘‘Whereas, Due to funding reductions, the The following communications were program is no longer available during times States and the District of Columbia. laid before the Senate, together with I want to congratulate the American of greatest need, thereby exacerbating accompanying papers, reports, and doc- health and safety needs; and Mental Health Counselors Association uments, which were referred as indi- ‘‘Whereas, For example, the average on their designation of April 30 to May cated: LIHEAP grant assisted the neediest gas util- 6, 1995 as ‘‘National Mental Health EC–707. A communication from the Deputy ity customers with 40.6% of their gas bills in Counseling Week,’’ and urge each and Assistant Secretary for Procurement and As- 1985, but only provided assistance for 17.4% every American to seek the assistance sistance Management, Department of En- of the gas bills in 1994, one of the worst win- of a qualified mental health counselor ergy, transmitting, pursuant to law, a report ters in the history of the country; and when needed. After all, our mental relative to Federal Acquisition Regulation ‘‘Whereas, This heating season, 1994–1995, health is just as important as our phys- Part 50; to the Committee on the Judiciary. the Federal appropriation for LIHEAP in ical health. EC–708. A communication from the Senior Pennsylvania is 87.9 million dollars, the low- Deputy Assistant Administrator, Bureau for est in the history of the program; and f Legislative and Public Affairs, Agency for ‘‘Whereas, Sources of funds used by states International Development, transmitting, to supplement LIHEAP such as the Energy MESSAGES FROM THE PRESIDENT pursuant to law, the calendar year 1994 re- Conservation Assistance Fund (ECAF) will Messages from the President of the port of the Agency’s activities under the be exhausted in 1995; therefore, be it Freedom of Information Act; to the Commit- ‘‘Resolved, That the Senate of the Common- United States were communicated to tee on the Judiciary. the Senate by Mr. Thomas, one of his wealth of Pennsylvania urge the President of EC–709. A communication from the Chair- the United States to maintain the 1994–1995 secretaries. man of the National Endowment for the funding levels for LIHEAP and to refrain f Arts, transmitting, pursuant to law, the fis- from any further reductions; and be it fur- cal year 1994 report relative to the Arts and ther EXECUTIVE MESSAGES REFERRED Artifacts Indemnity Program; to the Com- ‘‘Resolved, That Congress is urged to reject mittee on Labor and Human Resources. As in executive session the Presiding any proposal to reduce LIHEAP funding; and EC–710. A communication from the Sec- be it further Officer laid before the Senate messages retary of Labor, transmitting, pursuant to ‘‘Resolved, That copies of this resolution be from the President of the United law, the 1993 annual report relative to veter- transmitted to the President of the United ans employment and training; to the Com- States submitting sundry nominations States, the presiding officers of each house of mittee on Veterans’ Affairs. which were referred to the Committee Congress and to each member of Congress EC–711. A communication from the Comp- on the Judiciary. from Pennsylvania.’’ troller General of the United States, trans- (The nominations received today are mitting, pursuant to law, a report relative to printed at the end of the Senate pro- rescissions submitted by the President of the POM–89. A joint resolution adopted by the ceedings.) United States on February 6, 1995; referred Legislature of the Commonwealth of Vir- f jointly, pursuant to the order of January 30, ginia; to the Committee on Labor and 1975 as modified by the order of April 11, 1986, Human Resources. MESSAGES FROM THE HOUSE to the Committee on Appropriations, to the Committee on the Budget, to the Committee ‘‘SENATE JOINT RESOLUTION NO. 335 ENROLLED BILL SIGNED on Agriculture, Nutrition, and Forestry, to ‘‘Whereas, the Personal Responsibility Act, At 2:56 p.m., a message from the the Committee on Banking, Housing and a bill introduced in the United States Con- House of Representatives, delivered by Urban Affairs, to the Committee on Com- gress, includes provisions that would consoli- Mr. Hays, one of its reading clerks, an- merce, Science and Transportation, to the date all nutrition programs into block Committee on Environment and Public grants to the states with funding reduced to nounced that the Speaker has signed Works, to the Committee on Labor and 95 percent of their Fiscal Year 1995 appro- the following enrolled bill: Human Resources, and to the Committee on priation level; and H.R. 831. An act to amend the Internal Small Business. ‘‘Whereas, this block grant would include Revenue Code of 1986 to permanently extend f the food stamp program, the school lunch the deduction for the health insurance costs program, the Women, Infant and Children’s of self-employed individuals, to repeal the PETITIONS AND MEMORIALS Nutrition Program (WIC), and the Senior Nu- provision permitting nonrecognition of gain The following petitions and memori- trition components of the Older Americans on sales and exchanges effectuating policies als were laid before the Senate and Act; and of the Federal Communications Commission, ‘‘Whereas, the Senior Nutrition Program and for other purposes. were referred or ordered to lie on the has two service components: (1) meals at table as indicated: congregate sites as the base for a comprehen- At 4:25 p.m., a message from the POM–87. A resolution adopted by the Board sive program of wellness and recreation ac- House of Representatives, delivered by of Commissioners of the County of Granville, tivities, educational programs and access to Ms. Goetz, one of its reading clerks, an- North Carolina relative to tobacco; to the other services, and (2) home delivered meals nounced that the House has passed the Committee on Labor and Human Resources. (Meals on Wheels); and following bill, in which it requests the POM–88. A resolution adopted by the Sen- ‘‘Whereas, the Senior Nutrition Programs ate of the Commonwealth of Pennsylvania; concurrence of the Senate: are a fundamental part of a comprehensive to the Committee on Labor and Human Re- service system aimed at keeping older people H.R. 1345. An act to eliminate budget defi- sources. at home, supporting family caregivers, and cits and management inefficiencies in the ‘‘RESOLUTION NO. 10 avoiding unnecessary and costly institu- government of the District of Columbia ‘‘Whereas, The Low-Income Energy Assist- tionalization; and through the establishment of the District of ance Program (LIHEAP) is a federally funded ‘‘Whereas, although the current program is Columbia Financial Responsibility and Man- program to help low-income families pay not means-tested, it does serve those with agement Assistance Authority, and for other their heating bills; and the greatest economic need and maintains purposes. ‘‘Whereas, Eligibility for the program is the dignity of participants by providing f set at 135% of poverty level (maximum in- mechanisms for participants to contribute come of $19,900 for a family of four) and according to their ability to pay; and MEASURES PLACED ON THE LIHEAP reaches fewer than one-half of the ‘‘Whereas, Senior Nutrition Programs have CALENDAR eligible households in Pennsylvania; and been long established in the community and are supported through a vast network of vol- The following measure was read the ‘‘Whereas, Persons can receive one LIHEAP I grant a year and crisis payments unteers of all ages and through case and in- first and second times by unanimous to a maximum amount of $250 for emergency kind support from the private sector; and consent and placed on the calendar: situations with the average LIHEAP I grant ‘‘Whereas, Senior Nutrition Programs are H.R. 1345. An act to eliminate budget defi- being $167 and average crisis grant amount- time-tested, successful examples of low cost, cits and management inefficiencies in the ing to $231; and locally managed programs; and government of the District of Columbia ‘‘Whereas, LIHEAP serves Pennsylvania ‘‘Whereas, the Senior Nutrition Program is through the establishment of the District of citizens with great needs. Thirty-two percent consumer focused and has broad community Columbia Financial Responsibility and Man- of the persons receiving aid are Social Secu- support due to its flexibility and its role as agement Assistance Authority, and for other rity recipients, 26% are welfare recipients, point-of-contact and link to the broader purposes. 20% are working poor, 11% are supplemental aging services system; now, therefore, be it April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5141 ‘‘Resolved by the Senate, the House of Dele- ‘‘Whereas, NEA funding of $601,300 in Fis- or diminish our solemn covenant to provide gates concurring, That the United States Con- cal Year 1994 combined with $296,281 provided for the needs of those who perform military gress be urged to maintain the integrity of by the State helped generate $12.3 million in service on our behalf; and the already established comprehensive aging cash from local Wyoming communities; and ‘‘Whereas, the Congressional Budget Office, service system by deleting the portion of the ‘‘Whereas, the Fiscal Year 1994 audience the Concord Coalition, the Bipartisan Com- bill that would remove the Senior Nutrition for arts activities in Wyoming exceeded mission on Entitlement and Tax Reform and Programs from this service system, thereby 1,135,000 citizens and tourists; and the Office of Management and Budget have preserving the integrity of the Older Ameri- ‘‘Whereas, beyond the intrinsic value of all recently advanced proposals before the cans Act; and, be it arts education, the teaching of art in the Congress and the administration to reduce, ‘‘Resolved further, That the Clerk of the schools develops higher order thinking, cre- restrict or eliminate those benefits provided Senate transmit copies of this resolution to ativity and problem solving in students or to our veterans; and the President of the United States Senate, skills that carry over into all area of study; ‘‘Whereas, this Nation owes a great debt to the Speaker of the United States House of and those men and women who have served and Representatives, and the members of the ‘‘Whereas, thousands of Wyoming school continue to serve on its behalf; Now, there- Virginia Congressional Delegation so that children of all ages benefit from quality arts fore, be it they may be apprised of the sense of the Gen- activities assisted by NEA funding awarded ‘‘Resolved, That the Massachusetts General eral Assembly of Virginia.’’ through the Wyoming Arts Council; and Court expresses its grateful appreciation to ‘‘Whereas, funding by the National Endow- those men and women who willingly gave POM–90. A joint resolution adopted by the ment for the Arts through the Wyoming Arts their last ounce of devotion to their country Legislature of the State of Wyoming; to the Council helps Wyoming artists gain regional to keep the light of freedom glowing for this Committee on Labor and Human Resources. and national attention; and and future generations and in furtherance of ‘‘ENROLLED JOINT RESOLUTION NO. 2 ‘‘Whereas, Direct National Endowment for that appreciation the Massachusetts General ‘‘Whereas, there is an urgent need to mod- the Arts funding assists some of Wyoming’s Court urges the United States Congress to ify federal mandates because the implemen- major arts institutions who bring national recognize the sacrifices of these men and tation of these mandates by the state wastes and international attention to the state for women and to prevent the further erosion of the financial resources of Wyoming school their artistic achievements; and those benefits provided to the veterans of districts, the citizens of Wyoming and the ‘‘Whereas, National Endowment for the our Armed Forces; and be it further state and does not properly respect the Arts funding in Wyoming and in other parts ‘‘Resolved, That a copy of these resolutions rights of the state, its school districts and of the nation has enabled arts organizations be transmitted forthwith by the clerk of the citizens; and to win matching support from private Senate to the presiding officers of each ‘‘Whereas, the Tenth Amendment to the sources; and branch of Congress and to the Members United States Constitution directs that pow- ‘‘Whereas, all great nations support the thereof from this Commonwealth.’’ ers not delegated to the United States are re- arts knowing the arts are vital to a society’s served to the states or to the people; and well-being and Congress in 1965 noted ‘An ad- f ‘‘Whereas, Wyoming, as one of the sov- vanced civilization must . . . give under- ereign states within the union, has constitu- standing of the past, a better analysis of the REPORTS OF COMMITTEES tional authority to enact laws protecting the present, and a better view of the future.’: The following reports of committees Now, therefore, be it environment of the state and safeguarding were submitted: the public health, safety and welfare of the ‘‘Resolved, that the 1995 Wyoming House of citizens of Wyoming; and Representatives and the Wyoming Senate do By Mr. HATFIELD, from the Committee ‘‘Whereas, this authority has too often hereby encourage the Congress of the United on Appropriations: been ignored by the federal government States of America to reauthorize continu- Special Report entitled ‘‘Revised Alloca- which has intruded more and more into areas ation of the National Endowment for the tion to Subcommittees of Budget Totals better left to the states; and Arts and its sister agencies, the National En- from the Concurrent Resolution for Fiscal ‘‘Whereas, it is essential that the dilution dowment for the Humanities and the Insti- Year 1995’’ (Rept. No. 104–26). of the authority of state and local govern- tute for Museum Services, and to provide By Mr. ROTH, from the Committee on ments be halted and that the provisions of adequate funding to enable them to continue Government Affairs: the Tenth Amendment be accorded proper re- their leadership roles in our nation on behalf Special Report entitled ‘‘Activities of the spect; and of our country’s culture. Committee on Governmental Affairs’’ (Rept. ‘‘Whereas, current federal mandates, as re- ‘‘It is further resolved, that the Secretary of No. 104–27). flected in P.L. 103–382, often do not reflect State or Wyoming transmit copies of this By Mr. HELMS, from the Committee on the realities of the Rocky Mountain region resolution to the President of the United Foreign Relations, with an amendment in and federal regulators frequently do not un- States, to the President of the Senate and the nature of a substitute and an amendment derstand the needs and priorities of the citi- the Speaker of the House of Representatives to the title: zens of Wyoming; and of the United States Congress and to the Wy- S. 384. A bill to require a report on United ‘‘Whereas, the citizens of this state can oming Congressional Delegation.’’ States support for Mexico during its debt cri- create and wish to create innovative solu- ses, and for other purposes. tions to Wyoming’s problems, but Wyoming POM–92. A resolution adopted by the Leg- f is currently denied the flexibility necessary islature of the Commonwealth of Massachu- to address these problems: Now, therefore, be setts; to the Committee on Veterans’ Affairs. EXECUTIVE REPORTS OF it ‘‘RESOLUTIONS MEMORIALIZING CONGRESS TO ‘‘Resolved by the members of the legislature of PREVENT THE EROSION OF VETERANS’ BENE- COMMITTEES the State of Wyoming: FITS. The following executive reports of ‘‘Section 1. The members of the Wyoming ‘‘Whereas, the veterans of the armed serv- committees were submitted: legislature strongly request the United ices of the United States have consistently States Congress to repeal the Gun-Free By Mr. CHAFEE, from the Committee on risen above and beyond the call of duty to Environment and Public Works: Schools Act of 1994, P.L. 103–382. our Nation; and ‘‘Section 2. That the Secretary of State of Shirley Ann Jackson, of New Jersey, to be ‘‘Whereas, in the selfless defense of democ- a Member of the Nuclear Regulatory Com- Wyoming transmit copies of this resolution racy and the rights inherent in all men and to the President of the United States, to the mission for a term of five years expiring women, the veterans of our Nation have June 30, 1999. President of the Senate and the Speaker of made incalculable and unyielding sacrifices the House of Representatives of the United in the face of adversity and during the hard- (The above nomination was reported States Congress, to United States Secretary ship of military conflict; and with the recommendation that she be of Education and to the Wyoming Congres- ‘‘Whereas, the scars of war remain in the confirmed, subject to the nominee’s sional Delegation.’’ minds and bodies of those who have served commitment to respond to requests to our country bravely; and POM–91. A joint resolution adopted by the appear and testify before any duly con- ‘‘Whereas, the price of democracy and free- stituted committee of the Senate.) Legislature of the State of Wyoming; to the dom is eternal vigilance and our Nation Committee on Labor and Human Resources. must always call and rely upon our armed f ‘‘A LEGISLATIVE RESOLUTION services to preserve and expand these bless- ‘‘Whereas, the people of Wyoming have ings; and INTRODUCTION OF BILLS AND benefited from the development of stronger ‘‘Whereas, today, military personnel serve JOINT RESOLUTIONS and more accessible arts activity in every our Nation throughout the world in such county of the state because of the assistance places as Korea, the Middle East, Haiti and The following bills and joint resolu- provided by the Wyoming Arts Council with Somalia; and tions were introduced, read the first support from the National Endowment for ‘‘Whereas, there are those in our Nation and second time by unanimous con- the Arts; and presently who would propose to alter, modify sent, and referred as indicated: S 5142 CONGRESSIONAL RECORD — SENATE April 4, 1995 By Mr. DORGAN: By Mrs. HUTCHISON: rates in order to stem the tide of infla- S. 663. A bill to modernize the Federal Re- S. Res. 100. A resolution to proclaim April tion. serve System, to provide for a Federal Open 5, 1995, as National 4–H Day, and for other Of course there is no credible evi- Market Advisory Committee, and for other purposes; to the Committee on the Judici- dence that inflation is on the horizon purposes; to the Committee on Banking, ary. Housing, and Urban affairs. By Mr. BROWN: in any significant way. For the last 4 By Mr. COHEN: S. Res. 101. A resolution expressing the successive years, inflation has been de- S. 664. A bill to ensure the competitive sense of the Senate in support of extending clining. So what is the Federal Reserve availability of consumer electronics devices some of the benefits of enhanced economic Board doing? It is serving its constitu- affording access to telecommunications sys- relations enjoyed by the United States and ency, the big money center banks, at tem services, and for other purposes; to the Israel to those countries that sustain a the expense of American families. Committee on Commerce, Science, and ‘‘warm’’ peace with Israel; to the Committee But members of the Fed still meet in Transportation. on Finance. By Mr. SIMON: By Mr. BROWN (for himself, Ms. MI- secret to make decisions that are criti- S. 665. A bill to amend the Internal Reve- KULSKI, Mrs. FEINSTEIN, Mr. HELMS, cal to the lives of every American. nue Code of 1986 to increase motor fuel taxes and Mr. PELL): Until recently, the Fed would not even by 8 cents a gallon, the resulting revenues to S. Res. 102. A resolution to express the disclose its monetary policy decisions be used for mass transit, AMTRAK, and sense of the Senate concerning Pakistan and to the public in a timely manner. Also, interstate, State, and local roads and the impending visit of Prime Minister the Fed’s entire budget is not published bridges, and for other purposes; to the Com- Bhutto; to the Committee on Foreign Rela- in the budget of the U.S. Government. mittee on Finance. tions. S. 666. A bill to amend chapter 93 of title By Mr. BROWN (for himself and Mr. And there are currently no formal 31, United States Code, to provide additional SIMON): channels established through which the requirements for a surety corporation to be S. Con. Res. 10. A concurrent resolution ex- Fed can coordinate its monetary policy approved by the Secretary of the Treasury, pressing the sense of the Congress that the goals with the fiscal policies of the to provide for equal access to surety bond- United States should take steps to improve President and Congress. Finally, re- ing, and for other purposes; to the Commit- economic relations between the United gional Fed bank presidents, who are tee on the Judiciary. States and the countries of Eastern and not accountable to the American peo- By Mr. BRYAN (for himself and Mr. Central Europe; to the Committee on Fi- ple, are casting votes on interest rate SHELBY): nance. decisions. In my judgment, these condi- S. 667. A bill to amend the Securities Ex- f change Act of 1934 in order to reform the tions are not what Congress intended conduct of private securities litigation, to STATEMENTS ON INTRODUCED when it created the Federal Reserve in provide for financial fraud detection and dis- BILLS AND JOINT RESOLUTIONS the early 1900’s. closure, and for other purposes; to the Com- My legislation would do the following mittee on Banking, Housing, and Urban Af- to rectify these problems: fairs. By Mr. DORGAN; First, the President’s top economic By Mr. WARNER: S. 663. A bill to modernize the Fed- advisers would be required to meet S. 668. A bill to authorize the establish- eral Reserve System, to provide for a ment of the National Capital Region Inter- three times a year with the Board of state Transportation Authority, to define Federal Open Market Advisory Com- Governors of the Federal Reserve. This the powers and duties of the Authority, and mittee, and for other purposes; to the includes the Secretary of the Treasury, for other purposes; to the Committee on En- Committee on Banking, Housing, and the Chairman of the Council of Eco- vironment and Public Works. Urban Affairs. nomic Advisers, and the Director of the By Mr. GLENN (by request): THE FEDERAL RESERVE BOARD REFORM ACT OF Office of Management and Budget. S. 669. A bill to revise and streamline the 1995 Second, the President would be em- acquisition laws of the Federal Government, Mr. DORGAN. Mr. President, today I powered to appoint a new Chairman of and for other purposes; to the Committee on Governmental Affairs. rise to introduce a piece of legislation the Federal Reserve near the beginning By Mr. GLENN (for himself and Mr. that I want to describe briefly for the of his term rather than toward the end. PRYOR): Senate. The Fed is crucial to the success of any S. 670. A bill to amend the Internal Reve- On my behalf, and on behalf of Sen- economic policy and the President nue Code of 1986 to prevent the unauthorized ator REID from Nevada, we introduced should have the opportunity to appoint inspection of tax returns or tax return infor- this morning a piece of legislation a Chairman of the Fed near the begin- mation; to the Committee on Finance. called the Federal Reserve Reform Act ning of the Presidential term. By Mr. HATCH: of 1995. Third, the Fed would be required to S. 671. A bill to provide a fair and balanced resolution to the problem of multiple impo- Anyone who has listened to the de- disclose immediately any changes in sition of punitive damages, and for other bate in the Senate the last year under- its targets for the money supply. This purposes; to the Committee on the Judici- stands that I have had major dif- would provide all investors, large and ary. ferences with the Federal Reserve small, with equal and timely informa- By Mr. HATCH (for himself, Mr. Board and its policies. We all know tion about monetary policy decisions. MCCONNELL, and Mr. THOMAS): that the Federal Reserve Board has The provision merely codifies what the S. 672. A bill to provide a fair and balanced raised interest rates seven times over Federal Reserve is doing in recent resolution to the problem of multiple impo- the past year or so. And its decision to practice. sition of punitive damages, and for the re- form of the civil justice system; to the Com- tighten the money supply has had an Fourth, the Fed would be required to mittee on the Judiciary. enormous impact on the economic publish all of its budget in the budget By Mrs. KASSEBAUM (for herself, Mr. well-being of this country. But despite of the U.S. Government. Only a small INOUYE, Mr. DOMENICI, and Mr. STE- its central role in our economy, the fraction of Federal Reserve budget is VENS): Federal Reserve still dwells only in the published in the Federal budget; the S. 673. A bill to establish a youth develop- shadows of public debate. rest is published in a variety of Federal ment grant program, and for other purposes; This organization, located downtown Reserve publications. The legislation to the Committee on Labor and Human Re- in a concrete temple, meets in secret to requires that it all be published in one sources. By Mr. EXON (for himself, Mr. DORGAN, make interest rate decisions that have place for public review. Mr. KERRY, and Mr. MOYNIHAN): an enormous impact on our economy. Fifth, the Comptroller General would S. 674. A bill entitled the ‘‘Rail Investment The Federal Reserve is the last dino- be permitted to conduct more thorough Act of 1995’’; to the Committee on Com- saur in what is supposed to be a demo- audits of Fed operations, including pol- merce, Science, and Transportation. cratic Government because it, behind icy procedures and processes. For many f closed doors, makes decisions that af- years the Fed was totally exempt from fect every single American family, any such audits to uncover misdoing or SUBMISSION OF CONCURRENT AND with no democratic input or debate. So waste. Today the General Accounting SENATE RESOLUTIONS for seven times in the last year or so Office [GAO] is prohibited from audit- The following concurrent resolutions they have decided we have a major ing many of the Fed’s operations, in- and Senate resolutions were read, and storm brewing called inflation, and cluding actions on monetary policy and referred (or acted upon), as indicated: therefore they should increase interest transactions made under the direction April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5143 of the current Federal Open Market Today, I am introducing legislation ming. I fully agree that cable operators Committee. This bill will remove many that is focused on one particular area should be able to protect their signals of these restrictions. of telecommunications that I believe so that only paying customers get the Sixth, only those members of the truly needs more competition—cable benefit of their services. I do not, how- Board of Governors, who have been ap- television. ever, believe that a monopoly over the pointed by the President and confirmed Less than 20 years ago, we had little cable device market is necessary to by the Senate, will be permitted to choice as to where we could obtain our achieve this purpose. vote on monetary policy matters. This phones. Each of us rented a standard, It should be noted that the phone will help take back the Nation’s mone- ordinary phone from our local tele- companies once made the same argu- tary policy from the heads of the phone company. This monopoly ended ment. They argued that if phone cus- money center bankers who are ac- with the break-up of AT&T. Today, tomers were allowed to purchase countable only to their shareholders, most people own their telephones, and phones from anyone other than the and restore it to those Fed officials the types of phones we can choose are phone company, there would be wide- who are accountable to the general endless. Callers, for example, can go to spread theft of phone services. This, public, as the framers of the original any number of local retailers to buy however, has not turned out to be the Federal Reserve Act intended. phones that are more sophisticated case. My legislation is not designed to po- than those previously offered by the Likewise, I am confident that the liticize monetary policy or politicize telephone company. Consumers now sale of cable devices by non cable busi- the Federal Reserve Board. But, I do can purchase car phones, phones that nesses would not lead to the theft of want the Federal Reserve Board to be are connected to an answering ma- cable programming. more accountable to the American peo- chine, or cellular phones. Moreover, to- Today’s technology will allow cable ple. day’s phones are considerably cheaper operators to protect their signals with- If the Federal Reserve Board is a pub- than the rotary dial phones of the out monopolizing the hardware and re- lic agency—if it belongs ultimately to 1950’s. Innovation, greater choice, and stricting consumers’ ability to choose the people of this country—then the lower prices have been the result of in- how they will get a box. Cable compa- people ought to be able to know what tense competition in the telephone is going on there, and all its voting market. nies can prevent theft of their signals members ought to answer to the Amer- Unfortunately, consumers today do without controlling the distribution of ican people. not have the same choices with regard converter boxes. For example, the I might say, as an aside, I am also to the devices necessary to obtain Electronic Industries Association has thinking of introducing legislation cable television. Cable customers are developed a draft standard that would that renames the Open Market Com- in the same situation phone customers allow codes to be put on magnetic mittee. My central thesis is if the Open found themselves 20 years ago. Vir- cards, similar to credit cards. This Market Committee is going to be tually all cable users get their cable card, which could be used with a com- closed, then let us rename it the Closed set-top boxes and other hardware, mercially sold box, would ensure that Market Committee until such time as which have security features, only only those customers who have paid for it is open. The American people deserve from one source—the local cable com- services actually get them. to know what goes on behind closed pany. There is no competition for these Under my legislation, the FCC would doors in the construct of monetary pol- devices. determine the rules—after significant icy—policy, incidentally, that affects The bill I am introducing today public comment—that would promote every single American family. would allow cable customers to buy competition in the cable device market I know words do not always have spe- their converter boxes and other com- while safeguarding against the theft of cific meaning here in public policy and munications access devices from their cable programming. My legislation in politics, but they ought to. Why local retail stores. Cable users in gives the FCC significant discretion in should we close the door and then call Maine and elsewhere in the country meeting this goal, but requires them to the committee that closes the door, in would no longer be at the mercy of make it a high priority. law, the Open Market Committee? Let cable operators to get their cable Competition for converter boxes and us just call it the Closed Market Com- boxes. They could buy or rent them other devices can only benefit consum- mittee. from anyone they choose—just as they ers. As it did in the telephone market, That is for another day. I do not in- do currently with telephones. competition will lead to innovation, clude that recommendation in this leg- This bill, which is identical to legis- greater choice, as well as lower prices islation. But the Federal Reserve Re- lation already introduced in the House for converter boxes. form Act of 1995 is something I am by Representative BLILEY, would re- pleased to offer on behalf of myself and quire the Federal Communications By Mr. SIMON: Senator REID from Nevada. Commission [FCC] to adopt regulations S. 665. A bill to amend the Internal to ensure that converter boxes and Revenue Code of 1986 to increase motor By Mr. COHEN: other interface equipment could be fuel taxes by 8 cents a gallon, the re- S. 664. A bill to ensure the competi- sold commercially by non-cable opera- sulting revenues to be used for mass tive availability of consumer elec- tors. Cable users, of course, could still transit, AMTRAK, and interstate, tronics devices affording access to tele- choose to rent boxes from their cable State, and local roads and bridges, and communications system services, and operator if they desired. for other purposes; to the Committee for other purposes; to the Committee In the near future, the Senate will on Finance. on Commerce, Science, and Transpor- consider legislation designed to in- tation. crease competition in all telecommuni- FUEL TAX LEGISLATION COMPETITIVE CONSUMER ELECTRONICS cations markets. My bill would bring ∑ Mr. SIMON. Mr. President, today I AVAILABILITY ACT OF 1995 competition to a segment of the tele- am introducing a bill calling for an 8 Mr. COHEN. Mr. President, all con- communication market that des- cents a gallon tax increase on gasoline sumers like choice. When companies perately needs it. By allowing consum- and diesel fuel. are allowed to compete and consumers ers to choose how they get their cable Revenue gained from this tax would are given more choices, products and box, prices on the boxes and other be used for mass transit, AMTRAK, and services inevitably become more af- interface equipment will likely drop, interstate, State, and local roads and fordable and of higher quality. For this and manufacturers and retailers of con- bridges. As the administration and the reason, the major thrust of the various verter boxes will become more innova- Congress consider proposals to telecommunications bills that have tive and responsive to the needs of con- downsize the Federal Government and been offered this year is to create a sumers. increase the responsibilities of State more competitive environment for Cable companies argue that they governments, returning some Federal communications products and services. need a monopoly over cable devices to taxes to States and cities would be a I support this goal. protect against theft of cable program- very sensible step. S 5144 CONGRESSIONAL RECORD — SENATE April 4, 1995 We are all aware of the need for in- Washington, DC have revealed a sig- these laws, it has nothing to fear from creases in transit and surface transpor- nificant race-related mortgage lending this legislation. tation investment. And returning reve- gap even after adjusting the data for Mr. President, I urge my colleagues nue to State and local governments for legitimate business concerns. These to support this very simple, but impor- infrastructure and capital improve- studies were based in part on data that tant legislation. ment projects would help State and banks and other lending institutions Mr. President, I ask unanimous con- local governments, promote job cre- are required to report to the Federal sent that the text of my bill be in- ation and improve the Nation’s eco- Government. Federal law does not re- cluded in the RECORD. nomic well-being in general. This quire surety firms to report any simi- There being no objection, the bill was motor fuel tax increase would go a long lar data for applications received or ordered to be printed in the RECORD, as way toward meeting this goal. An in- granted. follows: crease in public investment is long I sponsored and held hearings on the overdue, Mr. President. I urge my col- Equal Surety Bond Opportunity Act in S. 666 leagues to support this legislation.∑ the 102d Congress. Witnesses at that Be it enacted by the Senate and House of Rep- hearing included representatives of the resentatives of the United States of America in By Mr. SIMON: Women Construction Owners and Ex- Congress assembled, S. 666. A bill to amend chapter 93 of ecutives and the National Association SECTION 1. SHORT TITLE. title 31, United States Code, to provide of Minority Contractors who testified This Act may be cited as the ‘‘Equal Sur- additional requirements for a surety in support of the bill. According to ety Bond Opportunity Act of 1995’’. corporation to be approved by the Sec- these witnesses, bond applicants have retary of the Treasury, to provide for SEC. 2. ADDITIONAL REQUIREMENTS REGARDING been rejected simply for being a APPROVAL OF SURETIES. equal access to surety bonding, and for woman, or being a minority. Clearly, (a) IN GENERAL.—A company may not be other purposes; to the Committee on these are unacceptable reasons for re- approved as a surety by the Secretary of the the Judiciary. jecting a bond applicant. Treasury under section 9304 of title 31, Unit- THE EQUAL SURETY BOND OPPORTUNITY ACT OF The American Subcontractors Asso- ed States Code, or provide any surety bond 1995 ciation also presented testimony at pursuant to such section unless the company Mr. SIMON. Mr. President, I am that hearing. They agreed that women maintains full compliance with the require- pleased to introduce the Equal Surety and minority-owned construction com- ments of section 9310 of title 31, United Bond Opportunity Act of 1995. This bill panies face special problems in getting States Code. (b) REQUIREMENTS RELATING TO ENFORCE- is designed to further equal oppor- bonds, as do many small and emerging tunity for surety bond applicants and ABILITY.— construction firms. They noted, how- (1) SIGNED STATEMENT OF COMPLIANCE WITH to equip bond applicants—particularly ever, that all of these companies would APPLICATION.—Section 9305(a) of title 31, small business applicants—with infor- benefit if surety companies were re- United States Code, is amended— mation to help them to strengthen quired to give an explanation for re- (A) by striking ‘‘and’’ at the end of para- their businesses. jecting a bond application. This would graph (1); Construction firms must have surety allow them to take corrective action (B) by striking the period at the end of bonds to bid on all Federal projects in for future applications. paragraph (2) and inserting ‘‘; and’’; and excess of $25,000 and all federally as- By law, the U.S. Treasury Depart- (C) by adding at the end the following new sisted projects in excess of $100,000. In ment maintains a list of federally ap- paragraph: ‘‘(3) a statement of compliance with sec- fact, bonding is now required for most proved surety firms authorized to issue State and local government construc- tion 9310, which is signed under penalty of bonds on Federal projects. My bill, perjury by the president and the secretary of tion projects and an increasing number which is modeled after the Equal Cred- the corporation.’’. of private construction projects. Clear- it Opportunity Act, would make it un- (2) COMPLIANCE AS A CONDITION FOR AP- ly, access to surety bonding is essential lawful for a Treasury-approved surety PROVAL OF APPLICATION.—Section 9305(b) of to the livelihood of the majority of to discriminate against applicants title 31, United States Code, is amended— construction companies. based on race, color, religion, national (A) by striking ‘‘and’’ at the end of para- Surety bonds ensure that a contrac- origin, sex, marital status, or age. Sim- graph (2); tor is capable of completing the speci- ply put, the bill makes it clear that the (B) by striking the period at the end of fied work and has the financial ability paragraph (3) and inserting ‘‘; and’’; and three C’s cannot be determined by ref- (C) by adding at the end the following new to pay its bills on time. If the bonded erence to an applicant’s race, color, re- contractor fails to complete the paragraph: ligion, national origin, sex, or marital ‘‘(4) the corporation is in full compliance project, the surety firm steps in to ful- status. with section 9310.’’. fill the contract. The bill would also require Treasury- (3) SIGNED STATEMENT OF COMPLIANCE WITH Furthermore, surety firms minimize approved firms to provide denied appli- QUARTERLY REPORTS.—Section 9305(c) of title their own risk by determining, before cants, upon request, full written disclo- 31, United States Code, is amended by insert- they issue a bond, whether the appli- sure of the reasons for their denial. A ing ‘‘and a statement of compliance with sec- cant is capable of completing the par- written explanation will give all con- tion 9310,’’ before ‘‘signed and sworn’’. (4) ENFORCEMENT AUTHORITY OF SECRETARY ticular project in question. The prin- struction firms the opportunity to take cipal source of bonds—for-profit cor- OF THE TREASURY.—Section 9305(d) of title 31, appropriate corrective action—an op- United States Code, is amended— porate surety firms—use undisclosed portunity now available to all prospec- (A) in paragraph (1), by striking ‘‘9304 or underwriting standards to make this tive Federal small business contractors 9306’’ and inserting ‘‘9304, 9306, or 9310’’; and determination. Essentially, they assess when denied by an agency contracting (B) by striking ‘‘and’’ at the end of para- an applicant’s three C’s—cash, capacity officer. The written explanation would graph (2); to do work, and character. But the per- also help curb denials of bonding based (C) by striking the period at the end of sonal character of a contractor may be on nonlegitimate reasons. paragraph (3) and inserting ‘‘; and’’; and evaluated in a very subjective manner, Again, the legislation will benefit all (D) by adding at the end the following new which can result in discrimination. paragraph: construction firms. It does not dictate ‘‘(4) may, after the end of the 1-year period Although classified as a type of in- underwriting standards for the surety beginning on the effective date of any rev- surance, these bonds are really more industry. It does not require sureties to ocation under paragraph (1) of the authority like a line of credit. If a surety firm report data on applications received or of a surety corporation for noncompliance has to step in to fulfill the bonded com- bonds written. Nor does it inflict oner- with section 9310, reauthorize such corpora- pany’s obligation under a contract, it ous regulations on the industry. But it tion to provide surety bonds under section expects to be reimbursed. Unfortu- will give businesses the information 9304.’’. nately, as with other types of lines of they need to improve their businesses. (5) REVOCATION FOR FAILURE TO PAY CER- credit such as mortgage financing, Moreover, the bill will ensure that sur- TAIN JUDGMENTS.—Section 9305(e) of title 31, United States Code, is amended— women and minority contractors face ety firms comply with the same non- (A) by striking ‘‘and’’ at the end of para- serious problems in obtaining surety discrimination laws that apply to graph (1); bonds. Several studies of mortgage banks and other lending institutions. If (B) by redesignating paragraph (2) as para- lending rates in Detroit, Atlanta, and a surety firm is in compliance with graph (3); and April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5145 (C) by inserting after paragraph (1) the fol- ‘‘(A) on the basis of race, color, religion, SEC. 4. CIVIL PENALTIES. lowing new paragraph: national origin, sex, marital status, disabil- Section 9308 of title 31, United States Code, ‘‘(2) the corporation does not pay a final ity, or age (if the applicant has the capacity is amended— judgment or order against the corporation to contract); (1) in the first sentence by striking ‘‘A sur- for noncompliance with section 9310, or fails ‘‘(B) because the applicant has in good ety corporation’’ and inserting the following: to comply with any order under that section; faith exercised any right under this chapter; ‘‘(a) LIABILITY TO THE UNITED STATES.—A and’’. ‘‘(C) because the applicant previously ob- surety corporation’’; (c) TECHNICAL AND CONFORMING AMEND- tained a bond through an individual or per- (2) in the second sentence by striking ‘‘A MENT.—Section 9304(a)(3) of title 31, United sonal surety; or civil action’’ and inserting the following: States Code, is amended by striking ‘‘9305 ‘‘(D) because the applicant previously ob- ‘‘(c) JURISDICTION.—A civil action’’; and 9306’’ and inserting ‘‘9305, 9306, and 9310’’. tained a bond through— (3) in the third sentence by striking ‘‘A ‘‘(i) any bonding assistance program ex- penalty imposed’’ and inserting the follow- SEC. 3. INFORMATION FOR BOND APPLICANTS pressly authorized by law; AND NONDISCRIMINATION. ing: ‘‘(ii) any bonding assistance program ad- (a) IN GENERAL.—Chapter 93 of title 31, ‘‘(d) EFFECT OF PENALTIES ON CONTRACTS.— ministered by a nonprofit organization for United States Code, is amended by adding at A penalty imposed’’; and its members or an economically disadvan- the end the following new section: (4) by inserting after subsection (a) (as des- taged class of persons; or ignated by paragraph (1)) the following new ‘‘SEC. 9310. INFORMATION FOR BOND APPLI- ‘‘(iii) any special purpose bonding program subsection: CANTS; NONDISCRIMINATION. offered by a profitmaking organization to ‘‘(b) LIABILITY FOR DISCRIMINATORY AC- ‘‘(a) REASONS FOR ADVERSE ACTION; PROCE- meet special needs. TION.—Any surety corporation that fails to DURE APPLICABLE.— ‘‘(2) ACTIVITIES NOT CONSTITUTING DISCRIMI- comply with section 9310(b) shall be liable to ‘‘(1) NOTICE REQUIRED.— NATION.—It shall not constitute discrimina- the applicant for— ‘‘(A) IN GENERAL.—Except as provided in tion for purposes of this section for a sur- ‘‘(1) any actual damage sustained by such subparagraph (B), any surety approved under ety— applicant (individually or as a member of a section 9304 shall notify an applicant for a ‘‘(A) to make an inquiry of marital status class); and bid bond, payment bond, or performance if such inquiry is for the purpose of ‘‘(2) in the case of any successful action bond of its action on a completed application ascertaining the surety’s rights and remedies under this subsection, the costs of the ac- not later than 10 days after receipt of the ap- applicable to the granting of a bond and not tion, together with reasonable attorney’s plication. to discriminate in a determination of fees, as determined by the court.’’. ‘‘(B) EXTENSION.—The notification required bondability; by subparagraph (A) may be furnished not ‘‘(B) to make an inquiry of the applicant’s SEC. 5. REGULATIONS. later than 20 days after receipt of the appli- age if such inquiry is for the purpose of de- The Secretary of the Treasury shall issue cation, if the surety has not issued a bond to termining the amount and probable continu- such proposed regulations as may be nec- the applicant in the 12-month period preced- ance of bondability; or essary to carry out this Act not later than ing the date of receipt of the application. ‘‘(C) to make an inquiry as to where the 270 days after the date of the enactment of ‘‘(2) STATEMENT OF REASONS.— applicant has previously obtained a bond, in this Act. The final regulations shall become ‘‘(A) IN GENERAL.—Each applicant against order to determine bonding history, or other effective not later than 1 year after the date whom adverse action is taken shall be enti- pertinent element of bondability, except of enactment of this Act. tled to a statement of reasons for such ac- that an applicant may not be assigned a neg- SEC. 6. EFFECTIVE DATE. tion from the surety. ative factor or value because such applicant The amendments made by this Act shall ‘‘(B) ACCEPTABLE FORMS OF STATEMENT.—A previously obtained a bond through— become effective on the earlier of— surety satisfies the requirements of subpara- ‘‘(i) an individual or personal surety; (1) the effective date of final regulations graph (A)— ‘‘(ii) a bonding assistance program ex- promulgated pursuant to section 5; or ‘‘(i) by providing a statement of reasons in pressly authorized by law; (2) the end of the 1-year period beginning writing as a matter of course to applicants ‘‘(iii) any bonding program administered on the date of enactment of this Act. against whom adverse action is taken; or by a nonprofit organization for its members ‘‘(ii) by giving written notification of ad- or an economically disadvantaged class of By Mr. BRYAN (for himself and persons; or verse action which discloses— Mr. SHELBY): ‘‘(I) the applicant’s right to a statement of ‘‘(iv) any special purpose bonding program offered by a profitmaking organization to S. 667. A bill to amend the Securities reasons not later than 30 days after receipt Exchange Act of 1934 in order to reform by the surety of a written request made by meet special needs. the applicant not later than 60 days after ‘‘(3) ADDITIONAL ACTIVITIES NOT CONSTITUT- the conduct of private securities litiga- such notification; and ING DISCRIMINATION.—It is not a violation of tion, to provide for financial fraud de- ‘‘(II) the identity of the person or office this section for a surety to refuse to issue a tection and disclosure, and for other from which such statement may be obtained. bond pursuant to— purposes; to the Committee on Bank- ‘‘(C) ORAL STATEMENT PERMITTED.—A re- ‘‘(A) any bonding assistance program au- ing, Housing and Urban Affairs. quired statement of reasons for adverse ac- thorized by law for an economically dis- THE SECURITIES ENFORCEMENT ACT OF 1995 tion may be given orally if written notifica- advantaged class of persons; tion advises the applicant of the applicant’s ‘‘(B) any bonding assistance program ad- ∑ Mr. BRYAN. Mr. President, today right to have the statement of reasons con- ministered by a nonprofit organization for Senator SHELBY and I are introducing firmed in writing upon the applicant’s writ- its members or an economically disadvan- the Private Securities Enforcement ten request. taged class of persons; or Improvement Act of 1995 to improve ‘‘(3) SPECIFICITY OF REASONS.—A statement ‘‘(C) any special purpose bonding program the Federal securities litigation proc- of reasons meets the requirements of this offered by a profitmaking organization to meet special needs, ess. I believe our legislation provides a section only if it contains specific reasons balance between protecting the rights for the adverse action taken. if such refusal is required by or made pursu- ‘‘(4) APPLICABILITY IN CASE OF THIRD PARTY ant to such program.’’. of defrauded investors and providing APPLICATIONS.—In the case of a request to a (b) DEFINITION OF ADVERSE ACTION.—Sec- relief to honest companies who may surety by a third party to issue a bond di- tion 9301 of title 31, United States Code, is find themselves the target of a frivo- rectly or indirectly to an applicant, the noti- amended— lous lawsuit. fication and statement of reasons required (1) by striking the period at the end of I have serious concerns that in a rush by this section may be made directly by such paragraph (1) and inserting a semicolon; to judgment Congress may err too far surety, or indirectly through the third party, (2) by striking the period at the end of and end up curtailing suits that have if the identity of the surety is disclosed to paragraph (2) and inserting ‘‘; and’’; and merit and thus undermine the Amer- the applicant. (3) by adding at the end the following new ‘‘(5) APPLICABILITY IN CASE OF SURETIES paragraph: ican public’s confidence in the integ- WHICH ACCEPT FEW APPLICATIONS.—The re- ‘‘(3) ‘adverse action’— rity of our financial markets. There is quirements of paragraphs (2), (3), and (4) may ‘‘(A) means a denial of a bond, a change in no greater harm Congress could do to be satisfied by oral statements or notifica- the terms of an existing bonding arrange- the capital markets. tions in the case of any surety which acted ment, or a refusal to issue a bond in the The issue of securities litigation re- on not more than 100 applications during the amount or on substantially the terms re- form came to my attention several calendar year in which the adverse action is quested; and years ago when a constituent was de- taken. ‘‘(B) does not include any refusal to issue frauded in a real estate limited part- ‘‘(b) NONDISCRIMINATION.— an additional bond under an existing bonding ‘‘(1) ACTIVITIES.—It shall be unlawful for arrangement where the applicant is in de- nership. On numerous occasions he any surety to discriminate against any ap- fault, or where such additional bond would raised concerns over the time periods plicant, with respect to any aspect of a sur- exceed a previously established bonding individuals had to file securities law- ety bond transaction— limit.’’. suits. Little could he have known that S 5146 CONGRESSIONAL RECORD — SENATE April 4, 1995 a short while later the Supreme Court Mr. President, I look forward to pass- tional Capital Region Transportation would rule in the Lampf case that the ing legislation that will correct some Planning Board. statute of limitations in a major sec- of the abuses present in the current se- The Woodrow Wilson Bridge Coordi- tion of securities law would be short- curities litigation system and address nation Committee is a working part- ened to 1 year after discovery or 3 the issues raised by Supreme Court rul- nership to identify options for the fu- years after the fraud actually took ings in legislation that President Clin- ture of the bridge and to develop a con- place—whichever came first. ton can sign.∑ sensus plan on fixing or replacing the I do not believe the Court felt this deteriorating Woodrow Wilson Bridge. By Mr. WARNER: was the appropriate amount of time to The Coordination Committee is follow- uncover financial fraud but was all S. 668. A bill to authorize the estab- lishment of the National Capital Re- ing an open participatory process to they could provide in a strict interpre- examine alternatives to improve this tation of the statute. To make matters gion Interstate Transportation Author- ity, to define the powers and duties of vital crossing and is scheduled to iden- worse, the Court applied the shortened tify a preferred alternative, complete time period retroactively, thereby im- the Authority, and for other purposes; to the Committee on Environment and an environmental impact statement periling hundreds of legitimate fraud and issue a record of decision by mid- cases—many of which were in the Public Works. THE NATIONAL CAPITAL REGION INTERSTATE 1996. midst of years of litigation. It is not my intention for the Author- In 1992, we were successful in fixing TRANSPORTATION AUTHORITY ACT OF 1995 ∑ Mr. WARNER. Mr. President, I intro- ity established by this legislation to the retroactive cases by applying the interfere with or disrupt this valuable statute of limitations that was applica- duce legislation today to establish the National Capital Region Interstate ongoing work. The Authority will pro- ble when the cases were filed. Unfortu- vide the next critical step in these nately, we were not able to fix the Transportation Authority. This Authority, representing Vir- tight fiscal times—a financing mecha- standard prospectively. ginia, Maryland, and the District of Co- nism—which will provide the means The legislation we are introducing lumbia, will serve the region’s need to necessary to finance, operate, and today would help rectify this problem focus attention and to build a partner- maintain a new river crossing. by establishing a statute of limitations ship between the Federal Government, It is important for my colleagues to of 2 years after discovering the fraud or the Commonwealth of Virginia, the remember that the Federal Govern- 5 years after the fraud took place. I State of Maryland, the District of Co- ment constructed the Woodrow Wilson find it hard to believe reasonable peo- lumbia, local governments, and other Bridge in 1954 and remains responsible ple could object to such a timetable. interested persons to move forward for the needs of the existing facility Our experience with financial crooks with a new Potomac River crossing on and the financing, planning, and design like Charlie Keating have dem- the Capital Beltway at the Woodrow work required for a new facility. onstrated how easy it is to conceal fi- Wilson Memorial Bridge. Today the Woodrow Wilson Memorial nancial crimes. You would be hard This legislation will establish one en- Bridge is the only segment of the 44,000 pressed to find anyone who thinks that tity to devote its full time and atten- mile Interstate System that is owned financial crimes are on the decline. In tion to facilitating the construction of by the Federal Government. The bridge fact, the evidence shows financial a replacement bridge, or bridge and was designed 40 years ago to carry crimes are escalating. tunnel project, for the aging Woodrow This legislation is designed to im- 75,000 vehicles per day, with 10 percent Wilson Memorial Bridge. of the traffic consisting of heavy prove private securities litigation in a Mr. President, State and local gov- number of ways: eliminating certain trucks. Today, the bridge carries ernments have long recognized the im- 165,000 vehicles per day, and 11 percent abusive litigation practices; deterring portance of the Woodrow Wilson Bridge and providing sanctions against the fil- of the volume is truck traffic. This fa- to the region’s economic vitality and cility is the only drawbridge on the re- ing of meritless cases; instituting pro- its critical link to providing efficient cedural reforms to screen out weak gional interstate network, the only interstate travel from Maine to Flor- piece of the region’s eight-lane Capital cases nearly in the judicial process and ida. enhancing the detection of financial Beltway that is limited to six lanes, The Congress also recognized the and the only segment of the Capital fraud. needs of this facility and its relation- These measures are carefully crafted Beltway with a remaining lifespan of ship to the efficient movement of peo- less than 10 years. so as not to discourage meritorious ple and commerce in the region during Recent studies by the Federal High- suits yet attack several areas of poten- the development of the Intermodal way Administration confirm that an- tial abuse. As Securities and Exchange Surface Transportation Efficiency Act nual repairs to the existing bridge fail Chairman Arthur Levitt recently noted of 1991. That legislation established the to extend the use life of the facility that ‘‘[p]rivate securities litigation Interstate Transportation Study Com- plays a prominent role in checking the mission and charged the Commission and are no longer cost effective. Safety market excesses. To change that, we with the responsibility of recommend- experts for the Federal Highway Ad- would need to recalibrate our entire ing ‘‘new mechanisms, authority, and/ ministration advise me that unless a system checks and balances.’’ or agreements to fund, develop, and new facility is constructed within the The fundamental purpose of Federal manage the transportation system of next 9 years, the Department may be securities laws is to provide investor the National Capital Region, primarily required to enforce truck size and protection and thereby foster investor focusing on the interstate highway and weight restrictions on this segment of confidence and encourage the invest- bridge systems.’’ the Capital Beltway. ment necessary for capital formation, The 13 members of the Commission Mr. President, the solution is clear. economic growth and job creation. Our extensively examined the existing The Woodrow Wilson Bridge, a critical system of private litigation under the transportation needs of the National line in the region’s transportation net- Federal securities laws has functioned Capital region and concluded that the work and a vital link in our Nation’s effectively as a necessary and essential immediate demand was to focus atten- intermodal transportation system, supplement to the enforcement pro- tion on examining every option to pro- needs to be rebuilt with the capacity to gram of the Securities and Exchange vide for a new Potomac River crossing handle the significant demands being Commission. at the Woodrow Wilson Bridge. To ac- placed upon it every day. The National The provisions of this bill should en- complish this, the Commission rec- Capital Region Interstate Transpor- sure that defrauded investors can re- ommended the creation of a new inter- tation Authority is the first step in ad- cover their damages, that criminals are state authority to assume ownership dressing a problem that has gone unre- brought to justice, and that corpora- and responsibilities of the bridge and solved for far to long. tions are protected from unwarranted to move forward with the financing of Recent census data reveals that half litigation in a system that is quicker, a new facility as recommended by the of all workers in this region live and less costly and more fair to all con- Woodrow Wilson Bridge Coordination work in different jurisdictions and one- cerned. Committee and approved by the Na- third live and work in different States. April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5147 The National Capital Region Transpor- first major piece of procurement re- and refine the endeavor which began tation Planning Board forecasts that form legislation in over 10 years. The last year with the passage of FASA. between 1990 and 2020 the volume of passage of the act constituted a criti- I believe this bill is a good starting traffic in our region will increase by cal victory in the war against Govern- point for this second round of reforms, more than 70 percent, while the current ment inefficiency and one of the most and we are definitely headed in the planned highway capacity will expand significant accomplishments of the right direction for this venture. by only 20 percent. Between now and Governmental Affairs Committee dur- It appears that the administration is 2020, our traffic volume could triple ing the 103d Congress. trying to finish what it started last during the heaviest part of the evening FASA is a comprehensive Govern- year with FASA, as well as pursuing rush hour. mentwide procurement reform effort some bold new objectives with this bill, Traffic congestion translates into aimed at streamlining the acquisition and I want to commend them person- wasted productivity and dollars. A re- process by reducing paperwork burdens ally for that. cent study by the Texas Transpor- through revision and consolidation of For instance, one theme in the bill tation Institute found that in 1987 traf- acquisition statutes to eliminate re- appears to be furthering the work fic congestion in the Metropolitan dundancy, provide consistency and fa- begun in FASA of attempting to bring Washington area cost each of an esti- cilitate implementation. the Government more in line with the mated $570 a year in lost time and The law is the culmination of years commercial world exemplified by pro- wasted fuel. Today, it is estimated that visions clarifying the definition of our traffic congestion is costing each of of legislative and oversight effort led by the Governmental Affairs Commit- commercial services and shortening us at least $1,000 per year. This is a the time it takes to complete a pro- cost both to residents and to the re- tee, in conjunction with the Armed Services and Small Business Commit- curement. That is a major item. gion’s business community. Consistent with this theme is the de- Because of the gridlock that occurs tees of both the Senate and the House, to make sense out of the complex proc- sire expressed in this bill to further on our region’s roadways during the streamline the award process, some- morning and evening rush hours, our ess of supplying the Federal Govern- ment with the goods and services it thing also begun in FASA. Significant residents are not resistant to using provisions we will be watching in this public transit. Indeed, we currently needs just to operate. Figuring significantly also were rec- realm involve the lowering of agency have the highest percentage of high-oc- approval levels and delegation of au- ommendations of the Vice President’s cupancy vehicle [HOV] users in the Na- thorities for using noncompetitive pro- National Performance Review regard- tion are tied for second place with Chi- cedures; limiting competitive range de- ing increased reliance on acquisitions cago for the highest percentage of mass terminations to as few as the three of commercial items and increased transit users. While I fully support ex- highest-ranked offerors; and the au- panding public transportation options simplified acquisition threshold of thorization of two-phase selection pro- and building upon our HOV road net- $100,000, and other recommendations cedures for certain information tech- work, these efforts alone will not solve mirroring those in the report of the ad- nology in design-build contracts. our region’s problems with inadequate visory panel on streamlining and codi- The administration has also begun to highways and bridges. fying acquisition laws pursuant to sec- tackle the controversial, highly The National Capital Region Inter- tion 800 of the National Defense Au- charged issue of reform of the protest state Transportation Authority will thorization Act for fiscal year 1991. system by attempting to streamline it enhance the ability of the system to That was the so-called 800 panel. and reduce the number of protests meet expanding economic growth and Mr. President, this really was a cul- filed. Included are provisions on mak- help our Nation’s Capital thrive in the mination of a number of different ac- ing statutory and consistent the stand- increasingly competitive global mar- tivities that came together to pass the ketplace. Almost 85 percent of the Na- ards of review used for development legislation last year. We had been and evaluation of the protest record; tion’s freight travels at least part of its working in the Governmental Affairs journey over a highway. As American preaward debriefings for unsuccessful Committee on this problem of stream- offerors; and consolidation of the judi- companies rely more and more on just- lining acquisition, making it more effi- in-time-delivery to get raw materials cial protest forum. I will be watching cient for all of Government, not just suggestions in this area with particular to manufacturing facilities, and Amer- the armed services. ican wholesalers and retailers count on interest, especially since I know that At the same time, the Armed Serv- the proposals in this area do not begin rapid delivery to keep their inventories ices Committee, of which I am also a lean, the economic importance of an ef- and end with those made in this bill. member, asked the Pentagon to do a There are also some very beneficial ficient national transportation infra- study of their own procurement prac- structure is actually growing. concepts in this bill related to ethics; tices, and that was done with what be- recoupment of fees paid to the U.S. Mr. President, I look forward to came known as the 800 panel. working with my colleagues and the Government on foreign sales of mili- Then, when the new administration Commonwealth of Virginia, the State tary products and technologies devel- was elected, the Vice President headed of Maryland, and the District of Co- oped under Government contracts; up the National Performance Review. lumbia as we advance this legislation.∑ FACNET, the newly established elec- And it, once again, got into areas of tronic commerce system created under By Mr. GLENN (by request): procurement reform. So we all com- FASA for procurements under the sim- S. 669. A bill to revise and streamline bined our efforts, and that culminated plified acquisition threshold; and more the acquisition laws of the Federal then in passage last year of FASA. pilot programs to test out new and dif- Government, and for other purposes; to That was quite an accomplishment. ferent concepts. the Committee on Governmental Af- As if that were not enough, I am This list barely scratches the surface, fairs. pleased today to be a sponsor of a bill and it is easy to see that the adminis- THE FEDERAL ACQUISITION IMPROVEMENT ACT which I hope will mark the beginning tration is attacking some tough and OF 1995 of serious Senate efforts in the 104th very diverse issues with this bill. We Mr. GLENN. Mr. President, I rise Congress to make even further reforms will be scrutinizing each and every one today to introduce a bill, the Federal to our procurement system. of these provisions for their wisdom Acquisition Improvement Act, by re- People in the agencies and industry and for their prudence. quest of the administration. I am glad have already begun to refer to this new As I said, at this juncture I may not to do it, because this bill represents set of proposed reforms as FASA 2, but support every single provision of this the next step of reforming the way its actual title is the Federal Acquisi- bill. Most of the proposals I am sure I Government buys its goods and serv- tion Improvement Act. I think that is will support. Others I support the con- ices. symbolic of what the administration is cept behind but feel the language may Last year, the Congress passed the trying to do. Yes, this is a further need some work and will be glad to do Federal Acquisition Streamlining Act, streamlining effort, but the adminis- that. There are also ideas in the bill better known as FASA. That was the tration is also trying to improve on with which I may disagree altogether, S 5148 CONGRESSIONAL RECORD — SENATE April 4, 1995 and I am sure we count on being some employees were just browsing uals. I think what Senator GLENN is blessed with new ideas as we go along. through accounts on which they were doing today is a true service. I stand In general, though, I think we are not doing work. They were just curious behind him all the way, and I hope that headed in the right direction with this about what was in the accounts. We the Senator will put me down as an new bill, and I am very glad to be sub- had some that actually got into ac- original cosponsor. mitting it on behalf of the administra- counts and changed some of the figures Mr. GLENN. I will be glad to do so. If tion. in there and received kickbacks for the Senator will yield for a moment, The bill is being introduced today what they were doing. Some of those Mr. President. To put this in a broader and the legislative process can begin to people are already in jail now. So that context, the Senator from Arkansas, work and we can begin to consider area is covered. Senator PRYOR, is the one who on our opinions from all interested parties on We want to tighten this up, and the Governmental Affairs Committee took each provision so that we can put forth IRS very much favors this. Commis- the lead in putting together the Tax- the best possible measure for the Presi- sioner Margaret Richardson said this payer Bill of Rights. It has served us dent’s signature. I know that the Gen- morning at our hearing that she does well and the taxpayers of this country eral Accounting Office, GAO, and oth- favor this, and we worked with her on should be glad for what he did. I am ers, have testified before the House this. She feels it covers a loophole in sure they are, whether they realize Government Reform and Oversight the legislation that needs to be cov- they are in his debt or not. What I have Committee offering many valuable sug- ered. I am glad to submit it and help done here is expand a little on his ef- gestions along this line. I look forward close that loophole so that we will forts. To put it in an even larger con- to engaging in that process again, as I make it absolutely unequivocally ille- text, we are coming into a time with did last year. gal for IRS employees to be browsing the information age, the information Mr. President, I want to reiterate through other people’s accounts, flow, time period in history that re- that I believe the administration’s bill whether for voyeuristic reasons, or just places the agriculture revolution, the is a very good place to start working plain curiosity, or whatever the mo- industrial revolution. Now we are into on the next round of reforms to tives are. But people should expect the information revolution. Along with streamline our procurement system. that when they file their tax returns that is going the computerization of all We have a challenge ahead of us to and that information is in the internal of the taxpayer records that formerly flesh out this bill, but I am excited revenue system, those returns are con- were all in on a piece of paper in the that the administration continues to fidential and will be worked on only by file. They were not as accessible as focus attention in this area. people that are dealing with business they are now to computers and hackers matters on their accounts and nothing and other people. By Mr. GLENN (for himself and more. That is what this legislation One of our biggest problems in keep- Mr. PRYOR): does. I hope we can have support on it ing confidentiality is making sure that S. 670. A bill to amend the Internal after it has been through the commit- as we move into the taxpayer system Revenue Code of 1986 to prevent the un- tee process. modernization program, the TSM Pro- authorized inspection of tax returns or The PRESIDING OFFICER. The bill gram, a very expensive modernization tax return information; to the Commit- will be appropriately referred. program—and it will be another 3 or 4 tee on Finance. Mr. PRYOR. Mr. President, I am very years before completion—that will TAXPAYER BROWSING PROTECTION ACT proud that I was here at the moment completely modernize the IRS. We Mr. GLENN. Mr. President, this bill when Senator GLENN was introducing need protections like this and like the is entitled the Taxpayer Browsing Pro- his two proposals, especially the pro- protections the Senator from Arkansas tection Act. We have a problem. Crimi- posal on browsing by the Internal Rev- put the initiative on in putting it to- nal penalties and sanctions do cur- enue Service. gether. So he is to be complimented for rently apply when IRS employees look It has been my pleasure to have his efforts in times past on this. As he at taxpayer returns that they are not served as the chairman of the Finance said, he has T–2, the Taxpayer Bill of authorized to do for work purposes and Committee’s Committee on Oversight Rights II, which is being prepared. willfully disclose that information to of the Internal Revenue Service for a This bill I put in today is one that third parties. However, there is a nebu- period of years. During that period of covers one loophole that we had dis- lous loophole for when IRS employees time, I might say that the committee cerned was there and which the IRS engage in such browsing for their own in the House and the Senate, in their agreed we should close, and we are glad curious interests but do not disclose wisdom, did in fact adopt the 1988 Tax- the Senator from Arkansas is a cospon- that information to others. payers Bill of Rights. The Taxpayer’s sor because he did a lot of the original The bill that we are submitting here Bill of Rights was the very first piece work and deserves a lot of the credit today is based on recommendations by of legislation ever in the history of this for it. the IRS and the Department of Justice, Republic, or in the history of the Inter- which began looking at this issue fol- nal Revenue Service, to spell out the By Mr. HATCH: lowing hearings last year which pub- specific powers of the individual tax- S. 671. A bill to provide a fair and bal- licly disclosed this activity. This bill payer. anced resolution to the problem of would provide in the Internal Revenue We have now introduced something multiple imposition of punitive dam- Code that unauthorized inspection of we call T–2, Mr. President, which is the ages, and for other purposes; to the returns or return information is an of- taxpayers Bill of Rights II. Committee on the Judiciary. fense punishable by a fine not to exceed This legislation goes even several $1,000, or imprisonment of not more steps further in the protection of the THE MULTIPLE PUNITIVE DAMAGES FAIRNESS than 1-year, or both, together with rights afforded to the individual tax- ACT costs of prosecution. payer in this country. Mr. HATCH. Mr. President, I rise If the offense is committed by an of- Senator GLENN’s proposal is an an- today to introduce legislation which ficer or employee of the United States, swer to, and is a direct result of, testi- will at last deal with one aspect of one they are immediately fired upon con- mony which was unearthed and infor- of the most serious problems facing our viction. mation which has been gathered by civil justice system today—out of con- Third, it will clarify that the unau- Senator GLENN’s committee, his very trol punitive damage awards. thorized inspection, as well as the un- competent staff, on the issues and the Punitive damages constitute punish- authorized disclosure, of returns or re- alarming fact that, in the past—and ment and an effort to deter future egre- turn information is a violation of the maybe even in the present—certain gious misconduct. Punitive damages code’s confidentiality provisions for re- overzealous Internal Revenue Service are not awarded to make whole the vic- turns and return information. employees have taken the liberty to tim of wrongdoing. Punitive damages Mr. President, this bill addresses abuse the system by looking at individ- reform is not about shielding wrong- something that came out in our hear- ual taxpayer records and accounts and doers from liability, nor does such re- ings last year where we found that sharing those facts with other individ- form prevent victims of wrongdoing April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5149 from being rightfully compensated for the same act is an issue that can only tiple punitive damages for the same their damages. be addressed through Federal legisla- wrongful act in particular, raises great Safeguards are needed to protect tion. If only one State limits such concern about the fairness of punitive against abuse in the award of punitive awards, other States still remain free damages and their ability to serve the damages. In a 1994 opinion authored by to impose multiple punitive damages. purposes of punishment and deterrence Justice Stevens, the Supreme Court Accordingly, a Federal response is nec- for which they are intended. noted, ‘‘Punitive damages pose an essary. This past September, for example, a acute danger of arbitrary deprivation Mr. President, I hope Senators will State court let stand a multi-million- of property.’’ [Honda Motor Co. v. join me in supporting this initiative. dollar punitive damage award against Oberq, 114 S. Ct. 2331, 2340] an automobile distributor who failed to One particular problem is multiple By Mr. HATCH (for himself, Mr. inform a buyer that his new vehicle awards of punitive damages. While I do MCCONNELL, and Mr. THOMAS): had been refinished to cure superficial not argue that a person or company S. 672. A bill to provide a fair and bal- paint damage. The jury was allowed to that acts maliciously should not be anced resolution to the problem of assess damages for each of the nearly subject to punitive damages, it is nei- multiple imposition of punitive dam- 1,000 other vehicles that had been sold ther just nor fair for the repeated im- ages, and for the reform of the civil throughout the United States. position of punitive damages in several justice system; to the Committee on Conceivably, the company can still States for the same act or conduct, as the Judiciary. be sued for punitive damages in every our system currently permits. More- THE CIVIL JUSTICE FAIRNESS ACT other State where it sold one of its ve- over, exorbitant and out-of-control pu- Mr. HATCH. Mr. President, one of hicles for the same act. nitive damage awards have the effect the few things on which most Ameri- Moreover, multiple punitive damage of punishing innocent people as well: cans can agree today is the need for re- awards can hurt injured parties. Funds employees, other consumers and share- form of our civil justice system. In that would otherwise be available to holders. plain English, which is itself something compensate later victims can be wiped This is not a hypothetical problem. too often absent from our courthouses out at any early stage by excessive pu- This past September, for example, a and law offices, America’s civil justice nitive damage awards. A Federal re- State court let stand a multimillion system has gotten out of control. sponse is critical: if only one State dollar punitive damage award against In too many cases, the system fails limits such awards, other States still an automobile distributor who failed to to deliver justice to the parties. For remain free to impose multiple puni- inform a buyer that his new vehicle most Americans, rich or poor, private tive damages. Accordingly, my bill had been refinished to cure superficial citizen, small business person, or major limits these multiple punitive damage paint damage. corporation, the prospect of going to awards. The victim, a purchaser of a $40,000 court, regardless of the merits of the My legislation also addresses abuses BMW automobile, learned 9 months case, is about as welcome as root canal of punitive damages litigation. It in- after his purchase that his vehicle work or an IRS audit. cludes a heightened standard of proof might have been partially refinished. The litany of problems is no secret; to ensure that punitive damages are As a result of the discovery, he sued they include excessive legal fees and awarded only if there is clear and con- the automobile dealer, the North costs, dilatory and sometimes abusive vincing evidence that the harm suf- American distributor, and the manu- litigation practices, the increasing use fered was the result of conduct either facturer, for fraud and breach of con- of junk science as evidence, a veritable specifically intended to cause that tract. He also sought an award for pu- tidal wave of frivolous lawsuits by pris- harm, or carried out with conscious, nitive damages. He won and hit the on inmates, and a risk of unduly large flagrant indifference to the rights or jackpot. punitive damage awards. the safety of the claimant. At trial, the jury was allowed to as- The problems with our current civil This bill also provides that punitive sess damages for each of the partially justice system have resulted in several damages may not be awarded against refinished vehicles that had been sold perverse effects. First, all too often the the seller of a drug or medical device throughout the United States over a system fails to accomplish its most im- that received pre-market approval period of 10 years. As sought by the portant function—to compensate ade- from the Food and Drug Administra- plaintiff’s attorney, the jury returned a quately deserving plaintiffs. Second, it tion. verdict of $4,000 in compensatory dam- imposes unnecessarily high litigation Additionally, this legislation would ages and $4 million in punitive dam- costs on all parties—costs that are allow a bifurcated trial, at the defend- ages. passed along to consumers, to each and ant’s request, on the issue of punitive On appeal to the State supreme every American, in the form of higher damages and limits the amount of the court, the punitive damage award was prices for products and services we award to either $250,000 or three times reduced to $2 million, applicable to the buy—costs that ultimately harm our the economic damages suffered by the North American distributor. The U.S. Nation’s business competitiveness in claimant, whichever is greater. Supreme Court has accepted this case the increasingly global economy. This legislation would also limit a for review of the constitutionality of It’s time Congress faced up to the defendant’s joint liability for non- the $2 million punitive damage award. problem and enacted meaningful legis- economic damages. In any civil case I should note that this same defend- lation reforming our civil justice sys- for personal injury, wrongful death, or ant can be sued again and again for pu- tem, to eliminate its abuses and proce- based upon the principles of compara- nitive damages by every owner of a dural problems and to restore to the tive fault, a defendant’s liability for partially refinished vehicle. In fact, ac- American people a civil justice system non-economic loss shall be severable cording to defense counsel, the same deserving of their trust, confidence, only and shall not be joint. The trier of plaintiff’s attorney has filed 24 other and support. To achieve this goal, I am fact will determine the proportional li- similar lawsuits. today introducing the Civil Justice ability of each person, whether or not a Defendant and consumers are not the Fairness Act, along with Senators party to the action, and enter separate only ones hurt by excessive, multiple MCCONNELL and THOMAS. judgments against each defendant. punitive damage awards. Ironically, I would like to review the major pro- Another provision of this bill would other victims can be those the system visions of this legislation and to ex- shift costs and attorneys fees in cir- supposedly is intended to benefit, the plain how they would correct some of cumstances in which a party has re- injured parties themselves. Funds that the more serious problems in our jected a settlement offer, forcing the might otherwise be available to com- present civil justice system. litigation to proceed, and then ob- pensate later victims can be wiped out This legislation would address the tained a less favorable judgment. This at any early stage by excessive puni- problem of multiple punitive damage provision encourages parties to act rea- tive damage awards. awards. We all know that punitive sonably, rather than pursue lengthy The imposition of multiple punitive damage awards are out of control in and costly litigation. It allows a plain- damage awards in different States for this country. The imposition of mul- tiff or a defendant to be compensated S 5150 CONGRESSIONAL RECORD — SENATE April 4, 1995 for their reasonable attorneys fees and quired by law at the time of the claim- section would not apply to any action costs from the point the other party re- ant’s death. brought under a federal or state statute that jects a reasonable settlement offer. This legislation also allows States specifically mandates the amount of puni- Another reform included in this leg- the freedom to experiment with alter- tive damages to be awarded. Sec. 103: Uniform Standards for Award of islation is a provision aimed at abusive native patient compensation systems Punitive Damages. This section sets the fol- litigation practices. This bill restores based upon no-fault principles. The lowing uniform standards for the award of earlier provisions of rule 11 of the Fed- Secretary of Health and Human Serv- punitive damages in any State or Federal eral Rules of Civil Procedure, to make ices would award grants based on appli- Court action: (1) In general, punitive dam- sanctions for abusive litigation prac- cations by interested States according ages may be awarded only if the claimant es- tices mandatory, and to require attor- to enumerated criteria and subject to tablishes by clear and convincing evidence neys to make reasonable inquiries into enumerated reporting requirements. that the conduct causing the harm was ei- ther specifically intended to cause harm or the factual allegations before they file Persons or entities participating in such experimental systems may obtain carried out with conscious, flagrant indiffer- a pleading in court. This bill also ence to the rights or the safety of other per- eliminates the so-called safe harbor from the Secretary a waiver from the sons. (2) Punitive damages may not be rule that allows an offending party to provisions of this legislation for the awarded in the absence of an award of com- withdraw his offending pleading and duration of the experiment. The Sec- pensatory damages exceeding nominal dam- clarifies that sanctions would also retary would collect information re- ages. (3) Punitive damages may not be serve to compensate a prevailing party garding these experiments and submit awarded against a manufacturer or product seller of a drug or medical device which was under rule 11. an annual report to Congress, including an assessment of the feasibility of im- the subject of pre-market approval by the Another problem in our civil justice food and Drug Administration (FDA). This system that has been widely reported plementing no-fault systems, and legis- lative recommendations, if any. FDA exemption is not applicable where a is abuse in contingency fee cases. This party has withheld or misrepresented rel- Our court system, at both the Fed- bill encourages attorneys to disclose evant information to the FDA. (4) Punitive eral and State level, is facing an ever- fully to clients the hours worked and damages may not be pleaded in a complaint. mounting tide of lawsuits, many to- fees paid in all contingency fee cases. Instead, a party must establish at a pre-trial tally frivolous, filed by prison inmates. hearing that it has a reasonable likelihood of The bill calls upon the Attorney Gen- This bill improves the ability of our proving facts at trial sufficient to support an eral to draft model State legislation courts to dismiss nonmeritorious in award of punitive damages, and may then requiring such disclosure to clients. It forma pauperis claims and requires the amend the pleading to include a prayer for also requires the Attorney General to exhaustion of available administrative relief seeking punitive damages. (5) At the study possible abuses in the area of remedies in prisoner civil rights cases defendant’s request, the trier of fact shall contingency fees and, where such consider in separate proceedings whether pu- before a lawsuit is filed in court. Also, nitive damages are warranted and, if so, the abuses are found, to draft model State the bill requires that inmates bear at legislation specifically addressing amount of such damages. If a defendant re- least some of the cost of initiating liti- quests bifurcated proceedings, evidence rel- those problems. gation, by enabling the courts to re- evant only to the claim for punitive damages This legislation restricts the use of quire the payment of at least a partial may not be introduced in the proceeding on so-called ‘‘junk science’’ in the court- fee, or the payment of court fees in in- compensatory damages. Evidence of the de- room. This long overdue reform will stallments where the inmate cannot af- fendant’s profits from his misconduct, if any, improve the reliability of expert sci- ford the entire fee. is admissible, but evidence of the defendant’s entific evidence and permit juries to Mr. President, I ask for unanimous overall wealth is inadmissible in the pro- consider only scientific evidence that ceeding on punitive damages. (6) In any civil consent that a section-by-section de- action where the plaintiff seeks punitive is objectively reliable. scription of the bill be printed in the damages under this title, the amount award- This legislation also includes a provi- RECORD. ed shall not exceed three times the economic sion for health care liability reform. It I urge my colleagues to take a seri- damages or $250,000, whichever is greater. limits, in any health care liability ac- ous look at these problems within our This provision shall be applied by the court tion, the maximum amount of non- civil justice system. I believe this bill and shall not be disclosed to the jury. (7) economic damages that may be award- addresses these issues in a common This section applies to all civil actions in ed to a claimant to $250,000. This limit sense way, and I hope my colleagues which a trial has not commenced before the will join me in sponsoring this legisla- effective date of this Act. would apply regardless of the number Sec. 104: Effect on Other Law. This section of parties against whom the action is tion. specifies that certain state and federal laws brought, and regardless of the number There being no objection, the mate- are not superseded or affected by this legisla- of claims or actions brought. To avoid rial was ordered to be printed in the tion. Choice-of-law and forum nonconveniens prejudice to any parties, the jury RECORD, as follows: rules are similarly unaffected. would not be informed about the limi- SECTION-BY-SECTION DESCRIPTION OF THE TITLE II—SEVERAL LIABILITY CIVIL JUSTICE FAIRNESS ACT tations on noneconomic damages. Sec. 201: Several Liability for Non- TITLE I—PUNITIVE DAMAGES REFORM This legislation would also establish economic Loss. This section limits a defend- a reasonable, uniform statute of limi- Sec. 101: Definitions. This section defines ant’s joint liability for non-economic dam- tations for the bringing of health care various terms and phrases used in Title I of ages. In any civil action for personal injury, liability actions. the bill. wrongful death, or based upon principles of Sec. 102: Multiple Punitive Damages Fair- comparative fault, a defendant’s liability for Further, if damages for losses in- ness. This section generally prohibits the curred after the date of judgment ex- noneconomic loss shall be several only and award of multiple punitive damages. With shall not be joint. The trier of fact will de- ceed $100,000, the court shall allow the one exception, it prevents courts from termine the proportional liability of each parties to have 60 days in which to ne- awarding punitive damages based on the person, whether or not such person is a party gotiate an agreement providing for the same act or course of conduct for which pu- to the action, and enter separate judgments payment of such damages in a lump nitive damages have already been awarded against each defendant. sum, periodic payments, or a combina- against the same defendant. Under the ex- ception, an additional award of punitive TITLE III—CIVIL PROCEDURAL REFORM tion of both. If no agreement is damages may be permitted if the court de- Sec. 301: Sanctions for Abusive Litigation reached, a defendant may elect to pay termines in a pretrial hearing that the Practices. This section restores key provi- the damages on a periodic basis. Peri- claimant will offer new and substantial evi- sions to Federal Rule of Civil Procedure 11. odic payments for future damages dence of previously undiscovered, additional It requires a party to conduct a reasonable would terminate in the event of the wrongful behavior on the part of the defend- pre-filling inquiry into allegations and fac- claimant’s return to work, or upon the ant, other than injury to the claimant. In tual assertions contained in a pleading or claimant’s death. There is an exception those circumstances, the court must make motion, and makes the issuance of sanctions for the portion of such payments allo- specific findings of fact to support the award, for frivolous or abusive tactics mandatory must reduce the amount of punitive damages rather than permissive. It also gives the cable to future earnings, which shall be awarded by the amounts of prior punitive courts wider latitude to impose sanctions on paid to any individual to whom the damages based on the same acts, and may attorneys for filing abusive pleadings by claimant owed a duty of support imme- not disclose to the jury the court’s deter- eliminating the so-called ‘‘safe harbor’’ rule. diately prior to death, to the extent re- mination and action under the section. This The safe harbor rule allows a party moved April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5151 against to withdraw the offending pleading the number of parties against whom the ac- mines that a prisoner is unable to pay the within 21 days of a Rule 11 motion—an indul- tion is brought, and regardless of the number total fees. This section also requires that, gent free bite at the apple. The section also of claims or actions brought. The jury shall where a prisoner files an in forma pauperis af- clarifies that the purpose of sanctions is to not be informed about the limitations on fidavit, the prisoner must also file (1) an affi- deter repetition of abusive litigation prac- noneconomic damages. davit listing the prisoner’s assets, and (2) a tices and to compensate a party injured by Sec. 402: Uniform Statute of Limitations. statement, signed by prison officials, speci- the conduct. This section provides a reasonable uniform fying the prisoner’s income and assets during Sec. 302: Trial Lawyer Accountability. This statute of limitations for health care liabil- the preceding year. section contains two major provisions. The ity actions, with one exception for minors. Sec. 502: Improving Courts’ Abilities to first provides that it is the sense of the Con- The general rule is that an action must be Dismiss Nonmeritorious Claims. This section gress that each State should require attor- brought within two years from the date the improves courts’ abilities to dismiss neys who enter into contingent fee agree- injury and its cause was or reasonably nonmeritorious in forma pauperis claims by ments to disclose to their clients the actual should have been discovered, but in no event permitting courts to dismiss such claims at services performed and hours expended in can an action be brought more than six years any time where the allegation of poverty is connection with such agreements. The sec- after the alleged date of injury. This section untrue, where those claims are frivolous or ond provision directs the Attorney General also allows an exception for young children. malicious, where the complaint fails to state to study and evaluate contingent fee awards The rule for children under six years of age a claim on which relief can be granted, or and their abuses in State and Federal court; is that an action must be brought within two where the claim is insubstantial in that the to develop model legislation to require attor- years from the date the injury and its cause plaintiff suffered no injury or an insubstan- neys who enter into contingency fee agree- was or reasonably should have been discov- tial injury. ments to disclose to clients the actual serv- ered, but in no event can an action be Sec. 503: Exhaustion of Administrative ices performed and hours expended, and to brought more than six years after the al- Remedies in Prisoner Litigation. This sec- curb abuses in contingency fee awards based leged date of injury or the date on which the tion amends Section 7 of the Civil Rights of on the study; and to report the Attorney child attains 12 years of age, whichever is Institutionalized Persons Act to require the General’s findings and recommendations to later. exhaustion of available administrative rem- Congress within one year of enactment. Sec. 403: Periodic Payment of Future Dam- edies where a prisoner files a lawsuit under Sec. 303: Honesty in Evidence. This section ages. This section allows for the periodic 42 U.S.C. § 1983. It also makes minor changes amends Federal Rule of Evidence 702 to re- payment of large awards for losses accruing in the assessment of whether administrative form the rules regarding the use of expert in the future. If damages for losses incurred remedies are adequate, to grant greater testimony. It clarifies that courts retain after the date of judgment exceed $100,000, flexibility to the Attorney General. Cur- substantial discretion to determine whether the court shall allow the parties to have 60 rently, courts are required to continue a case the testimony of an expert witness that is days in which to negotiate an agreement for no longer than 90 days to allow a prisoner premised on scientific, technical, or medical providing for the payment of such damages to exhaust his administrative remedies. Pris- knowledge is based on scientifically valid in a lump sum, periodic installments, or a oners often merely wait out the time period reasoning, is sufficiently reliable, and is suf- combination of both. If no agreement is and make no effort to pursue an administra- ficiently established to have gained general reached within those 60 days, a defendant tive remedy. Thus, this section requires ex- acceptance in the particular field in which it may elect to pay the damages on a periodic haustion of a prisoner’s plain, speedy, and ef- belongs. The section codifies the standard for basis. The court will determine the amount fective administrative remedy. admissibility of expert testimony enunciated and periods for such payments, reducing TITLE VI—MISCELLANEOUS PROVISIONS in Daubert v. Merrell Dow Pharmaceuticals, amounts to present value for purposes of de- Inc., 113 S. Ct. 2786 (1993). It also restores the termining the funding obligations of the in- Sec. 601: Federal Cause of Action Pre- common law Frye rule that requires that sci- dividual making the payments. Periodic pay- cluded. This section provides that the bill entific evidence have ‘‘general acceptance’’ ments for future damages terminate in the does not provide any new basis for federal in the relevant scientific community to be event of the claimant’s recovery or return to court jurisdiction. The resolution of punitive admissible. This section further clarifies work; or upon the claimant’s death, except damages claims is left to state courts or to that expert witnesses have expertise in the for the portion of the payments allocable to federal courts that currently have jurisdic- particular field on which they are testifying. future earnings which shall be paid to any tion over those claims. Finally, this section mandates that the tes- individual to whom the claimant owed a Sec. 602: Effective Date. Except as other- timony of an expert retained on a contin- duty of support immediately prior to death wise provided, this section provides that this gency fee basis is inadmissible. to the extent required by law at the time of Act shall be effective 30 days after the date Sec. 304: Fair Shifting of Costs and Reason- death. Such payments shall expire upon the of its enactment and shall apply to all civil able Attorney Fees. This section modifies death of the last person to whom a duty of actions commenced on or after that date, in- Federal Rule of Civil Procedure 68 to allow support is owed or the expiration of the obli- cluding actions in which the harm occurred either party, not just the defendant, to make gation pursuant to the judgment for periodic before the effective date of this Act. a written offer of settlement or to allow a payments. judgment to be entered against the offering Sec. 404: Non-Fault Based Patient Com- By Mrs. KASSEBAUM (for her- party. It expands the time period during pensation System Demonstration Project. self, Mr. INOUYE, Mr. DOMENICI, which an offer can be made from 10 days be- This section allows states to experiment and Mr. STEVENS): fore trial to any time during the litigation. with alternative patient compensation sys- S. 673. A bill to establish a youth de- If within 21 days the offer is accepted, a judg- tems based upon no-fault principles. Grants velopment grant program, and for ment may be entered by the court. If, how- shall be awarded by the Secretary of Health other purposes; to the Committee on ever, a final judgment is not more favorable and Human Services based on applications to an offeree than the offer, the offeree must made by interested states according to enu- Labor and Human Resources. pay attorney fees and costs incurred after merated criteria and subject to enumerated THE YOUTH DEVELOPMENT COMMUNITY BLOCK the time expired for acceptance of the offer. reporting requirements. Persons or entities GRANT ACT OF 1995 Thus, this is not a true ‘‘loser pays’’ provi- involved in the demonstrations involved may ∑ Mrs. KASSEBAUM. Mr. President, I sion where a loser pays the winner’s attor- obtain a waiver from the Secretary from the introduce the Youth Development ney’s fees, but rather a narrower attorney provisions of this Title for the duration of Community Block Grant Act of 1995 on fee- and cost-shifting idea applicable only the experiment, which shall be not greater behalf of myself, Senator DOMENICI, when a party has made an offer of settlement than five years. The Secretary shall collect or judgment. This section also significantly information regarding these experiments and Senator INOUYE, Senator STEVENS. The expands the definition of recoverable costs. submit an annual report to Congress includ- purpose of this initiative is to reallo- Currently, costs are narrowly defined and do ing an assessment of the feasibility of imple- cate existing Federal funding for pre- not create enough of a financial incentive for menting no-fault systems and legislative ventive youth program into a more ef- a party to make an offer that allows judg- recommendations, if any. fective and cohesive network of com- ment to be entered. Finally, this section also Sec. 405: Definitions. This section defines munity-based youth development serv- allows a party to make an offer of judgment various terms and phrases used in Title IV of ices for 6- to 18-year-olds. after liability has already been determined the bill. The United States has concentrated but before the amount or extent has been ad- TITLE V—CONTROL OF ABUSIVE PRISONER most of its efforts on behalf of youth judged. LITIGATION TACTICS TITLE IV—HEALTH CARE LIABILITY REFORM on specific problems that have cap- Sec. 501: Reform of In Forma Pauperis De- tured the attention of the American Sec. 401: Limitations on Noneconomic terminations. This section reforms in forma Damages. In any health care liability action pauperis determinations by permitting public. This well-intentioned response the maximum amount of noneconomic dam- courts to require a prisoner to make either has had two major results: First, the ages that may be awarded to a claimant is partial payment of fees or the payment of creation of a maze of narrowly defined $250,000. This limit shall apply regardless of fees in installments where the court deter- categorical programs to address the S 5152 CONGRESSIONAL RECORD — SENATE April 4, 1995 specific needs of a particular popu- proving the quality of community- Can serve as a catalyst in building strong- lation; and second, a lack of local flexi- based youth development programs and er communities to support children and their bility in determining how best to re- improving the capacity of communities families spond to the needs of youth in the com- to design and deliver successful serv- FEATURES OF THE YOUTH DEVELOPMENT munity. These two factors, combined ices for our youth. COMMUNITY BLOCK GRANT with our concern about the increasing The YDCBG was developed in con- Community control of local programs vulnerability of the American family, junction with the National Collabora- This legislation supports the idea that the have lead to the development of the tion for Youth, a 15-member coalition best place to design and implement youth Youth Development Community Block of major youth-serving organizations. programs is within the community. When Grant Act. These organizations collectively pro- created within the context of the community The central goal of the youth devel- vide direct services to over 25 million and by a partnership of community mem- opment community block grant children and youth each year. bers, the programs can draw upon the strengths of existing resources and address [YDCBG] is to promote and support Members of the National Collabora- the specific needs of the youth living there. positive youth development. The bill tion for Youth endorsing the Youth De- All YDCBG-funded programs must address will fund services focused on preven- velopment Community Block Grant community youth development priorities as tion—programs that help children and Act include: the American Red Cross, defined by the Local Board; recognize the youth develop the values and life skills Association of Junior Leagues Inter- role of the family in youth development; in- they need to succeed. It reflects the be- national, Big Brothers/Big Sisters of volve parents, youth, and community leaders lief of leaders in the field of youth de- America, Boy Scouts of America, Boys in the program; coordinate services with velopment, including the Carnegie and Girls Clubs of America, Camp Fire other programs in the community; and es- Council on Adolescent Development Boys and Girls, Child Welfare League tablish process and outcome objectives re- sponding to local needs. and the Center for Youth Development of America, 4-H-Extension Service, Girl and Policy Research, that youth pro- Scouts of the USA, Girls Inc., National Focus on prevention rather than crisis interven- tion grams should address the social, moral, Network of Runaway and Youth Serv- emotional, and physical development ices, The Salvation Army, WAVE Inc., The second part of the equation is that it is important to redirect resources to preven- of youth, in addition to their ability to YMCA of the USA, and YWCA of the tion activities. Most government funds are think and reason. USA. focused on solving problems rather than pre- Likewise, the legislation reflects the While these and other community- venting problems from occurring. There are strong consensus among these experts based youth organizations are provid- a variety of activities which help youth de- that youth development services ing important services to millions of velop their social, emotion, and physical should focus on the needs of youth in youth, millions more go unserved or abilities, along with their ability to think general, rather than segregate them underserved. It is critical that the ex- and reason. These activities can involve into various categories of risk. It also isting Federal dollars allocated for mentoring, sports and recreation, peer coun- seling, youth clubs, leadership development, emphasizes the use of participatory, youth prevention be used in the most educationally based youth employment, and hands-on-techniques which have been effective and efficient way—to build a a variety of other non-academic pursuits. shown to be effective in getting youth cohesive network of locally driven youth development programs provide youth involved and interested in learning services and programs. with hands on, active way to learn life skills critical life skills. The legislation authorizes the youth which will help them make a successful tran- Rather than wait until young people development community block grant sition from childhood to adulthood. are in crisis, this legislation will fund for 3 years at $2 billion per year. This In addition, because these activities are preventive services. Rather than forc- authorization level represents a 10-per- not focused on correcting a specific problem, but on providing basic life skills, the pro- ing service providers to define the cent savings over current Federal grams do not need to be restricted to ‘‘high needs of a youth to conform to the lab- spending for the various programs con- risk’’ youth or a special target population. yrinth of rules and regulations of a cat- solidated under the YDCBG, the sum of Local communities and youth development egorical program, they can identify the the fiscal year 1995 appropriations for agencies may choose to focus the activities youth’s needs based on what is actually existing programs combined with the on a special group of children and youth, needed. The youth development com- estimated appropriations level for such as low-income or at risk youth, in re- munity block grant represents a com- crime bill programs aimed at youth sponse to a particular need of the commu- prehensive, coordinated approach to prevention, less 10 percent. nity. youth and to funding community-based I hope other Members of the Senate Funds go Directly to Communities services. join with us as cosponsors of the Youth Nearly 95% of the YDCBG funds are fun- The YDCBG incorporates many of Development Community Block Grant neled directly to local communities; states the principles which policymakers and Act. serve as a pass through and monitoring Mr. President, I ask unanimous con- mechanism. Through a planning and priority service providers have identified as setting process, local communities deter- necessary for effective Federal support sent that additional material be print- mine the types of activities which will be for community-based human services— ed in the RECORD. funded and who will provide those services. local control, flexibility, coordination, There being no objection, the mate- Program accountability is demonstrated by and accountability. rial was ordered to be printed in the measuring the community’s progress in Most existing youth development RECORD, as follows: meeting goals set in the planning and prior- programs are provided not by govern- SUMMARY—YOUTH DEVELOPMENT COMMUNITY ity setting process. This provides commu- nities broad flexibility to define local prior- ment agencies but by community-based BLOCK GRANT ities and support local initiatives, while at The Youth Development Community Block organizations. The youth development the same time encouraging community part- Grant (YDCBG) is an effort to reallocate ex- community block grant builds on the nerships comprehensive planning, and serv- isting federal funding for preventive youth strength, credibility, and expertise of ice integration. programs into a more effective and efficient existing community-based resources. Existing funds are consolidated into a cohesive There is a broad and growing consen- response to the needs of young people, aged 6–18. The goal of youth development pro- strategy sus among youth policy experts about grams is helping children and youth learn Funding for the YDCBG is drawn from ex- the importance of increased invest- the life skills which they need to succeed. isting federal youth prevention programs. ment in positive youth development This legislation establishes a community The majority of existing youth development programs. For example, in major stud- driven, coordinated network of positive and prevention programs are funded through ies, both the Chaplin Hall Center for youth development to accomplish this goal. categorical grants awarded on a discre- Children at the University of Chicago In short, the youth development commu- tionary basis by the federal agency admin- and the Carnegie Council have con- nity block grant: istering the initiative. These categorical cluded that, if youth are to succeed, Is community-based and flexible, with pro- programs are designed to respond to an iden- gram accountability tified problem such as substance abuse or there must be a well-developed infra- Invests money in prevention rather than teen pregnancy. The YDCBG recognizes that structure of youth development serv- crisis intervention those problems are symptoms not only of ices in their communities. Provisions Transforms current categorical programs youth but of an ineffective service delivery in the legislation concentrate on im- into a cohesive network system—and that the new funding structure April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5153 must transform the current potpourri of nar- Drug Free and Safe Schools and Commu- funded under this Act; and shall submit re- rowly defined categorical programs into a nities—Emergency Grants. ports to the President and Congress. cohesive community based strategy for Department of Justice-Office of Juvenile Section 9: Repeals: Section 9 enumerates youth. Current budget constraints demand Justice and Delinquency Prevention: provisions of law which are repealed by the that existing federal funds be more effi- Youth Gangs. Act. Several provisions in the Violent Crime ciently administered and more effectively Juvenile Mentoring. Control and Law Enforcement Act of 1994 are used. Delinquency Prevention Grants. repealed, along with several Department of Although the legislation includes the re- From the Crime bill: Education Programs. Various provisions peal of several federal initiatives, a ‘‘grand- Ounce of Prevention Council. from other programs are also repealed. father’’ clause in the bill permits commu- Local Crime Prevention Block Grant Pro- Section 10: Conforming Amendments: Sec- nities to continue funding for any local pro- gram. tion 10 sets forth conforming amendments in gram currently receiving funding from the Family and Community Endeavor Schools the Elementary and Secondary Education repealed programs. While the federal admin- Grant Program. istration and legislation will be terminated, Assistance for Delinquent and At-Risk Act of 1965, the Anti-Drug Abuse Act of 1988, the programs themselves can continue to op- Youth. the Job Training Partnership Act, and the erate at the community level—where the Local Partnership Act. National School Lunch Act. service is delivered. Urban Recreation and At-Risk Youth. Section 11: Transfer of Funds: Section 11 Funds will be allocated based on a formula, Gang Resistance Education and Training. outlines the transfer of funds. The total rather then good grantwriting skills The $2 billion authorization amount for amount of funds shall be transferred to the budget account for this Act. Any amounts in The majority of programs consolidated the YDCBG is the sum of the fiscal year 1995 the budget account that exceed $2,000,000,000 within the YDCBG are currently distributed appropriations for existing programs com- shall be returned to the Treasury of the through the discretionary grant process. Dis- bined with the estimated appropriations for tribution among states and communities the crime bill programs less 10%. United States.∑ varies widely and is determined, in large ∑ Mr. DOMENICI. Mr. President, I am YOUTH DEVELOPMENT COMMUNITY BLOCK part, by the grantwriting skills of the grant- GRANT ACT OF 1995—SECTION-BY-SECTION pleased to join the Senator from Kan- ees. Through a formula based allocation of DESCRIPTION sas, the distinguished chairwoman of YDCBG funds, every county will receive the Senate Labor Committee, and the some level of funding for youth development Section 1: Short Title; Table of Contents: activities. This allocation formula gives This section contains the table of contents Senator from Hawaii as an original equal weight to the size of the youth popu- for the Youth Development Community sponsor of this legislation. Senator lation aged 6–18, the proportion of the youth Block Grant Act of 1995. KASSEBAUM has summarized what is in population living below the poverty line, and Section 2: Findings: Section 2 enumerates this bill far more eloquently that I can, increases in the rate of serious juvenile Congressional findings for the Youth Devel- opment Community Block Grant Act of 1995. so I won’t bother to summarize this crime. A small state minimum and set aside bill section-by-section. But I would for Native American populations is included Section 3: Purposes: The purpose of this in the legislation. Act is set forth in Section 3. The Act is de- like to take a moment to review the signed to create a single, comprehensive Administrative structures are streamlined provisions of this bill that I think de- Federal strategy for community-based youth serve special attention. The primary administrative structure of development services, and to support com- It has become especially obvious in the YDCBG is the Local Board. This Board, munities in designing community strategic appointed jointly by the Chief Executive Of- plans for worthwhile youth development. recent years that there is no such thing ficer of the County and a representative of Section 4: Definitions: Section 4 defines all as one size fits all when it comes to the local youth development community, is relevant terms and phrases referred to in the providing services to youth. Many of responsible for setting the goals, determin- Act. the programs we have put into place ing strategies for achieving those goals, and Section 5: Distribution of Funds: Section 5 have the same noble intention of pro- distributing funds for youth development authorizes appropriations up to $2,000,000,000 viding services to children and youth services in the community. The state serves per fiscal year 1996 through 1998. This appro- as a pass through for distributing funds to priation is to be allocated in the following who need them, but vary in their ap- counties based on the federal allocation for- manner: 95.5 percent for allotments to States proaches to delivery. Some programs mula. In addition, the state is responsible for (for distribution to the community boards); work very well, others less so. Youth basic monitoring, reporting and technical as- 1.5 percent for grants to Native American or- who qualify for one program out of the sistance functions to assist the counties im- ganizations; and 3 percent for activities by Department of Labor may not nec- plementation of the act. The federal role in the Administration for Children and Fami- essarily qualify for a program out of the YDCBG consists of program oversight as lies. The formula for distributing the funds well as state and local capacity building to states and to counties equally weights the Department of Human Services. through technical assistance, and research- three factors—youth population, level of Additionally, we have front-loaded the based demonstration projects. poverty, and increases in violent juvenile process with countless regulations to Provisions in the bill promote the use of crime since 1990. be followed and forms and applications existing administrative structures on the Section 6: Community Youth Development to be completed. As a result, our good federal, state, and local levels. Multi-county Board: Section 6 establishes a Community and other partnership efforts are encouraged. intentions are often followed with con- Youth Development Board and a fusing procedure and time-consuming Sources for federal funding of the YDCBG multicounty Community Board. These Department of Health and Human Serv- boards shall prepare and submit to the State oversight and management procedures. ices: a community strategic plan for youth devel- Plainly, the current system is not de- Youth Gang Prevention Program. opment, shall be responsible for establishing livering. National Youth Sports Program. monitoring and evaluation procedures; and Our bill is based upon two encroach- Demonstration Partnership Program. shall award grants. This section also sets ing realities. First, that many of the Community Coalition Demonstration forth guidelines for the composition, admin- problems in our current system are not Projects to Support HHS Needs for Minority istration, and duties of community boards. Males. Section 7: Duties of the State: State re- always due to the nature of the popu- Demonstration Grants for the Prevention sponsibilities are set forth in Section 7. lation served, but because of an ineffec- of Alcohol and Other Drug Abuse among These duties include the designation of a tive, confusing, contradictory, or over- High Risk Youth. state entity to administer and conduct State whelming method of delivering serv- Drug Abuse Prevention for Runaway and activities; the development of a mechanism ices. Second, that States and local Homeless Youth. through which to process information, co- communities know best what works Drug Abuse Prevention and Education Re- ordinate activities, assess program effective- best in their States and local commu- lating to Youth Gangs. ness, and for the preparation and submission Department of Labor: Summer Youth Em- of an annual report. nities. Clearly, a new approach to de- ployment and Training Program. Section 8: Duties of the Assistant Sec- livering these services is needed. Department of Education: retary: This section specifies duties of the With this in mind, we did not ap- School Drop-Out Demonstration Assist- Assistant Secretary. The Assistant Sec- proach this problem with the intent of ance. retary shall establish and implement a block granting a number of Federal Drug Free and Safe Schools and Commu- mechanism to receive information necessary programs just for the sake of block nities National Programs. to improve the effectiveness of Federal Drug Free and Safe Schools and Commu- youth development activities. Moreover, the granting. I know there are some who nities—State Grants. Assistant Secretary shall issue national pol- question the wisdom of block-granting Drug Free and Safe Schools and Commu- icy goals and a national strategic plan; shall programs, and I share the view that nities—Regional Centers monitor, evaluate, and coordinate activities there are some programs which, due S 5154 CONGRESSIONAL RECORD — SENATE April 4, 1995 to their comprehensive nature, do not tive American, Hawaiian, and Alaskan allowing the communities to continue belong in a block grant. The issue is populations to ensure that the young funding for any local program cur- one of appropriateness—we should not people in these populations will con- rently in place, but without the Fed- lump together programs which are un- tinue to receive services. I know Sen- eral administration. related or serve substantially different ator KASSEBAUM worked closely with Now, in all the talk about block populations, or deliver unrelated serv- members of the Indian Affairs Commit- grants, there is always the concern ices. In other words, don’t block grant tee on this language, including the dis- that we will be letting the States have your apples with your oranges. tinguished ranking member who is completely free reign, with no account- I am pleased, therefore, that our leg- sponsoring this legislation with us, and ability, and therefore States will be islation focuses on block granting ap- I appreciate that committee’s assist- spending the money from block grants propriate, and related, programs. These ance in this matter as well. on unrelated items. I want to assure are programs with overlapping jurisdic- Unlike the current system, the funds my colleagues and anyone listening tions or which duplicate programs made available under this block grant that this cannot happen under our bill. available in other agencies. And, un- are not targeted at a narrowly defined Funds must be spent on youth develop- like some proposals that often set our group of young people. The non-tar- ment programs in the State. Period. phones to ringing, the bill consolidates geted nature of this block grant means Also, we will maintain some—minimal, apples only with apples. The block that communities do not necessarily but some—oversight of the program, as grant established under this legislation have to target their programs to only well as assisting the States in training would consolidate funding from exist- at-risk, or only high-risk, or only no- and technical assistance, as needed. ing Federal youth prevention pro- risk youth. Rather, they can develop It has become alarmingly obvious grams. The list isn’t long, and it may programs that serve all the youth in that we will be unable to continue to even turn out that we didn’t include a their community. These activities can fund programs at their existing rate of program in here that others may think be as broad or as narrow as the commu- growth. However, we believe that under should be included. So, I think if you nity chooses. our proposed delivery system, States look carefully at what we have in- Another objective of this legislation will be able to perform more with less cluded in this block grant, you will see is to provide for our young people be- funding. The funding authorized for that we did not create a block grant fore they become lost in the system. this program is based on the current just because everyone is doing it. We Under our current system, we focus our authorization levels for the 23 pro- were very careful in the programs we efforts mainly on solving an existing grams we consolidate, minus 10 per- chose. problem. Now, I would certainly agree cent. That amounts to $2 billion. That We are proposing a much simpler ap- that there is an appropriate role for is not a huge reduction in funding, and proach to delivering services to young the Government in this area, but I do we believe that without having to people, and one that gives communities not think I exaggerate when I say that worry about complying with the strict a much greater voice in determining many of our programs are the equiva- letter of the law, without having to what services are appropriate in their lent of ambulance chasing. We seem to worry about complying with regulation area. We are rejecting the current prac- always arrive after the fact to help after regulation, and without having to tice of moving funding for youth pro- pick up the pieces. worry about reams of paperwork, the grams through a number of assistant Again, I agree that this is an impor- States will find they can continue to secretaries at the Federal and State tant function of Government—and our deliver services at their current rate, level, then gluing on layer after bur- bill would certainly not prevent com- and may surprise themselves in finding densome layer of regulations from a munities from operating these kinds of they can do even more. number of different agencies onto those programs—but I think we serve our Finally, I want to acknowledge a funds. Instead, our bill would ensure children and our communities better if number of groups who are lending their that money flows directly to the we focus our efforts on preventing support to this legislation, and who States—and then directly to commu- problems from occurring in the first have been very helpful during this nities—and not to the Federal Govern- place. Therefore, our bill is heavily process. My thanks go especially to the ment. Ninety-five percent of the funds tilted toward preventative programs, Boys and Girls Club of America, Big available under this bill go directly to and would consolidate funding from a Brothers/Big Sisters, the American Red local communities, who know best number of prevention programs under Cross, YMCA, YWCA, and the Boy what their specific needs are. the jurisdictions of Labor, Health and Scouts of America. These are groups I The State would serve mainly as a Human Services, Education, and Jus- have worked with closely on my efforts flow-through point, with an appro- tice. with the Character Counts Coalition, priate entity in place to administer Let me reassure my colleagues that and their support for this effort means and conduct a few activities, including there is no hidden agenda here. We are as much to me as it does for my efforts monitoring, reporting, and technical not out to get any one of these pro- with Character Counts. I look forward assistance to counties. Administration grams. In fact, I have been a staunch to continuing to work with them. of the program is left largely to local supporter of many of the programs I believe ours is a responsible ap- boards, which would be appointed in block granted in this bill, including the proach that can work. I encourage my each community by the chief executive National Youth Sports Program under colleagues to give it a chance to do so.∑ officer of the county and a representa- the Department of Health and Human tive of the local youth development Services, the Summer Youth Employ- By Mr. EXON (for himself, Mr. community. These boards would deter- ment and Training Program under the DORGAN, Mr. KERRY, and Mr. mine the goals of the programs within Department of Labor, and Safe and MOYNIHAN): their community, how the community Drug Free Schools under the Depart- S. 674. A bill entitled the ‘‘Rail In- would pursue these goals, and then dis- ment of Education. However, I’m cer- vestment Act of 1995’’; to the Commit- tribute the funds for the youth devel- tain there are some in New Mexico lis- tee on Commerce, Science, and Trans- opment services in the community. tening to me right now who are saying, portation. Further, the funds for this program ‘‘Wait a moment, Senator—you’re pro- are allocated to the States by formula, posing to put into your block grant a RAIL INVESTMENT ACT not through a discretionary grant proc- program that we already have. What Mr. EXON. Mr. President, I am ess. We have found this approach is one will happen to our program?’’ The an- pleased to introduce the Rail Invest- that works in other large grants, such swer to that is, nothing. The purpose of ment Act of 1995. This legislation will as the Community Development Block this bill is to let communities continue ensure that America’s rail infrastruc- Grant. A formula ensures that every to make available and expand upon the ture continues to meet the needs of the State, regardless of size or grant-writ- kinds of services these programs pro- Nation. This bill is an update version ing ability, will receive some funding vide, but without the Federal Govern- of S. 2002 which the Senate Commerce for their youth programs. We have also ment peeking over their shoulders. We Committee unanimously approved last included a mandatory set-aside for na- have grandfathered existing programs, year and combines several important April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5155 rail initiatives including the reauthor- The bill also includes the text of leg- Arkansas [Mr. BUMPERS], the Senator ization of Amtrak, the reauthorization islation I introduced with Senators from Nebraska [Mr. KERREY], the Sen- of the Local Rail Freight Assistance DASCHLE, PRESSLER, HARKIN, CONRAD, ator from Nevada [Mr. REID], the Sen- Program and other rail initiatives of KERREY, and DORGAN last year to reau- ator from Illinois [Ms. MOSELEY- critical importance to a number of thorize the Local Rail Freight Assist- BRAUN], the Senator from South Caro- Members of the Senate. ance Program [LRFA] for $30 million lina [Mr. HOLLINGS], and the Senator The bill before the Senate takes into each year. In addition, the LRFA Pro- from Louisiana [Mr. JOHNSTON] were account the cost-saving measures gram is amended to give authorization added as cosponsors of S. 641, a bill to taken by the Amtrak Board and in- for emergency appropriations, and to reauthorize the Ryan White CARE Act cludes new provisions to help Amtrak add explicit language to permit LRFA of 1990, and for other purposes. generate more nontax revenues money to be used for crossing closures S. 644 through advertising, concessions and and upgrades. At the request of Mr. CAMPBELL, the intermodal coordination with Ameri- I urge my colleagues to endorse this name of the Senator from Florida [Mr. ca’s bus companies. I know that this much needed legislation. GRAHAM] was added as a cosponsor of S. legislation is a starting place and not a f 644, a bill to amend title 38, United finishing place. Many painful choices States Code, to reauthorize the estab- ADDITIONAL COSPONSORS regarding Amtrak are just around the lishment of research corporations in bend. With a few modifications, how- S. 240 the Veterans Health Administration, ever, it is where the Senate left off last At the request of Mr. DOMENICI, the and for other purposes. year. name of the Senator from Virginia [Mr. S. 650 As the former chairman of the Sur- WARNER] was added as a cosponsor of S. At the request of Mr. SHELBY, the face Transportation Subcommittee, I 240, a bill to amend the Securities Ex- name of the Senator from Minnesota am proud of the work we did last year. change Act of 1934 to establish a filing [Mr. GRAMS] was added as a cosponsor I have updated the effort to reflect the deadline and to provide certain safe- of S. 650, a bill to increase the amount new political and financial realities guards to ensure that the interests of of credit available to fuel local, re- which face both Amtrak and this body. investors are well protected under the gional, and national economic growth The Senate Commerce Committee implied private action provisions of the by reducing the regulatory burden im- held a very good hearing on Amtrak act. posed upon financial institutions, and and it is clear to me that there contin- S. 351 for other purposes. ues to be strong bipartisan support for At the request of Mr. HATCH, the SENATE RESOLUTION 91 a national passenger rail system. I look name of the Senator from Delaware forward to working with both the new At the request of Mr. PELL, the name [Mr. ROTH] was added as a cosponsor of of the Senator from Illinois [Mr. chairman of the full committee and the S. 351, a bill to amend the Internal subcommittee to assure that Amtrak SIMON] was added as a cosponsor of Revenue Code of 1986 to make perma- Senate Resolution 91, a resolution to has a future. nent the credit for increasing research The key features of the Rail Invest- condemn Turkey’s illegal invasion of activities. Northern Iraq. ment Act include: S. 360 AMENDMENT NO. 425 First, an addition to the Amtrak At the request of Mr. SMITH, the At the request of Mr. PRESSLER, the mission statement that Amtrak should name of the Senator from Alaska [Mr. name of the Senator from Arizona [Mr. treat all passengers with respect, cour- STEVENS] was added as a cosponsor of KYL] was added as a cosponsor of tesy, and dignity and that Amtrak S. 360, a bill to amend title 23, United amendment No. 425 proposed to H.R. should manage its capital investment States Code, to eliminate the penalties 1158, a bill making emergency supple- to provide world class service; imposed on States for noncompliance mental appropriations for additional Second, a study of proposed changes with motorcycle helmet and auto- disaster assistance and making rescis- of the State-requested service program; mobile safety belt requirements, and sions for the fiscal year ending Sep- Third, a renewal of the authorization for other purposes. for the Northeast Corridor Improve- tember 30, 1995, and for other purposes. S. 390 ment Program [NECIP]; f At the request of Mr. BIDEN, the Fourth, a technical amendment to name of the Senator from Maryland settle a title problem for Reno, NV, SENATE CONCURRENT RESOLU- [Ms. MIKULSKI] was added as a cospon- rail properties; TION 10—RELATIVE TO EASTERN sor of S. 390, a bill to improve the abil- Fifth, the Missouri River Corridor AND CENTRAL EUROPE ity of the United States to respond to Development Program to study the fea- the international terrorist threat. Mr. BROWN (for himself and Mr. sibility of service between Kansas City SIMON) submitted the following concur- S. 451 and Omaha, to authorize station rent resolution; which was referred to projects and fund operation of new At the request of Mr. NICKLES, the the Committee on Finance: name of the Senator from Wyoming service in and around the States bor- S. CON. RES. 10 [Mr. THOMAS] was added as a cosponsor dering the Missouri River; Whereas the countries of Central and East- Sixth, a provision to assist Rhode Is- of S. 451, a bill to encourage production of oil and gas within the United States ern Europe, including Poland, Hungary, the land with its double-stack freight serv- Czech Republic, Slovakia, Lithuania, Latvia, ice problems; by providing tax incentives and easing Estonia, Slovenia, Bulgaria, and Romania, Seventh, a provision which allows regulatory burdens, and for other pur- are important to the long-term stability and Amtrak to better manage its finances; poses. economic success of a future Europe freed Eighth, a provision to study D.C. to S. 629 from the shackles of communism; Bristol, VA, passenger rail service; At the request of Mr. THOMAS, the Whereas the Central and Eastern European name of the Senator from Arizona [Mr. countries, particularly Hungary, Poland, the Ninth, the addition of a passenger Czech Republic, and Slovakia, are in the representative to the Amtrak Board of KYL] was added as a cosponsor of S. 629, midst of dramatic reforms to transform their Directors; a bill to provide that no action be centrally planned economies into free mar- Tenth, a pilot program to generate taken under the National Environ- ket economies and to join the Western com- more nontax revenues from advertising mental Policy Act of 1969 for a renewal munity; and concession sales; and of a permit for grazing on National Whereas it is in the long-term interest of Eleventh, a provision to authorize a Forest System lands. the United States to encourage and assist the transformation of Central and Eastern rail project integral to service between S. 641 Europe into a free market economy, which is Massachusetts and Maine; At the request of Mr. KENNEDY, the the solid foundation of democracy, and will Twelfth, a continuation of the Am- names of the Senator from Washington contribute to regional stability and greatly trak labor management safety task [Mrs. MURRAY], the Senator from Ar- increased opportunities for commerce with force. kansas [Mr. PRYOR], the Senator from the United States; S 5156 CONGRESSIONAL RECORD — SENATE April 4, 1995 Whereas trade with these countries ac- (2) commends the 4–H Youth Development Whereas Pakistan was a front-line state counts for less than one percent of total Program and the many children and volun- against Soviet totalitarian expansionism United States trade; teers who have made the Program a success; and worked with the United States to suc- Whereas the presence of a market with and cessfully end the Soviet occupation of Af- more than 140,000,000 people, with a growing (3) requests the President to issue a procla- ghanistan; appetite for consumer goods and services and mation calling on the people of the United Whereas Pakistan has been in the forefront badly in need of modern technology and States to observe the day with appropriate of United Nations peacekeeping operations, management, should be an important mar- ceremonies and activities. recently being the largest contributor of ket for United States exports and invest- f forces to United Nations peacekeeping oper- ments; and ations; Whereas the United States has concluded SENATE RESOLUTION 101— Whereas Pakistan has cooperated with the agreements granting most-favored-nation RELATIVE TO ISRAEL United States in the apprehension and swift status to most of the countries of Central extradition of Ramzi Ahmed Yousef, the al- and Eastern Europe: Now, therefore, be it Mr. BROWN submitted the following leged mastermind of the terrorist attack on Resolved by the Senate (the House of Rep- resolution; which was referred to the the World Trade Center in New York City; resentatives concurring), That it is the sense Committee on Finance: Whereas Pakistan’s economy is being in- of the Congress that the President should S. RES. 101 creasingly liberalized and opened to outside take steps to negotiate international agree- Whereas the Congress approved a free trade investors and businesses; ments for free trade between the United agreement with Israel on April 29, 1985; Whereas there are increasing opportunities States and the countries of Central Europe, Whereas the free trade agreement with Is- for economic cooperation between Pakistan including Poland, Hungary, the Czech Repub- rael was designed to increase United States and the United States as a result of private lic, Slovakia, Lithuania, Latvia, Estonia, economic ties with Israel; sector agreements for investment in Paki- and Slovenia, and should take vigorous ac- Whereas the goal of United States policy in stan’s energy sector and other pending tions to lay the groundwork for such an the Middle East is to achieve a lasting peace agreements; agreement, including— that brings economic integration and devel- Whereas Prime Minister Benazir Bhutto, (1) developing closer commercial contacts; opment in the region; who has worked to strengthen Pakistan’s (2) eliminating tariff and nontariff dis- Whereas economic integration and devel- close relationship with the United States, criminatory barriers in United States trade opment in the Middle East can only be was reelected to office in October, 1993 and is with these countries; achieved through a ‘‘warm’’ peace in which scheduled to visit the United States on an of- (3) developing framework agreements that diplomats are exchanged, the Arab boycott ficial visit in April; Therefore be it chart a course toward a free trade agree- of Israel has been eliminated, close coopera- Resolved, That the United States Senate— ment; tion between Israel and her neighbors to (1) welcomes the visit of Prime Minister (4) establishing bilateral investment trea- combat terrorism and international criminal Benazir Bhutto to the United States as a ties; activity has been established, mutual secu- sign of the warm, enduring friendship be- (5) stimulating increased United States ex- rity agreements have been concluded, and tween the U.S. and Pakistan; and ports and investments to the region; agreements have been reached that mutually (2) pledges to work with the government of (6) obtaining further liberalization of in- reduce barriers to the free flow of goods, peo- Pakistan to strengthen the U.S.-Pakistan re- vestment regulations and protection against ple, and ideas; and lationship in the years ahead. nationalization in these foreign countries; Whereas a ‘‘warm’’ peace in the Middle and East between Israel and her neighbors should f (7) establishing fair and expeditious dis- be based upon trade and expanding economic pute settlement procedures. development: Now, therefore, be it AMENDMENTS SUBMITTED f Resolved, That it is the sense of the Senate that the President should— (1) expand the free trade agreement be- SENATE RESOLUTION 100— EMERGENCY SUPPLEMENTAL AP- RELATIVE TO NATIONAL 4–H DAY tween the United States and Israel to in- clude those countries that sustain a ‘‘warm’’ PROPRIATIONS AND RESCIS- Mrs. HUTCHISON submitted the fol- peace with Israel; SIONS ACT lowing resolution; which was referred (2) prior to such expansion, and annually to the Committee on the Judiciary: thereafter, certify to the Congress that such S. RES. 100 country or countries have entered into a ‘‘warm’’ peace with Israel that includes— WELLSTONE AMENDMENT NO. 450 Whereas the Senate is proud to honor the (A) the recognition of Israel and establish- National 4–H Youth Development Program of Mr. WELLSTONE proposed an ment of full diplomatic relations with Israel, the Cooperative State Research, Education, amendment to the bill (H.R. 1158) mak- including the exchange of ambassadors; and Extension Service for 85 years of experi- ing emergency supplemental appropria- (B) eliminating all levels of the Arab boy- ence-based education to young people cott of Israel; tions for additional disaster assistance throughout the United States; (C) a commitment to a quick response to and making rescissions for the fiscal Whereas this admirable Program seeks to condemn and punish acts of international year ending September 30, 1995, and for provide a learning experience for the whole terrorism and those who perpetrate them; other purposes; as follows: child (including head, heart, hands, and (D) working closely with United States and health) and help children of the United At an appropriate place in the bill, insert Israel to remove havens for international the following: States to acquire knowledge, develop life terrorists; skills, and form attitudes to enable the chil- ‘‘SEC. . It is the Sense of the Senate that (E) mutual security agreements with Is- before the Senate is required to vote on the dren to become self-directed, productive, and rael; contributing members of society; question of whether the WIC program and (F) extradition agreements with Israel on other nutrition programs should be con- Whereas the 5,500,000 urban, suburban, and reciprocal treatment of terrorists; and rural participants in the Program, ranging verted to block grant programs to be admin- (G) agreements with Israel which ensure istered by the states, a full and complete in- from 5 to 19 years of age, hail from diverse the mutual reduction of barriers to the free ethnic and socioeconomic backgrounds and vestigation should be conducted by the Sen- flow of goods and people; and ate Committee on Agriculture to determine truly represent a cross-section of the United (3) not extend any preferences or trade in- States; whether, and if so, to what extent, such a ducements to a country that is a state-spon- proposed substantial change in national pol- Whereas the Program could not have sor of terrorism. achieved success without the service of the icy is the result of the improper influence of more than 65,000 volunteers who have given f the food industry and lobbyists acting on the industry’s behalf.’’ generously of their time, talents, energies, SENATE RESOLUTION 102— and resources; and Whereas throughout proud history of the RELATIVE TO PAKISTAN DOLE (AND MCCONNELL) Program, the Program has developed posi- Mr. BROWN (for himself, Ms. MIKUL- AMENDMENT NO. 451 tive roles models for the youth of the United SKI, Mrs. FEINSTEIN, Mr. HELMS, and States and (through its innovative and in- Mr. PELL) submitted the following res- Mr. DOLE (for himself and Mr. spiring programs) continues to build char- olution; which was referred to the MCCONNELL) proposed an amendment acter and to instill the values that have to amendment No. 450 proposed by Mr. made the United States strong and great: Committee on Foreign Relations: Now, therefore, be it S. RES. 102 WELLSTONE to the bill H.R. 1158, supra; Resolved, That the Senate— Whereas Pakistan and the United States as follows: (1) proclaims April 5, 1995, as National 4–H have been allies since 1947, and throughout In lieu of the matter proposed to be in- Day; the difficult days of the Cold War; serted, insert the following: April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5157 FOREIGN OPERATIONS, EXPORT FINANCING AND Shirley Ann Jackson to be member, testimony on surface shipbuilding pro- RELATED PROGRAMS Nuclear Regulatory Commission. grams and the Department of the BILATERAL ECONOMIC ASSISTANCE The PRESIDING OFFICER. Without Navy’s plans for modernization and re- FUNDS APPROPRIATED TO THE PRESIDENT objection, it is so ordered. capitalization in review of the defense DEBT RESTRUCTURING COMMITTEE ON FOREIGN RELATIONS authorization request for fiscal year DEBT RELIEF FOR JORDAN Mr. SANTORUM. Mr. President, I 1996 and the future years’ defense pro- For the cost, as defined in section 502 of ask unanimous consent that the Com- gram. the Congressional Budget Act of 1974, of mittee on Foreign Relations be author- The PRESIDING OFFICER. Without modifying direct loans to Jordan issued by ized to meet during the session of the objection, it is so ordered. the Export-Import Bank or by the Agency Senate on Tuesday, April 4, 1995, at 1:30 f for International Development or by the De- p.m. to hold a hearing on Western partment of Defense, or for the cost of modi- ADDITIONAL STATEMENTS fying: (1) concessional loans authorized Hemisphere drug control strategy. under Title I of the Agricultural Trade De- The PRESIDING OFFICER. Without velopment and Assistance Act of 1954, as objection, it is so ordered. TRADE WITH KOREA amended, and (2) credits owed by Jordan to COMMITTEE ON FINANCE the Commodity Credit Corporation, as a re- Mr. SANTORUM. Mr. President, I ∑ Mr. FRIST. Mr. President, I rise sult of the Corporations’s status as a guaran- ask unanimous consent that the Fi- today, the day United States Trade tor of credits in connection with export sales Representative Mickey Kantor is testi- to Jordan; as authorized under subsection (a) nance Committee be permitted to meet under the heading, ‘‘Debt Relief for Jordan’’, on Tuesday, April 4, 1995, beginning at fying before the Senate Finance Com- in title VI of Public Law 103–306, $275,000,000, 9:30 a.m. in room SD–215, to conduct a mittee about overall United States to remain available until September 30, 1996: hearing on the trade policy agenda and trade policy, to bring to the attention Provided, That not more than $50,000,000 of trade agreements program. of the Senate an injustice to American the funds appropriated by this paragraph The PRESIDING OFFICER. Without companies exporting to South Korea. may be obligated prior to October 1, 1995. objection, it is so ordered. Time after time, American companies COMMITTEE ON GOVERNMENTAL AFFAIRS are confronted with nontariff barriers BINGAMAN AMENDMENT NO. 452 Mr. SANTORUM. Mr. President, I that impede their ability to compete in (Ordered to lie on the table.) ask unanimous consent on behalf of the the South Korean market. Mr. BINGAMAN submitted an Governmental Affairs Committee to One of my constituents, the M/M amendment intended to proposed by meet on Tuesday, April 4, 1995 at 10 Mars’ Co., which makes Mars candy him to amendment No. 420 proposed by a.m. for a hearing on the subject of bars and employs over 900 Tennesseans, Mr. HATFIELD to the bill H.R. 1158, earned income tax credit. is a strong example of an American supra; as follows: The PRESIDING OFFICER. Without company exporting their product, at- On page 35, lines 21 through 23, strike all objection, it is so ordered. tempting to comply with the domestic requirements in South Korea and en- beginning with ‘‘$15,200,000’’ through ‘‘title COMMITTEE ON THE JUDICIARY countering headache after headache in III–B, $5,000,000, and’’, and insert ‘‘$5,200,000 Mr. SANTORUM. Mr. President, I are rescinded as follows: from the Elemen- the process. I am disturbed about this ask unanimous consent that the Com- tary and Secondary Education Act of 1965,’’. problem not only because it affects mittee on the Judiciary be authorized On page 43, line 17, strike ‘‘$1,300,000,000’’ many Tennesseans, but because it also to meet during the session of the Sen- and insert ‘‘$1,310,000,000’’. strains the relationship between Amer- ate on Tuesday, April 4, 1995, at 10 a.m. f ican companies and South Korea. to hold a hearing on punitive damages The most recent incident is a new la- AUTHORITY FOR COMMITTEES TO tort reform. beling requirement imposed by the MEET The PRESIDING OFFICER. Without South Korean Ministry of Health. If objection, it is so ordered. COMMITTEE ON AGRICULTURE, NUTRITION, AND Korea had notified the appropriate par- FORESTRY COMMITTEE ON SMALL BUSINESS ties and given the company a reason- Mr. SANTORUM. Mr. President, I Mr. SANTORUM. Mr. President, I able amount of time to comply with ask unanimous consent that the Com- ask unanimous consent that the Com- the new regulations, then I would not mittee on Agriculture, Nutrition, and mittee on Small Business be authorized be here today. However, despite United Forestry be allowed to meet during the to meet during the session of the Sen- States protest and Korean acknowl- session of the Senate on Tuesday, April ate on Tuesday, April 4, 1995, at 10 a.m., edgement of its ‘‘failure to notify,’’ the 4, at 9:30 a.m., in SR–332, to discuss in room SH–216 to conduct a hearing Korean Ministry of Health refuses to market effects of the Federal farm pol- focusing on the Small Business Admin- agree to a moratorium on the require- icy. istration’s 8(a) Minority Business De- ment, which would allow the company The PRESIDING OFFICER. Without velopment Program. sufficient time to comply with the new objection, it is so ordered. The PRESIDING OFFICER. Without regulations. COMMITTEE ON ARMED SERVICES objection, it is so ordered. Mr. President, I am not asking for Mr. SANTORUM. Mr. President, I SUBCOMMITTEE ON CONSUMER AFFAIRS, South Korea to change its policy. I am ask unanimous consent that the Com- FOREIGN COMMERCE AND TOURISM asking for them to comply with their mittee on Armed Services be author- Mr. SANTORUM. Mr. President, I obligation under article X of the World ized to meet on Tuesday, April 4, 1995, ask unanimous consent that the sub- Trade Organization and publish regula- at 2:30 p.m. in open session to receive committee on consumer affairs, foreign tions affecting trade and administer testimony on the Department of En- commerce and tourism of the Senate them in a ‘‘uniform, impartial and rea- ergy national security issues and the Committee on Commerce, Science, and sonable manner.’’ I am also asking fiscal year 1996 budget request and fu- Transportation be authorized to meet them to realize this injustice and pro- ture years’ Defense program. on April 4, 1995, at 9:30 a.m. on S. 565, vide a moratorium to allow entry to The PRESIDING OFFICER. Without Product Liability Fairness Act of 1995. the remaining unlabeled shipments of objection, it is so ordered. The PRESIDING OFFICER. Without M/M Mars products and give the com- COMMITTEE ON ENVIRONMENT AND PUBLIC objection, it is so ordered. pany time to relabel their products, WORKS SUBCOMMITTEE ON SEAPOWER which they have agreed to do on or be- Mr. SANTORUM. Mr. President, I Mr. SANTORUM. Mr. President, I fore August 1, 1995. ask unanimous consent that the Com- ask unanimous consent that the Sub- American companies, such as M/M mittee on Environment and Public committee on Seapower of the Com- Mars, do not want special treatment. Works be granted permission to con- mittee on Armed Services be author- They want the opportunity for their duct a business meeting Tuesday, April ized to meet at 9:30 a.m. on Tuesday, products to compete fairly in the inter- 4, 10 a.m. to consider the nomination of April 4, 1995, in open session, to receive national market.∑ S 5158 CONGRESSIONAL RECORD — SENATE April 4, 1995 CONGRATULATIONS TO THE BOS- prohibit participation by Ms. Waxman The select committee received notifi- TON UNIVERSITY MEN’S HOCKEY in this program. cation under rule 35 for Alison Carroll, TEAM ON WINNING THE NCAA The select committee received notifi- a member of the staff of Senator LOTT, DIVISION I NATIONAL CHAM- cation under rule 35 for Jeremy Preiss, to participate in a program in China PIONSHIP a member of the staff of Senator PACK- sponsored by the Chinese People’s In- ∑ Mr. KERRY. Mr. President, I just WOOD, to participate in a program in stitute of Foreign Affairs from April 9 want to take a moment to offer my Chile sponsored by the Chilean-Amer- to 23, 1995. congratulations to the Boston Univer- ican Chamber of Commerce from April The committee determined that no sity men’s hockey team who won the 17 to 20, 1995. Federal statute or Senate rule would NCAA Division I national champion- The committee determined that no prohibit participation by Ms. Carroll in ship last weekend in Providence. Federal statute or Senate rule would this program. Led by Dorchester’s own Chris prohibit participation by Mr. Preiss in The select committee received notifi- O’Sullivan, who scored two goals and this program. cation under rule 35 for Edward was named the Most Outstanding Play- The select committee received notifi- Gresser, a member of the staff of Sen- er, the Terriers manhandled the power- cation under rule 35 for Michelle ator BAUCUS, to participate in a pro- ful University of Maine Black Bears to Raines, a member of the staff of Sen- gram in Taiwan sponsored by the win the championship. Goalie Tom ator COATS, to participate in a program Tamkang University from April 9 to 16, Noble made 21 saves, Center Steve in Taiwan sponsored by the Soochow 1995. Thornton scored a goal and had an as- University. The committee determined that no sist, and Capt. Jacques Jourbet scored The committee determined that no Federal statute or Senate rule would a goal. Federal statute or Senate rule would prohibit participation by Mr. Gresser The Terriers were superb in the prohibit participation by Ms. Raines in in this program. clutch this year, winning the Beanpot, this program. The select committee received notifi- the last at the hallowed Boston Gar- The select committee received notifi- cation under rule 35 for Erica Gum, a den, the hockey east championship, cation under rule 35 for David Miller, a member of the staff of Senator DOMEN- and now the national championship, member of the staff of Senator BROWN, ICI, to participate in a program in Mr. President, you can not do any bet- to participate in a program in China Korea sponsored by the A-san Founda- ter than that. sponsored by the Chinese People’s In- tion from April 15 to 22, 1995. Coach Jack Parker brings the NCAA stitute of Foreign Affairs from April 9 The committee determined that no ice hockey championship back to Bos- to 23, 1995. Federal statute or Senate rule would ton University for the first time since The committee determined that no prohibit participation by Ms. Gum in 1978. He has done much to generate Federal statute or Senate rule would this program. pride at B.U., and this year’s accom- prohibit participation by Mr. Miller in The select committee received notifi- plishment is something else that justly this program. cation under rule 35 for Walter continues that tradition. The select committee received notifi- Lohman, a member of the staff of Sen- The B.U. hockey team has made all cation under rule 35 for Philip Bechtel, ator MCCAIN, to participate in a pro- of us proud with their outstanding a member of the staff of Senator gram in China sponsored by the Chi- play. I offer my congratulations to the D’AMATO, to participate in a program nese People’s Institute of Foreign Af- team, the head coach and his col- in China sponsored by the Chinese Peo- fairs from April 10 to 18, 1995. leagues, and the university.∑ ple’s Institute of Foreign Affairs from The committee determined that no f April 9 to 23, 1995. Federal statute or Senate rule would The committee determined that no prohibit participation by Mr. Lohman NOTICE OF DETERMINATION BY Federal statute or Senate rule would in this program. THE SELECT COMMITTEE ON prohibit participation by Mr. Bechtel The select committee received notifi- ETHICS UNDER RULE 35, PARA- in this program. cation under rule 35 for Mary Irace, a GRAPH 4, REGARDING EDU- The select committee received notifi- member of the staff of Senator MACK, CATIONAL TRAVEL cation under rule 35 for Tom Harvey, a to participate in a program in China ∑ Mr. MCCONNELL. Mr. President, it member of the staff of Senator SIMP- sponsored by the Chinese People’s In- is required by paragraph 4 of rule 35 SON, to participate in a program in stitute of Foreign Affairs from April 9 that I place in the CONGRESSIONAL China sponsored by the Chinese Peo- to 21, 1995. RECORD notices of Senate employees ple’s Institute of Foreign Affairs from The committee determined that no who participate in programs, the prin- April 9 to 23, 1995. Federal statute or Senate rule would cipal objective of which is educational, The committee determined that no prohibit participation by Ms. Irace in sponsored by a foreign government or a Federal statute or Senate rule would this program. foreign educational or charitable orga- prohibit participation by Mr. Harvey in The select committee received notifi- nization involving travel to a foreign this program. cation under rule 35 for Todd Menotti, country paid for by that foreign gov- The select committee received notifi- a member of the staff of Senator ernment or organization. cation under rule 35 for Tamara Somer- PRYOR, to participate in a program in The select committee received notifi- ville, a member of my staff, to partici- Taiwan sponsored by Tamkang Univer- cation under rule 35 for Drew Onufer, a pate in a program in Taiwan sponsored sity from April 9 to 16, 1995. member of the staff of Senator SIMON, by the Tamkang University April 9 to The committee determined that no to participate in a program in Korea 16, 1995. Federal statute or Senate rule would sponsored by the Korean Ministry of The committee determined that no prohibit participation by Mr. Menotti Foreign Affairs. Federal statute or Senate rule would in this program.∑ The committee determined that no prohibit participation by Ms. Somer- f Federal statute or Senate rule would ville in this program. prohibit participation by Mr. Onufer in The select committee received notifi- TRIBUTE TO VINCE YANNONE this program. cation under rule 35 for Allison Cleve- ∑ Mr. BAUCUS. Mr. President, I rise The select committee received notifi- land, a member of the staff of Senator today to honor a man who has made a cation under rule 35 for Sharon Wax- CRAIG, to participate in a program in lifework in preserving one of Mon- man, a member of the staff of Senator Taiwan sponsored by the Chinese Cul- tana’s hallmarks, one of the things LAUTENBERG, to participate in a pro- tural University from April 14 to 21, that has earned it renown as ‘‘the Last gram in China sponsored by the Chi- 1995. Best Place’’—our wildlife. nese People’s Institute of Foreign Af- The committee determined that no This May Vince Yannone retires from fairs from April 10 to 18, 1995. Federal statute or Senate rule would the Department of Fish, Wildlife, and The committee determined that no prohibit participation by Ms. Cleveland Parks. But he is not retiring from Federal statute or Senate rule would in this program. working with wildlife and our fellow April 4, 1995 CONGRESSIONAL RECORD — SENATE S 5159 Montanans. And his legacy will cer- Vince was away at a movie with his business owner to have to turn away tainly live on, as the schoolchildren he wife, Sue, as the babysitter watched good business. has worked with rediscover the joys of his two daughters, Jennifer and Chris- Faced with a severe shortage of fuel, the Montana outdoors and the value of tine. The babysitter ended up having to recreational boaters are forced to trav- our wildness. take care of the moose as much as the el hundreds of miles to find fuel. This Vince is legendary in Helena and kids. When it got hungry for milk, the creates a safety hazard, as boaters throughout Montana. For a quarter moose snuck into the window of their could end up stranded on their way to century now, Vince has educated Mon- home. find fuel or be required to carry large tanans, young and old alike, on the Vince was more than a little sur- amounts of extra fuel on board. ways of the wild. He spearheaded Mon- prised when he received a call at the Last year, I introduced an amend- tana’s Project WILD, which teaches theater, even more surprised when it ment that would have temporarily re- Montana’s youth how to think about was his babysitter telling him that solved the burdensome problem facing natural resource issues. He has re- Bullwinkle was roaming his house. boaters and marinas. The amendment ceived commendations from the Gov- But events like these are all in a passed overwhelmingly in the Senate, ernor and from local media. day’s work for Vince. I hear he is writ- but, unfortunately, was killed in the Vince will not have an easy time es- ing a book about his memorable events House. Therefore, we have the same caping Helena’s limelight. He is a pub- in raising wild animals. If the moose problem today as we did last summer. lic personality, having hosted a daily incident is any indication, I am anx- The only way to permanently fix this television program called ‘‘Nature ious to read the rest of his memoirs. problem is to pass S. 478. Today’’ for 12 years. He currently hosts With his book project and other jobs S. 478 will allow marinas to purchase to be done, I do not think it needs to be another show called ‘‘Getting Out in the dyed fuel, collect the tax from the said that Vince Yannone is not settling Montana.’’ Almost daily, Vince serves recreational boaters and pay the tax snugly into retirement. Like other as the master of ceremonies at some directly to the Government. It will great Montanans—Mike Mansfield, who local banquet or gathering. solve the problem of inadequate fuel fa- at 92 decided to cut back his schedule But the notoriety Vince has received cilities for recreational boaters and to a 5 day workweek, and Norman during his service has not affected his Maclean, who preached an anti-shuffle- remedy the problems faced by marinas friendly Montanan attitude. As he board philosophy up until his death— and ports. walks along the streets of Helena, ev- Vince continues to work to improve With the boating season soon ap- eryone recognizes him. He makes a the lives of those around him. Human proaching, we need to correct this stranger feel like a welcome friend. and animal. I wish him and his family problem now. That is why I cospon- That is what people notice first about the best.∑ sored S. 478. I encourage my colleagues him: Vince is a good person and a good to keep me pass this bill and bring re- f friend—two qualities that mean a lot lief to our boating communities.∑ more in Montana than being a public DIESEL TAX personality. f ∑ Mr. GORTON. Mr. President, I am Vince received the ‘‘call of the wild’’ pleased to join my distinguished col- at an early age. And it is not a calling TRIBUTE TO THE CHATTANOOGA leagues, Senator BREAUX and Senator he is soon to get rid of—since in his so- NEIGHBORHOOD ENTERPRISE CHAFEE, by cosponsoring S. 478, a bill called retirement he will be working that will correct the diesel fuel prob- ∑ Mr. FRIST. Mr. President, I rise for the Rocky Mountain Elk Founda- lem affecting the boating community, today to commend the Chattanooga tion and completing the construction ports, and marinas in my home State Neighborhood Enterprise, Inc. for its of a new wild animal shelter in Helena. of Washington and across the nation. innovative approach to revitalizing old He has been with what used to be The problem results from the 24.4 neighborhoods and providing affordable known as the Montana Department of cents per gallon tax imposed by the housing and low and moderate income Fish and Game since his twenties. Omnibus Budget Reconciliation Act of families. Vince does not protect wildlife in 1993 on diesel fuel used in recreational The neighborhood enterprise was cre- some abstract, theoretical way—say, boats. The bill mandated two types of ated in 1986 to provide the opportunity by preaching about the importance of fuel: clear, taxable fuel used in rec- for all Chattanoogans to live in decent, species protection without ever visit- reational boats and dyed, nontaxable fit, and affordable housing, and CNE is ing the Flathead National Forest. He fuel used in commercial boats. By law, fulfilling that mission by lending helps place orphaned wildlife in zoos the dyed nontaxable commercial diesel money to homebuyers, advocating and shelters across the country. He fuel cannot be sold to the recreational homeownership, developing and man- also takes injured animals into his boaters. aging affordable housing, and helping home, and helps the ailing critters These changes have wreaked havoc revitalize old neighborhoods. back to health. on the boating communities in Wash- Mr. President, more than 71 percent The State highway patrol has his ington State. Many marinas are not of all families within the city limits of number on their dashboards. Not be- equipped with the two separate tanks Chattanooga make $35,000 or less each cause he is on the most wanted list. It necessary to store the two different year. With many of the city’s older res- is because whenever they find road kill types of fuel. Unable to afford the exor- idential neighborhoods in decline, the near his home in Clancy, Vince uses bitant expense of new fuel tanks and Chattanooga Neighborhood Enterprise the remaining carcass to feed whatever dispensing equipment, these marinas realized that community and local wild things might be lurking in his are faced with the difficult choice of business investment could revive these back yard—which these days consists whether to sell only dyed fuel, tax free areas and allow more families to of some eagles, owls, and ravens. to commercial vessels, or taxable, clear achieve their dreams of owning a home. The thing that strikes a person most fuel, to recreational vessels. Since 1986, CNE has produced, reha- about Vince is his well developed sense Since many marinas rely on commer- bilitated or financed more than 2,500 of compassion. It is that sense of pur- cial boats for a majority of their busi- units of housing in Chattanooga, and it pose that has kept him going through ness, they choose to sell diesel fuel to manages more than 300 units of rental the years. It has made the late-night commercial vessels. This leads to a se- housing. Not only does it assist home- calls from bar-room wranglers arguing vere shortage of diesel fuel available to owners, homebuyers, the elderly, sin- animal trivia more tolerable. recreational boaters. gle-parent families, the disabled and The Helena Independent Record, my This is not only a problem for rec- the homeless in the inner-city area, hometown newspaper, did a series of reational boaters, but also for marinas, CNE also helps families in the metro stories about Vince when he announced which are forced to turn away part of area and remote areas of Hamilton his retirement. The one that caught their consumer base. These regulations County. The neighborhood enterprise is my attention was about a 180-pound do not promote jobs and economic op- helping to break the cycle of poverty moose calf that Vince was raising on portunities for the employees of these for many permanent residents of public his property. businesses. It is outrageous for a small housing by giving them an affordable S 5160 CONGRESSIONAL RECORD — SENATE April 4, 1995 alternative. Currently, about 15 per- completes its business today, it stand simplification, and perhaps other items cent of CNE’s customers were once in adjournment until the hour of 9:30 on which we can agree. residents in the city’s public housing. a.m. on Wednesday, April 5, 1995; that So a cloture motion was filed on the By making community involvement following the prayer, the Journal of substitute amendment to the appro- a top priority, the Chattanooga Neigh- proceedings be deemed approved to priations bill just a few moments ago, borhood Enterprise has become a shin- date, that no resolutions come over and if we cannot reach an agreement ing example of how public-private part- under the rule, the call of the calendar there will be a cloture vote on Thurs- nership can more effectively provide be dispensed with, the morning hour be day. the same, if not better, services and deemed to have expired, and the time It is my hope that if Members feel help the people who truly need it. At a for the two leaders be reserved for their constrained to offer amendments to the time when the Department of Housing use later in the day; and that there bill, they will be prepared to offer and Urban Development has come then be a period for routine morning those amendments tomorrow to expe- under serious scrutiny, it is refreshing business until the hour of 11:30 a.m. dite action on the bill. And I would to know that low-income families in with Senators permitted to speak for also say that if we complete action on Chattanooga have an alternative. up to 5 minutes each, with the follow- everything on Thursday, we would Mr. President, this successful hous- ing exceptions: Senator DOMENICI for probably either not be in session on ing program receives funding from up to 20 minutes; Senator DASCHLE or Friday or have a session where there Government agencies, private corpora- designee for up to 30 minutes; Senator would be no legislative business con- tion, and foundations alike. With a $21 SIMPSON for up to 10 minutes; Senator ducted or only a pro forma session. It million budget in 1994, Chattanooga KERREY for up to 10 minutes; Senator may be that some people might want Neighborhood Enterprise has much COVERDELL for up to 15 minutes; Sen- to speak on Friday. Hopefully, we more money to spend on the city’s ator NUNN for up to 10 minutes; and might have everything done so there housing than HUD does, and private Senator COATS for up to 10 minutes. would be no legislative business on Fri- sector involvement prevents if from be- The PRESIDING OFFICER. Without day. But that will depend, of course, on coming the ineffective bureaucracy objection, it is so ordered. characteristic of many government Mr. DOLE. I further ask that at the the cooperation we have on both sides. agencies. hour of 11:30, the Senate resume con- There are a number of things going In helping Chattanooga’s residents sideration of H.R. 1158, the supple- on as we speak to see if there is some find quality affordable housing, the mental appropriations bill. way we can come together and some neighborhood enterprise also helps the The PRESIDING OFFICER. Without way we could complete action on this city of Chattanooga. As areas of the objection, it is so ordered. bill. We are talking about a $15 billion rescission package in the Senate, $17 city are restored and families move in, f the amount of tax money the city re- billion in the House. If it is not com- ceives increases. In fact, each year, the PROGRAM pleted before the recess, it seems to me city brings in more than $1.2 million in Mr. DOLE. Mr. President, a cloture that much of that money will be spent tax money that can be directly attrib- motion was filed on the substitute by the time we are back so we could uted to the work of the Chattanooga amendment to the appropriations bill lose, it has been estimated, maybe $1.5 Neighborhood Enterprise. today. to $2 billion—if we do not act before The Chattanooga Neighborhood En- We have been, throughout the after- the recess. So hopefully we could have terprise has touched the lives of thou- noon, trying to figure out if we can final disposition fairly soon; we could sands of Chattanoogans and for that, reach some agreement. We have been still have the conference completed Mr. President, I commend them for working with the Democratic leader, and vote on the conference report ei- their hard work and dedication.∑ Senator DASCHLE, in good faith on both ther Thursday night or Friday morn- f sides, to see if we can come to some ing. And hopefully, if we did that on closure. Friday morning, it could be done with- MEASURE PLACED ON THE We have also had discussions through out the necessity of a rollcall vote. CALENDAR—H.R. 1345 Senator LOTT with some of the Mem- Mr. DOLE. Mr. President, I ask unan- bers of the House that will be critical f imous consent that H.R. 1345, just re- in trying to get a conference report fin- ceived from the House, be placed on the ished on the rescission bill. It is my ADJOURNMENT UNTIL 9:30 A.M. calendar. hope that tomorrow morning we may TOMORROW The PRESIDING OFFICER. Without be able to reach some agreement. If Mr. DOLE. Is there any further busi- objection, it is so ordered. not, the cloture motion then would ness to come before the Senate? If not, f ripen on Thursday morning. I ask unanimous consent that the Sen- I do not see any other way of dealing ate stand in adjournment under the ORDERS FOR WEDNESDAY, APRIL with 100 and some amendments at this previous order. 5, 1995 point if we intend to complete action There being no objection, the Senate, Mr. DOLE. Mr. President, I ask unan- on this bill and on the other defense at 7:33 p.m., adjourned until Wednes- imous consent that when the Senate supplemental, on the DC bill, on paper day, April 5, 1995, at 9:30 a.m. April 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 765 EXTENSIONS OF REMARKS

AMERICORPS: ANOTHER FAILED help improve communities. The reality, how- participant goes for overhead and adminis- ELITIST PROGRAM ever, is that the majority of these highly tration. paid ‘‘volunteers’’ work in federal or state Worse than President Clinton’s good inten- bureaucracies, government-funded programs tions gone awry and the litany of waste and HON. GERALD B.H. SOLOMON or even political action organizations. abuse is AmeriCorps’ effect on the essence of OF NEW YORK For example, more than 2,800 AmeriCorps volunteerism. Private sector community IN THE HOUSE OF REPRESENTATIVES participants work in federal departments or service is thriving. The Labor Department agencies, including 1,200 in the U.S. Depart- estimates that there are currently three mil- Tuesday, April 4, 1995 ment of Agriculture, 525 in the Interior De- lion unpaid volunteers between the ages of 18 Mr. SOLOMON. Mr. Speaker, in typical lib- partment, 210 in the U.S. Department of Jus- and 25, most of whom work for religious or- eral fashion, the President 2 years ago chose tice, 135 at the Environmental Protection ganizations, the backbone of community ac- to respond to declining voluntarism by throw- Agency and 60 at the National Endowment of tivism. the Arts. ing Federal money and bureaucrats at the The laudable goals of AmeriCorps do not The federally funded Legal Service Cor- match its reality. If the goal is to expand problem. At the time, I warned against this poration, the chief litigator for the welfare educational opportunity, the AmeriCorps wasteful use of limited tax dollars because it state (which for example, represents drug budget would be better spent on direct aid to would jeopardize worthwhile and necessary dealers when they are threatened with evic- students. If the goal is to stimulate service, projects. tion from public housing), was awarded 44 Congress should amend the tax code to allow Lo and behold, 2 years later, that is exactly AmeriCorps volunteers, cost the U.S. tax- for tax credits or increased deductions for what happened. President Clinton's pet project payer $959,000 plus an additional $1,242,784 in those who donate their time and money. ‘‘matching funds.’’ In San Francisco, the was funded at the expense of needed veter- f AmeriCorps ‘‘Summer of Safety’’ program ans' health care projects. Mr. Speaker, veter- organized 40 groups to rally against the fed- THE HOME RUN READER SUMMER ans are people who know all there is to know eral crime bill’s ‘‘three strikes and you’re about national service and deserve the assist- out’’ provision. READING PROGRAM ance our limited resources can provide. To More than half of the money spent on that end, my good friend and chairman of the AmeriCorps ends up funding bureaucracies HON. JIM LIGHTFOOT Veterans' Committee, BOB STUMP, and I spon- and paperwork. ‘Educrats’ at Northwestern OF IOWA sored an amendment to restore the funding for University, for example, were given $140,000 VA outpatient clinics by rescinding funds from by AmeriCorps to develop ‘‘a plan to com- IN THE HOUSE OF REPRESENTATIVES plete for more AmeriCorps money next Tuesday, April 4, 1995 AmeriCorps. year,’’ without funding a single ‘‘volunteer.’’ Like all other liberal programs, AmeriCorps Similarly, Americorps gave bureaucrats a Mr. LIGHTFOOT. Mr. Speaker, I would like is wrought with abuse and spends half its $100,000 planning grant to study a volunteer to bring the Members' attention to a reading money on bureaucracies and paperwork. Just corps in the Virgin Islands and gave the program in my district which has done a great like their School Lunch Program, which sup- Council of Great City Schools, which is de- deal to motivate young people to read. It ports bureaucrats instead of feeding hungry voted to the ‘‘advancement of education in inner-city public schools through public and seems commonplace to hear about American children, this volunteer program, intended to students who do not meet the strenuous cri- provide student aid, funds even more bureau- legislative advocacy,’’ a $200,000 planning grant. Again, none of this money went to teria we must require of them. Unfortunately, crats rather than directly aiding students. Fur- help students pay for college. it is not unusual to hear about young Ameri- thermore, Mr. Speaker, the liberals and Presi- Despite the rhetoric, AmeriCorps does lit- cans who graduate from high school without dent Clinton have succeeded in exacerbating tle to help working families pay for college. adequate reading skills. the problem of voluntarism by throwing money At a 1993–94 price tag of $155.5 million, about This program is sponsored by the Daily at it. Their volunteers receive more money and one-tenth of one percent of the 16 million Tribune newspaper in Ames, IA, and the Iowa benefits than many of our hard-working citi- students enrolled in post-secondary edu- cation participated in AmeriCorps. Even if Cubs baseball team and is entitled, appro- zens. On top of that, the tax dollars funding priately enough, ``The Home Run Reader this program often go to wealthy families, Congress expands the program to 150,000 par- ticipants by 1997 as the Clinton administra- Summer Reading Program.'' This program maintaining their elitist pool of feel-gooders in- tion has requested, less than one percent of was conceived with the sole purpose of help- stead of inspiring do-gooders. Supporting ex- students will be able to participate. ing children discover the pleasure of reading. isting community based groups who already Furthermore, the majority of the students The program has been successful. perform charitable duties would incite civic vir- recruited come from wealthy, not poor or Last year marked the launch of the program tue and activism amongst others. needy, households. The AmeriCorps program and over 5,000 children and 26 libraries in 4 Mr. Speaker, since my warning 2 years ago is not means-tested (the liberals in Congress defeated conservative efforts to develop a Iowa counties were involved. The students wasn't enough to discourage my fellow Mem- ranged in age from 2 to 16 years of age and bers from creating another wasteful, bureau- means test). Thus, the children of wealthy and influential people can elbow out poor read or had read to them an astounding cratic program, I would like to offer the follow- students for participants in the program. As 50,000 books, according to Mary ing article that appeared in the Hill newspaper Sen. Robert Byrd (D-W.V.) noted on the Sen- Youngerman, a constituent in my district who as evidence of its failure. ``AmeriCorps: Rhet- ate floor, instead of sending one AmeriCorp served as the coordinator of the program. This oric vs. Reality'' provides justification for re- participant (who may or may not need finan- summer, the program will span eight counties scinding valuable tax dollars from this mis- cial assistance) to college, five needy stu- and its estimated that 12,000 young people dents could qualify for Pell Grants. guided program. will participate. [From the Hill, Mar. 29, 1995] Nor does AmeriCorps promote ‘‘volunteer- ism’’. Each AmeriCorps ‘‘volunteer’’ is paid a It is my hope that participating in this pro- AMERICORPS: RHETORIC VS. REALITY $7,400 stipend and a $4,750 tuition credit, gram will initiate a love of reading in children (By Allyson Tucker) worth approximately $7.27 per hour, plus that will last them for the rest of their lives. Ac- Thanks to a $1.7 million public relations medical benefits and free child care. The cording to Ms. Youngerman, this program was budget, AmeriCorps, the Clinton administra- total, tax-free AmeriCorps package is worth inspired by a similar program in Illinois. tion’s national service program created in nearly $20,000 annually, more than the in- Mr. Speaker, I hope other Members will feel 1993, remains a sacred cow despite a cost of come of 39.3 million working Americans. The free to contact me if they are interested in de- $30,400 per ‘‘volunteer’’ and abundant evi- total, non-taxable income of an AmeriCorps dence of waste and abuse. ‘‘volunteer’’ exceeds the median income of veloping similar programs in their districts. Consider the facts. In 1993–1994 AmeriCorps workers in the private sector, including Hopefully, bringing attention to the Home Run had about 20,000 ‘‘volunteers’’ who the Clin- those with years of experience. The edu- Reader Summer Reading Program will moti- ton administration promised would be work- cational benefits also exceed those available vate others to get involved at the local level to ing as teachers, doctors and police officers to to veterans. In addition, at least $15,000 per encourage young people to read and learn.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 766 CONGRESSIONAL RECORD — Extensions of Remarks April 4, 1995 WIZARDS OF WESTWOOD RECLAIM David is and will continue to be one of the [From the San Diego Union-Tribune, Mar. 29, NATIONAL TITLE premier television reporters in the Nation. 1995] In the many years that I have known David, REDISTRIBUTE STATE’S WATER HON. ESTEBAN EDWARD TORRES he has always been a shining example of in- LARGE CORPORATE FARMS SHOULD NOT BE OF CALIFORNIA tegrity and intelligence in broadcast journal- SUBSIDIZED IN THE HOUSE OF REPRESENTATIVES ism. David has been at KGO±TV since 1972, The future of San Diego County, and all of starting as a general assignment reporter, and Southern California, depends on water. In Tuesday, April 4, 1995 average years, we can supply only 5 percent now is the business editor and money reporter Mr. TORRES. Mr. Speaker, I rise today to to 10 percent of our own needs. We have to as well as a contributing reporter on ``Market- pay tribute to the new NCAA National Basket- import the rest from Northern California and ball Champion UCLA Bruins. place,'' the station's weekly business program. the Colorado River. It was a night for the ages. It was a night Recently, David Louie was elected as chair- Teh first thing businesses must know be- fore they can operate in San Diego is wheth- for the new to replenish the old, a night to man of the National Academy of Television Arts and Sciences [NATAS], a nonprofit orga- er they will have a guaranteed water supply cast-off the shackles of history of the glory of in the future. Without that, little else mat- the present, a night for old ghosts to summon nization of 10,000 members committed to en- ters. As San Diego continues to grow, and as new heroes. It was a night for the UCLA Bru- riching the quality of television programming. our economic future increasingly depends on ins to sustain its magnificent legacy with a Elected to the NATAS board in June 1994 and attracting new business or expanding exist- performance worthy of its storied past. The currently serving a 25-year term, David is ing ones, a guaranteed water supply will be- Bruins deliveredÐemphatically. known nationally for his remarkable contribu- come more important than ever. The game between the UCLA Bruins and tion to the field of journalism. California has plenty of water for San David's active involvement in the community Diego and everybody else, but for decades it defending national champion Arkansas Razor- has been locked up in the Central Valley. Ag- backs was truly a battle of titans. The Razor- and in promoting the advancement of broad- riculture uses about 80 percent of all the backs were trying to become only the second cast journalism prompted Mayor Frank Jordan water delivered in California, and Central NCAA basketball champion to repeat in 22 of San Francisco to declare July 19, 1994, as Valley agriculture accounts for most of that. years. The Bruins were trying to win their first ``David Louie Day.'' Also, David was inducted In the Central Valley, most farmers get championship in 20 years. They did not dis- into the prestigious NATAS Silver Circle, com- water subsidized by taxpayers. Some pay as appoint. They played with the skill, intensity, posed of media professionals who have little as $10 to $20 per acre-foot. Contrast and determination that befitted champions, that with farmers in San Diego County, who served as broadcasters for 25 years and who pay the same retail rate as the city—$550 to past and present. It was like Ali and Frazier, have made notable contributions to Northern $700 per acre-foot. Secretariat and Affirmed, Magic and Bird. California television programming. The artificially low water rates in the Champions who transcended their sport and In 1990, David was elected as national Central Valley, locked in by contracts as brought out the best in each other. president of the Asian American Journalists long as 40 years, help explain why so much of The game was played with Bruins past and Association, an organization encouraging eth- the state’s water never gets south of the present watching from the sidelines. The Wiz- Tehachapi Mountains. At such cheap prices, nic diversity in our Nation's newsrooms. He there is no incentive for farmers to conserve. ard of Westwood, John Wooden, was in the has and continues to serve with distinction in stands. Tyus Edney, the Little General, was But there is plenty of incentive to waste this extremely important capacity. water by farming marginal land and growing sitting on the bench with a badly sprained Mr. Speaker, these numerous awards and water-intensive crops in a virtual desert. wrist. It was said that the Bruins could not honors speak volumes about one of our Na- In recent years, the Central Valley’s grip match the Arkansas bench. It was said that tion's finest reporters. In friendship and admi- on the state’s water supply has begun to Bruins could not match Arkansas size and ration, I extend my most heartfelt congratula- loosen. In 1992, President Bush signed the strength. Finally, it was said that the Bruins Central Valley Project Improvement Act, tions to this extraordinary American. simply could not match the skill and resiliency which for the first time allowed Central Val- of the defending champions. But the Bruins f ley farmers to sell their water to cities. were more than a match for the Razorbacks. Now, the U.S. Department of Interior’s Bu- reau of Reclamation is moving to undo a dec- When the Razorbacks pressed, the Bruins WELFARE REFORM FOR WESTERN ades-old inequity that has allowed huge cor- attacked with speed and precision. When the WATER CHEATS porate farms to skirt acreage limits for sub- Razorbacks took it to the hole, the Bruins sidized water. If the feds are successful, blocked shots, stole passes and held the Central Valley farmers will have even more vaunted Arkansas inside game to season lows HON. GEORGE MILLER impetus to sell water to cities like San in points and rebounds. When the Razorbacks Diego. shot the rock from the perimeter, the Bruins OF CALIFORNIA Federally subsidized water was only sup- posed to be for small, family farms. Up until held Arkansas sharpshooters to an abysmal IN THE HOUSE OF REPRESENTATIVES 1982, the limit was 160 acres, although it was 10 of 28. And when the Razorbacks made a Tuesday, April 4, 1995 almost universally ignored. Then it was final frenzied run, the Bruins kicked out the raised to 960 acres, but huge farms of thou- jams and ran away for a 89±78 victory. Mr. MILLER of California. Mr. Speaker, sands of acres continued receiving taxpayer- The critics have been silenced. Digger while the House has been rushing to cut child subsidized water by simply dividing their Phelps, Dickie V. and the rest of hoop punditry care, school lunches, and a host of other pro- land into 960-acre trusts in the names of fam- must now pay the Bruins their due respect as grams for poor people, the Bureau of Rec- ily members. One of the nation’s largest cor- the 11th NCAA National Championship banner lamation has been quietly writing the last porate farms, J.G. Boswell, sold its acreage is hung from the rafters of Pauly Pavilion. to its employees’ trust fund. It was all done chapter of new rules that will help eliminate on paper; nothing changed on the ground. f one of the most abused subsidy programs in The Bureau of Reclamation, which for government. If you want to hunt down welfare DAVID LOUIE: A SHINING EXAM- years winked at such practices, now intends cheats, look to California's Central Valley, to crack down on them. Central Valley farm- PLE OF EXCELLENCE IN JOUR- where the Federal Government doles out mil- ers will fight back with their substantial po- NALISM lions of taxpayer dollars each year in the form litical clout. But the Bureau of Reclamation should hang tough. of illegal water subsidies to a few selected Taxpayers should not be subsidizing huge HON. TOM LANTOS owners of corporate farm operations. The OF CALIFORNIA corporate farms. But there also must be a water subsidy abuses have for years been a free-market redistribution of water re- IN THE HOUSE OF REPRESENTATIVES huge embarrassment of Presidents of both po- sources in California. Tuesday, April 4, 1995 litical parties. But the Clinton administration California’s cities are the industrial and Mr. LANTOS. Mr. Speaker, I rise today to has published new regulations that will once commercial engines that drive the state’s and for all close the loopholes in the Federal economy. To survive and prosper, San Diego honor and commend Mr. David Louie, a two- and other cities need more Central Valley time Emmy Award winning reporter for KGO± Water Program. The San Diego Union last water. Eliminating taxpayer subsidies for TV in San Francisco, for his long and distin- week published an insightful description of this huge corporate farms would free up water for guished career. After 25 years of excellence in resource ripoff. I urge my colleagues to closely cities. Federal officials should strictly en- broadcasting and a bright future ahead of him, read the following editorial. force the 960-acre limit for subsidized water. April 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 767 TRIBUTE TO VFW POST 2151 itol Hill charged with overseeing the Coast U of I at Chicago campus, the Beckman Insti- Guard's activities. tute for Advanced Science and Technology, HON. PETER J. VISCLOSKY Commander Lee coordinated hundreds of the President's Award and University Scholars OF INDIANA Coast Guard presentations at congressional Programs, and the National Center for IN THE HOUSE OF REPRESENTATIVES hearings and briefings, including annual budg- Supercomputing Applications, in addition to et briefings and updates on Coast Guard oper- construction of a host of new academic build- Tuesday, April 4, 1995 ations during the Cuban and Haitian refugee ings and laboratory space. President Mr. VISCLOSKY. Mr. Speaker, I rise today crises. Woody coordinated more meetings and Ikenberry's leadership and dedication to these to pay tribute to the past commanders and appearances on Capitol Hill by the two Coast and other projects have earned the U of I its auxiliary presidents of the Veterans of Foreign Guard commandants under whom he served continued paramount reputation in the aca- Wars Post 2151. On April 8, 1995, V.F.W. than had been coordinated during the entire demic and scientific research community not Post 2151 will hold a commemorative dinner previous decade. Woody's efforts to foster a only in Illinois but throughout the country. In- at their Post in Gary, IN, to honor their past of- better relationship and improved communica- deed, President Ikenberry's visionary and bold ficers. tion between top officials of the U.S. Coast leadership over the years has helped to estab- The past commanders of V.F.W. Post 2151 Guard and those of us in Congress resulted in lish the U of I as one of the premier and most include: Harold James, Otha Williams, Dan L. widespread and bipartisan support in the highly respected research institutions through- Williams, Joe Dishmon, Bob Wilson, Jesse house for the U.S. Coast Guard as it worked out the world. Rogers, Bill Woodard, William Rapier, Lee G. to carry out its many varied responsibilities. On a personal note, President Ikenberry has Coleman, and Virgil Fields. But Woody always believed that telling the been a good friend and someone with whom The past auxiliary presidents for V.F.W. Coast Guard story involved more than partici- it has been a fine pleasure to work closely Post 2151 include: Bertha Harvey, Dorothy pating in congressional hearings. In his years with over many years both as a Member of Jordan, Bessie Jones, Prestine Fontleroy, Ada as the Coast Guard's liaison officer in the Congress and during my service in the Illinois Williams, Jennie Young, Mary Clay, Elouise House, Woody organized and managed more General Assembly. I am pleased that Stan Woodard, Jessie M. Shackelford, Doris Dan- than 30 field trips for House staff members. and his wife Judith will continue to call Urbana iels, Mary Pendelton, Mattie Gault, Lula Mar- Those trips provided staffers with invaluable home and I look forward to continuing our shall, Doris Daniels, Verlee Perry, and first-hand information and a better understand- friendship in the years ahead. Vanessa Jenkins. ing of Coast Guard operations, missions, and Mr. Speaker, on behalf of the entire Illinois These former commanders and auxiliary needs. delegation I offer our congratulations to Presi- presidents have been dedicated to preserving In the same way, Woody understood the dent Ikenberry for his life-long commitment to the memory of the service of the U.S. soldiers need for his fellow Coast Guard officers to the highest quality education, the advance- to defend our country in foreign wars. Be- better understand how the Congress works. ment of research, and distinguished service to cause of the V.F.W.'s efforts in the preserva- That's why he volunteered to speak at the students at the U of I, as well as all of the tion of the history of the United States and for- Chief Petty Officer's Academy and the Re- people of Illinois and our country. We cannot eign affairs policy, our citizens can learn from serve Training Center Group Commander's thank him enough for his contributions toward past experience in hopes for a better world. course. That's also why he has taken the time the betterment of all our lives. Mr. Speaker, I ask you and my other col- to advise field commanders on how they can f leagues to join me in commemorating these foster greater understanding of Coast Guard missions by the public as well as by Federal- honorable men and women of V.F.W. Post HONORING PAUL J. MANAFORT 2151 for their dedicated service to our great level elected officials. country. A 1974 graduate of the U.S. Coast Guard Academy, Woody deserves our sincere thanks f for the 21 years of distinguished and selfless HON. NANCY L. JOHNSON SALUTING U.S. COAST GUARD service he has given to the U.S. Coast Guard OF CONNECTICUT COMDR. WILLIAM J. ‘‘WOODY’’ and to his country. Woody informs me that IN THE HOUSE OF REPRESENTATIVES LEE ON HIS RETIREMENT he's accepted an exciting and challenging po- sition at Raytheon, and that he plans to con- Tuesday, April 4, 1995 HON. JACK FIELDS tinue his marathon running. I know you, Mr. Mrs. JOHNSON of Connecticut. Mr. Speak- Speaker, and all of my colleagues join with me er, on Wednesday evening, April 26, 1995, OF TEXAS in wishing Comdr. William J. ``Woody'' LeeÐ IN THE HOUSE OF REPRESENTATIVES Paul J. Manafort, a friend and admired com- as well as his wife, Dona, and their two chil- munity leader will be honored as Citizen of the Tuesday, April 4, 1995 drenÐcontinued success and happiness in the Year by the New Britain Lodge of Elks. Paul's Mr. FIELDS. Mr. Speaker, those of us who years ahead. remarkable leadership and contributions to the have worked on issues important to the U.S. f greater New Britain community have spanned Coast Guard have enjoyed the opportunity to HONORING STANLEY O. many decades and represent a broad spec- work with Comdr. William J. ``Woody'' Lee. IKENBERRY, PRESIDENT, UNI- trum of civic, professional, community and Woody will retire from his position in the very VERSITY OF ILLINOIS, UPON HIS charitable endeavors. near future after 21 years of active duty serv- RETIREMENT Paul will be honored for his leadership, ice in the Coast Guard, and I would like to dedication and many achievements, both per- take a moment to salute his efforts on behalf HON. THOMAS W. EWING sonally and professionally. He has dedicated of the U.S. Coast Guard. his life to his family and community. Paul OF ILLINOIS Since 1992, Woody has worked closely with Manafort's elective service began on the New IN THE HOUSE OF REPRESENTATIVES many of us in the House on issues important Britain Board of Aldermen. He was elected as to the Coast Guard. I worked especially close- Tuesday, April 4, 1995 mayor in 1965 and served three terms during ly with Commander Lee from 1993 to 1995, Mr. EWING. Mr. Speaker, this week the Illi- a period of great cultural and societal change. when I served as the ranking Republican nois congressional delegation and alumni of His thoughtful and proactive leadership re- member of the House Merchant Marine and the University of Illinois in the Washington, sulted in strong economic development and Fisheries Committee. During those years, DC, area will honor U of I president, Stanley responsive public policies for the city. The re- committee staffers, Chairman GERRY STUDDS, O. Ikenberry. At the conclusion of this aca- spect Paul earned during his elective tenure and I all relied on advice and information sup- demic year, President Ikenberry will be retiring led to his appointment as commissioner of the plied by Woody to better understand the from his post after 16 years of outstanding department of public works where his state- needs of the men and women of the U.S. service to the U of I, the Champaign-Urbana wide service was widely acknowledged. Coast Guard as they worked to carry out their community, the entire State of Illinois, and in- Community service and volunteerism have many diverse missions. deed to the country. His daily presence in the been the cornerstone of Paul's commitment to Throughout the years I worked with him, I president's office will be deeply missed, but enriching the quality of life in New Britain. He was always impressed with Woody's tireless his influence will be felt for many years to has enjoyed membership in numerous civic, efforts on behalf of the Coast Guard, and his come. community and charitable organizations. His efforts to improve communication between top Among the highlights of President work with ethnic, veterans, disabled and Coast Guard officials and those of us on Cap- Ikenberry's tenure are the establishment of the church organizations is legendary. His active E 768 CONGRESSIONAL RECORD — Extensions of Remarks April 4, 1995 participation on the boards of the Boys' and I have just received a letter from Benjamin Gregorio Burgos and his wife, Lucia, on the Girls' Club, New Britain General Hospital, the Lu, the Republic of China's Representative celebration of their 50th wedding anniversary. Police Athletic League, his leadership with the here in the United States, which details some Reverend and Mrs. Burgos were united in Greater New Britain Opera Association, the of the further steps undertaken by the Repub- marriage in Puerto Rico on April 19, 1945. Sons of Italy, the Colombian Federation, St. lic of China since the conference. I would like They are a fine example of family unity and to- Ann Church and civic groups such as the to include it in the CONGRESSIONAL RECORD, gether have contributed a great deal to our Elks, Lions Club and the Knights of Columbus because I feel it is important that such efforts community and country. have afforded Paul many awards and much do not go unnoticed here in the Congress. I Rev. Gregorio Burgos has been actively in- acknowledgement throughout his many, many strongly commend the Republic of China's volved as a pastor and minister for the past 52 years of service. Those who have known and antinarcotics efforts, and submit the following years. He and Lucia have dedicated their lives worked with Paul know that his tremendous letter from Representative Lu: contributions to the community are founded in to helping others. Through their religious work TAIPEI ECONOMIC AND in the community they have touched the lives the deep personal satisfaction he has found in CULTURAL REPRESENTATIVE, helping others and his commitment to the city Washington, DC, March 14, 1995. of many in need. As a minister of the Church of New Britain and her citizens. Hon. CHARLES B. RANGEL, of God of the 7th Day, the Burgos have nur- Veterans, the disabled, young and old citi- U.S. House of Representatives, tured the spirits and minds of congregants zens alike, fellow volunteers, his family and Washington, DC. throughout New Jersey. They have worked to- friends will gather on April 26 to share their DEAR REPRESENTATIVE RANGEL: I am writ- gether to build congregations in many New ing to update you regarding an issue of great Jersey cities, including Paterson, Jersey City, very great appreciation, respect and admira- importance, international narcotics control. tion for one of the very great gentlemen and This is also a matter of mutual concern to Newark, and Camden. In the State of New leaders in the city of New Britain. the United States and my country, the Re- York they established parishes in the Bronx f public of China (ROC) on Taiwan. and Rochester, and in addition they have According to reports released by the Min- taken their message of love to Pennsylvania IN HONOR OF HAYNE W. DOMINICK istry of Justice of the ROC, drug related and the Caribbean. crimes such as drug abuse, trafficking and money laundering were increasing in the The Burgos have dedicated most of their HON. BOB GOODLATTE lives to their congregants and have known all OF VIRGINIA Taiwan area in recent years. However, the ROC government has taken effective meas- the joys and sorrows of the religious life. IN THE HOUSE OF REPRESENTATIVES ures to put the problems under control, and When there was illness among their Tuesday, April 4, 1995 the achievements were duly noted by Amer- congregants, they comforted the sick and their Mr. GOODLATTE. Mr. Speaker, with all of ican authorities. As commended by the families. When a child was born, they were the recent discussion about Enola Gay and ‘‘International Narcotics Control Strategy Report of 1995’’ of the United States Depart- there to join in the celebration. Whenever their some academic types trying to rewrite history, ment of State, officially released on March 1, was death, they were also there for consola- I'd like to talk a moment about a great Amer- my government has launched nation-wide tion and to give the family strength to go on. ican living in my district who knows much anti-drug programs and passed harsher laws Their strong love and commitment for each about the subject of World War II. against traffickers. In addition, although not other and their community helped inspired the His name is Hayne W. Dominick, and as a a member of the United nations, the ROC has writer Adalberto Mendez in his book entitled, 21-year-old machine gunner for the Army Air introduced ‘‘legislation in conformity with ``History of the Church of God of the 7th Day,'' Corps he fought the Japanese across the Phil- the 1988 UN Convention in the areas of Although both Gregorio and Lucia are ippine Islands and then made the last stand at money laundering, precursor chemical con- Corregidor. Days later, he survived the brutal trols and ‘illegal drug’ schedules.’’ semiretired, they remain actively involved in Both the record-breaking volume of drug and infamous Bataan death march. Like thou- their congregation as counselors. Reverend seizures and an impressive number of offend- and Mrs. Burgos have five children, Raquel, sands of his comrades in that march, Mr. ers indicted in Taiwan in recent years proved Dominick demonstrated a bravery, endurance, that our efforts have been fruitful. The re- Wilfredo, Elieser, Irma, and Sara. They are constancy in the face of torture and inhumane port also noted that ‘‘the Taiwan authorities also the loving grandparents of 15 grand- treatment, and compassion for his hurting have mounted a concerted effort to attack children and 4 great grandchildren. comrades that is perhaps unmatched in mili- the heroin trafficking problem and seizures Please join me in wishing Rev. Gregorio tary annals. Then, for another 4 years his of heroin have increased rapidly in the past Burgos, 79, and Mrs. Lucia Burgos, 68, a courage carried him through the horrors and few years. .. ’’ Nevertheless, a unilateral ef- happy golden anniversary. A celebration will brutality of a Japanese prison camp. fort of any country is not enough to win a complete victory against drugs. My govern- be held in their honor on April 9, 1995. I am We must never forget the true nature of ment, therefore, has thoroughly cooperated sure that their family and friends are inspired World War II. It was a war of aggression by with American as well as other international by the example that they have set. I wish military dictators and their followers in Japan law enforcement agencies to crackdown on them continued happiness and prosperity. and Germany. Our Armed Forces fought with all drug related crimes and will continue to supreme bravery and sacrifice to save our do so. The State report also indicated that, f way of life, to save democracy, to give suffer- in the last year, the ROC government not ing people back their freedom. And it was only ‘‘continued to cooperate well’’ with the A TRIBUTE TO CENTRAL FALLS fought and won by great patriots like Hayne Drug Enforcement Agency but also explored HIGH SCHOOL STUDENTS W. Dominick. with U.S. authorities the possibility of sign- ing a bilateral counternarcotics agreement. f The people and the government of the ROC HON. PATRICK J. KENNEDY TAIWAN’S SUCCESSFUL EFFORTS are as committed as you are to fighting drug problems. We hope you will take note of our OF RHODE ISLAND TO FIGHT NARCOTICS strong commitment and vigorous actions on this important matter. IN THE HOUSE OF REPRESENTATIVES HON. CHARLES B. RANGEL With warmest regards, OF NEW YORK Sincerely, Tuesday, April 4, 1995 IN THE HOUSE OF REPRESENTATIVES BENJAMIN LU, Mr. KENNEDY of Rhode Island. Mr. Speak- Representative. Tuesday, April 4, 1995 er, I rise today to honor a group of 25 stu- f Mr. RANGEL. Mr Speaker, in August 1993, dents from Central Falls High School who won I had the privilege to attend a Regional TRIBUTE TO REVEREND AND MRS. the Rhode Island title in the ``We the People'' Counter Narcotics Conference in Taipei, Re- BURGOS competition on the Constitution and the Bill of public of China. The conference was held in Rights which was held March 12 at the Com- conjunction with the Republic of China's Min- HON. ROBERT MENENDEZ munity College of Rhode Island. istry of Justice, and was attended personally OF NEW JERSEY The 25 juniors are all students in the U.S. by Justice Minister, Dr. Ma Ying-jeou. The de- IN THE HOUSE OF REPRESENTATIVES history class taught by Bertrand Brousseau, cision to hold the conference in Taipei, to- gether with Minister Ma's participation, was yet Tuesday, April 4, 1995 another indication from our friends on Taiwan Mr. MENENDEZ. Mr. Speaker, I would like of the seriousness of their antidrug efforts. to take this opportunity to congratulate Rev. April 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 769 who is the chairman of the social studies de- fice's analysis of the administration's proposal the elderly and poor, those which provide partment at Central Falls High School. The strongly suggests the proposal has been community service volunteer placements in students will compete for national honors in rigged with financial assumptions to make the our inner cities, and those which provide joining 1,200 students from across the Nation concept superficially attractive. healthy lunches for our schoolchildren. This in Arlington VA; and Washington DC, from While I recommend the administration for week, Republicans would widen the gap be- April 29 to May 1. taking a proactive role in FAA reform, the tween the rich and the middle-class by pass- The competition involves students dem- plans has earned almost no support from the ing a healthy tax break for the wealthiest onstrating their knowledge of constitutional industry or from Congress. But there has been members of society. principles and their relevance to contemporary one positive outcome to the discussions about Of course, reducing our $4 trillion deficit is issues. Making the feat more impressive is privatizing the nation's ATC system. It has a responsibility for all Americans. However, if that 14 of the 25 students from Central Falls helped focus the debate, allowing several the average American thinks that everyone is High School learned English as a second lan- common complaints about the FAA to emerge. equally sharing the burden of balancing the guage. Some of the students or their parents My legislation seeks to address those key budget, it's time for a wake-up call. While are natives of Portugal, Mexico, Puerto Rico, obstacles which nearly everyone agrees are many Americans will have to learn to do more El Salvador, Mozambique, Colombia, Liberia, hampering our efforts to keep pace with tech- with less and while many worthwhile Federal Poland, and Vietnam. nology and the growth of the aviation industry. programs are facing the Republican firing I will be visiting these award-winning stu- For example, the DOT structure hinders the squad, some industries have been granted dents in their classroom on April 10 to wish FAA from doing its job in the most effective clemency from deficit reduction efforts. The them the best of luck in this competition. I am manner. By reestablishing an independent mining, grazing, timber and agricultural indus- very proud of their accomplishments. They FAA, we eliminate the many layers of review tries, which use Federal mineral resources have shown that hard work and desire, along by Department of Transportation political ap- and operate on public lands, continue to with proper parental and educational support, pointees and their staffs. While no former FAA can overcome any language barriers. Administrator supports the ATC Corporation shamelessly receive billions of taxpayer dol- I'd like to offer my congratulations and best proposal, restoring FAA to independent status lars in Federal subsidies each year, and Re- wishes to Mr. Brousseau and his students: is supported by 10 of the 11 living former FAA publicans plan to do nothing to ensure Ameri- Kelly Bianchi, Berta Couto, Elizabeth Diaz, Administrators. cans a better return for their resources. Elizabeth Gartska, Linda Layous, Juan My bill provides an independent FAA with I'd like to submit for the RECORD and urge Menzano, Christine Patricio, Hannah Tarawali, the personnel and procurement reforms need- my colleagues to read a March 27 op ed by Alexandra Zaldana, Janet Blandon, Yolanda ed to ensure the safety of the users of our in- Mr. Jim Gogek that highlights some of the cir- DaSilva, Michelle Doucet, Martha Gutierrez, creasingly complex and busy aviation system. cumstances under which public resource in- Rebecca Lussier, Nelci Paiva, Celina Sackal, It establishes two pilot programs; one to ex- dustries continue to receive Federal handouts. Halena Taveira, Melenie Casto, Daisy Diaz, empt the FAA from procurement regulations In his San Diego Union-Tribune editorial, Mr. Susan Freitas, Melanie Kowal, Mike Macedo, which hamper its ability to acquire the cutting Gogek describes some of the egregious Fed- Beatriz Patino, Kathy Siwy, and Agnes Wec. edge technology it needs, and another to ex- eral policies that pad the pockets of natural re- f empt FAA from most civil service rules except source development companies with billions of those relating to employee benefits. dollars each year. FAA SHOULD BE AN INDEPENDENT The bill creates a select panel to review and Understandably, the taxpayers are outraged AGENCY report to Congress on innovative funding by these massive handouts to multimillion dol- mechanisms, such as loan guarantees and re- lar industries and are calling for an end to cor- HON. JIM LIGHTFOOT structured grant programs, to ensure that the porate welfare, but most Republicans appear OF IOWA money is there for future improvements of the indifferent to their demands. How much longer IN THE HOUSE OF REPRESENTATIVES Nation's aviation infrastructure. will the taxpayer have to watch the new major- Tuesday, April 4, 1995 My bill will establish a management advisory ity in Congress cut valuable programs in order to pay for timber sales in our national forests Mr. LIGHTFOOT. Mr. Speaker, today I am board made up of high-level industry rep- that lose money? How much longer will large introducing legislation to restore the Federal resentatives to advise the Administrator on mining companies be able to extract gold and Aviation Administration to independent agency management, policy, spending, and regulatory silver from our public lands for only $2.50 an status. The legislation will also provide the matters. And it will mandate that final action acre? How much more money in subsidized ir- FAA with the major personnel, procurement, must be taken on all FAA rulemakings within rigation must we give to huge agribusinesses and finance reforms needed to keep America's 18 months after the date of their initiation. air traffic control system the best in the world. I'm offering my bill as a starting point for de- for surplus crops? How much longer will we Although our national air transportation sys- veloping consensus towards a meaningful and allow the annual giveaway of hundreds of mil- tem is the best in the worldÐit should be bet- realistic reform effort. I hope you will join me lions of dollars to ranchers in the forms of ter. As a pilot and flight instructor, I've seen a as I continue to work with the leaders of the cheap grazing leases and free livestock feed? lot of problems with the FAA bureaucracy. And aviation communityÐthe airlines, general avia- How much longer must we all tighten our belts I've heard from far too many people who've tion, FAA employeesÐto shape these ideas so that these industries, many of which are had first-hand experience with the mis- into the kind of package all of us can support. not even controlled by American citizens, may management and inefficiencies at the FAA. f continue to grow rich from our tax dollars? These are exemplified by the advanced auto- In February 1995, I introduced the Public TAXPAYERS, TIGHTEN YOUR BELT Resources Deficit Reduction Act, legislation mation system, which is the core of the air- TO PAD INDUSTRY’S PURSE? space modernization effortÐa project bungled which will recover more than $3 billion a year so badly that it is billions over budget an years HON. GEORGE MILLER lost through these unreasonable Federal sub- behind schedule. sidies. I am pleased that 44 other Members, OF CALIFORNIA from both sides of the aisle, have joined me We're clearly not doing our best to ensure IN THE HOUSE OF REPRESENTATIVES that ours is the safest and most efficient sys- as co-sponsors of this legislation which will tem possible. We've reached a point in the de- Tuesday, April 4, 1995 end this corporate welfare. As Congress con- velopment of our aviation system where we Mr. MILLER of California. Mr. Speaker, as tinues to work toward increasing fiscal ac- can no longer postpone action. It is clear that Congress nears the end of the first 100 days, countability and boosting returns to the Treas- everyone, the administration, Congress, and let us examine some of the choices the new ury, I urge my colleagues to consider joining the aviation user groups agree on the need for Republican majority has made to find ways to us in our efforts to achieve fair-market value reform at the FAA. reduce the Federal deficit. In January, the Re- for the use of the public's resources. At the appropriations committee, we heard publican majority passed its balanced budget [From the San Diego Union-Tribune, Mar. 27, Secretary of Transportation Federico Pena amendment without explaining to the Amer- 1995] testify that the Clinton administration's pro- ican citizens which Federal programs will be posal for a Government-owned ATC Corpora- sacrificed for the sake of deficit control. The BIG AGRICULTURE ALSO DRAINS THE FEDERAL TILL tion is the only solution to the problems that Republican's rescissions bill, however, pro- exist at the FAA. Yet there is near-universal vided a glimpse of the programs on the chop- (By Jim Gogek) agreement that the administration's proposal is ping block, those which provide summer jobs My Republican colleagues promise that no solution at all. The General Accounting Of- for our youth, those which provide housing for House GOP members will soon begin taking E 770 CONGRESSIONAL RECORD — Extensions of Remarks April 4, 1995 on federal subsidies to business—dubbed $2.50 to $5 an acre. A mining company holds Munster High School; Albert Rodriguez, Lew ‘‘corporate welfare’’—now that they have cut a claim to a huge platinum strike in na- Wallace High School; Melissa Rodriguez, funding for such social programs as job tional forests in Montana estimated to be Hammond High School; Joshua Rodriguez, training, drug courts, vocational education, worth $32 billion. The federal government summer jobs for kids, housing for the poor will receive at most about $10,000 for patent- Griffith High School; Elvin Roman, Horace and elderly and food subsidies for low-in- ing the claims and acreage fees. Mann High School; Aaron Vela, Lake Central come women, infants and children. Ranchers pay $1.86 a month per animal High School; Cara Velez, Portage High San Diego’s freshman Republican, Rep. unit, which equals one cow and calf or four School; and Brett Sweet, Lowell High School. Brian Bilbray, was here recently and made sheep, to graze on public land. The fee on pri- The students who will receive awards for the same promise: Subsidies are next on the vate property is $10 a month. Federal grazing outstanding athletic achievement include: block. However, he admitted that it might be leaseholders are allowed to sublease their Aeric Arreguin, Highland High School; Robert a tough battle cutting some agriculture-re- land—at a substantial profit. Many lease- Avila, Andrean High School; Phil Benavides, lated items, such as the $500 million ethanol holders are huge corporate ranchers. One subsidy that goes mostly to one company in rancher in California leases 5 million sub- Lowell High School; Juan Carlos Buezo, Lew Illinois. sidized acres in California, Nevada and Wyo- Wallace High School; David Brugos, Clark Big Ag greases the skids in Washington as ming. High School; Arturo Corral III, Wirt High well as anybody. The constituency favoring In California alone, the private use of pub- School; Jessica Figureroa, Merrillville High corporate subsidies has a lot more money for licly owned timber, grazing and mineral re- School; Victor Garcia, Griffith High School; greasing than does the poor people’s con- sources on national forest property resulted Eusebio Gonzalez, Gavit High School; Jerame stituency. So don’t hold your breath. in a $34 million net loss for taxpayers in 1993. Here in California, federal subsidies are Hicks, East Chicago Central High School; Not all public subsidies to business are Daniel Mayorga, Hammond High School; themselves a cash crop. Central Valley agri- bad. Some, such as certain research subsidies culture floats on the federal dole. Timber, for medicine and science, return much great- Jason Mendoza, Munster High School; Rich- mining and ranching operations also belly up er social benefits than the original cash out- ard Mendoza, Hammond Morton High School; to the trough. These are the same folks, by lay could buy. David Ortiz, Portage High School; Matt the way, who vehemently oppose any govern- But providing millions of dollars to Rodriguez, Calumet High School; Vincent ment regulation on their land. But they have wealthy corporate farms? Giving away bil- Rosado, River Forest High School; George no problem accepting a government handout. lions in valuable minerals and timber on Torres, Bishop Noll High School; James Let’s take a look at some of California’s public land? And perhaps worst of all, subsi- natural resource subsidies, starting with ag- Torres, Lake Central High School; Erin dizing the destruction of our forests, wilder- Valdivia, Hobart High School; and Tom riculture: ness, grasslands and fisheries? The Central Valley Project, a huge federal What do you call a public policy that does Zelaya, Crown Point High School. project that provides water to farmers in the all that while at the same time slashes funds Aisha Ceballos of Gary Emerson High San Joaquin and Sacramento valleys, has for summer jobs for kids? I can think of sev- School will be awarded both an academic and cost taxpayers between $34 billion and $70 eral words, but this is a family newspaper. athletic award by the coordinating council at billion since passage of the Reclamation Act their annual banquet. of 1902, according to the Congressional Budg- f et Office. The council will also present the outstanding Of the nearly $1 billion spent just to con- TRIBUTE TO THE NORTHWEST IN- family award to Rafael and Doritila Fletes of struct its irrigation facilities, only about $50 DIANA HISPANIC COORDINATING East Chicago. This distinguished couple was million has been paid back by users. COUNCIL carefully selected from many qualified families Central Valley Project water districts pay on the basis of their unity and dedication to a fraction of the full cost of water. According HON. PETER J. VISCLOSKY one another's successes. Ms. Eliza Vela will to a 1991 federal study, Westlands Water Dis- OF INDIANA receive the community service award. The trict paid $8 per acre-foot of water whose full labor award will be given to Mr. Robert Flores. cost was actually about $46 per acre-foot. IN THE HOUSE OF REPRESENTATIVES Some federally subsidized water goes to ir- Tuesday, April 4, 1995 Mr. Francisco Loza, president of the River rigate surplus crops, which receive an agri- Forest and Lake Station School Corporation culture subsidy. A federal study in 1986 found Mr. VISCLOSKY. Mr. Speaker, I rise today Dual District Bilingual and Migrant Education that California crops receiving subsidized to commend the efforts of the Northwest Indi- Program, will be awarded the president's water were also getting nearly $500 million ana Hispanic Coordinating Council for their award. Finally, Ms. Maria DeLaLuz Murillo in crop subsidies. numerous contributions to northwest Indiana. Tellez will be honored with the distinguished One of the nation’s largest corporate Founded on November 15, 1988, the His- Caesar Chavez Award, in honor of the late farms, J.G. Boswell Co., tills about 192,000 panic coordinating council is composed of charismatic president and founder of the Unit- acres in the Central Valley that are irrigated leaders from over 40 different Hispanic organi- with federally subsidized water. ed Farmworkers. Farmers receiving federally subsidized zations. These people have committed them- Media recognition awards will go to Mr. Mi- water are negotiating contracts to sell that selves to improving the quality of life for the chael Puente and Mr. Michael Gonzalez, of water to cities like San Diego—at market Hispanic residents of northwest Indiana. Coun- the Post-Tribune; Mr. Mark Arrendondo and prices. cil president and cofounder Benjamin T. Luna Mr. Jose Alvarez, of the East Chicago News; Besides water and crop subsidies, most has been instrumental in providing the His- Mr. Christian B. Candelaria, of the Herald Central Valley farms benefit from subsidized panic community with motivation and opportu- News Group; Mr. Tom Gutierrez, Jr., of WJOB power from government-built hydroelectric nities for excellence. radio; Ms. Terry Serna, of La Voz Newspaper; dams to pump subsidized water to their On April 8, 1995, the coordinating council fields. Some farms also receive millions to Mr. Joe Arrendondo, of channel 56/WYIN; Ms. help market products overseas. will present honors to 42 top scholars and ath- Sylvia Lopez, of WGN; and Mr. Carmello Over the last decade, $1.3 billion in agri- letes throughout northwest Indiana. The coun- Melendez. culture subsidy checks were mailed, not to cil will also present their annual recognition Mr. Speaker, I ask you and my other col- rural areas but to major cities and their sub- awards to deserving individuals. The council leagues to join me in applauding all of the urbs, where corporate farms and absentee will honor these distinguished people at a ban- award recipients chosen by the Hispanic co- farmers have their offices. San Diego re- quet which will be held at the American Legion ordinating council. I feel that all of the partici- ceived $11.8 million, Los Angeles $10.8 mil- Post 369 in East Chicago, IN. pants are most deserving of the honors that lion and San Francisco $13.9 million. Sac- The students who will receive awards for ramento received $102 million. A corporation will be bestowed upon them. It is my privilege based in Rancho Bernardo got almost $1 mil- outstanding academic achievement include: to commend them on their achievements. Patricia Alvarado, River Forest High School; lion for a farm in Montana. f Those are only some of the agricultural Albert Davila, Merrillville High School; Alyssa subsidies in California alone. Imagine the cu- Diaz, Highland High School; Guadalupe Gon- PERSONAL EXPLANATION mulative sum we pay for the whole nation. zalez, East Chicago Central High School; Jes- Then there are subsidies for grazing, min- sica Herrera, Martin Luther King Academy; ing and timber. Here’s a few goodies: Tania Higareda, Clark High School; Maria HON. ESTEBAN EDWARD TORRES The National Forest Service alone incurred Lule, Bishop Noll High School; Karla Madrigal, OF CALIFORNIA $557 million in net losses in 1993 in timber sales, grazing leases and mining subsidies. Hammond Morton High School; Xochilt Me- IN THE HOUSE OF REPRESENTATIVES dina, Hammond Gavit High School; Becky Ra- A 120-year-old mining law doesn’t require Tuesday, April 4, 1995 royalties based on the value of metal ores mirez, Crown Point High School; Edwin Rami- taken from federal land. The only payment rez, Horace Mann High School; Robert Rami- Mr. TORRES. Mr. Speaker, during rollcall for ownership of a claim is a fee of between rez, Calumet High School; Jennifer Ramos, vote Nos. 280 and 281 on H.R. 716 and April 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 771 House Resolution 120, I was unavoidably de- School concert band in Houston, TX, on re- [From the San Francisco Chronicle, Apr. 3, tained. Had I been present I would have voted cently winning the Sudler Flag of Honor, which 1995] ``yes''. I ask unanimous consent that my state- is presented to the most outstanding high WELFARE ON THE CHEAP IS NOT REFORM ment appear in the RECORD immediately fol- school concert bands in the United States and Any hope that the Senate might salvage lowing rollcall vote Nos. 280 and 281. Canada. some glimmer of actual ‘‘reform’’ from the f Under the direction of Mr. Philip Geiger, the House-passed welfare bill largely vanished Westfield High School concert band is just the last week when Senate Finance Committee SCHOHARIE COUNTY, NY, 31st concert band to earn the Sudler Flag of chairman Bob Packwood, R-Ore.—who will CELEBRATES BICENTENNIAL Honor in the 12 years that it has been award- draft the Senate version—indicated he would ed. The award is presented by the John Philip go along with the House in ending the fed- eral entitlement nature of most welfare pro- HON. GERALD B.H. SOLOMON Sousa Foundation and is intended to recog- grams and turning them into block grants to OF NEW YORK nize and salute high school concert band pro- the states. grams of international-level excellence. IN THE HOUSE OF REPRESENTATIVES That basic approach has everything to do Winning the Sudler Flag of Honor proves with cutting spending for the poor in order Tuesday, April 4, 1995 what many of us have known for along time: to heap tax cuts on the rich—and virtually Mr. SOLOMON. Mr. Speaker, I have always that the Westfield High School concert band is nothing to do with welfare reform. been proud of the heritage and physical beau- among the very best concert bands in North As Senator John Chafee, R-R.I., noted last week: ‘‘Instead of focusing on employability ty of the 22d Congressional District of New America. The Sudler Flag is designed in red, white * * * out-of-wedlock births and * * * York which I have the privilege of represent- intergenerational welfare dependency, the ing. It is for this reason, to savor the history and blue and features the logo of the John focus (of the House bill) seems to be entirely and character of the picturesque towns and Philip Sousa Foundation. The flag becomes on how to save money. * * * ’’ counties, that I return home every weekend. the property of the band. Each member of the That, in fact, is the basic flaw in the Re- We often forget, Mr. Speaker, that the real band receives a personalized certificate and publican approach: the contradiction be- America is not Washington, but the small the band director receives a personalized tween saving money and reforming welfare. towns and villages where real people live and plaque. Real welfare reform, the kind that ends de- To be eligible for the Sudler Flag, a high pendency and self-defeating behavior by put- work. I would like to talk about a collection of ting people to work, costs money, it doesn’t such towns today. school must have maintained a fine concert band for at least 7 years. Although the band's save it. It requires, at a minimum, paying On Saturday June 3d, Schoharie County, for job training, child care and job creation— NY will celebrate its 200th anniversary. This concert activities receive the most attention in none of which are adequately provided today. county was formed by the New York State the selection process, the high school's band The original GOP contract spoke of spend- Legislature from parts of Albany and Tryon program must be a complete one and must in- ing $10 billion on jobs programs. The House- Counties in 1795. However, its history began clude a marching band, small ensembles, and passed bill offers nothing—simply the re- long before this official action. The area was solo participation by its members in contests quirement that welfare recipients must work after two years, whether there are any jobs settled by German explorers in 1712 when and festivals. Also, the band conductor must have been at the same high school for at least or not, or lose benefits. they arrived from the lower Hudson Valley. Trying to do welfare on the cheap will re- This frontier region prospered with its rich 7 consecutive years and is expected to be in- volved in professional band and music edu- sult only in a system even less effective and farmlands, rolling countryside, and quiet more wasteful than the present one. It is not streams. In fact, this county adopted the In- cation organization and activities on the local, simply foolish, but mean-spirited, for it dian name for the river which ran through the State and national level. arises not from any desire to improve an im- valley, Schoharie. Mr. Speaker, I know that you join with me perfect system, but from the barely disguised With its splendid forests and fertile river in congratulating the young men and women motive of trying to pay for $190 billion worth of middle- and upper-class tax cuts at the ex- bed, the Schoharie Valley was an agricultural of the Westfield High School concert bandÐas well as conductor Philip GeigerÐon this sig- pense of the weakest, most disenfranchised hotbed for many years. However, the county members of society: poor women and chil- has changed since those days, like just about nificant achievement, and I know you join with me in wishing everyone associated with the dren, who are the major beneficiaries of wel- everything else in America. Now, Schoharie fare, and legal resident aliens, who have paid band continued success in the years ahead. County employs only 5 percent of its popu- taxes and played by all the rules but can’t lation in agricultural and forest work. Still, it f vote. What would real welfare reform look like? has retained its small town character and SAN FRANCISCO CHRONICLE EX- charm and the Schoharie Valley remains one It might well include the GOP demand to PLAINS REPUBLICAN WELFARE turn programs over to the states, as Presi- of the most scenic regions in New York State. REFORM dent Clinton has also urged, so that flexibil- One thing that thankfully hasn't changed, ity and experimentation might flourish free Mr. Speaker, is the pride and values of the HON. TOM LANTOS of burdensome federal mandates. It would citizenry. On June 3d, residents of Schoharie OF CALIFORNIA also include more money, not less, for inno- vative jobs programs. County will take part in day-long festivities IN THE HOUSE OF REPRESENTATIVES commemorating their heritage. There will be But the Republican block grant approach tours of the various historical sites which mark Tuesday, April 4, 1995 simply replaces liberal federal mandates the region as well as parades and plenty of Mr. LANTOS. Mr. Speaker, the San Fran- with conservative ones, and it further con- cisco Chronicle has done a superb job cutting stricts the states by reducing overall pro- small town camaraderie. I commend the peo- jected spending by some $65 billion over five ple here for their commitment to their region through the deceptive rhetoric of the majority years in order to pay for tax breaks. and the Schoharie County Bicentennial Com- in Congress to reveal the real reason behind As the Economist magazine observed last mittee for their hard work in organizing this welfare reform, Republican style: massive tax week, the Republicans are passing up a event. cuts for the rich paid for by cutting benefits to chance ‘‘to do welfare reform in a way that Today, Mr. Speaker, I ask all Members to the millions of poor, elderly, disabled, and is right rather than merely right wing.’’ If join me in an anniversary tribute to Schoharie legal aliens of our country. As the editors so the Senate goes along, the only hope for real County, a great place to live. aptly point out, simply cutting benefits to our welfare reform will be the veto pen. f most vulnerable citizens will do absolutely f nothing to solve the most difficult problems CONGRATULATING THE WEST- facing them and our society as a whole. TRIBUTE TO THE MONMOUTH FIELD HIGH SCHOOL CONCERT Meaningful welfare reform must replace de- COUNTY URBAN LEAGUE BAND pendency with independence while maintain- ing the safety net for those truly in need. Al- HON. JACK FIELDS though real reform will not be simple and it will HON. FRANK PALLONE, JR. OF NEW JERSEY OF TEXAS not be cheap, the alternativeÐcutting off our IN THE HOUSE OF REPRESENTATIVES most needy citizensÐis the epitome of short- IN THE HOUSE OF REPRESENTATIVES sightedness. Mr. Speaker, I commend your at- Tuesday, April 4, 1995 tention and the attention of my colleagues to Tuesday, April 4, 1995 Mr. FIELDS. Mr. Speaker, I appreciate this this excellent and timely editorial, and I ask Mr. PALLONE. Mr. Speaker, on Thursday, opportunity to congratulate the Westfield High that it be placed in the RECORD. April 6, 1995, the Monmouth County, NJ, E 772 CONGRESSIONAL RECORD — Extensions of Remarks April 4, 1995 Urban League will hold its Second Annual 50 years ago this month they met in Washing- But his claim that his Haiti was a ‘‘triumph’’ Equal Opportunity Awards Dinner at the Long ton on a blind date. That night, April 12, 1945, is none the less as spurious as it is self-de- Branch Ocean Place Hilton. I would like to was the day President Roosevelt died. Ann ceiving. This version of events may sit well take this opportunity to congratulate the Mon- and Lorin had to change their plans to dine with those Haitians who’ve done well from mouth County Urban League, and its new Aristide’s return; it may also carry the day out and instead ate at the home of a friend. with the liberal press and what’s left of the president Dr. Webster Tremell, for the excel- Obviously the location of their meal was unim- Black Caucus in Congress. But history, I pre- lent work that the league has done in lending portant, as their courtship began in earnest dict, will judge Clinton’s Haitian adventure a helping hand to those in our community who shortly thereafter, and they were married in less generously. More likely it will be seen as need it mostÐand to give my strongest en- October 1946. an unnecessary, grotesque mismatch of U.S. couragement for their future endeavors. Mr. Speaker, although Ann and Lorin cannot power to U.S. interests. Mr. Speaker, the mission of the Urban come to Washington to celebrate the April 12 Is that too harsh a verdict? If you think so, League as a nonprofit community-based social anniversary of their first meeting. I am pleased just ask three questions: service and civil rights organization is to assist to honor them for a relationship that has en- Did Haiti under Cedras (or any other ruler) African-Americans and other minorities and dured 50 years. It is increasingly rare in our pose a threat to U.S. security? It didn’t. It couldn’t. It doesn’t. Haiti has no military low-income families and individuals to achieve society that a couple exhibits the qualities of social and economic equality. The league, airfields, no naval ports, no missiles sites loyalty and love demonstrated by the Wash- like those in Cuba that enemies of America whose national headquarters is in New York ers, and I am pleased to draw attention to this might use. Militarily, Clinton’s invasion was City, has 114 affiliates across the nation. outstanding couple as the reminisce about not a classic case of using a billion dollar ham- Working through social work, economics, and only their courtship, but so many years of mar- mer to crack a 20-cent nut. the law, the league seeks to secure equal op- ried life. Couples like the Washers have much Was Haiti crucial to the economic inter- portunities in all sectors. While seeking to im- to teach and much to remember, and deserve ests of the United States? No, it wasn’t. It prove the quality of life for racial minorities, our congratulations on this unique day in their isn’t. It couldn’t be. Haiti has no oil, no min- the league is also devoted to the goal of build- lives. erals, no products of any kind the United States needs to earn its living. Trade with ing bridges between the races. f The league was founded in 1910 in re- Haiti is so insignificant that when the Unit- sponse to the needs of southern blacks who CLINTON RELISHES HIS ed States imposed a total embargo, few migrated to New York seeking enhanced eco- UNNECESSARY INVASION Americans even noticed, outside a few travel nomic opportunities, only to be confronted with agents in Miami. Were the lives of American citizens at risk unemployment, scarce health care, and over- HON. CHRISTOPHER COX in Haiti? No, they weren’t. Despite all the ef- crowded housing. The league was created OF CALIFORNIA forts of the State Department, not one exam- through the merger of several organizations IN THE HOUSE OF REPRESENTATIVES ple was found of Americans suffering oppres- dedicated to assisting these new arrivals and Tuesday, April 4, 1995 sion or wrongful imprisonment in Haiti. combatting the racism of that era. In the years Lacking these or any other reasons of U.S. since, the league has expanded into a nation- Mr. COX of California. Mr. Speaker, the oc- national interest, President Clinton based wide organization, and many distinguished casion of President Clinton's visit to Haiti is his case for invading Haiti on the need to im- leaders have presided over the league in the occasion to reflect on the ill wisdom of his pol- pose—or restore—democracy. But why in years since, including, Whitney Young, Vernon icy there. It is ``his'' policy because, as he did Port au Prince, but not—as Ronald Reagan Jordan, and the current president and chief with Mexico, he bypassed the Congress. The sought to do in the face of Clinton’s criti- executive officer, John E. Jacob. following article by Sir Eldon Griffiths is a so- cism at the time—in Salvador or Panama or bering analysis of the Clinton Haiti policy. Nicaragua? The Monmonth County League has sought Okay, Cedras was a rightwing brute, just CLINTON RELISHES HIS UNNECESSARY to bring together a broad cross-section of pub- as Aristide is a leftwing demagogue. But if INVASION lic and private sector leaders representing the Cedras was grinding down the Haitian people corporate, banking, legal, government, and By the time you read this, U.S. troops in to a level that justified U.S. intervention, educational communities. Among the major Haiti will be pulling out in favor of a U.S.- why didn’t Washington first try to overthrow goals of the Monmouth chapter of the league led, U.S.-munitioned, and largely U.S.-fi- him with the CIA (as it did in Guatemala and nanced U.N. army. President Clinton is in are programs to assist unemployed and un- Cuba)? And how come, when Jimmy Carter this tiny speck of an island, ready to pass went to Haiti with Colin Powell and Sam deremployed people to become self-sufficient the baton—I almost said the buck!—to U.N. Nunn, Carter claimed the U.S. embargo was through job readiness counseling, job develop- Secretary General Boutros Boutros-Ghali, ‘‘shameful’’ and called Cedras ‘‘an honorable ment, job bank and referral services, and en- whose thankless task now becomes to hold man’’ with whom the United States could do the ring in Haiti while the smallest, poorest trepreneurial advocacy. The league also works business? country in the Western Hemisphere struggles to address the housing needs of the commu- When the full story comes to be told, Haiti, to construct a ‘‘viable democracy.’’ nity, through the development of affordable I suspect, will turn out to have been the Un- housing and counseling to assist families and I wish the United Nations better luck than its hapless multinational forces experienced necessary Invasion. The United States got individuals who may qualify for various forms after the United States handed over Somalia. sucked into it in large part because can- of rental or home ownership assistance pro- Let’s also acknowledge that six months—and didate Clinton publicly broke with George grams. The league also works in developing several billion dollars—after Jimmy Carter Bush’s policy of sending back the Haitian leadership through the support of young adults brokered his deal and Bill Clinton sent in an boat people, with the result that hundreds of and professionals serving in mentorship and air-sea armada with more firepower than all thousands set off for Florida, creating a tutorial programs. Efforts also focus on health the armies of Latin America combined. Port problem that Clinton in office found he au Prince is probably less dangerous than it couldn’t handle. Clinton was then humiliated education and prevention programs. when he sent in the USS Harlan County sup- Mr. Speaker, it is a great honor for me to was under the rule of Raoul Cedras and his thugs. With the U.S. embargo lifted, some, ply ship with a bunch of officials on board pay tribute to the work of the Monmouth though by no means all, of Haiti’s services who turned tail at the first whiff of grape- County Urban League, and to wish for its con- and small firms are back in business. Most of shot from Cedras’s goons on the dock. And so tinued success in the future. those Haitian boat people intercepted by the it came to pass that stopping the flow of ref- f U.S. Coast Guard as they tried to get to ugees (that Clinton himself had invited), and Florida are being repatriated, many forcibly, putting Aristide back in Cedras’s place, be- IN RECOGNITION OF LORIN AND from the unsanitary camps that shame came the leitmotifs of U.S. foreign policy. ANN WASHER America in Cuba and Panama. Never mind Cuba, where the dictatorship Last Tuesday’s high-noon murder of a was harsher and the outflow of migrants HON. BILL BAKER prominent Haitian lawyer who had criticized larger. Forget Rwanda, where millions died, President Aristide is, however, a reminder or Angola and all the rest. Haiti was a case OF CALIFORNIA that Port au Prince still is riven by dan- of presidential pique and strategic misjudg- IN THE HOUSE OF REPRESENTATIVES gerous elements, but thanks to the U.S. Ma- ment, of liberal idealism, and Florida’s Tuesday, April 4, 1995 rines (and a growing Haitian police force), Democratic politics getting in the way of the situation in the capital has improved to any objective long-term assessments of U.S. Mr. BAKER of California. Mr. Speaker, re- a point where it’s less frightening to walk in diplomatic priorities and America’s true na- cently a couple from my district, Lorin and Ann the streets at night than it is in, let’s say, tional interests. Washer, needed to cancel a long-awaited trip Washington, D.C. So when the president returns to Washing- to the Nation's Capital due to health reasons. Clinton has every reason to praise the U.S. ton, let’s hope he lays aside his mantle of It would have been a special trip for them, as forces. They did what he told them to do. Liberator—or is it Conqueror?—of Haiti. April 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 773 Time has come to return to the real world of In its recent reassessment of dioxinÐor- the future. The increased production and use global issues. Clinton’s relations with Father dered by then-EPA Administrator William of chlorine-free paper by our European com- Aristide may just be hunky-dory, but with Reilly in 1991Ðthe EPA determined that even petitorsÐnow approaching 20 percent of the most of the other leaders of Europe and Asia, in the smallest amounts, this most toxic of all they are as frosty as at any time I can re- market in some European countriesÐis de- member. chemicals has significant health and environ- creasing the American share of the world Perhaps John Major of Britain, who arrives mental effects including severe reproductive, paper market and could seriously threaten the in Washington this weekend, will point this immunological, behavioral, and developmental American market in the future as American out. difficulties in humans and animals which have consumers begin to demand chlorine-free (Sir Eldon is president of the Orange Coun- been exposed to it. In fact, the EPA has iden- paper. ty World Affairs Council, a former member tified dioxin as the most potent carcinogen The links between the use of chlorinated of the British House of Commons, and direc- ever evaluated by the Agency. compounds in a wide variety of applications tor of the Center for International Business A 1990 EPA analysis revealed that as many at Chapman University.) from pesticide use to pulp and paper bleach- as 1 in 10 subsistence and sports fishing indi- ing and cancers and other health effects have f viduals could get cancer by eating fish con- received widespread media coverage since I INTRODUCTION OF THE CHLORINE taminated by releases from certain pulp and first introduced this bill in 1993. In the past 18 ZERO DISCHARGE ACT OF 1995 paper mills. Additional studies have found that months, stories have appeared in Time, News- pulp and paper mill workers tend to have high- week, National Journal, Scientific American, er rates of particular forms of cancer, such as The New York Times, The Washington Post, HON. BILL RICHARDSON soft-tissue sarcomas and respiratory cancers, the Wall Street Journal, USA Today, the At- OF NEW MEXICO than the population as a whole. A 1988 EPA lanta Constitution, the Portland Press Herald IN THE HOUSE OF REPRESENTATIVES survey of 104 U.S. pulp and paper mills found and countless other newspapers from coast to Tuesday, April 4, 1995 bleached pulp from nearly every mill to contain coast. CNN has aired several reports on the the most dangerous forms of dioxins and Mr. RICHARDSON. Mr. Speaker, I am use of chlorine in the pulp and paper industry furans. and ABC News' Prime Time Live is currently pleased to rise today to introduce the Chlorine A 1992 report issued by the International Zero Discharge Act of 1995. This legislation, planning a similar story for airing in the near Joint Commission on the Great Lakes Basin future. The public is clearly getting the mes- which has already been cosponsored by near- [IJC] concluded that ``the use of chlorine and ly 30 Members of the House, is identical to sage. Now it is time for American industry to its compounds should be avoided in the man- pay attention to the public outcry for paper H.R. 2898 which I introduced in August 1993. ufacturing process.'' A 1994 report from the That legislation, although not enacted by the production processes that do not harm the en- same organization reported that ``mounting vironment or threaten public health. 103d Congress, garnered nearly 60 bipartisan evidence continues to reinforce concerns cosponsors. By eliminating the use of chlorine and about the effect of persistent toxic sub- chlorinated compounds in the pulp and paper The Chlorine Zero Discharge Act will, if en- stances'' including reproductive, metabolical, acted, result in the elimination within 5 years bleaching process, the Chlorine Zero Dis- neurological and behavioral abnormalities, charge Act provides a responsible, effective of the use of chlorine and chlorinated com- suppression of the immune system and in- pounds as bleaching agents in the production solution to the environmental and economic creasing levels of breast and other cancers. degradation of chlorine use in the pulp and of pulp and paper. Specifically, the bill would Former IJC and Indiana Republican Party amend the Clean Water Act to require a re- paper industry. Federal intervention to ensure Chair Gordon Durnil has been even more that the use of these unnecessary, dangerous duction to absolute zero of the discharge or forceful, warning ``the heart of our message is release into water of any organochlorine com- chemicals is eliminated is necessary to protect that the integrity of the human species will be the public from potential life-threatening health pounds, byproducts, or metabolites formed as increasingly compromised unless we act deci- and environmental impacts. a result of the use of chlorine or any other sively to bring the growing problem of persist- I am pleased to introduce this bill today chlorinated oxidizing agents in the pulp and ent toxic substances under control. We are along with the support of my colleagues paper manufacturing process. convinced that the dangers posed to humans JERROLD NADLER, NEIL ABERCROMBIE, GARY The use of chlorine and chlorine compounds will increase with each passing generation.'' ACKERMAN, HOWARD BERMAN, DAVID BONIOR, in the pulp and paper industry is the second The American Public Health Association GEORGE BROWN, ANNA ESHOO, LANE EVANS, largest use of chlorine in the United States [APHA], a nationwide membership association ENI FALEOMAVAEGA, SAM FARR, BOB FILNER, and Canada. Chlorine and its compounds are of over 30,000 health professionals, passed a MAURICE HINCHEY, MATTHEW MARTINEZ, JIM used as bleaching agents to remove residual resolution in October 1993 ``calling for measur- MCDERMOTT, CYNTHIA MCKINNEY, FRANK lignins from wood pulp to make the resulting able and progressive reduction toward the paper white. elimination of the use of chlorine-based PALLONE, NANCY PELOSI, CARLOS ROMERO- The use of chlorine as a bleaching agent in bleaches in the paper and pulp industry and of BARCELO, LUCILLE ROYBAL-ALLARD, MARTIN the production of pulp and paper results in the ozone-depleting chlorinated organic chemi- SABO, PATRICIA SCHROEDER, JOSE SERRANO, release of an estimated 1,000 organochlorines cals.'' In February 1994, APHA endorsed the ESTEBAN TORRES, NYDIA VELASQUEZ, BRUCE in the wastewater of pulp and paper mills. The Chlorine Zero Discharge Act. VENTO, HENRY WAXMAN, LYNN WOOLSEY, and average pulp mill in America releases 35 tons Despite repeated claims to the contrary, al- SIDNEY YATES. of toxic organochlorines each day. However, ternatives to the use of chlorine and I urge the my other colleagues to join me in only 3 of the 1,000 organochlorines released chlorinated compounds do exist. Totally chlo- supporting this important health and environ- are currently regulated by the EPA: dioxin, rine-free [TCF] alternatives such as hydrogen mental protection legislation. furan, and chloroform. Only the State of Or- peroxide and ozone are in use today in mills The full text of the bill follows: egon regulates organochlorines as a class of around the world, especially in Europe. Unfor- H.R. — pollutants. tunately, although these alternatives are in- Be it enacted by the Senate and House of Rep- Although dioxin is produced as a byproduct creasingly relied upon by our competitors in resentatives of the United States of America in of pulp and paper bleaching in only very small Sweden, France, Portugal, Spain, Denmark, Congress assembled, amounts, scientific studies by the Environ- and Germany, American industry has stead- SECTION 1. SHORT TITLE. mental Protection Agency [EPA] and inde- fastly refused to adapt to the changing market This Act may be cited as the ‘‘Chlorine pendent scientists have shown that even in conditions affecting the worldwide paper mar- Zero Discharge Act of 1995’’. minute amounts, organochlorines such as ket. Only one mill in North America, the Louisi- SEC. 2. ZERO DISCHARGE OF TOXIC PERSISTENT dioxin are persistent and bioaccumulative. ana-Pacific pulp mill in Samoa, CA, has made AND BIOACCUMULATIVE SUB- This means that they remain in the environ- the switch to TCF production. STANCES. ment for years and buildup over time reaching Such intransigence in the face of changing (a) FINDINGS.—The Congress finds that— levels that have been linked to cancers and world-wide market demands for white paper (1) substances that persist and/or development and behavioral disorders in hu- that does not destroy the environment and bioaccumulate in the environment, build to mans and death in animal and plant life. For threaten human health could spell disaster for higher and higher concentration over time, reaching their greatest levels in the tissues example, although DDT was banned in the the American pulp and paper industry. Failure of species high on the food chain, including 1970's, trace amounts now linked to animal to begin to make the switch now to TCF pro- humans; deaths still persist in the environment more duction processes could mean that our indus- (2) toxic substances that persist and/or than 20 years after its last known use in this try, and the thousands of jobs that go with it, bioaccumulate in the environment are bio- country. will be unprepared to meet the challenges of logically active in infinitesimal quantities, E 774 CONGRESSIONAL RECORD — Extensions of Remarks April 4, 1995

causing reproductive failure, birth defects, DIDATES.—Within 18 months after the enact- Proudly surrender lunch developmental impairment, hormonal dis- ment of this section, the Administrator shall Kids of America ruption, behavioral disorders, immune sup- complete a report to Congress on nonpoint Nutrition’s not for you pression, and cancer at low doses, and mix- sources and industrial discharges of Sacrifice for the rich few tures of these substances may cause these ef- organochlorine compounds and their byprod- When tummies hurt fects at even lower doses; ucts and metabolites into water. The report Go to bed (3) regulatory approaches that permit even shall include a listing of all types or cat- Be a soldier limited production and discharge of toxic egories of nonpoint sources and industrial And play dead substances that persist and/or bioaccumulate organochlorine discharges into water and The F22 then result in the accumulation of these sub- their byproducts and metabolites. The report Might rescue you stances in the environment and food chain shall also include a listing of the annual The Sea Wolf sub over time and subsequent damage to the quantities of each organochlorine compound Might bring hot grub health of humans and other species; discharged into water nationally and by per- (4) the most favored method of preventing mitted facility, together with a list of each Now hear this the continued contamination of the environ- permitted facility’s location and quantities There is a fiscal crunch ment from persistent or bioaccumulative of combined organochlorine compound dis- This nation needs your lunch toxic substances is to phaseout their produc- charges into water. The report shall contain Pledge allegiance to the flag tion and/or use over time and replace these recommendations for achieving a zero dis- Mobilize your own brown bag substances or the processes that produce charge policy for important categories of The enemy deficit them, or both, with safer alternatives; organochlorine pollution sources. In order to Must be defeated (5) among the persistent and/or develop such recommendations, the Adminis- Nutrition suicide squads bioaccumulative toxic substances of greatest trator shall convene an advisory panel. The Are desperately needed concern are organochlorines discharged in advisory panel shall conduct public hearings Kids of America the production of pulp and paper as a result and solicit public and expert comment. The There is a fiscal crunch of the use of chlorine or any other panel shall consist of 15 members, including This great nation chlorinated oxidizing agents in the pulp and at least 1 independent expert in each of the Now needs your lunch. paper manufacturing process; fields of public health, occupational health, (6) the Great Lakes Water Quality Agree- technology change, toxics use reduction, and f ment between the United States and Canada ecology, 2 affected citizens, and technical concludes that ‘‘the discharge of toxic sub- and policy experts from industry, labor, pub- TESTIMONY OF LIU XINHU stances in toxic amounts be prohibited and lic interest groups, and State environmental the discharge of any or all persistent toxic agencies. HON. FRANK R. WOLF substances be virtually eliminated’’; and ‘‘(d) DEFINITION.—For the purposes of this OF VIRGINIA (7) in the Sixth Biennial Report on Great section, the term ‘zero discharge’ means ab- Lakes Water Quality, the International solutely no output or release, including IN THE HOUSE OF REPRESENTATIVES Joint Commission on Great Lakes Water nonpoint source output or release, into Tuesday, April 4, 1995 Quality concluded that ‘‘the concepts of vir- water. The term ‘zero discharge’ does not tual elimination and zero discharge are con- mean a less than detectable output or re- Mr. WOLF. Mr. Speaker, yesterday, I sub- sistent and a clear statement or direction to lease.’’. mitted for the RECORD the testimony of three take to achieve the Agreement’s purpose. f survivors of the Chinese laogai. The witnesses The overall strategy or aim regarding per- testified before the International Relations sistent toxic substances is virtual elimi- DON’T SWINDLE THE CHILDREN’S Subcommittee on International Operations and nation, and the tactic or method to be used LUNCHES AWAY to achieve the aim is through zero input or Human Rights on April 3. discharge of those substances created as a re- The stories are powerful accounts of brave sult of human activity. HON. MAJOR R. OWENS Chinese men and women who have suffered (b) ZERO DISCHARGE OF ORGANOCHLORINE OF NEW YORK tremendously because of their religion or polit- COMPOUNDS, BYPRODUCTS, OR METABOLITES.— IN THE HOUSE OF REPRESENTATIVES ical views. Today, I am submitting the testi- Title III of the Federal Water Pollution Con- mony of two more survivorsÐMr. Liu Xinhu, Tuesday, April 4, 1995 trol Act is amended by redesignating section who was imprisoned at the age of 13 because 519 as section 520 and by inserting the follow- Mr. OWENS. Mr. Speaker, the final word his father was a so-called counter- ing after section 518: has not yet been said about the Republican ‘‘SEC. 519. DISCHARGE OF ORGANOCHLORINE revoluntionary and Palden Gyatso, a Tibetan COMPOUNDS, BYPRODUCTS, OR swindle of the children who receive free monk who spent 33 years in the laogai. I hope METABOLITES. lunches in the schools across our Nation. But my colleagues and the American people will ‘‘(a) ZERO DISCHARGE.—(1) Effective 5 years the final, most authoritative figures have been be enlighted and moved by these stories. after the enactment of this section, each established by the Congressional Budget Of- Many people like Mr. Xinhu and Palden pulp and paper manufacturing facility shall fice. The very conservative but thorough CBO Gyatso are still suffering in China today. We achieve zero discharge into water of has estimated that the Republicans will cap- must not forget them. organochlorine compounds, byproducts, or ture slightly more than $2 billion from their metabolites formulated as a result of the use TESTIMONY OF LIU XINHU, LAOGAI SURVIVOR of chlorine or any other chlorinated oxidiz- block-granted School Lunch Program. This will My name is Liu Xinhu. ing agent in the pulp and paper manufactur- be $2 billion more to go into the tax cut for the Because my father was an official in the ing process. rich. This is a scenario filled with horror. It former government, the Communist Party, ‘‘(2) Effective 5 years after enactment of conjures up the image of the poster where on the pretext that he would disrupt labor this section, all existing and new permits Uncle Sam is pointing his finger and saying to discipline, arrested and sent him to a ‘‘reedu- under this Act for paper and pulp mills potential military recruits: ``I need you!'' While cation through labor’’ (laojiao) prison camp which use chlorine or any other chlorinated the Republicans advocate a $50 billion in- in 1958. He was sent to the Baimaoling Farm oxidizing agent shall require compliance crease in the defense budget and turn their to serve his sentence. In 1973, having lost all with the zero discharge requirement set hope and deeply impoverished in the hell of forth in paragraph (1). backs on welfare for corporations and rich the hard labor farm, he committed suicide. ‘‘(b) SAFE ALTERNATIVES ASSISTANCE.— farmers, they are saying to the children of I was born in 1945. When I was 13 years old Within one year after the enactment of this America: ``This nation needs your lunch.'' in 1958, because I was the eldest son in the section, the Administrator shall evaluate al- THE NATION NEEDS YOUR LUNCH family of a counter-revolutionary, the Com- ternatives to the use of organochlorines in Kids of America munist government found an excuse which the manufacturing of pulp and paper, and There is a fiscal crunch had absolutely no legal precedent, and sent shall publish a report on the transfer of tech- This great nation me to live at the same Laogai prison farm as nology in the pulp and paper industry from Now needs your lunch my father. In 1964, when I had just turned organochlorine to chlorine-free technology eighteen years old, the Communist govern- To set as a model for pollution prevention. Within ment sentenced me to two years reeducation The budget right 18 months after the enactment of this sec- through labor because of what they called Go hungry tion, the Agency shall begin providing tech- ‘‘counter-revolutionary activities’’. After For one night nical information and support to assist per- being released from the laojiao sentence at mit applicants in the use of alternatives to Don’t eat the farm in 1966, I was ordered to continue organochlorine compounds in the production What we could save forced labor at the farm as a ‘‘forced-job- of pulp and paper. Be brave placement’’ (jiuye) worker. I was once again ‘‘(c) REPORT TO CONGRESS ON Patriots stand out labeled a ‘‘counter-revolutionary element’’ ORGANOCHLORINE ZERO DISCHARGE CAN- Above the bunch in 1974 because of my ‘‘political attitudes’’, April 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 775 and the controls over me at the Laogai pris- were also fettered with iron manacles while not yet experienced this.’’ The name of this on farm were further strengthened. I was de- self-tightening handcuffs and thumb-cuffs prison guard is Sonam Tsering; he was still tained straight through until my release in were used to tie our hands and thumbs. The on duty when I escaped from Tibet. Such is 1983. During the twenty-five years I spent in sharp edges on those handcuffs often resulted the conduct of the police, who we are also the Laogai, I suffered innumerable beatings in prisoners hands getting cut completely told are humanitarians. and torments; I clearly remember one occa- off. I still have many scars on my wrists as Mr. Chairman, I was transferred from sion when I was unable to fulfill my produc- a result of these sharp instruments. Outidu Prison to the nearby Drapchi Prison, tion quota because I was very sick, the pub- In 1962, I managed to escape from Panam known as the ‘‘Tibet Autuonmous Region’’ lic security police stripped me of my clothes, District Prison with six other political pris- Number One Prison on October 13, 1990. Im- tied me to a tree trunk, and allowed the oners. But we got caught just when we mediately upon my arrival, the chief admin- mosquitoes and insects to bite me for more reached Tonsher township to worship near istrator of the prison’s Fifth Unit, a man than two hours. the Indo-Tibetan border, and my prison term named Paljor, asked me, ‘‘I see you have The Baimaoling Farm is internally known was increased to 15 years as result. The im- been imprisoned three times. What brought as the Shanghai Number Two Laogai General position of the additional eight year prison you here this time?’’ I replied, ‘‘I was ar- Brigade. It is located in the southeast area of term was preceded by indiscriminate beat- rested because I had put up posters saying Anhui Province. Its scale is enormous and it ings, then the use of iron shackles on both Tibet is an independent country, separated holds, on average, 50,000 Laogai prisoners, my hands and feet, night and day for six from China.’’ He replied, ‘‘I will give you Ti- laojiao prisoners, and jiuye personnel. It pro- months. The leg shackles were not removed betan independence.’’ He then proceeded to duces tea, rice, valves, and toys, as well as for more than two years, during which I was give me a number of vicious kicks and inter- other goods. My father and I were detained taught how to, then forced to, weave carpets. mittently jabbed the electric cattle-prod on in different sections of the farm, and we were Mr. Chairman, I completed my Laogai various parts of my body. Finally, after not permitted to see each other. The public term in 1975 but was not allowed to return about half an hour, he rammed the cattle- security police only told me in 1973 that he home. Rather, I was sent to the Nyethang prod into my mouth and pushed it in with had died, and I had to go and claim the Laogai camp, located some 15 miles west of great force. I passed out. When I regained corpse. Once at the crematorium, I saw his Lhasa, the capital of Tibet. Prison life re- consciousness, I found myself in a pool of old and pale body. I was given those clothes. sumed, though with a slightly relaxed at- blood and excrement and in extreme pain. No I cried bitterly. I felt that my father was mosphere. In 1979, I took advantage of this to more brave than I was because he dared to sneak out of the Laogai camp in the middle medical treatment was given. I lost most of determine his own end to this difficult life of the night to go to Lhasa, where I put up my teeth. and gain his freedom. a number of posters calling for Tibetan inde- In April 1991, Ambassador James Lilley, I now live in the United States and have a pendence. I was finally caught, and on Au- then Ambassador to China, came to visit the family and children of my own. I deeply hope gust 26, 1983, I was rearrested and sent to the Drapchi Prison. I, along with some of my fel- that my children and all other children, as Old Sangyip Prison in northeastern Lhasa. low prisoners, presented him with a petition well as all future generations, do not have In April 1984, I was sentenced to a nine detailing the torture and suffering at the ever to suffer through these kinds of tortures year prison term during a one hour trial prison. But it was snatched away from his and difficulties. Thank you all very much for where I was denied legal representation or hand and given over to the head of prison ad- your concerns about the Chinese citizens opportunity to defend myself. I was taken to ministration. After the ambassador left, two who continue to suffer in the Laogai to this the Outidu Prison Fourth Unit, which is political prisoners, Lobsang Tenzin and very day. today a part of the Sangyip Prison Adminis- Tenpa Wangdak, were detained in solitary tration in the remote northeast valley of confinement while being interrogated. To- TESTIMONY OF PALDEN GYATSO, LAOGAI Lhasa, in April of 1985. In that Laogai, we gether with three other prisoners, they were SURVIVOR had to do all sorts of filthy work, including later transferred to the Powo Tramo Laogai Thank you, Mr. Chairman. the handling of human excrement used to Camp in southeastern Tibet. That day, the I have spent 33 years of my 64-year-old life grow vegetables. Sometimes we were forced Army was called in and all of us political in Chinese prisons and Laogai camps in to do the personnel work of the prison prisoners were beaten with rifle butts or Tibet. During those years I yearned for a mo- guards. But the guards routinely expresses stabbed with bayonets. The sticks and elec- ment such as this one. I express my whole- dissatisfaction with our work and often beat tric prods used to beat us were almost all hearted thanks to you, Mr. Chairman, and to us afterwards. We were also often subjected broken from the verocity of the beatings. all the members of this Committee for giving to other abuses by drunken prison guards. Ngawang Kunga, a political prisoner, was me this great opportunity to appear before Other forms of ill-treatment at the Laogai beaten until he lost consciousness with an you today. I feel that it is an honor, but also were rampant. For example, in November iron chain used to tie a prisoner’s legs. my responsibility, to inform the United 1987, a prison official poked me with an elec- Ngawang Phuljung lost consciousness after States Congress about the mistreatment I tric cattle-prod and poured boiling water he was beaten with a rifle butt to his temple. and other Tibetans have suffered in the over me just because he said he did not like Phurbu Tsering was stabbed with a bayonet, Laogai at the hands of the Chinese govern- my attitude. No medical treatment was causing a deep vertical cut in the back of his ment. given after that. head which bled tremendously. The list of My name is Palden Gyatso. I became a Throughout my 15 year imprisonment that those beaten is too long to enumerate. The monk when I was ten years old. At 28 years started in 1959 and the nine year confine- latter two are still in the same prison today. of age in 1959, at the climax of the Chinese ment in the Laogai thereafter, I was never I would humbly request, Mr. Chairman, military invasion of Tibet, I was arrested allowed any visits or meetings with my rel- that in the future visits to the prisons by US and accused of being a ‘‘reactionary ele- atives and family members. officials, that there be substantial follow-up ment’’ and sentenced to a seven-year prison In November 1987, five prisoners from to ensure that these sorts of atrocities are term to be served at the Panam District Guojo District in eastern Tibet, imprisoned not committed against political prisoners Prison in southern Tibet. This prison was at Gutsa Prison in Lhasa, were sentenced who are simply trying to provide informa- previously a monestary named Norbu and two of them put to death. On the day of tion about the true situation and conditions Khyungtse. In the prison, I was made to do the announcement of the sentences, all of of prisons in Tibet. hard labor, ordinarily for nine hours a day, the prisoners of Gutsa Prison (near Sangyip) I have recounted only a few instances of and some times even more. We prisoners were ordered to attend. The two prisoners the inhumane atrocities committed against were yoked to plows like animals to till pris- who were sentenced to death were told by Tibetan prisoners in the Laogai. Tibetans on lands. When we got exhausted and became the Chinese police that since the were to be still continue to be subjected to untold ter- too weak to pull the plow, we were kicked executed in two days, they should sing loud- rors day and night, and I appeal to your con- and whipped from behind. Since we were ly and dance in front of the crowd of other science to seek their freedom. Many in- never given enough to eat, we were forced to prisoners. They were forced to comply with stances of brutal ill-treatment of prisoners steal food meant for the pigs in the Chinese this order with their iron leg and hand in Drapchi Prison in Tibet have come to pig sties. We were also driven to chewing and shackles on. Many prisoners cried spontane- light recently. In June 1993, for example, eating things like used leather items, bones ously and even the Tibetan officials looked fourteen nuns were found to have clandes- of different kinds of dead animals, mice, saddened by the spectacle. I was told this tinely composed and recorded a freedom worms, and all kinds of green grasses. story by a number of nuns and others who song, resulting in a brutal beating. A 20- The treatment of political prisoners at the were in that prison at that time. Such a year-old nun named Phuntsok Yangkyi died. Laogai in Tibet involves different types of sorry state of affairs clearly shows that The other thirteen suffered varying degrees cruel acts. In winter, we were suspended in there really are no rights at all for prisoners of permanent physical impairments, with the air and then cold water was thrown on in Tibet. one 18-year-old nun named Ngawang Sangdol us; during hot summer days, cold water was In another incident around that time, po- having both hands deformed. replaced by building a fire beneath the sus- lice guards at Gutsa Prison repeatedly raped Despite the sweltering heat and the fetid pended prisoner. Other forms of ill-treat- nun political prisoners then sexually vio- atmosphere, prisoners are required to remain ment in this position included being lashed lated them with electric cattle-prods. Before in the greenhouses all day, year round, to with a leather belt and being beaten with an thrusting the cattle-prod into the sexual grow vegetables and sell them in the market electric cattle-prod or an iron bar. Our feet organ of one, the assailant said, ‘‘You have in Lhasa. While not being paid for their E 776 CONGRESSIONAL RECORD — Extensions of Remarks April 4, 1995 work, the prisoners who fail to fulfill their winners in the National Teen Business Plan but to support the Government. Republicans quotas are punished and liable to have their Competition. know this and are working to relieve American prison terms extended. The health of many This competition, sponsored by the Income families of this tax burden. prisoners has been effected by continual ex- posure to the greenhouse atmosphere, ren- of Her Own organization, encourages teen- It cost middle-income families more than dering them barely conscious of the sur- agers to create their own businesses and de- $5,000 per year to rear a child. The American roundings. velop their economic skills. Kami and Kristina family deserves a $500-per child tax credit. On August 25, 1992, I finished my prison produced an extremely ingenious idea which Our bill allows families with annual incomes of term and was finally released from prison. incorporated their vision, creativity, and com- up to $200,000 to receive a full tax credit of Thirteen days later I escaped from Tibet. Be- passion. Their plan is to start a company $500 per child. For incomes exceeding fore escaping, I made arrangements to ac- called World Cheerleading Dancers. This busi- $200,000, the tax credit is proportionally re- quire some of the instruments of torture in ness will stage two competitions each year for duced to zero so that families making order to show them to the outside world. I have brought a few of them here to show to young girls who want to develop dance and $250,000 or more receive no credit. As a re- you. One is the type of electric cattle-prod cheerleading moves into a choreographic rou- sult, over 29 million families and 51 million that was rammed into my mouth and also tine. This competition will provide young children will benefit. Nearly 70 percent of the sexual organs of nun political prisoners. women with the opportunity to simultaneously those families benefiting have incomes of less This is the type of thumb-cuff that is used to develop self-confidence and performance than $75,000. tie the detaineees diagonally across their skills. Mr. Speaker, the most important thing we backs by the thumbs. This is one of the spe- In addition to becoming entrepreneurs, Kami can do for the American family is to get Gov- cial type of knives used by the Chinese police and Kristina also plan to make a positive con- ernment off of their back. The Republican to stab prisoners. These are just some of the torture instruments used in the Laogai of tribution to the community with their enter- child tax credit provision gives American fami- Tibet. prise. Five percent of the profits made by this lies more of what they earn. Our bill increases Mr. Chairman, the Tibetan people have venture will be donated to the Impossible the resources available for parent to meet been suffering under the repressive Chinese Dream Foundation, which makes dreams their child-rearing cost, not Government costs. rule since 1949. Thousands and thousands of come true for ailing and handicapped children. f innocent Tibetans have lost their lives and Besides being seasoned performers and the six million that remain are struggling to budding entrepreneurs, Kami and Kristina are INTRODUCTION OF THE AMERICAN keep the Tibetan culture alive under very also successful students at Coventry Middle HOMEMAKERS/CAREGIVERS AND difficult conditions. MIDDLE-CLASS FLEXIBLE SAV- As the power dynamics in Beijing shift School. Kristina is an accomplished student over the next several months, there will be a athlete in softball and volleyball, and Kami has INGS ACT OF 1995 tremendous opportunity for the inter- received national recognition for an outstand- national community to foster a more demo- ing 500-word poem on the Holocaust. HON. BERNARD SANDERS cratic society in China. I appeal to you and These two young women are among our to the United States government to remain Nation's most promising leaders. Their exam- OF VERMONT vigilant in your effort to hold China ac- ple is a source of pride for all Rhode Island- IN THE HOUSE OF REPRESENTATIVES countable for its actions against the Tibetan ers. I am truly inspired by individuals like Kami Tuesday, April 4, 1995 people. and Kristina, who pursue the American tradi- Just a few weeks ago, I testified before the Mr. SANDERS. Mr. Speaker, I am pleased United Nations High Commission on Human tion of creativeness and ingenuity in business to be an original cosponsor of the American Rights, where a resolution condemning Chi- while having a positive impact on the commu- Homemakers/Caregivers and Middle-Class na’s human rights violations against both nity. Flexible Savings Act of 1995. This bill is being Tibetan and Chinese people was narrowly de- Mr. Speaker, I ask my colleagues to join me introduced by my colleague, MAURICE feated. This was a very important effort, and in saluting these two outstanding young I humbly urge your government to return to HINCHEY, on behalf of the Progressive Caucus women as they begin to plan to hold their first as part of our 11-point alternative to the Re- Geneva next year with a renewed effort con- competition later this summer, and wish them cerning human rights in Tibet and China. I publican Contract With America. continued success. sincerely believe that unless there is strong My constituents have impressed upon me international condemnation of the Chinese f the growing financial plight of many middle- government’s treatment of the Tibetan peo- TAX RELIEF FOR THE AMERICAN and low-income working Americans. They are ple, they will continue to commit such hor- working harder and longer and finding it more rors as described earlier against innocent po- FAMILY litical prisoners who insist on the fundamen- difficult all of the time to make financial ends tal rights of freedom of speech, association, HON. RON PACKARD meet, let alone put any money into savings. and religion, as well as the recognized right OF CALIFORNIA This legislation will make it easier for middle- of self-determination. IN THE HOUSE OF REPRESENTATIVES and low-income Americans who earn up to I am exceedingly grateful to you Mr. $75,000 to save more, while giving those Chairman, and to all members of this Com- Tuesday, April 4, 1995 Americans who are in an unforeseen financial mittee, as well as all others for listening to Mr. PACKARD. Mr. Speaker, as we con- pinch greater penalty-free access to their Indi- this short description of my life in the sider tax cuts this week the difference be- vidual Retirement Account [IRA] funds. Laogai in Tibet. I am only one of the few lucky ones who survived and managed to es- tween the Democrat and Republican philoso- This Progressive Caucus bill will help cape to the outside world. Many of my phies underlying becomes crystal clear. middle- and low-income taxpayers in four fun- friends and other political prisoners died in Democrats believe that taxpayers exist to damental ways. the prisons and Laogai in Tibet. With them serve Government. They really think that Gov- First, it will substantially increase the level of also went the story of their untold ernment confers upon its citizens the privilege contributions that they can deposit in an IRA. sufferings. of earning and keeping money. Republicans Since IRA's were first made possible in 1981, I thank you Mr. Chairman. Tashi deleg! work under a completely different mindset. the contribution levels governing how much f TaxpayersÐalso known as citizensÐcome can be contributed annually and who can de- first, not the Government. Republicans believe duct their contributions, in sum or in part, have TRIBUTE TO KAMI GRUDZIEN AND that individuals know best how to spend the eroded due to inflation. KRISTINA CANNON money they earnÐat least better than some Our bill increases contribution levels to bureaucrat sitting in a Washington office. make up for inflation since 1981. It also in- HON. JACK REED That is why we are proposing to let Amer- dexes contribution levels yearly to keep pace OF RHODE ISLAND ican families keep more of the money they with inflation. IN THE HOUSE OF REPRESENTATIVES earn. The American family represents the Second, our bill authorizes higher IRA con- backbone of our society. Our current tax sys- tribution levels for nonworking spouses in Tuesday, April 4, 1995 tem penalizes families with children. It does households with one or more children under Mr. REED. Mr. Speaker, it gives me great not properly reflect the cost of rearing a child the age of 6. That contribution level will also pleasure to rise today to pay tribute to two today. The average family spends more on be indexed to keep pace with inflation. young women who are extraordinarily ambi- taxes than it spends on food, clothing, and This provision could be called the IRA tious and creative. Kami Grudzien and Kristina shelter combined. Many families now need a homemaker provision. Arguably, those Ameri- Cannon, of Coventry, RI, are two of the seven second earner not to support the household, cans who most need to save for retirement April 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 777 are those who stay at homeÐwomen pri- MAKING GOVERNMENT WORK IN as funding alternatives. Viveiros, at a for- marilyÐto nurture their children in their most FALL RIVER mal, public contract signing ceremony, important formative years. That financial sac- termed the partnership as a win-win situa- tion for all involved. ‘‘There are no losers rifice should be recognized and redressed by HON. BARNEY FRANK here,’’ stated viveiros, ‘‘CCC gets a reason- allowing nonworking spouses with young chil- OF MASSACHUSETTS able return on its investment, our housing dren to better save for later years. IN THE HOUSE OF REPRESENTATIVES stock is substantially upgraded, and resi- Third, our bill will also allow middle-class Tuesday, April 4, 1995 dents enjoy a safer and more comfortable taxpayers greater flexibility to withdraw their housing environment—all without any gov- Mr. FRANK of Massachusetts. Mr. Speaker, ernmental funding.’’ IRA funds without being subject to the 10 per- many more people talk about making Govern- f cent penalty in order to pay for expenses for ment more efficient than actually doing any- higher or vocational education, to pay cata- thing about it. One organization that has done REINTRODUCTION OF THE strophic medical expenses, to start a small something about it is the housing authority in RECYCLING INCENTIVES ACTS business, to buy a first home, or to meet un- the city of Fall River, MA. Recently I was privi- employment emergencies. Arguably, wealthier leged to attend a ceremony in which the Fall taxpayers don't have commensurate cashflow River Housing Authority announced an agree- HON. ESTEBAN EDWARD TORRES problems vis a vis their IRA's and should still ment among itself, the Citizens Conservation OF CALIFORNIA be encouraged to keep their money in sav- Corporation, the Eastern Utilities Corporation, IN THE HOUSE OF REPRESENTATIVES ings. and HUD which will promote energy conserva- Tuesday, April 4, 1995 There is no question that more Americans tion, and provide additional funds for the im- are confronting daunting educational ex- provement of public housing at no cost to the Mr. TORRES. Mr. Speaker, 6 years ago, along with the late Senator John Heinz and penses. At the rate tuition costs continue to taxpayers. former Senator Tim Wirth, I introduced a new riseÐat least twice the rate of inflationÐ4 The major recipient of these funds will be Cardinal Medeiros Towers, a high-rise devel- concept in environmental protection. The idea years at a State university by the year 2000 opment for people with handicaps which was was simpleÐuse market forces to achieve en- may cost over $50,000. Also growing numbers built 24 years ago, and is in need of improve- vironmental protection. of American workers are returning to class- ments. This program is an excellent example My ideas for tire recycling, newspaper recy- rooms to prepare for midcareer changes or to of how public officials, citizen groups, and pri- cling, oil recycling and lead acid battery recy- upgrade existing job skills. This legislation will vate corporate entities can work together for cling were well received. The bills attracted permit withdrawals for higher education and/or our mutual benefit. Because I was so im- hundreds of cosponsors. But, unfortunately, no vocational education for many of these Ameri- pressed with this, I asked Richard Viveiros, action has been taken on any recycling issues cans who are struggling to put themselves or executive director of the housing authority, to during the past three Congresses. their children through college. prepare for me a summary of this effort, which Today, I am reintroducing each of these four With health care costs skyrocketing, we sim- I wish to insert at this point in the RECORD. I bills with an impressive group of colleagues. ply must find ways to help ease the burden of do so because I hope this will encourage oth- Now is the time for Congress to get serious sudden medical expenses for American work- ers to emulate the excellent work of Mr. about addressing the country's solid waste ing families. A serious illness can be finan- Viveiros and his colleagues. And I want to problems. Now is the time to begin putting cially devastating to all but the very wealthy. offer my congratulations to all of those in- creative solutions to work. Our bill will allow individuals and families to volved. The common approach of these bills rep- withdraw IRA funds penalty-free for cata- SUMMARY resents a radical departure from the traditional strophic medical expenses during the taxable On March 20, 1995, the Fall River Massa- approach to environmental policyÐthat of year to the degree that the amount of such ex- chusetts Housing Authority signed a con- ``command and control.'' We can no longer af- 1 tract with Eastern Utilities Corporation/ ford to commit scarce dollars to environmental penses does not exceed 7 ¤2 percent of ad- Citizens Conservation Corporation [EUA/ justed gross incomeÐthat is, the existing programs that either do not work or work only CCC] enabling both parties to enjoy the ben- at enormous cost to all of society. The con- threshold for deductibility of medical expenses efits of private investment in a public hous- cept of using market forces to achieve envi- for itemizers. Individuals could draw upon their ing authority. ronmental goals is gaining influence all over IRA's for themselves, spouses, children, and/ CCC will invest $2.1 million to implement a the world. The era of using proactive strate- or parents. host of energy efficiency improvements that will save the authority at least $7.5 million gies to develop markets for recycled products It is also true that most of the new jobs over the next 15 years. The authority will has arrived. And the United States needs to being created are to be found in America's pay CCC for the cost of design, construction, get with the program. small businesses. Therefore, it should be and legal fees associated with this project Mr. Speaker, our constituents are demand- made easier for entrepreneurial Americans to out of energy savings projected as $500,000 ing that we produce results. Join me in dem- amass startup capital when they decide to per year as a result of improvements to 7 fed- onstrating that those of us committed to sound start a new business in midcareer or other- erally aided developments for elderly/dis- abled. environmental protection at the least cost to wise. Cardinal Medeiros Towers, a 208-unit high- society have produced legislation of which we Finally, our bill also extends a helping hand rise development for the physically impaired can be proud. to unemployed Americans as well as first-time and constructed in 1970, will be the major re- I invite my colleagues on both sides of the homebuyers. cipient of the CCC investment. Approxi- aisle to cosponsor the Tire Recycling Incen- Let me conclude by underscoring that Pro- mately $600,000 of CCC moneys is slated for tives Act, the Newsprint Recycling Incentives gressive Caucus members believe if there is the replacement of an antiquated and ineffi- Act, the Lead Battery Recycling Incentives cient steam heating system with new high- Act, and the Used Oil Recycling Incentives to be tax cut legislation enacted this year that efficiency boilers, which will dramatically tax relief should be focused upon middle- and improve the comfort level of the building Act. Let's do something together that is both low-income taxpayers. Well-to-do individuals and dramatically reduce energy costs. Other economically and environmentally responsible. and corporations already received dispropor- improvements for this facility include new f tionate tax cuts throughout the 1980's. thermostats, new windows, and upgraded ex- terior lighting. VIOLENCE IN KARACHI It is fitting and proper that the tax relief to The 6 other federally aided developments be provided under our bill is to be financed, at for elderly/disabled will enjoy similar phys- least in part, by taking a first step to cut tens ical improvements and energy savings. HON. GARY L. ACKERMAN of billions in corporate welfare in the Federal The Fall River Housing Authority experi- OF NEW YORK ence marks the first time that private mon- budgetÐthe establishment of a minimum tax IN THE HOUSE OF REPRESENTATIVES on the income of foreign-owned companies ey’s have been leveraged for public housing energy conservation and physical improve- Tuesday, April 4, 1995 earned from business activities in the United ment tasks and was hailed as an avenue for States. other public housing authorities to consider, Mr. ACKERMAN. Mr. Speaker, I rise today in light of dwindling HUD resources. to speak to my colleagues about a great trag- Both the authority’s director, Richard J. edy that is now occurring in Karachi, Pakistan. Viveiros, and congressman BARNEY FRANK, Karachi is by far Pakistan's most important advocated increasing private/public ventures city, as well as its largest and wealthiest. It is E 778 CONGRESSIONAL RECORD — Extensions of Remarks April 4, 1995 the country's only port and therefore accounts Nation was founded. At a time when we are rael's permanently disabled war veterans. for almost two-thirds of its trade and industry. asking Americans to take more responsibility Prior to World War II, a successful Brith Sho- The population of 10 million is a varied one for their personal welfare, we cannot allow this lom mission rescued 50 Viennese Jewish chil- that includes trades of the Karachi Stock Ex- Depression-era tax to continue to exist. dren, ages 5 to 14, from certain death, bring- change, businessmen affiliated with inter- The mechanics of the earnings test are sim- ing them to Camp Sholom near Collegeville, national firms and over 3,000 United States ple, but it is founded upon no sound principle. PA, where they were housed, clothed, fed, citizens. Karachi's potential for growth on the The Federal Government instructs men and and educated. international business scene is immense, yet women between 65 and 69 years of age that Faithful to the traditions of our national this promise is also tempered by the underly- if they earn more than $11,280 in a year, they American heritage and Hebraic values of so- ing currents of a troubled society. will face an additional 33-percent tax. When cial justice and responsibility to our society, Long before two Americans in the U.S. con- combined with the 7.65-percent FICA with- Brith Sholom looks forward to the next 90 sulate were brutally slain on March 8, violence holding tax and a 15-percent Federal income years of service. Mr. Speaker, I ask that Mem- and terror had gripped this city with a firm tax, hard-working, low-income seniors are bur- bers of the House join me in saluting Brith chokehold. Since the beginning of 1994, 1,260 dened with an effective marginal tax rate of Sholom's officers and members and wishing people have been murdered, 340 since the 55.65 percent. The earnings test is wrong, them success in their future endeavors. start of this year and 100 in the month of counterproductive, and should be abolished. f March alone. Kidnapings, ambushes, and A key element to H.R. 1215 is the incre- bank robberies have become a daily occur- mental increase of the earnings test threshold TRIBUTE TO MAJ. GEN. GARRY A. rence. Worst of all, the city's inhabitants have to $30,000 per year over a 5-year period. SCHNELZER, USAF lost all faith in its frightened police force and While it does not eliminate the earnings test, corrupt judicial system. H.R. 1215 is a positive step toward ending this Prime Minister Benazir Bhutto remains con- substantiated bias against working seniors and HON. DAVE WELDON fident that the city can and will right itself be- I encourage my colleagues to support it. OF FLORIDA fore it is too late. Unfortunately, she is very I would also encourage my colleagues to much alone, among her countrymen, in think- work toward a full repeal of the earnings test, IN THE HOUSE OF REPRESENTATIVES ing that. The Prime Minister is scheduled to such as that introduced by Representative Tuesday, April 4, 1995 visit the United States shortly, where she will HOWARD COBLE in H.R. 201. Both the reduc- undoubtedly plead her case. Karachi, as with tion of the earnings test and its full repeal are Mr. WELDON of Florida. Mr. Speaker, a all of Pakistan, is in desperate need of foreign important elements in our covenant with Amer- friend of the Congress and a long time leader investment, and because of the city's present ica's seniors. in this nation's space and ballistic missile de- situation, it is losing it far faster than receiving f fense programs is retiring from the U.S. Air it. Force on March 31 of this year, Maj. Gen. Pakistan is a country with which the United THE 90TH ANNIVERSARY OF BRITH Garry Schnelzer. His most recent position has States has had a long history of trade. Their SHOLOM been as the Air Force program executive offi- potential for increased economic growth ex- cer for space, Office of the Assistant Secretary ists, but they will need help in combatting the HON. ROBERT A. BORSKI of the Air Force for Acquisition, Washington, ugliness that now pervades their coastal city. OF PENNSYLVANIA DC. In this position, he has provided program To achieve this end the Pakistani Government IN THE HOUSE OF REPRESENTATIVES management for the development and pro- must take firm steps to vanquish the terrorist curement of the major Air Force space and presence that has now found comfort in this Tuesday, April 4, 1995 launch systems and Air Force ballistic missile country. Mr. BORSKI. Mr. Speaker, I rise today to defense programs. This fact was only illuminated more clearly pay tribute to Brith Sholom, on the occasion of General Schnelzer has had a long and dis- when Ramzi Ahmed Yousef, the alleged mas- its 90th anniversary. tinguished career of over 30 years of military termind behind the World Trade Center bomb- As a representative of Philadelphia, the cra- service. After being commissioned through the ing in 1993, was captured and extradited from dle of American liberty, I am proud to call the Bowling Green State University Reserve Offi- Pakistan on February 7. The Government has attention of the House of Brith Sholom, the cer Training Corps as a distinguished grad- already begun the cleansing process by only national membership organization in the uate in July 1964, he started his military ca- targeting Peshawar, in the northwest frontier Jewish community. Brith Sholom was founded reer by successfully completing pilot training at province, as the home base for most of these in the very shadow of Independence Hall in Laughlin Air Force Base, TX. He served in a terrorist organizations. 1905 and still maintains a vigorous program variety of flying duties cumulating over 3,300 When pressure is finally brought to bear dedicated to humanitarian service and the flying hours and completing over 300 combat upon these elements, Pakistan will be on the strengthening of our democratic institutions. missions in Vietnam. For his valor, courage road to recovery. It is in the interests of Paki- Established in response to the immigration and heroism, he received a Distinguished Fly- stan and the United States to promote stability of large numbers of individuals fleeing perse- ing Cross with oak leaf cluster, Air Medal with and to stamp out terrorism wherever it may cution and oppression and drawn by the free- 17 oak leaf clusters and the Vietnam Service take root. dom and opportunities of America, Brith Sho- Medal with two service stars. Following his f lom played a major role in helping to transform tour in Vietnam, General Schnelzer embarked REGARDING UNFAIRNESS OF THE a predominately immigrant community into a on a mixture of flying and development and SOCIAL SECURITY EARNINGS TEST fully integrated mainstream American commu- acquisition tours, which included assignments nity. Since that time, Brith Sholom has made to the Cambridge Research Laboratories, as a significant contributions to the welfare of all C±130 pilot at Dyess Air Force Base, and as HON. CHRISTOPHER H. SMITH citizens, regardless of race or religion. a program manager for the successfully dem- OF NEW JERSEY Brith Sholom has given generously to its onstrated antisatellite weapon system. He then IN THE HOUSE OF REPRESENTATIVES country and community, including a 65-acre held a string of jobs of increasing responsibil- Tuesday, April 4, 1995 tract of land for the establishment of Eagleville ity with the Strategic Defense Initiative Organi- Mr. SMITH of New Jersey. Mr. Speaker, this Sanitorium, a cardiovascular and pulmonary zation ending as deputy director [acting]. Fol- week we will have the opportunity to reduce research laboratory at Hahnemann Hospital by lowing a short assignment at Los Angeles Air the Social Security earnings test and bring Brith Sholom women, and the Brith Sholom Force Base as special assistant launch mat- parity to America's work force. Cancer Research Laboratory at the Albert Ein- ters, he assumed his current position in Feb- This obsolete tax punishes senior citizens stein Medical School of Yeshiva University. ruary 1990. simply because they take the initiative to work The organization has also founded and main- Due directly to his efforts, the nation has in their retirement years to supplement their tained the Brith Sholom House, an apartment seen its space heavy launch capability re- Social Security income. Furthermore, the earn- complex for senior citizens in Philadelphia. stored, the deployment of the Global Position- ings test is detrimental to America's work- The generosity and commitment of Brith ing System, the launch of the first Milstar sat- place. It deprives the work force of the talents Sholom also extend beyond the borders of our ellite and the initiation of an advanced space of our most experienced laborers. Nation. The organization founded the Brith based missile detection and warning system. The earnings test stands as a monument to Sholom Beit Halochem in Haifa, Israel, a reha- These systems are the force multipliers which the decline of the work ethic upon which this bilitation, social, and recreational center for Is- ensured our dominance in Desert Storm and April 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 779 will ensure our continued superiority in the over protection of cultural and artistic prop- points per game for the season, and all 3 21st century. erties and their direct relevance for jobs at have scored over 1,000 career points. Stanley In addition to the combat awards I men- home serve the point. But similar success Bonewitz averaged 31.1 ppg, Donte Mathis with more intricate and strategic issues—ex- tioned earlier, General Schnelzer has received tending the Non-Proliferation Treaty averaged 21.3 ppg, and Charles Jackson other numerous awards and decorations, in- against nuclear and other weapons of mass averaged 21.1 ppg. cluding the Defense Distinguished Service destruction—plainly demands engagement The Hornets averaged over 109 points per Medal, the Distinguished Service Medal, the with others. It is illusory to think that the game during the regular season, and set a Defense Superior Service Medal, the Meritori- nation’s needs are so limited that they can State tournament record for a 2-game series ous Service Medal with two oak leaf clusters, be served without a high degree of planning with 215 points. the 108 to 86 victory in the the Republic of Vietnam Gallantry Cross with and effort with other nations, including at final tied the State record for most points in a Palm, and the Republic of Vietnam Campaign the UN—the example of the Gulf War surely championship game. Most valuable player not forgotten. Medal. No country has so large a stake in the ef- honors for the 5A state tournament went to General Schnelzer plans to answer a higher fective functioning of such institutions as east Central's Stanley Bonewitz, who scored calling and will be working for the Episcopalian the IMF and World Bank and in the evo- 42 points in a 107±94 semifinal win and 36 Bishop in San Antonio. There, he will be co- lution of the new World Trade Organization. points in the final game. His 78 total points set ordinating the activities of all the Episcopalian Development of export markets and invest- a 5A record. churches in south Texas. On behalf of my col- ment opportunities is vital to our general Under the direction of coach Stan Bonewitz leagues and the congressional staff who have prosperity. But these require a framework of for the past 14 years, East Central has gone known and worked with General Schnelzer we international rules and cooperative action— 343±120 and captured 10 district champion- as for that matter does coping with vola- wish him and his wife Helen the very best in tility in international currencies and any ships, 7 area championships, 3 regional cham- their future endeavors. threat to the stability of our financial sys- pionships, and 1 state championship. Assist- f tem. In today’s world we have no monopoly ant coaches Jay Mead, Matt Oden, Steve on new technologies, nor on competition in Ochoa, and head trainer Charlie Trevino also AMERICA’S ROLE IN THE WORLD the burgeoning global marketplace. The fact played a key role in the team's success. Here is that to a greater degree than ever before is an example of teamwork at its best, with our HON. LEE H. HAMILTON the economic well-being of virtually every young people coming together to play hard OF INDIANA American is affected by what happens out- and strive for success. This year, for the Hor- side our borders. IN THE HOUSE OF REPRESENTATIVES Finally, it should be clear that nets, that effort garnered the state trophy. I Tuesday, April 4, 1995 unilateralism today, like isolationism in the have no doubt that the positive experiences from this past season will yield continued suc- Mr. HAMILTON. Mr. Speaker, many Ameri- past, would risk nullifying American leader- ship in the world. With the cold war at an cess both on and off the court to the East cans remember Bruce Laingen as the able end, our allies and friends are no longer Central players and coaches. diplomat who acted with superb professional- automatically responsive to our judgments f ism while being held hostage in Iran more on security concerns. Nor are we able or than 15 years ago. Now Ambassador Laingen ready unilaterally to devote massive finan- ARROGANCE OF POWER continues to serve American interests as cial resources to the solution of inter- president of the American Academy of Diplo- national economic issues. Effective leader- macy. In response to the foreign policy debate ship, therefore, cannot be dictated by the HON. BOB LIVINGSTON United States; it depends on recognition by now underway, the academy has adopted a OF LOUISIANA others that we share security and economic very brief but important statement on Ameri- interests in common. IN THE HOUSE OF REPRESENTATIVES ca's role in the world, and I commend it to my To protect and advance our own national Tuesday, April 4, 1995 colleagues. Much has been written and said interests as we go forward will require care- recently about what I consider a false debate: ful articulation of those interests, their Mr. LIVINGSTON. Mr. Speaker, attached Whether we should pursue our foreign policy alignment where possible with those of oth- are copies of correspondence received by me unilaterally, or through multilateral institutions. ers, and a commitment to lead cooperative from the Honorable Fred J. Cassibry, U.S. dis- Obviously, we will want to do both, depending efforts. To do otherwise would invite forms trict judge, retired, and now a member of the on the circumstances. I ask that the acad- of international anarchy both dangerous and Louisiana Economic Development and Gam- costly to our own national interests. emy's statement be printed in the RECORD. ing Corp. Judge Cassibry, a Democrat ap- AMERICA’S ROLE ABROAD f pointee to the bench, was an outstanding jurist Most Americans accept the need for the TRIBUTE TO SAN ANTONIO’S EAST throughout his 20 years on the bench. He is United States to remain engaged in the CENTRAL HIGH SCHOOL a superlative human being, and he has docu- world. And most will agree that clearly de- mented some truly outrageous conduct by rep- fined national interest should guide that en- resentatives of the U.S. Justice Department. gagement. But many are finding it difficult HON. FRANK TEJEDA His concerns should be immediately ad- in this complex post-cold war world to reach OF TEXAS consensus on what engagement means and dressed by the Judiciary Committee. IN THE HOUSE OF REPRESENTATIVES where the national interest lies. LOUISIANA ECONOMIC DEVELOPMENT In the current debate over these issues we Tuesday, April 4, 1995 AND GAMING CORPORATION, sense a tendency among some to equate a New Orleans, LA, March 31, 1995. Mr. TEJEDA. Mr. Speaker, I rise today to pragmatic pursuit of vital interests with Hon. BOB LIVINGSTON, unilateralism—arguing that international recognize the outstanding achievement of the House of Representatives, engagement must be a one-way street and boy's basketball team of East Central High Rayburn Building, Washington, DC. that our interests are best served when the School in San Antonio, TX. This remarkable DEAR CONGRESSMAN LIVINGSTON: I serve as US dictates the terms or acts alone when- team capped a 35-win, undefeated season by a member of the Louisiana Economic Devel- ever it chooses. This appeal of unilateralism winning the university interscholastic league's opment & Gaming Corporation [LEDGC] and doubtless arises from varied impulses, one of 5A State basketball championship on March I previously served as a United States Dis- which could be the disappointments we have 11, 1995. The East Central Hornets were the trict Judge in the Eastern District of Louisi- encountered from the shortcomings of the ana for twenty years. I write to you regard- United Nations. only undefeated team in the league this year, ing arrogance of power. In a flagrant and But in a world of instant communications, and the first undefeated 5a champion since shameless abuse of the authority entrusted globally linked financial markets, easy mi- 1987. As a testament to its basketball prow- to it by the American people the United gration of devastating diseases and impover- ess, East Central was ranked as the No. 1 States Attorney’s Office in New Orleans has ished peoples, threats to the earth’s oceans boy's basketball team in Texas for the entire sought to interject itself into the functions and atmosphere, terrorist networks operat- season. of LEDGC. The conduct was so egregious and ing without heed to frontiers, it is inconceiv- The Team included Stanley Bonewitz, Donte obvious that two of Louisiana’s largest news- able that the United States could go it alone Mathis, Charles Jackson,, Chip Moxley, David papers editorialized against what was taking successfully. When nuclear weapons can be place. delivered by missile, ship, or in the baggage White, Keith Rice, Oliver House, Josh Barnes, By way of explanation I enclose copies of of a terrorist the necessity for active inter- Blake Sims, Eric Luke, Stacey Dubley, Ben those editorials together with a copy of my national collaboration is self-evident. Lakey, Jeremy Lear, Steve Shrum, Curtis letter to Attorney General Janet Reno. The United States can and will do some Lundy, Marquieth Braziel, Jason Minica, and When she did not see fit to intervene as re- things alone. Recent negotiations with China Matt Divin. Three Players averaged over 20 quested I then wrote a letter of complaint to E 780 CONGRESSIONAL RECORD — Extensions of Remarks April 4, 1995 the Office of Professional Responsibility for foreclose citizen inquiries and complaints supplier of slot machines and other gaming the United States Department of Justice there would be no need for your office to devices to be used in the casino. which is charged with investigating such exist. The proceedings in question are not The President of LEDGC, Mr. Wilmore matters. I enclose copies of those letters. It confidential as to you and members of your Whitmore, declined Bally’s application based has now been five weeks since my original staff. I do not question the underlying right upon its poor performance in monitoring the request for investigation and three weeks of the United States Attorney’s Office to sale of its video poker machines in the State since my follow-up letter. I have received ab- conduct any investigation it deems appro- of Louisiana. A copy of the President’s rul- solutely no reply or response on any kind. priate. However, you well recognize that it is ing is attached for your ready reference. A Thousands of years ago the philosopher possible to conduct legitimate investigations memorandum supporting his decision is also Plato in commenting on the nature of gov- employing improper methods for ulterior enclosed. Under the laws of our state Bally ernment asked the question, ‘‘Who guards motives. The letter sent by the United has the right to appeal the President’s deci- the guardians?’’ That question is as perti- States Attorney’s Office—signed by three as- sion to the full Board. nent today as ever. Society gives tremendous sistant United States attorneys—to Bally’s As an individual member of the Board I power to the United States Department of attorney and the timing of the subpoenas to was predisposed to support the President’s Justice, a power which has great potential the members of the Casino Board, con- decision. The United States Attorney’s office for abuse. The only recourse given to citizens stituted flagrant abuses of prosecutorial for the Eastern District of Louisiana had in- to check that abuse is that the Department power. dicted seventeen (17) persons that it alleged supposedly has an Office of Professional Re- I would appreciate receiving a response had ties with organized crime, specifically sponsibility to investigate complaints. I find from you. If your office is going to inves- the Genovese LCN family in New York, who it astounding that when I, as a member of a tigate my complaints I would like confirma- were distributing Bally video poker ma- state board, supported by editorials in two tion of that. If you are declining to do so I chines in Louisiana. Bally Gaming had highly respected newspapers, make a formal would at least like a definitive statement loaned in excess of $25 million dollars to complaint about Justice Department mis- from you to that effect so that I can deter- these individuals who in turn were skimming conduct to the very office that is charged mine what further action I should take. the profits off the machines, thereby de- with investigating such complaints I cannot Awaiting your reply, I remain, frauding Bally and the State of Louisiana. even get the courtesy of a response. Very truly yours, The companies through which they were op- Hence, I call upon you as an elected rep- FRED J. CASSIBRY, erating, Worldwide Gaming of Louisiana resentative of the people of Louisiana for as- United States District Judge, (Ret.) (WGC) and Louisiana Route Operators sistance. The facts of the case clearly sup- Board Member, LEDGC. port the allegations of abuse of power which (LRO), went into bankruptcy. The President of Bally Gaming, Inc. Mr. Alan Maiss pleaded I have made and I would hope that the Con- LOUISIANA ECONOMIC DEVELOPMENT guilty to a felony arising out of these trans- gress would see fit to conduct its own inves- AND GAMING CORPORATION, tigation into the tactics of the Justice De- New Orleans, LA, January 31, 1995. actions. Our regulations require that a com- partment. At very least I request you help in Hon. JANET RENO, pany seeking to do business with the casino requiring the Justice Department to inves- Department of Justice, Washington, DC. prove by clear and convincing evidence a tigate itself. DEAR GENERAL RENO: Following up my cor- record of prior reliability. I certainly could Awaiting your reply, I remain, respondence to you of January 30, 1995, en- understand the President’s decision that Very truly yours, closed you will find an editorial that ap- Bally Gaming, Inc. did not satisfy that bur- FRED J. CASSIBRY, peared in the Baton Rouge Morning Avocate, den of proof. United States District Judge, (Ret.) one of the leading newspapers in our state. I The attorneys for Bally had no credible re- Board Member, LEDGC. again request your prompt response to my buttal to the President’s decision and to the request. Since I will be at the federal grand contrary expressed an inability to even dis- LOUISIANA ECONOMIC DEVELOPMENT jury you can get a message to me by calling cuss the allegations because of the pending AND GAMING CORPORATION, the Attorney Conference Center at the fed- federal prosecution. The primary argument New Orleans, LA, March 9, 1995. eral court at (504) 589–6111. submitted by Bally’s attorneys to the Presi- Mr. MICHAEL SHAHEEN. Thanking you for your prompt attention dent was that the United States Attorney’s Department of Justice, Office of Professional to this matter and awaiting your reply, I re- Office felt that Bally’s had been a ‘‘victim’’ Responsibility, Washington, DC. main. and therefore was not a knowing party to DEAR MR. SHAHEEN: Your attention is Very truly yours, what had taken place. The President in ar- called to my previous letter of February 8, FRED J. CASSIBRY, riving at his decision never questioned 1995, in which I requested an investigation United States District Judge, (Ret.) whether Bally was a victim, but correctly regarding the actions of certain members of Board members, LEDGC. pointed out that it had at best been ex- the United States Attorney’s Office in the tremely negligent in allowing itself to have Eastern District of Louisiana. To date I have LOUISIANA ECONOMIC DEVELOPMENT become partners with alleged organized received no response. However, I did receive AND GAMING CORPORATION, crime figures and clearly did not qualify correspondence from the Deputy Assistant New Orleans, LA, January 30, 1995. under the suitability requirements of Louisi- Attorney General in the Criminal Division, a Hon. JANET RENO, ana law. copy of which is enclosed. Department of Justice, Washington, DC. I was shocked and dismayed to find the at- As you can see from the copies of cor- DEAR GENERAL RENO: I address this letter torneys for Bally introducing into the record respondence I previously sent to you, specifi- to you because I have been advised that the of our proceedings a letter signed by three cally my letter of January 30, 1995 to Attor- United States Attorney for the Eastern Dis- Assistant United States attorneys expressing ney General Reno and Assistant Attorney trict of Louisiana, Mr. Eddie Jordan, has concern regarding the President’s findings General Harris, I had requested their inter- recused himself in the matter about which I and support for Bally Gaming, Inc. A copy of vention to secure a postponement of the am requesting assistance, I have been fur- that letter is attached for your ready ref- scheduled grand jury appearances for myself ther informed that in light of Mr. Jordan’s erence. In my 20 years as a federal judge I and other members of the Louisiana Eco- recusal all decisions in the matter have been have never seen the Department of Justice nomic Development and Gaming Corporation referred to First Assistant United States At- interject itself in such a flagrant fashion (LEDGC). They did not fit to grant that re- torney Jim Letten. Since it is the conduct of into the proceedings of a state board. You quest. I therefore wrote to you requesting an Mr. Letten, in part, about which I complain will note that the letter contains conclusory investigation as to what had transpired. I am required to write to you directly. Be- and unsupportable statements. For example, It is my understanding that you are cause this matter relates to a criminal inves- the letter states the corporation did not do charged with the responsibility of investigat- tigation being conducted by the United anything wrong, rather it was its president, ing allegations of impropriety by members of States Attorney’s office I am also sending a as though a corporation could act other than the United States Department of Justice. I copy of this letter to the Assistant Attorney through its officers. renew my request that you do so. While Mr. General in charge of the Criminal Division, At a public meeting attended by Bally’s at- Keenan offers his unsolicited opinion that Ms. Joann Harris. torneys I expressed my opinion about the the Assistant United States Attorneys in By way of background, I am a retired Unit- questionable conduct of the United States question acted professionally, it is my under- ed States District Judge having served over Attorney’s office in writing such a letter. At standing that it is your function, not his, to twenty years in the Eastern District of Lou- very least we had the obligation to hear make such determinations. isiana. A little over a month ago I was asked sworn testimony in support of the conclu- I respectfully suggest to you that it simply by the Governor of the State to serve on the sions if the government’s attorneys wanted does not suffice to respond to citizens’ com- Louisiana Economic Development and Gam- to give their views. They declined an invita- plaints, as did Mr. Keenan, by stating that ing Corporation (LEDGC) which regulates tion to testify, and when we issued subpoe- criminal investigations are secret and there- the landbased casino in New Orleans. The nas to them they predictably invoked execu- fore the actions of the investigators cannot Harrah’s Corporation has been awarded the tive privilege and refused to testify. Bally’s discussed. I assume that all criminal inves- contract to run the casino and the Board is attorneys then decided to ‘‘withdraw’’ the tigations by the Department of Justice are presently in the process of evaluating an ap- letter from the three assistant United States confidential. If that were reason enough to plication by Bally Gaming, Inc. to be the attorneys as though they somehow expected April 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 781 that the Board members were supposed to ig- [From the Advocate, Baton Rouge, LA., Jan It certainly looks as if Cassibry is correct. nore what had already been presented. 31, 1995] If that is the case, it is a highly inappro- It was on January 26, 1995 that the United FEDS SHOULD EXPLAIN PROSECUTORS’ ACTIONS priate role for federal prosecutors to take. States Attorney’s office wrote to us telling Appearances can sometimes be deceiving, Based on the information presented during us that they would not agree to testify be- but it certainly appears as if federal prosecu- the three-day hearing last week we believe fore the Board. On January 27, 1995 one of the tors are attempting to influence a decision Whitmore was justified in his denial of a li- same assistant United States attorneys who by the state casino board. cense for Bally’s to do business with the New wrote the letter issued a subpoena for all of We question whether interference in the af- Orleans casino. Bally’s failure to exercise the Board members to appear before the fairs of the casino board is the proper role due diligence in regards to its associations United States Grand Jury on January 31, for the federal prosecutors and think a pub- certainly seems to be sufficient cause to be- 1995. The Board is scheduled to vote on the lic explanation is in order. lieve that Louisiana is better off without Bally appeal the next day, February 1, 1995. At issue is a casino board decision on the further association with the firm. A copy of the subpoena is attached. issue of whether Bally Gaming Inc. should be Louisiana has enough mud on its face al- As I am sure you are aware a federal grand issued a license to supply to the New Orleans ready for its inept regulation of gambling casino $6.2 million in slot machines and the jury subpoena can be disconcerting under the without adding more by waffling on a license computer software to control the machines. best of circumstances. However, just before for a firm which allowed the tentacles of or- Wilmore Whitmore, chief executive officer ganized crime to reach into video poker gam- issuing the subpoena to the Board members of the casino regulatory agency, earlier this the United States Attorney’s Office had al- bling in the state. month had banned Bally from doing business Cassibry said the federal prosecutors be- ready gotten the President of LEDGC, Mr. with Harrah’s Jazz Co. Whitmore cited came involved because they want Bally to be Whitmore, before the Federal Grand Jury Bally’s involvement in the Louisiana video clean so they can portray the firm as the vic- and grilled him in a most antagonistic man- poker industry with two companies named tim. ner. They made it very plain to him that by federal prosecutors as organized crime ‘‘If Bally is the victim, they can stick it to they disagreed with his assessment of Bally’s fronts. all of those people they are trying to convict activities. it was clearly not a session de- Federal prosecutors have said Bally was .. . That’s the only reason I can think of for the victim of the alleged scheme by orga- signed to secure information, but rather to this outlandish behavior,’’ he said. challenge Mr. Whitmore’s conclusions. nized crime to make inroads into Louisiana’s video poker gambling industry. We appreciate the federal prosecutors for Through my attorney, Julian Murray, I ex- their role in bringing to light the efforts by pressed to Mr. Letten how ill timed and in- Whitmore contended, however, that Bally was negligent in its rush to capitalize on the organized crime families in New Orleans, timidating were such subpoenas. I inquired New York and New Jersey to become in- as to whether the grand jury appearances lucrative video gambling industry in Louisi- ana and failed to exercise sound business volved in Louisiana’s gambling business. could be postponed for a reasonable amount practices. But we don’t believe the involvement of of time so that the Board members did not In the early stages, Bally Gaming ad- the prosecutors in attempting to take up for have to vote on such an important matter vanced thousands of dollars to the two Lou- Bally now is appropriate. knowing that they would incur the ire of the isiana companies without meaningful over- The actions of the federal prosecutors are federal prosecutors before whom they would sight, Whitmore said. This business associa- sufficiently serious that they deserve the at- have to appear the next day. Mr. Letten re- tion ‘‘afforded organized crime the oppor- tention of—and an explanation by—Attorney sponded to my attorney that a continuance tunity to infiltrate the Louisiana video General Janet Reno. was not possible. Rather, he, Mr. Irwin and poker industry.’’ Mr. Perricone (the same three Assistant Whitmore also said Bally directors knew or United States Attorneys that sent the letter) should have known about a year before fed- [From the Times-Picayune, Feb. 3, 1995] felt that it was imperative that the grand eral indictments were returned against 17 in- WRONG DECISION, WRONG MESSAGE jury hearing go forward. When a meeting was dividuals that the two companies in which requested with United States Attorney Eddie some of the indicted men were involved were By granting Bally Gaming Inc. a license to Jordan so that that decision could be re- linked to criminal elements. sell $6.2 million worth of slot machines and computer equipment to the temporary ca- viewed, Mr. Letten responded that the Unit- The former president of Bally Gaming, sino, the state Casino Board this week rein- ed States Attorney had recused himself in Alan Maiss of Reno, Nev., pleaded guilty ear- lier this month to two counts of misprision forced the notion that Louisiana’s gambling the matter and that he, Letten, was the of a felony—having knowledge of crimes regulators are more concerned with protect- United States Attorney as far as this par- being committed but failing to report them ing the powerful casino interests than the in- ticular matter was concerned. to proper authorities—in connection with tegrity of the industry in our state. I am therefore required to write to you for the case. Bally Gaming made a terrible business de- review of this decision. I request that there Bally appealed Whitmore’s denial of a li- cision when it picked Worldwide Gaming as be a postponement of my appearance before cense, and the casino board conducted a its exclusive Louisiana distributor for Bally the federal grand jury and that when I do ap- hearing last week on that appeal. video poker machines three years ago. As pear that the proceedings be handled by a During the hearing, new casino board this newspaper reported in our December se- special assistant United States attorney ap- member Fred Cassibry of New Orleans, a ries, ‘‘Stacking the Deck: The Birth of Lou- pointed by you. former U.S. District Judge, was critical of isiana Gambling,’’ in less than a year, World- In closing I emphasize that I write this let- federal prosecutors for writing letters to the wide had squandered $13 billion Bally had ter as an individual Board member and do casino board in response to a Bally request. lent it and was in bankruptcy. not purport to speak for the Board as a The letters portrayed Bally as a victim in And that was the good news. whole or any of the other members. However, the scheme which led to the indictment of 17 A year later, 17 people associated with I can state to you without equivocation that people last May. Worldwide were indicted by the federal gov- the interference by the United States Attor- ‘‘I consider this a serious breach of ethics ernment on charges that they operated and law.’’ Cassibry said of the letters. ‘‘It is ney in the Board’s proceedings has had a Worldwide as a front company for organized a disgusting and disgraceful attempt to in- crime. All but Stephen Bolson, a co-founder chilling effect on its deliberation. I suggest fluence this board.’’ of Worldwide, pleaded innocent and await that if you will take the time which I am re- The board instructed Whitmore to invite trial. questing to check into this matter you will Assistant U.S. Attorneys Jim Letten, Steven find that there is not in fact any urgency Irwin and Salvador Perricone, along with a Enter now the U.S. attorney’s office in that would dictate against my request for a state police representative, to testify at the New Orleans, which wrote a letter for Bally reasonable postponement of the grand jury hearings. responding to the Casino Board’s concerns appearance. If there is ever any information After the federal prosecutors offered to and claiming the company was an innocent which I am able to provide to the United speak only with ‘‘one or two of the commis- victim in the Worldwide affair. State’s government I am perfectly willing to sioners,’’ the board issued a subpoena for The office’s view that Bally was an inno- do so. I simply request that the inquiry be them to testify, Cassibry said Monday. The cent victim in the Worldwide scheme was al- ready clear from court documents they filed conducted in an appropriate manner by pros- subpoena was ignored, he said. in the case. Writing a letter on behalf of ecutors who do not have what is, at very Now, the U.S. attorney’s office has issued Bally can only create the impression that least, the appearance of ulterior motives. subpoenas to all nine members of the casino the federal government was weighing in on Thanking you for your prompt attention board to appear today before a federal grand jury. Bally’s side in a regulatory dispute where to this matter and awaiting your reply, I re- The casino board is scheduled to meet the U.S. attorney has no role. main, Wednesday to consider whether to uphold Whether a company is completely innocent Very truly yours, Whitmore’s denial of the license. of criminal wrongdoing in its business deal- FRED J. CASSIBRY, Cassibry said the U.S. attorney’s office is ings is an entirely different matter from U.S. District Judge, (Ret.) trying to intimidate the casino board into is- whether a company is suitable to receive a Board Member, LEDGC. suing the license to Bally. gambling license. E 782 CONGRESSIONAL RECORD — Extensions of Remarks April 4, 1995 In fact, there is much in the record of March 31, 1995, which, as you know, marks High School who wrote the essay titled ``Cesar Worldwide’s bankruptcy and in court docu- the birthday of the late Cesar Chavez. I would Chavez.'' ments and depositions taken in the case to like to especially thank Joe Coto, superintend- Mr. Speaker, it is with great pride that I ask raise serious questions about Bally’s suit- ent of the East Side Union High School Dis- ability to do business in Louisiana’s gam- you to join me in recognizing these distin- bling industry. trict, for organizing this important event. guished students and award recipients from Here are a few of the details that raise le- I am very proud of all the students who par- my district, who looked to see Cesar Chavez gitimate unanswered questions about Bally ticipated in the Cesar Chavez Writing Contest, as a great citizen worthy of respect, praise, Gaming. and would like to congratulate each of them and emulation. Mr. Speaker, we all look in our Jerry Flynn, Bally Gaming sales manager on their achievement. By participating in this history with respect and love for the men and in 1992, testified in a court deposition that writing contest, these students paid tribute to women who devote their lives to the cause of then-Bally president Alan Maiss knew of Cesar Chavez, who dedicated his life to the social and economic justice to all citizens. Worldwide’s ties to alleged mobsters but struggle for equal rights and equal opportunity. Cesar Chavez is such a man. His memory will continued to do business with the company. His work fighting for human beings and fair Maiss denies the allegation. live on through the heart-felt poems and es- In a plea agreement with the federal gov- working and living conditions for farmworkers says of these students. I commend each of ernment, Mr. Maiss earlier this month plead- was an inspiration to those who joined him these remarkable students for their important ed guilty to a felony count of failing to re- and those who supported his efforts around contribution to preserving the memory of port that one of Worldwide’s founders, Chris- the world. Cesar Chavez. topher Tanfield, did not have a Louisiana Cesar Chavez will be remembered for his Mr. Speaker, over the next several days I gambling license. tireless commitment to improve the plight of will be entering into the RECORD the essays Mr. Tanfield, one of the people indicted in farmworkers and the poor throughout the Unit- the Worldwide case, testified last week in a and poems of these students. I will start by ed States. And, he will be remembered for the sharing with you the poems of the two grand deposition for the Casino Board that his inspiration his heroic efforts gave to so many agreement to resign from Worldwide in 1992 prize winners, Rosalinda Gonzalez of Inde- after a newspaper article linked him to Americans to work nonviolently for justice in pendence High School, and Nicole Perez of members of a New York organized crime their communities. Mt. Pleasant High School. Their poems follow: family was essentially an artifice—that he These students who participated in this writ- Rosalinda Gonzalez of Independence High continued to work 20-hour days as a ‘‘con- ing contest have been an inspiration to me in School. sultant’’ to Worldwide, taking instructions my efforts as a recent cosponsor of a resolu- from Bally officials. tion that would declare March 31 a Federal ‘‘CESAR CHAVEZ’’ If that is true, it goes to the heart of Ca- holiday in honor of Cesar Chavez. The resolu- Lying there in death sino Board President Wilmore Whitmore’s In a hot room tion which is sponsored by Congressman BOB ruling that Bally was unsuitable for a license With only a fan to cool him in part because Bally failed to aggressively FILNER of San Diego currently has 20 original A crate-looking casket address concerns about mob ties in cosponsors and will be introduced this Con- I saw him Worldwide’s operations. gress. In the flesh There is a larger issue at stake here than Mr. Speaker, the students who participated A great man’s death whether Bally Gaming does or does not have in the Cesar Chavez Writing Contest deserve People in mourning a license. to be recognized individually for the wonderful Over the end of an era Under the best of circumstances, a state essays and poems they wrote in his honor. An era in which should do everything in its power to place a Rosalinda Gonzalez of Independence High I had no part gambling license in the hands of operators School and Nicole Perez of Mt. Pleasant High The marches, boycotts, fasts, who are above reproach. La huelga A gambling license is a privilege, not a School were the two grand prize winners. I had only heard of them right. State regulators need not prove that Each wrote poems about Cesar Chavez's life. from my Dad an applicant for a gambling license is unsuit- Rosalinda Gonzalez' poem is titled ``Cesar able; the applicant has to prove beyond a Chavez'' and Nicole Perez' poem is titled Assembled for a funeral reasonable doubt that it is suitable to hold a ``Recollection.'' March license. The first place winners are listed as follows: Was when I understood In deciding to overturn Mr. Whitmore’s de- Sabrina Hernandez of Andrew High School It is about people cision, the gambling board in essence decided By the thousands who write the essay titled ``This Spirit We Fol- They came that the interests of a casino equipment ven- low''; Aberin Rodrigo of James Lick High dor outweighed the public’s right to an un- Men, women, children tainted gambling industry. School who wrote the essay titled ``Cesar Different races, lifestyles, and creeds There are many companies across the Chavez''; Kathryn White of Oak Grove High Unity country that would leap at the chance to School who wrote the essay titled ``Making the As I marched supply the casino with equipment—compa- World a Better Place''; Lisette Muniz of W.C. I felt it nies whose reputations, judgment and atten- Overfelt High School who wrote the poem ti- I was brought back tion to detail are not in question. tled ``Cesar Chavez''; Ahmed Desai of Pied- To the days By granting Bally a license, the Casino mont Hills High School who wrote the essay ti- My Dad Spoke of Board has announced what kinds of past be- tled ``Dedicated to a Dedicator''; Maria Gon- Marching for a cause Together as one havior it will overlook in its applicants, zalez of Santa Teresa High School who wrote what kinds of questions it will leave unan- the poem titled ``Battle''; Brenda Reyes of Sil- Now swered, what kinds of issues it will overlook. Is the time The board has set the bar at an all-too-fa- ver Creek High School who wrote the poem ti- For action miliar low level, and the citizens of the state tled ``Who is He?''; and Eulala Reynolds of Our generation is are ill served by its action. Yerba Buena High School who wrote the Next in line f poem titled ``Cesar Chavez.'' Educate and make a The second place winners are listed as fol- Change HONORING THE CESAR CHAVEZ lows: Lauren Droira of Andrew Hill High The birth of a new era WRITING CONTEST AWARD WIN- School who wrote the essay titled ``Cesar NERS OF THE EAST SIDE UNION Chavez' Testimony to Modern Society''; Eve Nicole Perez of Mt. Pleasant High School. HIGH SCHOOL DISTRICT Zuniga of Independence High School who ‘‘RECOLLECTION’’ wrote the essay titled ``Charity''; Troy Arevalo My eyes looked up at him longingly, HON. ZOE LOFGREN of James Lick High School who wrote the the man my parents often spoke of. OF CALIFORNIA poem titled ``Cesar Chavez''; Marie Aloy of Mt. ‘‘There he is hija,’’ IN THE HOUSE OF REPRESENTATIVES Pleasant High School who wrote an untitled ‘‘He’s the one,’’ the one that helped us. essay; Mark Papellero of W.C. Overfelt High He shook my fathers hand, with a firm grip, Tuesday, April 4, 1995 School who wrote the poem titled ``The Lives and a subtle smile. Ms. LOFGREN. Mr. Speaker, I rise today to of Workers''; Raymond Ramirez of Piedmont He was wearing very simple clothes, yes, a very humble man. recognize the winners of the first annual Cesar Hills High School who wrote the poem titled Yet he held a world of power, Chavez writing contest held by the East Side ``Chavez y La Causa''; Ester Martinez Estrada in his strong, worn out hand. Union High School District in San Jose, CA. I of Santa Teresa High School who wrote the I remembered all the things he did, had the great privilege of attending the award essay titled ``A Hero to the Mexican Commu- all the things he did for us. ceremony honoring the student winners on nity''; and Anthonette Pena of Silver Creek The strikes, the vigils, his leadership against April 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 783 the one’s who tried to conquer us. that were interlocked in his heart and the MAKING THE WORLD A BETTER PLACE My mother told me the stories, hearts of us that believed in him. He worked (Kathryn White of Oak Grove High School) the stories of the past. hard to break the wall of obscurity that Of how Mr. Chavez held on, never letting go, seemed to combine work with pain. The Cesar Chavez was not just a man, in the strong and always stead-fast. paths that Cesar Chavez traveled are here for eyes of many he was a hero. Although Chavez I held on tightly and whispered in my us today so that, we too, can experience passed away two years ago, he will always be mama’s ear life’s forsaken treasures. remembered and looked up to. Chavez was a ‘‘I’m gonna be just like him mama,’’ Cesar Chavez was a leader and today, for man who dedicated his life to improving the ‘‘I’m gonna be just like him.’’ many, still remains a leader. He spent his lives of the American farm worker. He orga- whole lifetime uniting people, a quality he nized the powerless migrant farm workers of There were eight first place winners. Of possessed even in death. He dignified, he con- California and forced the growers to pay bet- these eight, I will enter the essays of the first vinced, and he gave his life to all those that ter wages and provide better working condi- three first place winners today. The essays of believed in him. What Cesar Chavez stood for tions for the workers. His struggle was Sabrina Hernandez of Andrew Hill High is relevant in our world and lives today, and tough, but his commitment to the farm School, Aberin Rodrigo of James Lick High now he is able to serve as a model for all workers was stronger than any of those who School, and Kathryn White of Oak Grove High youth to believe in, to follow, and to become. opposed him. It was Chavez’ honor, dignity, School follow: and sense of duty that make him one of the (Aberin Rodrigo of James Lick High School) best role models a child growing up in to- Sabrina Hernandez of Andrew Hill High CESAR CHAVEZ day’s world could possible have. School. In this crumbling society, where every- Many children today look to violence to ‘‘THIS SPIRIT WE FOLLOW’’ thing seems to retrogress instead of solve their problems. Their only role models Why are people of past struggles as well as progress, role models are needed to guide the are those that they find on the ‘‘big screen,’’ successes remembered in spite of their youth of the world in a positive direction. and because of this many important values death? Why, because they are leaders. Cesar One might suggest that the youth today do are being replaced by superficial beliefs in Chavez died in 1993 and still, today, he serves have role models, but these role models are the lives of children everywhere. Yet, it is as a model for youth throughout the world. usually athletes or superstars. These ath- people such as Cesar Chavez who can bring Cesar Chavez had fire in himself, a spark of letes and superstars may be rich and famous, about change in children’s lives. Chavez was divine madness as he would march, boycott, but they hide behind them the real models of a nonviolent and hardworking man who fol- and strike to win rights for migrants. But today. Ordinary people who struggle and bat- lowed his heart and used his time and energy above all, Cesar Chavez helped all Hispanic tle for what they believe in should be the to promote peace and make a better life for people to dignify their deepest desires, con- role models of our youth because they dis- those around him. The qualities which made vinced many to follow his own footsteps in play characteristics that are not often shown Chavez the great man that he was are those the making of a great history, and finally, today. There are so many of these ‘‘second- that children everywhere should want to in- gave people a sense of glory about them- ary’’ role models, but one seems to stand still in their lives. selves. out. This man was not very big physically, Chavez had a mission, and although he was Today people may wonder who Cesar Cha- yet his heart was one of enormous propor- opposed by many who did not agree with vez really was and, as a youth, one may ques- tions. A courageous and determined leader him, he never gave up. He had a commit- tion how Cesar Chavez became the person he was what he was, and his name was Cesar ment, and his promise to the farm workers of is remembered to be. Cesar Chavez helped Chavez. America was one that he intended to keep. people to dignify their deepest desires, no Starting out his life as a farmer, Chavez The life and hard work of Cesar Chavez dem- matter what they were to be. In doing so, began to realize how poor the conditions onstrates to children the rewards for having people’s desires today are to keep Cesar Cha- were that migrant farmers faced. They lived a goal and working hard until it is reached. vez’ spirit alive in the hearts of his followers in shacks that were merely chunks of wood Chavez can serve as a role model to children and, most of all, in the hearts of the youth. piled on one another. The food they were around the world in that he was a dignified We, the youth of today, will become the lead- given were of the worst quality and plumb- man who made a promise to himself and the ers of tomorrow. In order to become success- ing was not available in these shacks. To people around him and through hard work ful adults, we need people like Cesar Chavez, make it worse, these farmers were given no and determination reached his goal. With a who struggled to keep his dreams alive so benefits, even though they worked approxi- role model like this, children can learn that they could become a reality. Together we mately sixteen hours a day, six to seven working hard and helping others not only may look up to and follow in his footsteps, times a week. these ridiculous facts awak- makes the other person feel good but will determined to reach our goals despite the ened the leader which was hidden in Chavez. bring about a sense of self-pride, a huge re- hardships that we may come to face. His calm rage became visible when he orga- ward for honest hard work. Cesar Chavez was like a mirror, reflecting nized the United Farmworker’s Union. With Cesar Chavez taught the world that work- back to people their own sense of purpose, this union he planned to call upon the na- ing together accomplishes in much more putting into words their hopes and dreams, tion’s attention concerning the rights of than working alone. He taught the farm transforming their needs and fears into co- these ‘‘invisible people.’’ He wanted to let ev- workers, the Latino community, and every- herent policies and programs. On July 29, eryone know how pitiful the migrant farm- one around the world that pride in one’s self, 1970, Cesar Chavez and his followers signed ers’ living conditions were. If some people belief in those around you, and unending de- union contracts with the U.F.W. known to be could be reached by Chavez’s actions, which votion to a worthy cause can make the world the United Farm Workers union. This union included going on two hunger strikes, then a better place. With a role model like Cha- helped migrant farmworkers join together to maybe these people could help make these vez, children everywhere can see that having dramatize the plight of America’s poor farm- conditions less ridiculous and heinous. One honor and duty, not giving up when things hands. Today youth are able to look upon might say, ‘‘Well, why did they not just get tough, and working together with others this heroic man and into the future so that leave and find another job?’’ They could not. will provide a better more unified world we may finally realize, ‘‘Yes, we can be lead- Who else would give them a job knowing where everyone can live together in peace. ers too.’’ In the mid 1900’s, people had glory their background? Even though they were f in themselves, though they did not know it. paid so little, and were treated so poorly, no They were too busy working the fields, pick- one else would pay and treat them better. ing lettuce, picking fruits, and least liked of This is what Chavez tried to change, and TERM LIMITS CONSTITUTIONAL them all, picking grapes. Now that we are with great patience, determination, courage AMENDMENT approaching the year 2000, thanks to Cesar and leadership, he would die trying. Chavez, farmworkers, some from our own All of Chavez’s accomplishments were done families, do not have to suffer as much to with many characteristics not often shown SPEECH OF earn a living. We still have to work, yet we in modern life. His courage was displayed have time to hope, to wish, and to dream. when he spoke his mind representing the HON. BENJAMIN A. GILMAN Our strength made him strong; our deter- opinions of the migrant workers. His deter- OF NEW YORK mination made him determined; our courage mination was displayed in his starvation made him a hero; he was and still is, in the protests, while his leadership was displayed IN THE HOUSE OF REPRESENTATIVES final analysis, the symbol of our dreams and in his organization of the Grape Boycott and Wednesday, March 29, 1995 hopes, shaped by our own spirit and will . .. the United Farmworker’s Union. His pa- his name, Cesar Chavez. He lead the making tience undoubtedly was the force behind his The House in Committee of the Whole of memorable history and today our grand- continuance to fight for what he believed in. House on the State of the Union had under parents and our parents are able to tell us These are the characteristics lacked by the consideration the joint resolution (H.J. Res. the story of this wonderful man. Cesar Cha- youth today, and even though Chavez has 73) proposing an amendment to the Constitu- vez’ beliefs were bolder than a pair of eagle’s passed on, maybe, just maybe he might have tion of the United States with respect to the wings. He stood strong and tall surpassing influenced a few youths—youths who need number of terms of office of Members of the his own hardships while achieving dreams guidance. Senate and the House of Representatives: E 784 CONGRESSIONAL RECORD — Extensions of Remarks April 4, 1995 Mr. GILMAN. Mr. Chairman, just last week, term limits are the only possible way to turn countability to the people. George Will, per- after a historic debate, we discussed and ap- out Representatives who have outlived their haps the most notorious spokesperson in proved the Personal Responsibility Act, send- usefulness. favor of term limits, openly states that he fa- ing a clear message: Americans must take re- Our Nation already has term limits: it's vors a constitutional distance between the sponsibility for their own actions. called voting. people and Members of Congress. The theory Two weeks ago, our debate on common Cokie Roberts is not only one of our Na- seems to be that if we in the Congress do not sense legal reform also focused on the propo- tion's most respected journalists, she is also have to worry about reelection, we will do the sition that individual responsibility is the hall- the daughter of two former colleagues of ours. right thing. Our colleague in the other bodyÐ mark of our Nation. She pointed out just prior to the 1992 elec- Senator MCCONNELL of KentuckyÐquite Isn't it ironic that we are now moving to strip tions that Congress ``is a place to be taken se- articulately points out that: ``The underlying Americans of the most basic, crucial respon- riously, a place for professionals. That does presumption here is that `the right thing' must sibility of all: The responsibility to remain alert, not mean that everyone in Congress should be contrary to the will of the people; and once active, and informed; the responsibility to mon- be a lifelong politician, and few are * * * But you realize that, you see how vehemently anti- itor elected officials; the responsibility to cast some experienced souls will still be there pro- populist and undemocratic term limits really an intelligent vote on election day. viding an institutional memory, explaining the are.'' Some of the most well-meaning, thoughtful, importance of protecting congressional prerog- The importance of the Congress to our and patriotic individuals of our day are strongly atives in the face of what may be an aggres- Founding Fathers is underscored by the fact in support of term limits, inside and outside of sive new administration and assuring freshly that it is established by the very first Article of this body. We are reminded that polls tell us elected members that they can take principled the Constitution. The first section of that article a vast majority of our fellow citizens, at least but unpopular stands and live to fight another defines the Congress; the second states that: in principle, strongly support term limits. day.'' ``The House of Representatives shall be com- It is our responsibility, as guardians of the The supporters of term limits allude to the posed of Members chosen every second Year people's liberties, to oppose this undemocratic old days of the citizen Congress as if there by the People of the several States * * *.'' It and self-destructive step backward. were a time in our history when voluntary term is interesting to note that Members of the Adoption of a term limit amendment would limits were the rule. In reality, the services of House of Representatives are the only public enhance, not destroy, the public apathy which such American giants as Henry Clay, Daniel officials whom the Constitution specified, from is already a festering problem. Does anyone in Webster, John C. Calhoun, and Thomas Hart the very beginning, are to be elected by the this Chamber truly believe that the 62 percent Benton would have been denied us, at the people. of the American electorate who stayed home peak of their intellectual capacities, had term Sadly, we know that the term ``people'' had on election day 1994 would really have been limits been in effect in the 1800's. Had they a different meaning in 1787 than it does now. motivated to appear at the polls simply by been in effect then, the famous Lincoln-Doug- To correct these inequities, our Nation has knowing whoever they elected would be lim- las debates, which helped awaken our Na- broadened the definition of ``people'' as times ited to 12 years in office? Why would any tion's conscience on slavery, would never and growing awareness demanded. By the qualified candidate bother to run for Congress have taken place because Senator Douglas 1840's, the requirement that all voters be against any incumbent, if he or she knew per- would have been ineligible for reelection. property owners, which was taken for granted fectly well that a wait of a few years would In our own century, some of the most out- by our Founding Fathers, was eliminated by present an open seat? Why would any political standing services of Senators Hubert Hum- law in most of the States. By constitutional party or committee, or the news media, bother phrey and Barry Goldwater, of Speaker Sam amendment our Nation extended the vote to to research and publicize the voting record of RayburnÐand the Speaker NEWT GINGRICHÐ racial minorities and former slaves in 1870, to any Member, knowing that person would be would have been denied us had term limits women in 1920, to residents of the District of gone within 12 years, no matter what? Who been in effect. Columbia in 1961, to those who cannot afford would bother to raise money or devote time to I do not subscribe to the theory that public poll taxes in 1964, and to 18-year-olds in opposing any incumbent if we knew they service is the only job in our society in which 1971. Through the Voting Rights Act of 1965 would soon be gone? experience is bad, not good. and subsequent legislation, we made our Term limits are being proposed to solve a Some of the criticism of Congress which ideals a reality by enforcing the extension of problem that does not exist. Over half the cur- has led people to support term limit proposals the franchise to all Americans. rent Members of Congress began their service is justified. However, term limits is not an ef- Today, we are asked, for the first time in our here since 1990. During the 8 years that Ron- fective means of addressing these concerns, Nation's history, to turn the clock back on 208 ald Reagan was President, the House experi- and may be a case of going from the frying years of progress. After two centuries of ex- enced a 60-percent turnover of membership. pan into the fire. In fact, no problems have panding the electorate and the rights of our Just this morningÐMarch 29, 1995Ðthe ever been resolved by taking rights and re- citizens, for the first time, an amendment is Washington Post pointed out in an editorial: sponsibilities away from the people. proposed that would restrict the rights of What term limit supporters want is what is During the recent 40-year domination which Americans to make a free and open choice re- happening without term limits. Of the 435 the Democrats enjoyed in this Chamber, all members of the House, 219—a majority—have garding their representatives, and which would been there less than 5 years. Turnover has too often committee chairmen utilized their se- absolve them of the responsibility of remaining been especially dramatic in the last two niority to thwart the will of their colleagues and alert and active. elections: The House class of 1994 included 87 of the people. The new House rules which we Mr. Speaker, term limits is more than just a first termers, the class of 1992 included 110 adopted this past JanuaryÐand which I was bad idea. It is a threat to our system of gov- .. . All by themselves, without any law com- pleased to supportÐprecludes this from hap- ernment. Let us reject this amendment and pelling them to do so, voters have shaken up pening again. Chairmen are now restricted to get on with the business of governing. Congress a great deal in a very short time. 6 years in the chairman's seat, no matter how f The House should vote this week to reject many times the voters at home exercise their constitutional amendments that would im- pose term limits, right to re-elect them. Long overdue election TRIBUTE TO THE GOLDEN EAGLES reforms and changes in campaign finance The Washington Post editorial continues, OF NORTH CAROLINA HIGH rules, can also level the playing field, encour- SCHOOL because they are an unnecessary interference aging responsible challenges to incumbent with the freedom of voters to elect whom Members of Congress. Term limits will not. they want. Term limits would also make HON. HOWARD COBLE Congress a less democratic place. By robbing Throughout my many years as a Member of Congress of the expertise that members who this body, I have never experienced an unop- OF NORTH CAROLINA manage to get reelected can develop over posed election. Every 2 years, I have de- IN THE HOUSE OF REPRESENTATIVES many years, term limits would concentrate fended the positions I had taken, explained my expertise—and thus, power—in congressional voting record, and accounted to the people for Tuesday, April 4, 1995 staffs, in the executive branch and in this my conduct in office. I believe that this was Mr. COBLE. Mr. Speaker, for the second city’s growing cadre of paid lobbyists. the way our Founding Fathers intended Con- time in 3 years, a school in the Sixth District Those Americans who have chosen to exer- gress to work, and I see nothing wrong with has captured the 1994±95 North Carolina high cise their responsibility in voting have been re- this. school 1A/2A dual team wrestling champion- markably discriminating. It is an insult to their Some supporters of term limits seem to ship. What makes it even more special, is that intelligence, and to their patriotism, to contend think it would be desirable to remove this ac- it is the same team which won both titles. April 4, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 785 On February 11, the Golden Eagles of East tic situation to be involved with—a chance Coach Brian Lingerfelt, and each member of Davidson High School won the State 1A/2A to win a state title. the team. Best wishes to Doug House (103), dual team wrestling championship with a 28- Coach House would be the first to note that Michael Tucker (112), Jeff Lowman (119), to-25 sudden-death overtime victory against it takes a total team effort to compile a record Brad Moore (125), Chris Burkhart (130), Tony Mount Pleasant High School. Head Coach of 24±1 as the Golden Eagle did this season. Peters (135), John Musser (140), Shane Se- Bobby House, who has guided East Davison Special notice must be given, however, to bastian (145), Chris Waddell (152), Daryl wrestling to an outstanding 159±33 dual team heavyweight wrestler Jeremy Perry who Childress (160), David Lackey (171), Tim Daut record over the last 11 seasons, told the scored an escape point with 4 seconds re- (171), Jay Rollins (189), and Jeremy Perry Thomasville Times that this year's squad was maining in overtime to seal the win for East (heavyweight). Special thanks is also given to special: Davison. Sophomore David Children who led managers David House and C.J. York and to the Golden Eagles with 29 wins against only the ``Wrestlerettes'' Lori Blake, Megan Gordon, This is a different group of kids. That 3 losses this season, told the Times it was and Jamie Fleming. group in ’93, I wouldn’t trade ’em for noth- ing. And I wouldn’t trade these kids for noth- only fitting that Perry clinched the champion- To Principal Ben Terrell and Athletic Direc- ing. They’re fantastic. These parents here ship. ``He said at the beginning of the year he tor Danny Ward, and to all of the students, work crazy for us and do everything we ask didn't want anything but a state championship, faculty, staff, families, and fans of East David- them to do. The booster club gave us a great and that's the man to have on the mat when son High School, we offer our congratulations practice facility. I mean, what can I say? it happened. So, I'm glad it was him.'' on capturing the State of 1A/2A dual team Danny Ward, the A.D., has done everything We are glad for all of the members of the wrestling championship. The entire Sixth Dis- for us we could possible ask. All the coaches East Davidson wrestling squad. Congratula- trict of North Carolina is proud that you have participate in doing things. It’s just a fantas- tions to Head Coach Bobby House, Assistant won this title 2 out of the last 3 years. Tuesday, April 4, 1995 Daily Digest Senate vestigate whether there is any improper food indus- Chamber Action try lobbyists’ involvement in the transfer of WIC Routine Proceedings, pages S5087–S5160 into State controlled block grants. Pages S5101±13 Measures Introduced: Twelve bills and four resolu- Dole/McConnell Modified Amendment No. 451 tions were introduced, as follows: S. 663–674, S. (to Amendment No. 450), to establish debt restruc- Res. 100–102, and S. Con. Res. 10. Pages S5141±42 turing and debt relief for Jordan. Pages S5104±08 Measures Reported: Reports were made as follows: A motion was entered to close further debate on S. 384, to require a report on United States sup- Hatfield Amendment No. 420, listed above and, in port for Mexico during its debt crisis, with an accordance with the provisions of Rule XXII of the amendment in the nature of a substitute. Standing Rules of the Senate, a vote on the cloture Special Report entitled ‘‘Revised Allocation to motion will occur on Thursday, April 6, 1995. Subcommittees of Budget Totals from the Concur- Page S5139 rent Resolution for Fiscal Year 1995’’. (S. Rept. No. Senate will resume consideration of the bill on 104–26) Wednesday, April 5, 1995. Special Report entitled ‘‘Activities of the Commit- Nominations Received: Senate received the follow- tee on Governmental Affairs’’. (S. Rept. No. 104–27) ing nominations: Page S5141 Nancy Friedman Atlas, of Texas, to be United FEMA Supplemental Appropriations/Rescissions: States District Judge for the Southern District of Senate continued consideration of H.R. 1158, mak- Texas. ing emergency supplemental appropriations for addi- John Garvan Murtha, of Vermont, to be United tional disaster assistance and making rescissions for States District Judge for the District of Vermont. the fiscal year ending September 30, 1995, taking George A. O’Toole, Jr., of Massachusetts, to be action on amendments proposed thereto, as follows: United States District Judge for the District of Mas- Pages S5097±S5113, S5116±19 Pending: sachusetts. Hatfield Amendment No. 420, in the nature of a Leland M. Shurin, of Missouri, to be United States substitute. Pages S5097±98 District Judge for the Western District of Missouri. D’Amato Amendment No. 427 (to Amendment Messages From the House: Page S5140 No. 420), to require Congressional approval of ag- Measures Placed on Calendar: Pages S5140, S5160 gregate annual assistance to any foreign entity using the Exchange Stabilization Fund established under Petitions: Pages S5140±41 section 5302 of title 31, United States Code, in an Executive Reports of Committees: Page S5141 amount that exceeds $5 billion. Pages S5097±98 Murkowski/D’Amato Amendment No. 441 (to Statements on Introduced Bills: Pages S5142±55 Amendment No. 427), of a perfecting nature. Additional Cosponsors: Page S5155 Pages S5097±98, Amendments Submitted: Pages S5156±57 Daschle Amendment No. 445 (to Amendment No. 420), in the nature of a substitute. Authority for Committees: Page S5157 Pages S5097±98, S5116±19 Additional Statements: Pages S5157±60 Dole (for Ashcroft) Amendment No. 446 (to Adjournment: Senate convened at 9:30 a.m., and Amendment No. 445), in the nature of a substitute. adjourned at 7:33 p.m., until 9:30 a.m., on Wednes- Pages S5098±S5101 day, April 5, 1995. (For Senate’s program, see the Wellstone Amendment No. 450, to express the remarks of the Majority Leader in today’s RECORD sense of the Senate that before the Senate votes on block granting WIC to States the Senate Committee on page S5160.) on Agriculture, Nutrition, and Forestry should in- D 470 April 4, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 471 tion for Public Broadcasting, Washington, D.C.; and Committee Meetings Joy Rouse, Parkway School District, St. Louis Coun- (Committees not listed did not meet) ty, Missouri. Subcommittee will meet again on Friday, April 1995 FARM BILL 28. Committee on Agriculture, Nutrition, and Forestry: Com- AUTHORIZATION—DEFENSE mittee resumed hearings on proposed legislation to strengthen and improve United States agricultural Committee on Armed Services: Committee resumed hear- programs, focusing on the market effects of Federal ings on proposed legislation authorizing funds for farm policy, receiving testimony from Senators fiscal year 1996 for the Department of Defense and Feingold and Kohl; Bob Bergland, Roseau, Min- the future years defense program, focusing on De- nesota, former Secretary of Agriculture; Mark Feight, partment of Energy national security issues, receiv- Smith Barney, Inc., Southfield, Michigan; David C. ing testimony from Hazel R. O’Leary, Secretary of Lyons, Louis Dreyfus Corporation, Washington, Energy. D.C.; Martin E. Abel, Abel, Daft, Earley & Ward Committee recessed subject to call. International, Alexandria, Virginia; Robert D. Wel- AUTHORIZATION—DEFENSE lington, Agri-Mark, Inc., Lawrence, Massachusetts; Robert Amstrup, Northwood, North Dakota; and Committee on Armed Services: Subcommittee on Blake Hurst, Westboro, Missouri. Seapower held hearings on proposed legislation au- Hearings were recessed subject to call. thorizing funds for fiscal year 1996 for the Depart- ment of Defense and the future years defense pro- APPROPRIATIONS—DEFENSE gram, focusing on surface shipbuilding programs and Committee on Appropriations: Subcommittee on Defense the Department of the Navy’s plans for moderniza- held hearings on proposed budget estimates for fiscal tion and recapitalization, receiving testimony from year 1996 for the Department of Defense, focusing Nora Slatkin, Assistant Secretary of the Navy for Re- on Air Force programs, receiving testimony from search, Development and Acquisition; and Vice Sheila E. Widnall, Secretary of the Air Force; and Adm. T.J. Lopez, USN, Deputy Chief of Naval Op- Gen. Ronald R. Fogleman, Chief of Air Force Staff. erations for Resources, Warfare Requirements and Subcommittee will meet again on Thursday, April Assessments. 6. Subcommittee recessed subject to call. EDUCATION TECHNOLOGY PRODUCT LIABILITY Committee on Appropriations: Subcommittee on Labor, Committee on Commerce, Science, and Transportation: Sub- Health and Human Services, and Education (and Re- committee on Consumer Affairs, Foreign Commerce, lated Agencies) held hearings to examine the role of and Tourism concluded hearings on S. 565, to regu- technology in the American school system, receiving late interstate commerce by providing for a uniform testimony from Madeleine Kunin, Deputy Secretary, product liability law, after receiving testimony from Sharon P. Robinson, Assistant Secretary for Edu- Representatives Mink and Bilbray; Alabama State cational Research and Improvement, and Linda Rob- Representative Steve Flowers, Troy; Phyllis erts, Special Advisor for Education Technology, all of Greenberger, Society for the Advancement of the Department of Education; Linda Morra, Director, Women Health Research, Helen Kirsch, Reed, Education and Employment Issues, General Account- Smith, Shaw & McClay, representing the Coalition ing Office; Kathleen Fulton, Project Director, Office for Uniform Product Liability Law, Theodore B. of Technology Assessment; Mississippi State Super- Olsen, Gibson, Dunn & Crutcher, David Weiner, intendent of Education Tom Burnham, Jackson; American Bar Association, and Jonathan Massey, all Jeanne Hayes, Quality Education Data, Denver, Col- of Washington, D.C.; Lucinda Finley, University of orado; Ann Miller, Eastman Kodak, Rochester, New Buffalo School of Law, Buffalo, New York; Gail York; Margaret G. Kelly, International Society for Armstrong, National Breast Implant Coalition, Dal- Technology in Education, San Marcos, California; las, Texas; M. Stuart Madden, Pace University Joan Miller, West Sylvan Middle School, Portland, School of Law, White Plains, New York; Art Oregon; Beryl Jackson, PBS Mathline, Alexandria, Kroetch, Scotchman Industries, Inc., Phillip, South Virginia; Gary Vance, Satellite Education Resources Dakota, representing the Association for Manufactur- Consortium, Columbia, South Carolina; Walt ing Technology; Pete Van DePutte, Jr., Dixie Flag Hindenlang and Ben Casados, both of the Hughes Company, San Antonio, Texas; Stephen Daniels, Electronics Galaxy Institute for Education, El American Bar Foundation, Chicago, Illinois; and Segundo, California; Carolyn Reid-Wallace, Corpora- Peggy Phillips, Falls Church, Virginia. D 472 CONGRESSIONAL RECORD — DAILY DIGEST April 4, 1995 NOMINATION migration Reform, Washington, D.C.; and Richard Committee on Environment and Public Works: Commit- M. Hersch, West Palm Beach, Florida. tee ordered favorably reported the nomination of Hearings continue tomorrow. Shirley Ann Jackson, of New Jersey, to be a Member CIVIL JUSTICE REFORM of the Nuclear Regulatory Commission. Committee on the Judiciary: Committee concluded TRADE POLICY AGENDA hearings on S. 671, to provide a fair and balanced resolution to the problem of multiple imposition of Committee on Finance: Committee held hearings to re- punitive damages, after receiving testimony from view the Administration’s 1995 trade agenda and George L. Priest, Yale University Law School, New the 1994 Annual Report of the President of the Haven, Connecticut; Theodore B. Olson, Gibson, United States on the Trade Agreements Program, re- Dunn & Crutcher, on behalf of the American Civil ceiving testimony from Michael Kantor, United Justice Reform Group, and Victor E. Schwartz, States Trade Representative. Crowell & Moring, on behalf of the American Tort Hearings were recessed subject to call. Reform Association, both of Washington, D.C.; and WESTERN HEMISPHERE DRUG CONTROL Stephen Daniels, American Bar Foundation, and STRATEGY Robert Creamer, Citizen Action, both of Chicago, Il- linois. Committee on Foreign Relations: Subcommittee on Western Hemisphere and Peace Corps Affairs held SBA’S 8(A) PROGRAM hearings to examine Western Hemisphere drug con- Committee on Small Business: Committee held hearings trol strategy issues, receiving testimony from Robert to examine Federal policies governing small, dis- S. Gelbard, Assistant Secretary of State for Inter- advantaged businesses and the success and problems national Narcotics and Law Enforcement Affairs; Ste- associated with the Small Business Administration’s phen H. Greene, Deputy Administrator, Drug En- 8(a) Minority Business Development Program, re- forcement Administration, Department of Justice; ceiving testimony from Philip Lader, Administrator, Brian E. Sheridan, Deputy Assistant Secretary of De- Small Business Administration; Judy England-Jo- fense for Drug Enforcement Policy and Support; and seph, Director, Housing and Community Develop- John P. Walters, New Citizenship Project, and Wil- ment Issues, Resources, Community, and Economic liam J. Olson, National Strategy Information Center, Development Division, General Accounting Office; both of Washington, D.C. R. Noel Longuemare, Principal Deputy Under Sec- Subcommittee recessed subject to call. retary of Defense for Acquisitions and Technology; Steven Sims, National Minority Suppliers Develop- EARNED INCOME TAX CREDIT ment Council, and Arnold J. O’Donnell, O’Donnell Committee on Governmental Affairs: Committee held Construction Company, on behalf of the Association hearings to examine tax refund fraud, focusing on of General Contractors; James B. Graham, FaxLand the earned income tax credit and the Internal Reve- Corporation, Falls Church, Virginia; Santos F. Garza, nue Service’s efforts to detect and prevent erroneous Counter Technology, Inc., Bethesda, Maryland; Peter claims, receiving testimony from Margaret Milner Homer, Jr., Systems Integration and Research, Inc., Richardson, Commissioner, Internal Revenue Service, Arlington, Virginia, on behalf of the National Indian Department of the Treasury; Lynda D. Willis, Asso- Business Association; Nancy E. Archuleta, Mevatec ciate Director, Tax Policy and Administration Issues, Corporation, Huntsville, Alabama, on behalf of the General Government Division, General Accounting Latin American Management Association and the Office; Finn M.W. Caspersen, Beneficial Corpora- Council on Minority and Women-Owned Businesses; tion, Peapack, New Jersey; Daniel B. Grunberg, and Joshua I. Smith, MAXIMA Corporation, Jackson Hewitt Tax Service, Virginia Beach, Vir- Lanham, Maryland. ginia; Daniel A. Stein, Federation for American Im- Hearings were recessed subject to call. April 4, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 473 House of Representatives ages that an individual can claim; and removes the Chamber Action exemption from the requirement for tests intended Bills Introduced: Eleven public bills, H.R. to measure academic performance (agreed to by a re- 1383–1393; three private bills, H.R. 1394–1396; corded vote of 379 ayes to 46 noes, Roll No. 285). and two resolutions, H. Con. Res. 55–56, were in- Pages H4130±37 troduced. Pages H4176±77 Rejected the Dornan amendment en bloc that Reports Filed: One report was filed as follows: H. sought to prohibit any person to require or otherwise Res. 128, providing for consideration of H.R. 1215, seek the response of a minor to a survey or question- to amend the Internal Revenue Code of 1986 to naire (rejected by a recorded vote of 131 ayes to 291 strengthen the American family and create jobs (H. noes, Roll No. 286). Pages H4137±40 Rept. 104–100). Page H4176 H. Res. 125, the rule under which the bill was Speaker Pro Tempore: Read a letter from the considered was agreed to earlier by a yea-and-nay Speaker wherein he designates Representative Foley vote of 423 yeas to 1 nay, Roll No. 284. to act as Speaker pro tempore for today. Page H4107 Pages H4125±29 Recess: House recessed at 10:07 a.m. and recon- Late Report: Conferees received permission to have vened at 11:00 a.m. Page H4111 until midnight tonight to file a conference report on Journal: By a yea-and-nay vote of 369 yeas to 36 H.R. 889, making emergency supplemental appro- nays, with 1 voting ‘‘present’’, Roll No. 282, the priations and rescissions to preserve and enhance the House approved the Journal of Monday, April 3. military readiness of the Department of Defense for Pages H4111±12 the fiscal year ending September 30, 1995. Committees To Sit: The following committees and Page H4141 their subcommittees received permission to sit today Bill Re-referral: The joint resolution, H.J. Res. 70, during proceedings of the House under the 5-minute authorizing the Alpha Phi Alpha Fraternity to estab- rule: Committees on Agriculture, Banking and Fi- lish a memorial to Martin Luther King, Jr., in the nancial Services, Economic and Educational Oppor- District of Columbia or its environs, originally re- tunities, Government Reform and Oversight, Inter- ferred to the Committee on House Oversight, was national Relations, National Security, Small Busi- re-referred to the Committee on Resources. ness, Transportation and Infrastructure, and the Per- Page H4143 manent Select Committee on Intelligence. Page H4112 Committees To Sit: The following committees and Suspensions: House voted to suspend the rules and their subcommittees received permission to sit on pass the following measures: Wednesday, April 4, during proceedings of the Truth in Lending Act moratorium: H.R. 1380, House under the 5-minute rule: Banking and Finan- to provide a moratorium on certain class action law- cial Services, Commerce, Economic and Educational suits relating to the Truth in Lending Act; and Opportunities, Government Reform and Oversight, Pages H4120±22 House Oversight, International Relations, Judiciary, Sexual crimes against children: H.R. 1240, Resources, Small Business, and Transportation and amended, to combat crime by enhancing the pen- Infrastructure. Page H4143 alties for certain sexual crimes against children Senate Messages: Messages received from the Senate (passed by a yea-and-nay vote of 417 yeas, Roll No. today appear on page H4112. 283). Pages H4122±25 Quorum Calls—Votes: Three yea-and-nay votes Family Privacy Protection: By a recorded vote of and three recorded votes developed during the pro- 418 ayes to 7 noes, Roll No. 287, the House passed ceedings of the House today and appear on pages H.R. 1271, to provide protection for family privacy. H4111–12, H4124–25, H4128–29, H4136–37, Pages H4129±41 H4140, and H4141. There were no quorum calls. Agreed to the committee amendment in the na- Adjournment: Met at 9:30 a.m. and adjourned at ture of a substitute. Page H4141 Agreed to the Souder amendment en bloc that re- 9:09 p.m. quires that written consent to be obtained before re- questing a minor’s participation in a survey or ques- tionnaire; removes the $500 limit on monetary dam- D 474 CONGRESSIONAL RECORD — DAILY DIGEST April 4, 1995 Mary Lu Jordan, Chairman, Federal Mine Safety and Committee Meetings Health Review Commission; Jeanne Hurley Simon, COMMODITY FUTURES TRADING Chairperson, National Commission on Libraries; and COMMISSION AUTHORIZATION Marcia Bristo, Chairperson, National Council on Committee on Agriculture: Ordered reported H.R. 618, Disability. to extend the authorization for appropriations for the Commodity Futures Trading Commission through MILITARY CONSTRUCTION fiscal year 2000. APPROPRIATIONS AGRICULTURE, RURAL DEVELOPMENT, Committee on Appropriations: Subcommittee on Mili- FDA, AND RELATED AGENCIES tary Construction met in executive session to hold a APPROPRIATIONS hearing on Arabian Gulf Construction Program. Tes- timony was heard from Gen. J.H. Binford Peay III, Committee on Appropriations: Subcommittee on Agri- USA, Commander in Chief, Central Command, De- culture, Rural Development, Food and Drug Admin- partment of Defense. istration, and Related Agencies continued appropria- tion hearings. Testimony was heard from Members NATIONAL SECURITY APPROPRIATIONS of Congress and public witnesses. Committee on Appropriations: Subcommittee on Na- COMMERCE, JUSTICE, STATE, AND tional Security held a hearing on Fiscal Year 1996/ JUDICIARY APPROPRIATIONS 97 Navy/Marine Corps Budget Overview. Testimony Committee on Appropriations: Subcommittee on Com- was heard from the following officials of the Depart- merce, Justice, State, and Judiciary (and Related ment of Defense: John H. Dalton, Secretary of the Agencies) held a hearing on NOAA, SEC, and on Navy; Adm. Jeremy M. Boorda, USN, Chief, Naval the Commission on Civil Rights. Testimony was Operations; and Gen. Carl E. Mundy, Jr., USMC, heard from D. James Baker, Under Secretary, Oceans Commandant of the Marine Corps. and Atmosphere, Department of Commerce; Arthur Levitt, Jr., Chairman, SEC; and Mary Frances Berry, VA, HUD, AND INDEPENDENT AGENCIES Chair, Commission on Civil Rights. APPROPRIATIONS FOREIGN OPERATIONS APPROPRIATIONS Committee on Appropriations: Subcommittee on Veter- Committee on Appropriations: Subcommittee on Foreign ans’ Affairs and Housing and Urban Development, Operations, Export Financing and Related Programs and Independent Agencies continue appropriation held a hearing on Security Assistance/State and hearings. Testimony was heard from Members of DOD. Testimony was heard from Walt Slocomb, Congress and public witnesses. Under Secretary, Policy, Department of Defense; Lynn Davis, Under Secretary, Arms Control and FINANCIAL SERVICES COMPETITIVENESS International Security Affairs, Department of State. ACT INTERIOR APPROPRIATIONS Committee on Banking and Financial Services: Continued hearings on the following: H.R. 1062, Financial Committee on Appropriations: Subcommittee on Interior Services Competitiveness Act of 1995; Glass-Steagall (and Related Agencies) held a hearing on Natural Reform; and related issues. Testimony was heard Resources. Testimony was heard from public wit- from public witnesses. nesses. Hearings continue tomorrow. LABOR, HHS, AND EDUCATION APPROPRIATIONS MEDICAID; PROGRAM IN NEED OF Committee on Appropriations: Subcommittee on Labor, REFORM Health and Human Services, and Education (and Re- Committee on the Budget: Held a hearing on Medicaid: lated Agencies) held a hearing on Corporation for A Program in Need of Reform. Testimony was heard National and Community Service and Federal Medi- from June O’Neill, Director, CBO; Charles Bowsher, ation and Conciliation Service, Federal Mine Safety Comptroller General, GAO; Michael Mangano, Prin- and Health Review Commission, National Commis- cipal Deputy Inspector General, Department of sion on Libraries, and on the National Council on Health and Human Services; and the following offi- Disability. Testimony was heard from Eli J. Segal, cials of the Department of Justice: Daniel Anderson, Chairman and Executive Officer, Corporation for Na- Assistant Attorney General, Director, Medicaid tional and Community Service; John Calhoun Weils, Fraud Control Unit; and Tom Kubic, Section Chief, Director, Federal Mediation and Conciliation Service; White Collar Crime, FBI. April 4, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 475 IDENTIFYING CONFLICTS AND installations. Testimony was heard from the follow- INCONSISTENCIES IN WORKPLACE ing officials of the Department of Defense: Joshua REGULATIONS Gotbaum, Assistant Secretary, Economic Security; Committee on Economic and Educational Opportunities: Brig. Gen. Robert L. Herndon, USA, Director, Fa- Subcommittee on Oversight and Investigations held cilities and Housing Directorate, Office of the As- a hearing on Identifying Conflicts and Inconsist- sistant Chief of Staff, Installation Management, De- encies in Workplace Regulations. Testimony was partment of the Army; RAdm. Jack E. Buffington, heard from Sally Katzen, Administrator, Office of USN, Commander, Naval Facilities Engineering Information and Regulatory Affairs, OMB: and pub- Command, Department of the Navy; Brig Gen. lic witnesses. Thomas A. Braaten, USMC, Director Facilities Serv- ices Division, Installations and Logistics Department, OVERSIGHT U.S. Marine Corps; Maj. Gen. James McCarthy, Committee on Government Reform and Oversight: Sub- USAF, Air Force Civil Engineer, Department of the committee on Human Resources and Intergovern- Air Force; Sgt. Maj. Richard Kidd, USA; Master mental Relations held an oversight hearing on the Chief Petty Officer John Hagan, USN; Sgt. Maj. Department of Labor: Opportunities for Cost Sav- Harold G. Overstreet, USMC; and CMSgt. David J. ings. Testimony was heard from Charles Masten, In- Campanale, USAF. spector General, Department of Labor; Clarence Crawford, Associate Director, Education and Em- DEFENSE AUTHORIZATION ployment Issues, GAO; and public witnesses. Committee on National Security: Subcommittee on Mili- FEDERAL ELECTION COMMISSION tary Personnel continued hearings on the fiscal year AUTHORIZATION 1996 national defense authorization request, with emphasis on manning the force. Testimony was Committee on House Oversight: Ordered reported H.R. heard from the following officials of the Department 1372, to authorize appropriations for the Federal of the Army: Maj. Gen. Wallace C. Arnold, USA, Election Commission for fiscal year 1996. Assistant Deputy Chief of Staff, Personnel; and Maj. Prior to this action, the Committee held a hearing Gen. Gerald Putman, USA, Assistant Deputy Chief on this measure. Testimony was heard from the fol- of Staff, Operations and Plans, and public witnesses. lowing officials of the FEC: Danny Lee McDonald, Chairman; Lee Ann Elliott, Vice Chairman and Fi- DEFENSE AUTHORIZATION nance Committee Chairman; and John Warren Committee on National Security: Subcommittee on Mili- McGarry, Commissioner; and public witnesses. tary Research and Development continued hearings STATE DEPARTMENT REORGANIZATION on the fiscal year 1996 national defense authorization request, with emphasis on ballistic missile defense. Committee on International Relations: Held a hearing on Testimony was heard from Lt. Gen. Malcolm State Department Reorganization. Testimony was O’Neill, USA, Director, Ballistic Missile Defense heard from Richard Moose, Under Secretary, Man- Organization, Department of Defense. agement, Department of State; J. Brian Atwood, Ad- ministrator, AID, U.S. International Development THE CONTRACT WITH AMERICA TAX Cooperation Agency; John Holum, Director, U.S. RELIEF ACT OF 1995 Arms Control and Disarmament Agency; and Joseph Committee on Rules: Granted, by a recorded vote of 9 Duffey, Director, U.S. Information Agency. to 4, a modified closed rule. The rule waives all ADMINISTRATION’S INTERNATIONAL points of order against the bill (see next paragraph AFFAIRS BUDGET REQUEST for an explanation of known waivers needed). The Committee on International Relations: Held a hearing on rule provides four hours of general debate, with two- the Administration’s International Affairs Budget hours allocated to the Ways and Means Committee, Request for Fiscal Year 1996. Testimony was heard and one-hour each to the Budget and Commerce from public witnesses. committees. The rule makes in order the text of Hearings continue tomorrow. H.R. 1327, as modified by the amendment printed in the Committee report, as the base bill for amend- DEFENSE AUTHORIZATION ment purposes. All points of order against the Committee on National Security: Subcommittee on Mili- amendment are waived. The rule makes in order one tary Installations and Facilities continued hearings amendment in the nature of a substitute by Rep- on the fiscal year 1996 national defense authorization resentative Gephardt of Missouri which is non- request, with emphasis on the quality of military amendable but subject to one hour of debate. All family housing, barracks and dormitories on military points of order are waived against the Gephardt D 476 CONGRESSIONAL RECORD — DAILY DIGEST April 4, 1995 amendment. Finally, the rule provides one motion to former Yugoslavia constitute genocide, receiving tes- recommit, with or without instructions. timony from M. Cherif Bassiouni, DePaul Univer- Two Budget Act points of order lie against the sity, Chicago, Illinois; Andras J. Riedlmayer, Har- bill: section 303(a) for revenue changes preempting vard University, Cambridge, Massachusetts; Roy the coming budget resolution for fiscal year 1996; Gutman, Newsday, Alexandria, Virginia; and David and section 311(a) for breaching the five-year reve- Rieff, New York, New York. nue floor. Those points of order would also lie Commission will meet again on Thursday, April against the amendment in the nature of a substitute 6. made in order as base text as well as the Gephardt f substitute. In addition, both substitutes require a waiver of clause 7 of rule XVI, germaneness, since COMMITTEE MEETINGS FOR they contain matters from unrelated bills to offset WEDNESDAY, APRIL 5, 1995 the revenue losses; and the base text substitute re- (Committee meetings are open unless otherwise indicated) quires a waiver of clause 5(a) of rule XXI, prohibit- Senate ing appropriations in a legislative bill, because of its Committee on Appropriations, Subcommittee on VA, disposition of the Uranium Enrichment Corporation HUD, and Independent Agencies, to hold hearings on appropriations. Because all three vehicles may have proposed budget estimates for fiscal year 1996 for the other vulnerabilities, the Committee waived all National Aeronautics and Space Administration, 9:30 a.m., SD–192. points of order out of caution. Subcommittee on Agriculture, Rural Development, and SBA—OFFICE OF ADVOCACY Related Agencies, to hold hearings on proposed budget estimates for fiscal year 1996 for the Agricultural Re- Committee on Small Business: Held a hearing on the search Service, Cooperative State Research, Education, and Office of Advocacy of the SBA. Testimony was heard Extension Service, Economic Research Service, and the from Jere W. Glover, Chief Counsel for Advocacy, National Agricultural Statistics Service, all of the Depart- SBA; the following former Chief Counsels for Advo- ment of Agriculture, 10 a.m., SD–138. Subcommittee on Commerce, Justice, State, and Judici- cacy, SBA: Milton D. Stewart; Frank S. Swain; and ary, to hold hearings on proposed budget estimates for Thomas P. Kerester; and public witnesses. fiscal year 1996 for the Immigration and Naturalization CLEAN WATER AMENDMENTS Service, and the Bureau of Prisons, both of the Depart- ment of Justice, 10 a.m., S–146, Capitol. Committee on Transportation and Infrastructure: Began Subcommittee on Transportation, to hold hearings on markup of H.R. 961, Clean Water Amendments of proposed budget estimates for fiscal year 1996 for the 1995. Federal Aviation Administration, Department of Trans- Will continue tomorrow. portation, 1:30 p.m., SD–138. Committee on Armed Services, Subcommittee on Person- COVERT ACTION nel, to resume hearings on proposed legislation authoriz- ing funds for fiscal year 1996 for the Department of De- Permanent Select Committee on Intelligence: Met in execu- fense and the future years defense program, focusing on tive session to hold a hearing on Covert Action. Tes- the Department of Defense Quality of Life Programs, timony was heard from departmental witnesses. 9:30 a.m., SH–216. Subcommittee on Airland Forces, to hold hearings on the future of the North Atlantic Treaty Organization Joint Meetings (NATO), 2:30 p.m., SR–222. EMERGENCY SUPPLEMENTAL Committee on Energy and Natural Resources, Subcommittee on Forests and Public Land Management, to hold over- APPROPRIATIONS sight hearings on the U.S. Forest Service land manage- Conferees continued to resolve the differences between ment planning process, 9:30 a.m., SD–366. the Senate-and House-passed versions of H.R. 889, Committee on Environment and Public Works, Subcommit- making emergency supplemental appropriations and tee on Superfund, Waste Control, and Risk Assessment, to resume oversight hearings on the implementation of rescissions to preserve and enhance the military read- the Comprehensive Environmental Response, Compensa- iness of the Department of Defense for the fiscal year tion, and Liability Act (P.L. 102–426), 9:30 a.m., ending September 30, 1995, but did not complete SD–406. action thereon, and recessed subject to call. Committee on Finance, to hold hearings to examine var- ious flat tax proposals, 9:30 a.m., SD–215. GENOCIDE IN BOSNIA Committee on Foreign Relations, Subcommittee on African Commission on Security and Cooperation in Europe (Hel- Affairs, to hold joint hearings with the House Committee on International Relations’ Subcommittee on African Af- sinki Commission): Commission held hearings to ex- fairs to examine the crisis in Rwanda and Burundi, 2 amine the extent to which ethnic cleansing, destruc- p.m., SR–325. tion of cultural sites, and associated war crimes in Committee on Governmental Affairs, to continue hearings Bosnia and Herzegovina and other parts of the on the earned income tax credit, 10 a.m., SD–342. April 4, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 477

Committee on the Judiciary, business meeting, to mark up Committee on International Relations, to continue hearings S. 343, to reform the Federal regulatory process, 10 a.m., on the Administration’s International Affairs Budget Re- SD–226. quest, and to mark up H. Con. Res. 53, expressing the Subcommittee on Antitrust, Business Rights, and sense of the Congress regarding a private visit by Presi- Competition, business meeting, to mark up S. 627, to re- dent Lee Teng-hui of the Republic of China on Taiwan, quire the general application of the antitrust laws to 10 a.m., 2172 Rayburn. major league baseball, 2 p.m., SD–226. Subcommittee on Asia and the Pacific, to consider the Committee on Labor and Human Resources, to hold hear- following measures: H. Con. Res. 33, expressing the sense ings to examine activities of the Department of Health of the Congress regarding a private visit by President Lee and Human Services’ Food and Drug Administration, fo- Teng-hui of the Republic of China on Taiwan to the cusing on the future of American biomedical and food in- United States; and H.J. Res. 83, relating to the United dustries, 10 a.m., SD–430. States-North Korea Agreed Framework and the obliga- Committee on Indian Affairs, to hold hearings on provid- tions of North Korea under that and previous agreements ing direct funding through block grants to tribes to ad- with respect to the denuclearization of the Korean Penin- minister welfare and other social service programs, 9:30 sula and dialog with the Republic of Korea, 9:30 a.m., a.m., SR–485. 2255 Rayburn. Select Committee on Intelligence, to hold hearings to exam- Committee on the Judiciary, Subcommittee on Courts and ine allegations of U.S. involvement in two murders in Intellectual Property, hearing on H.R. 1170, to provide Guatemala, 10:30 a.m., SD–106. that cases challenging the constitutionality of measures passed by State referendum be heard by a three-judge House court, 10 a.m., 2237 Rayburn. Committee on Appropriations, Subcommittee on Agri- Subcommittee on Crime, hearing on the Government culture, Rural Development, Food and Drug Administra- policies associated with the Second Amendment, 9:30 tion, and Related Agencies, on Secretary of Agriculture, a.m., 2141 Rayburn. 12:30 p.m., 2362A Rayburn. Subcommittee on Immigration and Claims, oversight hearing on the impact of illegal immigration on public Subcommittee on Commerce, Justice, State, and Judici- benefit programs and the American labor force, 1:30 ary (and Related Agencies), on Overview of International p.m., 2226 Rayburn. Trade Promotion and Enforcement Programs, 10 a.m. and Committee on Resources, to mark up the following bills: 2 p.m., 2360 Rayburn. H.R. 541, Atlantic Tunas Convention Act of 1995; H.R. Subcommittee on Interior (and Related Agencies), on 1139, to amend the Atlantic Striped Bass Conservation National Endowment for the Arts, 10 a.m. and 1:30 Act; H.R. 1141, Sikes Act Improvement Amendments of p.m., B–308 Rayburn. 1995; H.R. 1175, Marine Resources Revitalization Act of Subcommittee on Labor, Health and Human Services, 1995; H.R. 898, to prohibit high seas fishing vessels and Education (and Related Agencies), on National Medi- from engaging in harvesting operations on the high seas ation Board and Railroad Retirement Board, 10 a.m., and without specific authorization from the Secretary of Com- on Occupational Safety and Health Review Commission, merce; and H.R. 1266, Greens Creek Land Exchange Act Physician Payment Review Commission, and on Prospec- of 1995, 11 a.m., 1324 Longworth. tive Payment Assessment Commission, 2 p.m., 2358 Ray- Subcommittee on Native American and Insular Affairs, burn. to mark up H.R. 1332, Rongelap Recovery and Commu- Subcommittee on National Security, on Navy/Marine nity Self-Reliance Act, 4 p.m., 1324 Longworth. Corps Acquisition, 10 a.m., executive, on Russian and Committee on Rules, to consider H.R. 483, to amend Other Submarine Threats, 1 p.m., and executive, on Navy title XVIII of the Social Security Act to permit Medicare Submarine Program, 2 p.m., and on Submarine Industry Select policies to be offered in all States, 5 p.m., H–313 Perspective, 3:30 p.m., H–140 Capitol. Capitol. Subcommittee on Veterans’ Affairs, Housing and Committee on Small Business, Subcommittee on Procure- Urban Development and Independent Agencies, on Con- ment, Exports, and Business Opportunities, hearing on gressional and Public Witnesses, 9:30 a.m. and 2 p.m., SBA’s Surety Bond Program, 10 a.m., 2359 Rayburn. H–143 Capitol. Committee on Standards of Official Conduct, executive, to Committee on Banking and Financial Services, to continue consider pending business, 2 p.m., HT–2M Capitol. hearings on the following: H.R. 1062, Financial Services Committee on Transportation and Infrastructure, to mark Competitiveness Act of 1995; Glass-Steagall Reform; and up the following bills: H.R. 1361, Coast Guard Author- related issues, 9:30 a.m., 2128 Rayburn. ization Act for Fiscal Year 1996; and H.R. 1323, Pipe- Committee on Commerce, Subcommittee on Health and line Safety Act of 1995, 10 a.m., and to continue markup Environment, hearing on the reauthorization of the Ryan of H.R. 961, Clean Water Amendments of 1995, 1 p.m., White CARE Act, 9:30 a.m., 2123 Rayburn. 2167 Rayburn. Committee on Economic and Educational Opportunities, hear- ing on Executive Order 12954, and H.R. 1176, to nullify Joint Meetings an executive order that prohibits Federal contracts with Joint Economic Committee, to resume hearings to examine companies that hire permanent replacements for striking the Administration’s proposal to raise the minimum employees, 9:30 a.m., 2175 Rayburn. wage, 9 a.m., 1100 Longworth Building. Committee on Government Reform and Oversight, Sub- Joint Hearing: Senate Committee on Foreign Relations’ committee on Civil Service, to continue hearings on Con- Subcommittee on African Affairs, to hold joint hearings tracting Out: Part 2, 1:30 p.m., 311 Cannon. with the House Committee on International Relations’ Committee on House Oversight, hearing on Franking Re- Subcommittee on African Affairs, to examine the crisis in form, 10 a.m., 1310 Longworth. Rwanda and Burundi, 2 p.m., SR–325. D 478 CONGRESSIONAL RECORD — DAILY DIGEST April 4, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, April 5 11 a.m., Wednesday, April 5

Senate Chamber House Chamber Program for Wednesday: After the recognition of seven Program for Wednesday and the Balance of the Senators for speeches and the transaction of any morning Week: Consideration of H.R. 1215, Tax Fairness and business (not to extend beyond 11:30 a.m.), Senate will Deficit Reduction Act of 1995 (modified rule, four hours resume consideration of H.R. 1158, FEMA Supplemental of general debate); and Appropriations. Consideration of H.R. 660, Housing for Older Persons Act of 1995 (open rule, one hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Hamilton, Lee H., Ind., E779 Rangel, Charles B., N.Y., E768 Johnson, Nancy L., Conn., E767 Reed, Jack, R.I., E776 Ackerman, Gary L., N.Y., E777 Kennedy, Patrick J., R.I., E768 Richardson, Bill, N. Mex., E773 Baker, Bill, Calif., E772 Lantos, Tom, Calif., E766, E771 Sanders, Bernard, Vt., E776 Borski, Robert A., Pa., E778 Lightfoot, Jim, Iowa, E765, E769 Smith, Christopher H., N.J., E778 Coble, Howard, N.C., E784 Livingston, Bob, La., E779 Solomon, Gerald B.H., N.Y., E765, E771 Cox, Christopher, Calif., E772 Lofgren, Zoe, Calif., E782 Tejeda, Frank, Tex., E779 Ewing, Thomas W., Ill., E767 Menendez, Robert, N.J., E768 Torres, Esteban Edward, Calif., E766, E770, E777 Fields, Jack, Tex., E767, E771 Miller, George, Calif., E766, E769 Visclosky, Peter J., Ind., E767, E770 Frank, Barney, Mass., E777 Owens, Major R., N.Y., E774 Weldon, Dave, Fla., E778 Gilman, Benjamin A., N.Y., E783 Packard, Ron, Calif., E776 Wolf, Frank R., Va., E774 Goodlatte, Bob, Va., E768 Pallone, Frank, Jr., N.J., E771

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